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PRHSPSC PKT 10-12-2021City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee October 12, 2021 5:00 p.m. Virtual MEETING AGENDA Notice: Due rising cases of COVID-19 in King County and the region and pursuant to Governor Inslee's Proclamation 20-28, all city meetings will be held remotely until further notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting: Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 Sign -Up* here to give citizen comment during the meeting (via calling -in) Click Here to submit written comments to the PRHSPS Committee Meeting Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 To ensure your comments are received and processed your request must be submitted at least 1-hour prior to the start of the meeting 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council or Info Date A. Approval of September 14, 2021 Minutes 3 Action N/A B. South King Housing and Homelessness Partners Bridgeford 7 Action Consent (SKHHP) 2022 Work Plan and Budget 10/19/21 C. Portable Toilet Service Contract Amendment Gerwen 19 Action Consent 10/19/21 D. Tree Services Contract Amendment Gerwen 25 Action Consent 10/19/21 E. Lease Temporary Work Trailers for Parks Maintenance Gerwen 31 Action Consent Staff Displaced due to Covid-19 10/19/21 Committee Members City staff Linda Kochmar, Chair John Hutton, Parks Director Lydia Assefa-Dawson Mary Jaenicke, Administrative Assistant II Greg Baruso K:\PRHSPS Committee\2021\10-12-2021 Agenda i.doc Topic Title/Description Presenter Page Action or Info F. Edward Byrne Memorial Justice Assistance Grant (Jag) Hwang 35 Action Program FY2021 G. Police Department Proposing Additional Personnel and Hwang Resources H. Ordinance: Revising FWRC 6.35.030 — Pedestrian Eide Interference 4. OTHER 47 Action 67 Action Council Date Consent 10/19/21 Consent 10/19/21 Ordinance 10/19/21 5. FUTURE MEETING: The next PRHSPS meeting will be November 9, 2021 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Linda Kochmar, Chair Lydia Assefa-Dawson Greg Baruso City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2021\10-12-2021 Agenda i.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 14, 2021 5:00 p.m. SUMMARY Committee Members Participating Via Zoom: Chair Kochmar, Committee member Baruso Assefa- Dawson Council Member Participating Via: Council President Honda and Council member Craft Staff Members Present: Judge David Larson, Joanna Eide, City Attorney, Chief Andy Hwang, Commander Casey Jones, Sarah Bridgeford, Human Services Manager, Jason Gerwen, Parks Deputy Director and Mary Jaenicke, Administrative Assistant II. Guests: Representative Lauren Davis and Representative Jamila Taylor Chair Kochmar called the meeting to order at 5:00pm Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Baruso motioned to approve the July 13, 2021 minutes as written. Chair Kochmar seconded. Motion passed. Resolution Supporting the Court's Efforts to Address Addiction and Mental Illness with the Sequential Intercept Model Judge Larson introduced Representative Jamila. Taylor and Representative Lauren Davis. Judge Larson reviewed the Sequential Intercept Model. The model takes a more organized and structured approach to intervention with people as they are coming in and out of the criminal justice system. The model refers to a stepped process for addressing behavioral health issues in different stages of the criminal justice system. There are currently six intercepts starting with Intercept zero, which could be Community Services, Intercept one is law enforcement, Intercept three is Jail/Courts, Intercept four is Reentry and Intercept Five is Community Corrections. The current system is very fragmented. Right now, under the law they police could set up a lead program, the jail could setup a jail reentry and the courts could setup therapeutic interventions. None of them under the law are required to cooperate; the programs are setup separately. There needs to be a shift from a system -based approach to a program -based approach. Judge Larson is advocating for a participant -based approach where they're looking at the participants themselves and the impacts and benefits to them. The Sequential Intercept Model will allow them to organize resources in a more efficient and effective way so that ultimately there will be a regional resource network approach. The grant that they are applying for is doing a demonstration project of how this model might work. After the presentation from Judge Larson and Representatives Davis and Taylor, there was a question and answer session with the Committee members, Council President Honda and Council member Craft. Judge Larson stated that they are expecting to get the grant money at the end of the year and be able to start the Sequential Intercept model. Committee member Baruso moved to forward the proposed resolution to the September 21, 2021 City Council meeting. Committee member Assefa-Dawson seconded. Motion passed. K:\PRHSPS Committee\2021\09-14-2021 Minutes.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 14, 2021 Summary Page 2 CDBG-CV2 Contract with WA State Department of Commerce Staff Bridgeford provided the background information. As part of the CARES Act there were three allocations made to CDBG. To prevent, prepare for and respond to the Coronavir'us. The Departmer�L Gf Commerce made the decision to provide a portion of its funding in CV2 to entitlement communities across the state. The grant funds are prioritizing housing and stability and projects that were previously _funded with CVI and CV3 -funds. Rent assistance continues to be a priority; King County will be the largest rent assistance provider for the City of Federal Way. The City applied for and was awarded $224,366.00 in CDBG-CV2 funds. The two projects that qualify are the Catholic Community Services and the Multi -Service Center. Both projects would receive half of the funds. They will provide rent assistance to low- and moderate -income households in the City of Federal Way that are behind rent and had financial impact due to COVID-19. This should help a minimum of 39 households. Committee member Baruso moved to forward the proposed Agreement to the September 21, 2021 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Lease Agreement between Twin Lakes Plaza, LLC and the City of Federal Way for Twin Lakes Substation Chief Hwang provided the background information. Twin Lakes Plaza, LLC will be charging $665 per iuvnt' ($7,850.00 per year) LG lease ihlS Space. This IS a L'VVV-`year CV11L1aiL. The Spain, iS utilized by the west end officers for administrative tasks and provide assistance with law enforcement issues around the Twin Lakes area. Committee member Baruso moved to forward the proposed Agreement to the September 21, 2021 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Interlocal Agreement between City of Federal Way and Federal Way Public Schools for School Resource Officers Commander Jones provided the background information. The Federal Way Police Department has partnered with the Federal Way School District (FWSD) to provide school resource officers (SRO) since 1998. They started this program at Federal Way High School; they now have SRO's at all four high schools. Requirements have changed due to state-wide mandates and legislation. All SRO's go through specified training in order to be certified as an SRO. The FWSD reimburses the city at 75% of the officer's salary. This is a one-year contract. Another requirement is community input in the form of meeting with the school district and having community sessions. This provides an opportunity for students and parents to provide feedback regarding the SRO program. The FWSD is involved in the interview process for the selection of the SRO's. Committee member Assefa-Dawson moved to forward the proposed Agreement to the September 21, 2021 consent agenda for approval. Committee member Baruso seconded. Motion passed. King County Registered Sex Offender Cost Reimbursement Agreement Chief Hwang provided the background information. This is an overtime cost reimbursement agreement with King County for verifying current addresses and residencies for registered sex offenders. Currently there are approximately 200 registered sex offenders in Federal Way. 3-5 of those registered are considered level 3 sex offenders who are most likely to reoffend. The officers will make contact with every registered sex offender in the community to make sure they're in compliance with the law. They will visit level one sex offenders once a year, level two every six months and level three every three months. The maximum amount for officer overtime reimbursement is $16,841.98. Committee member Assefa-Dawson moved to forward the proposed Agreement to the September 21, 2021 consent agenda for approval. Committee member Baruso seconded. Motion passed. 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 14, 2021 Summary Page 3 Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area (HIDTA) Task Force Agreements Chief Hwang provided the background information. There is a regional Valley Narcotics Enforcement Team that is stationed in an undisclosed location in Federal Way. The FWPD has a detective that is a task force officer that is signed to this VNET team. This contract covers over -time expense for the detective. This is a one-year contract that is renewed every year. Committee member Baruso moved to forward the proposed Agreement to the September 21, 2021 Council consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Bid Acceptance — Roofing Replacement at Saghalie Restroom Buildings & Steel Lake Annex - Barn Staff Gerwen provided the background information. Staff was authorized by City Council to request bids for the roofing replacement at Saghalie restroom buildings and the Steel Lake Annex Barn. $170,000.00 was budgeted for the project. There was one responsive bidder and the bid came in at $155,139.82. The roofs will be replaced with metal roofing and will have a life span of 50 years. Committee member Assefa-Dawson moved to forward the bid acceptance for the roofing replacement as presented by staff to the September 21, 2021 consent agenda for approval. Committee member Baruso seconded. Motion passed. HVAC Service Contract Amendment Staff Gerwen provided the background information. Staff solicited bids for services in 2019 and MacDonald Miller was the successful bidder. They have been successfully managing the scope of services. Staff is very happy with their quality of work and communication. The Scope of Services have been changed to update the City Hall Building and Community Center to MERV 13 filters based on CDC ventilation recommendations. The adjusted compensation is $289,673.10 for three years for a total contract amount of $496,473.10. Committee member Baruso moved to forward the proposed Amendment to the September 21, 2021 Council consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Janitorial Service Contract Amendment Staff Gerwen provided the background information. This is a contract amendment to extend the term, add services and adjust the compensation to the Janitorial Service contract. Staff purchased Clorox machines with CARES money. The janitorial contractor has been using the machines to clean the facility five times a week since the City Hall building reopened. This is a very labor intensive service. Committee member Assefa-Dawson moved to forward the proposed amended Agreement to the September 21, 2021 Council consent agenda for approval. Committee member Baruso seconded. Motion passed. Other None NEXT REGULAR MEETING October 12, 2021 ADJOURNMENT Meeting adjourned at 6:39 p.m. 5 CITY Of .� Federal Way Centered on Opportunity This page was intentionally left blank. COUNCIL MEETING DATE: October 19, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) 2022 WORK PLAN AND BUDGET POLICY QUESTION: Should City Council approve the proposed South King Housing and Homelessness (SKHHP) 2022 Work Plan and Budget? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY. Sarah_ Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2. SKHHP Resolution No. 2021-03 Options Considered: 1. Approve the proposed SKHHP 2022 Work Plan and Budget 2. Do not approve proposed SKHHP 2022 Work Plan and Budget and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ,/0// Xv O DIRECTOR InilialD - (/ lain. Dce COMMITTEE RECOMMENDATION: I move to forward the proposed SKHHP 2022 Work Plan and Budget to the October 12, 2021, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 7 move approval of the proposed SKHHP 2022 Work Plan and Budget. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED Flat rending ❑ TABLEDMEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinarm only) ORDINANCE N REVISED - 4/2019 RESOLUTION p CITY OF FEDERAL WAY MEMORANDUM DATE: September 24, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Sarah Bridgeford, Community Services Manager SUBJECT: South King Housing and Homelessness Partners (SKHHP) 2022 Work Plan and Budget Financial Impacts: The City incurs costs as a member city of the South King Housing and Homelessness Partners (SKHHP). The costs are associated with the annual fee as presented in the SKHHP 2022 Budget offered for Council consideration. $26,000 was included in the adopted budget. The increase of $3,900, bringing the total to $29,900, for 2022, will be covered by other cost savings at the City, but subsequent years will require a budget increase. Background Information: The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement for governments in South King County to work together and share resources to increase available options for South King County residents for access to affordable housing and to preserve the existing affordable housing stock. In accordance with the Interlocal Agreement, the annual SKHHP work plan and budget must be approved by the legislative body of each member jurisdiction in addition to the SKHHP Executive Board. The SKHHP 2022 work plan and budget included here for Council consideration operationalizes the SKHHP mission and goals and provides an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services. As mentioned above and consistent with the SKHHP Interlocal Agreement, the SKHHP 2022 work plan and budget must be approved by each legislative body and adopted by the SKHHP Executive Board. Work Plan The 2022 work plan builds on work completed in 2020 and 2021 to establish the SKHHP Housing Capital Fund through pooled public resources, increase philanthropic and corporate investment through creation of a SKHHP 501(c)(3) fundraising branch, and establish a SKHHP Advisory Board made up of community members that will help to ground SKHHP decision in community needs and interests. The work plan includes three major areas of work that will facilitate implementation of the SKHHP Interlocal Agreement: (1) governance and administration; (2) policy and planning; and (3) education and outreach. Rev. 7/18 (1) The governance and administration work area includes: strategic planning to set 3-5 year goals for the organization, an annual work plan and budget process, establishing quarterly progress and budget reports, and outlining annual reporting to stakeholders and non-SKHHP south King County cities. (2) 'The policy and planning work area includes: administering and allocating funds from the SKHHP Housing Capital Fund and coordinating with partner jurisdictions to enhance and develop new local housing policies and programs. (3) The outreach and education work area includes: representing south King County at local and regional decision tables and strengthening regional stakeholders' understanding of housing needs and opportunities in south King County. Operating Budget The adopted budget for 2019 and 2020 was a projection of operating costs that did not ultimately cover the full SKHHP operating costs. This was because the Interlocal Agreement included an adopted budget before staff was hired and the City of Auburn became the administering agency. However, SKHHP decided to intentionally spend down cost savings from the previous two years, sourced from a combination of maintaining the original jurisdictions' original contribution levels in 2021 along with personnel cost savings from unfilled positions in 2019 and 2020 to cover operating costs and wait to consider increases to member contributions to the 2022 operating budget. During the development of the 2022 SKHHP operating budget, feedback from SKHHP partner jurisdictions and the SKHHP staff work group identified the following budget priorities: ® Work towards a balanced budget; ® Increase staff capacity to two full time positions; and ® Consider a compensation structure for SKHHP Advisory Board members. The 2022 SKHHP operating budget operationalizes these priorities by increasing jurisdiction contributions by 15%. The SKHHP budget contributions are based on population size, as shown in the attachment to the resolution. Federal Way's 2022 SKHHP contribution is $29,900. If there are any additional contributions to SKHHP's operating budget from sources such as: existing SKHHP partners, additional partners become part of SKHHP, or contributions or donations from outside sources, each SKHHP partner contribution could be reduced through an amended budget. 9 Rev. 7/18 Recommendation Staff recommends approval of the 2022 SKHHP work plan and budget. This recommendation is based on the following: 1. The 2022 SKHHP work plan and budget is consistent with the Interlocal Agreement between Auburn, Burien, Covington, Des Moines, Federal Way, Normandy Park, Renton, Tukwila, and King County. 2. The 2022 SKHHP work plan and budget operationalizes the agreed upon priorities by the SKHHP Executive Board to implement the Interlocal Agreement by acting cooperatively to formulate housing policies and strategies that address housing stability, foster efforts to preserve and provide affordable housing by combining public funding and private -sector resources, and support implementation of other local policies and programs relating to affordable housing. 10 Rev. 7/18 RESOLUTION NO. 2021-03 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2022 SKHHP WORK PLAN AND 2022 SKHHP OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, upon adoption, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance; and implement the overarching SKHHP goals to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2022 work plan includes three major streams of work: governance and administration; policy and planning; and education and outreach; and WHEREAS, the governance and administration work stream includes program - wide management activities including establishing decision -making protocols and reporting procedures; and convening a community advisory board; and WHEREAS, the policy and planning work stream includes advocating for and establishing a SKHHP affordable housing capital fund; and collaborating with partners to enhance local policies and programs that accelerate access to affordable housing, protect existing housing stock, and provide housing security; and WHEREAS, the outreach and education work stream includes representing South King County at all applicable decision tables; and furthering the understanding of the spectrum of affordable housing options and related needs and opportunities; and NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the SKHHP 2022 Work Plan as shown in Attachment A. Resolution No. 2021-03 Rev. 2019 July 23, 2021 11 Page 1 of 8 Section 2. The Executive Board adopts the SKHHP 2022 Budget as shown in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and Signed this _28_ day of July 2021. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS Resolution No. 2021-03 Rev. 2019 July 23, 2021 12 Page 2 of 8 RESOLUTION 2021-03 —ATTACHMENT A SKHHP 2022 WORK PLAN SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. 6 ® Share technical information and resources to promote sound housing policy ® Coordinate public resources to attract greater private and public investment for affordable housing in South King County ® Provide a unified voice to advocate for South King County needs at a local, regional, and state levels Purpose Establish a 2022 SKHHP Work Plan that is shaped by member jurisdictions, consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. - The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement to work together and share resources to increase the available options for South King County residents to access affordable housing and preserve the existing affordable housing stock. The SKHHP 2022 work plan includes three major areas of work that will facilitate implementation of the SKHHP Interlocal Agreement: governance and administration; policy and planning; and education and outreach. The 2022 work plan builds on work done in 2020 and 2021 to establish a SKHHP Housing Capital Fund through pooled public resources, increase philanthropic and corporate investment through the creation of a SKHHP 501(c)(3) fundraising branch, and establish a SKHHP Advisory Board made up of community members that will help to ground SKHHP decisions in communities needs and interests. Progress reports Consistent with the Interlocal Agreement, the SKHHP Executive Manager will submit quarterly budget performance and progress reports on the status of the work plan elements to the SKHHP Executive Board and the legislative body of each member ------------------------------ Resolution No. 2021-03 Rev. 2019 July 23, 2021 13 Page 3 of 8 jurisdiction. To be consistent with the administering agency's finance department, quarterly progress reports will be provided as follows: • Quarter1: May • Quarter 2: August • Quarter 3: November • Quarter4: February Next steps: In accordance with the Interlocal Agreement, the 2022 SKHHP Work Plan will be approved by the legislative body of each member jurisdiction and the SKHHP Executive Board. The timeline for review and adoption of the 2020 SKHHP Work Plan is as follows: April -June: May -June: June 23: Summer -Fall: Review and input Executive Board Executive Board SKHHP partner sought from work plan and consideration of jurisdiction partner Councils budget work plan and adoption of work development budget plan and budget Resolution No. 2021-03 Rev. 2019 July 23, 2021 14 Page 4 of 8 GOVERNANCE AND ADMINISTRATION GOAL 1: Define strategy, direction, and long-term goals, and provide direction to staff on implementation of the SKHHP Interlocal Agreement. Outcomes: 1) Functioning and collaborative entity with clear measures of success. 2) Implementation supports equitable outcomes across jurisdictions, community members, and stakeholders. 3) Added value for SKHHP partners and South King County subregion. Activities/Actions: 1) Develop annual work plan and budget a. Partner jurisdiction input and review b. Partner jurisdiction adoption 2) Quarterly progress and budget reports 3) Annual updates to stakeholders and non-SKHHP South King County cities 4) Strategic planning — establish 3®5 year goals and objectives POLICY OAL 2: Administer and allocate South King County Housing Capital 1) Increase resources dedicated to affordable housing preservation, rehabilitation, and production in South King County. 2) Pool resources to address the growing affordable housing and homelessness needs in South King County. Activities/Actions: 1) SKHHP Housing Capital Fund application and allocation process 2) Build funding support through advocacy with philanthropic and private corporations GOAL 3: Work with partner jurisdictions to enhance and develop new local policies and programs that protect existing affordable housing stock, provide housing security, and accelerate access to affordable housing. 1) Number of jurisdictions that adopt new or enhanced legislation or programs that support equitable affordable housing production and preservation strategies. 2) Increased number of affordable rental housing units in participating programs. ------------------------------ Resolution No. 2021-03 15 Rev. 2019 July 23, 2021 Page 5 of 8 3) Improved collective efforts to address systemic and institutional racism and create greater racial equity and justice in housing. Activities/Actions: 1) Support implementation of housing strategy/action plans to increase equitable housing production and preservation strategies 2) Maintain inventory & assessment of existing city policies and regulations for affordable housing preservation programs and housing production strategies 3) Assist cities in enacting policies and strategies that address tenant protections through anti -displacement, fair housing, and healthy housing 4) Develop subregional affordable housing preservation strategies. 5) Maintain catalog of successful affordable housing development projects Goal 4: Represent South King County and its unique affordable housing needs at all decision tables and foster collaboration between partners. 1) Establish credibility of SKHHP with potential partners and funders. 2) South King County is authentically heard, considered, and supported by regional and state stakeholders and policy makers. 3) Changes in policies, practices, and funding streams that support affordable housing and homelessness programs in South King County. Activities/Actions 1) Represent SKHHP at local & regional meetings and forums. 2) Develop annual SKHHP State advocacy priorities 3) Develop annual SKHHP Federal advocacy priorities 4) Conduct work sessions with state legislators Goal 5: Further strengthen regional stakeholders' understanding of the spectrum of affordable housing options, the range of related needs and opportunities, and the housing system . Outcomes: 1) South King County decision makers are informed and prepared to act based on current information and facts. 2) Increased interest from nonprofit and for -profit developer to partner with South King County cities to produce affordable housing. 3) The broader community is engaged on local housing issues. Resolution No. 2021-03 Rev. 2019 July 23, 2021 16 Page 6 of 8 Activities/Actions 1) Coordinate and work with developers to better understand barriers to increasing construction and preservation of affordable housing 2) Support SKC engagement and elected official participation in affordable housing development tours 3) Coordinate monthly educational topics that promote understanding of the full housing system and practices that have led to inequities in the system, and opportunities to address racial equity and justice 4) Generate educational information for the public including brochures, website, housing tours, and other outreach programs. Resolution No. 2021-03 Rev. 2019 July 23, 2021 17 Page 7 of 8 RESOLUTION 2021-03 — ATTACHMENT B 2022 SKHHP Operating Budget Projected beginning fund balance -January 1, 2022 $211,801.80 Projected ending fund balance - December 31, 2022 $143,573.11 REVENUES Auburn $29,900 Burien $17,250 Covington $8,625 Des Moines $8,625 Federal Way $29,900 Kent $39,100 Normandy Park $4,600 Renton $39,100 Tukwila $8,625 Unincorporated King County" $39,100 King County Housing Authority $15,000 King County** $35,900 Interest earnings Office space (in -kind donation) $12,000 Contributions & Donations TOTAL REVENUES $287,725.00 Spend down balance $68,228.69 TOTAL $355,953.69 01G&ui Salaries and benefits $254,685.17 Misc -travel, phone, postage $12,000.00 Advisory Board compensation $14,400.00 Office space (in -kind donation) $12,000.00 Supplies $1,000,00 Professional development $5,000.00 Interfund IT $25,600.00 Subtotal $324,685.17 Administering agency —10% Administrative Fee* $31,268.52 TOTAL $355,935.69 *10% administrative fee is calculated as a percentage of operating costs which does not include in -kind donations, or carry forwards. **King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year. Resolution No. 2021-03 Rev. 2019 July 23, 2021 18 Page 8 of 8 SUBJECT: PORTABLE TOILET SERVICE CONTRACT AMENDMENT POLICY QUESTION: Should the City Council approve amending the contract with Head Quarters to extend the term and adjust compensation? COMMITTEE: PRHSPS COMMITTEE MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Bearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DeI-I•eck Presnell, Parks & Facilities Manager DEPT: Parks Attachments: 1. Staff Report 2. Third Amendment to the Maintenance Agreement for Portable Toilet Services Options Considered: to Approve the proposed amendment. 2. Do not approve the proposed amendment and provide direction to staff, MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Committee ,,,it Council Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the October 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # 19 CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Derreck Presnell, Parks & Facilities Manager SUBJECT: Portable Toilet Services Contract Financial Impacts: The cost to the City for portable toilets was included within the approved budget under Parks Department account number 001-7100-331-576-80-453. In accordance with the approved budget, this item is funded by the General Fund. The proposed amendment will increase the compensation by $50,000.00 for a total compensation of $138,250.00. Original Contract: $23,500.00 Amendment #1: $18,750.00 Amendment #2: $46,000.00 Current Proposed Amendment #3 $50,000.00 Total amount of contract: $138,250.00 Background Information: An amendment is needed to extend the term and increase the amount of compensation. Due to the challenges of COVID-19 we have had to increase the number of units deployed at various park locations and the frequency of servicing. 20 Rev. 7/ 18 CITY OF ,L Federal Way CITY HALL 33325 ath Avenue South Federal Way, WA 98003-6325 (253) $35-7000 w Wwyroflederal"Ycone AMENDMENT NO.3 TO GOODS AND SERVICES AGREEMENT FOR PORTABLE TOILETS This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Temporary Storage of Washington, Inc., dba Head Quarters a Washington corporation ("Contractor"). The City and Contractor (together "Parties'), for valuable consideration and bymutual consent ofthe Parties, agree to amend the original Agreement for Portable Toilets ("Agreement") dated effective January 18, 2018, as amended by Amendment No (s). 1 and 2, as follows: 1. AMENDED TERM. The term ofthe Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2023 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear underpenalty ofpetjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 21 AMENDMENT - 1 - 3/2017 eFederal Way CITY LL 33325 ath Avenue South Federal Way, 98003-6325 y, 0 4NMN Cl1 yOiiCd@fL1�Y L0111 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: TEMPORARY STORAGE OF WASHINGTON, INC. DBA HEAD QUARTERS: By: Printed Name: Title: Date: STATE OF WASHINGTON ) )as COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 22 AMENDMENT - 2 - 3/2017 CIT Federal Way EXHIBIT B-3 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 1253, 835-7000 MMci(yofietle�alwaYmm 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Thirty -Eight Thousand Two Hundred Fifty and No/100 Dollars ($138,250.00). 23 AMENDMENT - 3 - 3/2017 CITY OF Federal Way Centered on Opportunity This page was intentionally left blank. 24 SUBJECT: TREE SERVICES CONTRACT AMENDMENT POLICY QUESTION: Should the City Council approve amending the contract with Thundering Oak Enterprises, Inc. to extend the term and adjust compensation? COMMITTEE: PRHSPS MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Nearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DERRECK PRESNELL, PARKS & FACILITIES MANAGER DEPT: Parks . ........__.____._............................................................................................................................................... Attachments: 1. Staff Report 2. Second Amendment to the Maintenance Agreement for Tree Services Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL° DIRECTOR APPROVAL: Committee COmleil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the October 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # 25 CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Derreck Presnell, Parks & Facilities Manager SUBJECT: Tree Services Contract Amendment Financial Impacts: The cost to the City for the Maintenance Agreement for Tree Service was included within the approved budget under the Parks Department, under the following line item 001-7100-335- 576-83-480. In accordance with the approved budget, this item is funded by the General Fund. The proposed amendment will add $247,725.00 in compensation for a total contract amount of $396,225.00 and extend the contract to March 31, 2025. Original contract: $60,500.00 Amendment #1: $88,000.00 Current Proposed Amendment #2: $247,725.00 Total amount of contract: $396,225.00 Background Information: The Parks Department rebid contracted arborist service in 2019 and amended the contract in 2020. This amendment is needed to increase the amount of compensation and extend the term. The city has been experiencing an increase in calls form citizens in Federal Way regarding dangerous or down trees that are on city properties which threaten private property interests. The Streets (101-4100-xxx) and SWM (4100-3 1 00-xxx) maintenance division also utilize this contract as needed. 26 Rev. 7/18 ITr of Federal Way CITY HALL Bth Avenue South Federal Way, WA 98003fi325 (253) 835-7000 ooww CryoBedernlwny con? AMENDMENT NO.2 TO MAINTENANCE AGREEMENT FOR TREE SERVICE This Amendment ("Amendment No. 2) is made between the City of Federal Way, a Washington municipal corporation ("City'), and Thundering Oak Enterprises, hic., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Tree Service ("Agreement") dated effective July 1, 2019, as amended by Amendment No. l as follows: 1. AMENDED TERM. The term of the Agreement, as referencedby Section 1 of the Agreement and anyprior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than March 31, 2025 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-2, attached hereto and incorporated bythis reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of my taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terns and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty ofperjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 27 AMENDMENT - 1 - 3/2017 Federal Way CITYHALL 33325 8th Avenue South Wa Federal Way, WA 98003E325 (253) 835-7000 urvvw citye//�eralway rom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim Ferrell, Mayor DATE: THUNDERING OAK ENTERPRISES, INC By: Printed Name: Title: Date: STATE OF WASHINGTON ) ) as. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 28 AMENDMENT - 2 - 3/2017 CI1 Federal Way EXHIBIT B-2 ADDITIONAL COMPENSATION CITY HALL 33325 ath Avenue South Federal Way, WA 98003-6325 (253)835-7000 �MlvcifyoBadwigh ycorn Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred and Twenty -Five Thousand and No/100 Dollars ($225,000.00) and Washington State sales tax equal to Twenty -Two Thousand Seven Hundred Twenty -Five and No/100 Dollars ($22,725.00) for a total of Two Hundred Forty -Seven Thousand Seven Hundred Twenty -Five and No/100 Dollars ($247,725.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Three Hundred Ninety -Six Thousand Two Hundred Twenty -Five and No/100 Dollars ($396,225.00). 2. Method of Compensation: A. Payment by the City for services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate Cityrepresentative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, approximately thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Tree feller: $125.00 per hour • Tree climbing work:. $125.00 per hour • Grounds person work: $115.00 per hour • Bucket trucks, trucks and chippers rate: (no charge) • Stump grinding rate: $150.00 per hour. • Fee for a certified tree assessment report: $140.00 NOTE: ISA Certified Arborist will always be on site to perform work or supervise. 29 AMENDMENT - 3 - 3/2017 UTV OF Federal Way Centered on Opportunity This page was intentionally left blank. 30 COUNCIL MEETING DATE: October 19, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LEASE TEMPORARY WORK TRAILERS FOR PARKS MAINTENANCE STAFF DISPLACED DUE TO COVID-19 POLICY QUESTION: Should the City Council allocate $300,000 of American Rescue Plan Act (ARPA) dollars to lease work trailers for Parks Maintenance staff displaced due to Covid-19 and authorize the Mayor to enter into the lease agreement? COMMITTEE: PRHSPS Committee MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Deputy, Parks Director. DEPT: Parks. Attachments: 1. Staff Report Options Considered: 1. Approve the proposed allocation of ARPA funds and authorize the Mayor to enter into a lease agreement for work trailers to temporarily house Parks Maintenance staff. 2. Do not approve proposed allocation of ARPA funds and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: /,-f ' DIRECTOR emonaimnsee APPROVAL7 o u ?Li e G/-mu mumme COMMITTEE RECOMMENDATION: I move to forward the proposed allocation of ARPA funds in the amount of $300, 000 for work trailers to temporarily house Parks maintenance staff to the October 19, 2021, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed allocation of ARPA funds in the amount of $300, 000 for work trailers to temporarily house Parks Maintenance staff. " BLOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL k ❑ DENIED First reading ❑ TABLEIVDEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE it REVISED - 42019 RESOLUTION N 31 CITY OF FEDERAL WAY MEMORANDUM DATE: September 30, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton SUBJECT: Lease Temporary Work Trailers for Parks Maintenance Staff Displaced Due to Covid-19 Financial Impacts: The financial impacts to the City for leasing temporary work trailers for Parks Maintenance staff displaced due to Covid-19 was not included within the approved budget. We are proposing funding the temporary work space with American Rescue Plan Act (ARPA) dollars. We will have increased overall utility charges due to ongoing use associated with these work trailers. Staff believes we should be able to sustain the utility increase associated with the use of the trailers within the current operational budget allocation. Futme costs are unknown at this time. The cost breakdown for die leased temporary work trailers for athree- year term are as follows: Trailers $165,000 Security $85,000 Water $19,500 Power $18,000 Sewer $5,000 Site Prep $7,500 Grand Total $300,000 Background Information: In February of 2020, Parks and Public Works management met and determined it would be best to separate our crews into smaller work units to ensure we could have coverage if a Covid-19 outbreak occurred within our maintenance staff and to avoid exposure to staff for safety reasons. For the past 19 months, Parks staff have been without a work location. Parks Maintenance staff have been working out of their trucks, broom closets, and pipe chases. We had already outgrown the Steel Lake Maintenance Shop prior to the pandemic. Since the pandemic began, there has been a wholesale change to the way the Steel Lake Maintenance Shop functions. Public Works has added more than six staff members that now report out of the 32 Rev.]/18 Steel Lake Shop. What was once a jointly used facility is unable to house all the members of the three maintenance divisions (Parks, Streets, SWM) at the Steel Lake Maintenance Shop. Concurrently, we are working to find a suitable location for a new maintenance facility. The length of time needed to keep the leased work trailers in place will depend on direction from the City. In our professional judgement, we believe the timeline needed to lease the temporary work trailers to be 18 months to 3 years. The cost breakdown above covers a three-year lease. If we are able to get into a new maintenance facility before the three-year expected timeline, we would receive a prorated refund for the unused lease time. We cannot delay in creating a suitable work space for our Parks Maintenance Division. They need and deserve a dedicated work space to properly meet, coordinate and function as a work group and have already had to make -do without for far too long, and much longer than the short timeframe we initially expected. This proposal is a justifiable use of ARPA funds and meets the eligibility requirements for those funds. 33 Rev. 7/18 CITY Or Federal Way Centered on Opportunity This page was intentionally left blank. 34 COUNCIL MEETING DATE: October 19, 2021 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY2021 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department, accept the Allocation MOU for the Edward Bryne Memorial Justice Assistance Grant (JAG) award for FY 2021? Acceptance of the grant requires no matching funds. COMMITTEE: PRHS&PSC MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY DIANE C_SHINES - CIVILIAN OPERATIONS MANAGER_ _ DEPT: POLICE Attachments: L PREIS & PSC Staff Report 2. 2021 JAG MOU 3. 2021 Project Narrative Options Considered: 1. Approve the FY 2021 JAG Grant 2. Reject the FY 2021 JAG Grant MAYOR'S RECOMMENDATION: Option 1. MAYORAPPROVAL:C..e,e;/ rGi`Ah.t L/;"9I qA1 DIRECTOR COMMITTEE RECOMMENDATION: `I move to forward the 2021 JAG Grant award to the October 19, 2021, consent agenda for approval." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of accepting the grant award, and authorize the Mayor to execute acceptance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLEOMEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- I1/2019 RESOLUTION # 35 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 12, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2021 Edward Byrne Memorial Justice Assistance (JAG) Grant Program Financial Impacts: JAG funds support investment in technology and equipment improvements to enhance safety and improve efficiency and services to the Community through the Police Department. Specific projects are described in the attached financial and narrative summary document. Project Award Allocation: $39,550. Background The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. Acceptance of the FY 2021 Edward Byrne Memorial Justice Assistance Grant will ensure that services or projects under this Agreement will be conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a). The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. ul- Memorandum of Understanding FY 2021 Edward Byrne Memorial Justice Assistance Grant June 8, 2021 This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2021 Edward Byrne Memorial Justice Assistance Grant. I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • City of Bellevue • City of Burien • Des Moines • City of Federal Way • City of Kent • King County ® City of Renton • City of SeaTac • City of Seattle ® City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3.7% administrative fee for these services. Page 1 of 3 37 The allocation of funding is as follows: Base Allocation before 3.7% Admin Fee KING COUNTY 240,244 AUBURN CITY 37,236 BELLEVUE CITY 17,935 BURIEN CITY 20,268 DES MOINES CITY 10,768 FEDERAL WAY CITY 41,070 KENT CITY 47,270 RENTON CITY 33,503 SEATAC CITY 13,801 SEATTLE CITY 293,631 TUKWILA CITY 15.401 Minus 3.7% Grant Admin Fee $ 771,127 $ 8,889 1,378 664 750 398 1,520 1,749 1,240 511 rid PROPOSED FINAL ALLOCATION AFTER 3.7% ADMIN FEE 570 17,667 $ 231,355 35,858 17,271 19,518 10,370 39,550 45,521 32,263 13,290 311,298 14,831 771,127 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into MOU Contract with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. Page 2 of 3 38 Memorandum of Understanding FY 2021 Edward Byrne Memorial Justice Assistance Grant Jurisdiction: Signature: Name & Title: Date: _ Must be s pned' Signature Page Mayor, City Administrator or .Executive Page 3 of 3 39 Agency: ',Federal Way; Police Department' Contact Name: Diane Shines Diane.Shines@cityoffederalway.eom Contact Phone: 253-83576854 FY 2021 JAG Purpose Areas Permissible uses of JAG Funds — In general In general, JAG funds awarded to a unit of local government under this FY 2021 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following: • Law enforcement programs • Prosecution and court programs • PrA%iAntinn anr4 Arli iratinn nrnaramc • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams Under the JAG Program, units of local government may use award funds for broadband deployment and adoption activities as they relate to criminal justice activities. BJA areas of emphasis (Please see full descriptions in 2021 Local Solicitation): BJA recognizes that there are significant pressures on local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. As a component of OJP, BJA intends to focus much of its work on the areas of emphasis described below, and encourages each unit of local government recipient of an FY 2021 JAG award to join us in addressing these challenges: • Reducing Gun Violence • National Incident -Based Reporting System (NIBRS) • Officer Safety and Wellness -BorderSecurity •Collaborative Prosecution Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice, juvenile justice, and crime victim services. OJP is committed to: • Improving the quantity and quality of evidence OJP generates 40 • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice Project Name: Project Cost: 1) ScanX Scout Kit Portable X-Ray System 1) $34,305 2) XTK Grid Aim System 2) $4,045 3) SECTOR Equipment - Scanners 3) $1200 Project Description: 1) The Federal Way Police Department (FWPD) Bomb Disposal Unit (BDU) utilizes an x-ray system to x-ray suspicious devices that may be explosive. This system is necessary for every BDU related incident to locate and determine extremely dangerous components. 2) The FWPD BDU would use a Grid Aim System to accurately locate and utilize information to safely disrupt an explosive device. This system is currently necessary as these explosive items become much more complicated. 3) The FWPD utilizes SECTOR, an automated collision and traffic reporting device used by Officers. The purchase of equipment and supplies will ensure peak performance and readiness of SECTOR devices when officers deploy in the field for collision and traffic reporting. Goals, Objectives, and Deliverables - In general, the FY 2021 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. The JAG Local Program is designed to assist units of local government with respect to criminal justice: 1) X-Ray equipment for Bomb Disposal Units has been a necessity for decades. This X-ray system would replace an outdated system used by the FWPD BDU that is no longer able to be serviced or upgraded. The grant funds would be used to acquire this specific X-Ray system used by a majority of BDU squads across the country. 2) The Grid Aim System is a tool utilized by virtually all BDU squads across the country. This equipment has not been unavailable at the FWPD due to budgetary constraints. Adding this system would enhance security and safety to officers and the public by ensuring the FWPD BDU possesses current standard technology. 3) Automated mobile devices have become a common component in collision and traffic citation reporting; deliverables for SECTOR scanners include increased accuracy of real-time traffic related incidents and reporting into regional databases systems. 41 2 Statement of the Problem - Identify the unit of local government's strategy/funding priorities for the FY 2021 JAG funds and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence -based projects. 1) To maintain and improve necessary tools used in the handling of dangerous explosive devices and ensure access to current standard technology in this work. The investments proposed here will improve public safety and officer safety in extremely dangerous situations when responding to situations involving potential explosive devices. 2) It is necessary that equipment and power supplies are available to officers deployed in the field to maintain optimal performance and readiness of SECTOR devices. Project Design and Implementation — Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan; it should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with State and related justice funds: Competing technological priorities, such as implementation of body worn cameras, has strained the annual budget making it difficult to replace or upgrade critical equipment. The Federal Way Police Department continues to explore all opportunities to identify and utilize funds available to purchase needed equipment. Capabilities and Competencies — Describe any additional strategic planning/coordination efforts in which the unit of local government participates with other criminal justice criminal/juvenile justice agencies in the State: N/A Plan for Collecting the Data Required for this Solicitation's Performance Measures — BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and provide the applicant's plan for collection of performance measures that pertain to their proposed program: Record of overtime costs and officer activity reports are maintained. During regular schedule training, BDU officers conduct inspections to ensure equipment is operational and performance outcomes continue to be achieved at the highest level. 42 3 The use of SECTOR devices is monitored by Operations and IT staff for effectiveness and functionality. IT and Operations staff will ensure the SECTOR equipment and supplies are being utilized and maintained appropriately. Applicants must identify between 1 and 5 Project Identifiers that would be associated with proposed project activities. Equipment - General Equipment - General Equipment - General BUDGET: Budget Worksheet: Please use Attached Budget Worksheet Template Budget Narrative: The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in -person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes, but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year. 4 Please indicate the project's compliance with federal grant criteria and briefly explain any affirmative responses. No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft • Luxury items • Real estate • Construction projects, other than penal or correctional institutions • Any similar matters Is there anything in your project that could be interpreted as inconsistent with this requirement? NO. Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the some purpose Is there anything in your project that could be interpreted as inconsistent with this requirement? NO. 44 5 Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: -the federal or state funding agency -the solicitation name/project name -the point of contact information at the applicable funding agency. Please use table below for any pending applications: Federal or State Funding Solicitation Name/Project Name/Phone/E-mail for Agency Name Point of Contact at Funding Agency None Please answer these questions and provide attachments as needed -from page 12 of the solicitation: 1. Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? NO. 2. Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? NO. 3. If yes to either: • Please provide a copy of each law or policy • Please describe each practice • Please explain how the law, policy, or practice complies with 8 U.S.C. § 1373 45 CITY OF �. Federal Way Centered on Opportunity This page was intentionally left blank. 46 SUBJECT: POLICE DEPARTMENT PROPOSING ADDITIONAL PERSONNEL AND RESOURCES POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department be approved to increase staffing, bonus pay for new hires and new police vehicle purchases? COMMITTEE: PRHS&PSC MEETING DATE: Oct. 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Andy J. Hwang, Chief of Police DEPT: Police Department Steve Groom, Finance Director Fin11 ance Attachments: 1, Staff Memo Options Considered: 1. Approve increases in police department staffing, hiring bonus and new vehicle purchases committing ARPA Revenue for the vehicle purchases and funding the remainder from current -year savings. 2. Approve increases in police department staffing, hiring bonus and new vehicle purchases directing staff to add Sales Tax Revenue to the next budget amendment. 3. Do not approve the proposed increases MAYOR'S RECOMMENDATION Option 1° MAYOR APPROVAL: ° . t IRECTOR APPROVAL: Come ttee C uncil Initial a - COMMITTEE RECOMMENDATION: "I move to forward the proposal using Option I to the October 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposal. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 47 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 12, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police; Steve Groom, Finance Director SUBJECT: Police Department Proposing Additional Personnel and Resources Changes in Public Safety The United States is experiencing an increase in gun violence, and the greater Seattle -Tacoma region is caught up in it. Recently in Federal Way we experienced several shootings in a single week. One of my responsibilities as your law enforcement leader is to inform you, the elected policy makers and our residents, why this is happening. Second, you have a right to expect me to recommend strategies to keep our community safe. In Washington State, there were 302 murders in 2020 in comparison to 206 in 2019, an increase of 46%. In King County, there were 102 murders in 2020, and 69 fatal shooting victims, an increase of 27%. In the first six months of 2021, there has been 42 fatal shooting victims, which is up 46% over a four-year average. In Federal Way, we have experienced six murders year to date. Violent crime is on the rise in Washington and in King County. Changes in our public environment compel us to commit more resources to public safety now in order to ensure Federal Way remains a safe place to live, work, shop and play. Significant changes include a rising population, rising violence throughout the region, and reduced offender accountability. As of April 2020 (U.S. Census), City of Federal Way population was 101,030. Based on that figure, our police officer ratio is 1.36 per 1,000 residents. Given the rapid growth of nearly 5,000 people in a single year (96,289 people in 2019), and with other significant developments underway, the rapid growth will continue in the foreseeable future. Major projects such as Light Rail and The Commons will significantly bring more visitors and residents to our downtown area. Less accountability for criminal offenses creates more feelings of immunity among offenders, emboldening their actions to harm others. From thieves to violent offenders, their crimes are becoming increasingly more brazen and frequent. R King County has jurisdiction over felonies and juvenile crimes. With funding reduced at the prosecutor's office, many felonies and crimes by juveniles are simply not prosecuted. Jails are accepting fewer arrestees in the front door; and judges are quicker to release them out the back door. The same is true of our state prisons. Significant policing reforms laws have taken place in Washington State. The most recent policing laws in the state add to this mixture (HB 1054 and HB 1310). More offenders are, literally, getting away with crime. These bills severally restrict police from doing good police work to keep our community safe. One of the impacts to the Federal Way Community is the new state law on police tactics (HB 1054), which changed the requirements for vehicle pursuits by police officers. The restrictions virtually eliminate police pursuits in Washington State. Since its effective date (July 25, 2021), the Federal Way Police Department has recorded 17 criminal escapes. When police emergency lights were activated, the suspects fled and the officers could not legally pursue them. Our former ability to pursue, particularly in the middle of the night, was a deterrent to fleeing in the first place; now criminals are more willing to simply drive away. Stealing a vehicle is often a precursor for committing violent crimes. Apprehending car thieves was a powerful method for preventing violence and apprehending dangerous offenders. Now, however, we cannot legally pursue stolen vehicles. Earlier this year the Washington legislature passed ESB 5476, which essentially de -criminalized possession of dangerous drugs (including heroin, cocaine, meth, fentanyl and so forth). Drug use is more rampant and blatant than ever. Previously, physical arrest initiated a process in which courts could compel treatment. Now, police officers are virtually prohibited from making arrests for drug use or possession. Offenders walk away with a referral card in their pocket, with no obligation to take any corrective action. Fatal overdose is an increasing plague to Washington's communities. Much of gun violence in Federal Way is drug related. Shootings often stem from drug use, drug transactions and drug rips. Drug activity and substance abuse is a primary contributing factor for gun violence and other crimes in our community. The auto theft numbers are significantly increasing in King County: June 805; July 981; August 1,154, and in Federal Way: June 48; July 54; August 66. There are several factors as to why certain crimes are on the increase, but in regards to auto theft, one of the factors is directly correlated to the new state reform laws preventing the police from chasing stolen vehicles. The criminals are figuring out that police will not chase them for stealing a vehicle. Historical Background In October 2006, the population of Federal Way was 86,350. In November 2006, the Federal Way voters passed Proposition #1, the Public and Community Safety Service Improvement 2 49 Package. This resulted in an additional 18 commissioned FTEs (to 136 total) and one additional records specialist FTE. Prop 1 brought the officer ratio to 1.59 officers for each 1,000 residents, an increase from 1.37. In 2006, the department had 15 records specialists for a service population under 87,000. In 2007, the department had an authorized strength of 136 police officers. However, the recession of 2008-2011 severely impacted public funding. In May 2009, the police department stopped filling vacancies. Through gradual attrition the staffing level dropped to 122 police officer positions. To accommodate those reductions, we eliminated some police positions, including the criminal intelligence detective, two pro -act officers (pro -active uniformed officers, rather than re -active officers), traffic officers (from 8 to 3), and records personnel. In 2006, we had 15 records specialists, serving a population under 87,000. During the recession that was reduced to 10. Accordingly, some police services were de -prioritized. Since 2014, Mayor Ferrell and the Council have steadily increased the officer numbers. Our current authorized strength is presently 137. Records remains at 10. The United States census indicated the population in the City of Federal Way was 101,030 as of April 2020. Based on that figure, Federal Way residents enjoy a police officer ratio of 1.36 per 1,000 residents. Given the rapid growth over the past five years, the actual population might exceed 102,000 as of this proposal, which is 1.34 officers per 1,000 residents. Police Chief's Recommendations: Changes in our public environment compel us to commit more resources. Providing the Police Department with additional staffing and resources will enhance public safety in our community, reducing gun violence and other crimes and meet the demands of our growing community. Proposal for 150 Police Officers Federal Way's population and calls for service support an authorized strength of 150 police officers. 150 officers would be 1.49 per thousand, based on last year's population of 101,030. Proposal for 12 Records Specialists Two additional specialists will be required in order to maintain the current level of service to the public. The increased number of sworn officers and the additional expectations of the public mandate that the Records Section keeps pace with its internal staffing. Allocation of 13 Additional Police Officers (137 to 150) We propose deploying the additional 13 commissioned positions in this manner: • 6 officers to patrol, one to each of the six patrol squads 3 50 • 4 officers to form a pro -act unit • 2 officers to Special Operations Unit (SOU) • 1 officer to the Traffic unit Patrol is the first pillar of local public safety. They are on duty, in uniform 24/7/365. Adding six officers to patrol puts more police on the streets in neighborhoods, responding to 911 calls and deterring crime. Pro -act. This unit is made up of officers with different titles and functions. They constantly supplement each other in order to accomplish the various functions. Pro -act is part of the Special Investigations Unit, responsible for gang suppression, highway/downtown patrol, narcotics investigations and drug houses, neighborhood complaints of criminal activity, asset seizure management, adult business monitoring, and prostitution prevention enforcement. We have not had the "pro -act" portion of this unit since 2007. Impacts of this force reduction include: the unit's response time to complaints was reduced, sometimes taking several weeks before a complaint can be evaluated. In addition, the officers do not spend as much time on each complaint. The current reduced size of the unit prohibits it from doing proactive, crime prevention activities, as well as operations like "John" stings. Four more officers restores the unit to a more effective group. SOU (Special Operations Unit): This unit of six police officers was created at the end of 2009 to address increasing violence in and around the Sound Transit Center in the downtown core. A patrol shift (the fourth/"power" shift) was dissolved in order to provide staffing for this unit. SOU was intended to provide bicycle patrol in the downtown core and City parks. They established relationships with business owners and retailers in the area. They work closely with the SafeCity program. The presence of SOU resulted in a significant decrease of crime in the downtown core. However, for the historical reasons mentioned earlier, this team is currently staffed with four officers. In recent years they have become the city's primary response to trespassing complaints throughout the city. Consequently, we've gone without the downtown bicycle patrols this unit was conceived to provide. Adding two officers will restore and enhance that important need for our business community. Traffic officers mitigate speeding complaints, investigate and remove abandoned vehicles, and handle collision investigations. They conduct the ongoing investigations of all fatality collisions. This unit went from eight authorized positions down to three traffic officers currently assigned, plus the unit's lieutenant. The unit also monitors and issues tickets from the photo - enforcement cameras. The most notable impact has been longer response times to collisions. The unit's ability to respond to numerous neighborhood complaints related to traffic has also been impacted. In addition, as each new school year begins there is a visible absence of school zone enforcement. 4 51 We haven't done any commercial vehicle enforcement for years. Adding a traffic officer will mitigate some of these impacts. Records specialists are police employees who process the documentation generated by police officers. They receive court orders and prepare them for service by officers. They enter data, upon which much of our transparency with the community relies. The majority of their work is mandated by statute, state code, and similar rules for law enforcement agencies. Records specialists also research data bases, find information -related clues for officers in the field, and help solve crimes. As such, they are invaluable force multipliers to our crime -fighting mission. Providing the Police Department with additional staffing and resources, will enhance publicsafety in our community, reducing gun violence and other crimes and meet the demands of our growing community. rw 0 Salary + benefits for 13 police officers: $1,275,378. That is $98,106 per officer for the first year ($73,764 B-step salary + $24,342 benefits). All entry-level officers are hired at A -step. We chose a B-step average for this estimate because lateral officers are hired at a step commensurate with their years of law enforcement experience. Salary + benefits for two records specialists; $126,386. That is $45,792 yearly salary plus $17,401 benefits = $63,193 x 2 employees. Equipment & uniforms + BLEA registration for entry officers: $183,000. $13,000 + $3,400 = $16,400 per officer. $131,200 for 8 entry officers + $52,000 for 4 lateral officers. Fairing bonus: $98,000. Our proposed hiring bonus is $20,000 for lateral officers and $2,000 for entry-level officers. Based on our normal hiring rates, we estimate four of the 13 may be laterals ($80,000) and nine will be entry ($18,000). Fully equipped patrol vehicle: $962,000. $74,000 each for 13 vehicles. This includes the vehicle, FWPD markings, installation of police radio and other items, IT equipment, and police equipment. The police department needs 15 more police vehicles (beyond the 13 listed above) to accommodate existing police staff. Most of our comparable agencies have take-home cars. This is an important issue for recruiting and retention. We request those 15 vehicles here. Total cost: $1,110,000. 52 Finance Department Analysis and Recommendation. Finance staff calculates the one-time vehicle and recruitment costs total $2,170,000 and on -going personnel and vehicle replacement expense at $1,660,764 per year (before inflation and other escalators which will be incorporated into 2022-23 budgeting). As mentioned above, jail cost savings due partially to jails accepting fewer arrestees and judicial releases can actually help fund stronger policing in the short term. We can't control others' policy decisions but we can leverage the funding opportunity in our policy response. Funding is largely facilitated in the current budget cycle with: 2021-2022 Jail Cost savings (budgeted in Police Department) 2021-2022 PD Vacancy savings (already in Police Department budget) 2021-2022 Sales Tax Revenue coming in favorable to budget — this will require a council - approved budget amendment For the 2023-24 budget to be sustainable, the on -going staffing and vehicle replacement funding will have to be prioritized at approximately $1.6 million per year which will have to be a priority drawing upon General Fund revenue and against competing expenditures. While forecasting is premature, we do know that our 2021 Sales Tax was forecast particularly cautiously during COVID and actuals are coming in favorably. Current vacancies in 2021 being filled currently indicate that budgetary impact begins in 2022: Funding 2021/2022 Jai I Cost Savi ngs 2022 Payroll Savings Unbudgeted Sales Tax Revenue Next Budget cycle commitment Expenditures Staffing - new Police Officers Staff- Record Specialists Benefits (included) Additional Equipment Recruiting Costs Additional Patrol Cars Expanded Fleet Patrol Cars 2022 2023 2024 1,500,000 123,000 - - 478, 275 478,275 478,275 1,318,657 923,489 2,101, 275 1,796,932 1,401, 764 171,686 1,152, 746 1,275,378 94,790 126,386 126,386 84,800 97,800 48,000 50,000 962,000 - 740,000 370,000 - 2,101, 275 1,796,932 1,401,764 One-time recruiting and vehicle acquisition costs can be absorbed in the current budget cycle, funded from jail cost savings, current -year vacancies, and Sales Tax revenue. ARPA revenue is considered for the capital acquisition of vehicles, but ruled out for now, because of the on -going replacement budgeting. We could, however, pivot to ARPA, but a significant concern is perpetual replacement funding of an expanded fleet in future budgets. Either way, feasibility depends on committing to prioritizing this in 2023-24 and future -year budgets. 6 53 9/29/2021 Q O��CIo Police Departme • Proposing Additional Personnel and Resources City Council Report October 19, 2021 Andy Hwang, Chief of Police Steve Groom, Finance Director Overview •Changes in Public Safety •Historical Staffing Background • Police Chief's Recommendations 54 1 9/29/2021 Changes in Public Safety • The United States is experiencing an increase in gun violence, and the greater Seattle -Tacoma region is caught up in it. Recently in Federal Way we experienced several shootings in a short span of time. • In Washington State, there were 302 murders in 2020 in comparison to 206 in 2019, an increase of 46%. In King County, there were 102 murders in 2020, and 69 fatal shooting victims, an increase of 27%. • In the first six months of 2021, there has been 42 fatal shooting victims in King County, which is up 46%. In Federal Way, we have experienced six murders year to date. Violent crime is on the rise in Washington and in King County. • One of my responsibilities as your law enforcement leader is to inform you, the elected policy makers and our residents, why this is happening. Second, you have a right to expect me to recommend strategies to keep our community safe. Changes in'Public Safety (cont'd) • Changes in our public environment compel us to commit more resources to public safety now in order to ensure Federal Way remains a safe place to live, work, shop and play. Significant changes include a rising population, rising violence throughout the region, and reduced offender accountability. • As of April 2020 (U.S. Census), City of Federal Way population was 101,030. Based on that figure, our police officer ratio is 1.36 per 1,000 residents. There was rapid growth of nearly 5,000 people in a single year (96,289 people in 2019). • With other significant developments underway, the rapid growth will continue in the foreseeable future. Major projects such as Light Rail and The Commons will significantly bring more visitors and residents to our downtown area. 55 9/29/2021 Changes in Public Safety (cont'd) • Less accountability for criminal offenses creates more feelings of immunity among offenders, emboldening their actions to harm others. Crimes are becoming increasingly more brazen and frequent. • King County has jurisdiction over felonies and juvenile crimes. With funding reduced at the prosecutor's office, many felonies and crimes by juveniles are simply not prosecuted. • Jails are accepting fewer arrestees and judges are quicker to release them. The same is true of our state prisons. Changes in Public Safety (contrd) • Significant new policing reform laws in the state add to this mixture (HB 1054 and HB 1310). More offenders are, literally, getting away with crime. These bills have "tied our hands" from doing good police work and now we are starting to see its impacts. • One of the impacts to the community is the new state law on police tactics (HB 1054), which changed the requirements for vehicle pursuits by police officers. The restrictions virtually eliminate police pursuits in Washington State. Since its effective date (July 25, 2021), the Federal Way Police Department has recorded 17 criminal escapes (as of September 15) due to non -pursuit. • When police emergency lights were activated, the suspects fled and the officers could not legally pursue them. Our former ability to pursue, particularly in the middle of the night, was a deterrent to fleeing in the first place; now criminals are more willing to simply drive away. 56 9/29/2021 Changes in Public Safety (cont'd) • Stealing a vehicle is often a precursor for committing violent crimes. Apprehending car thieves was a powerful method for preventing violence and apprehending dangerous offenders. Now, however, we cannot legally pursue stolen vehicles. • Earlier this year the Washington legislature passed ESB 5476, which essentially de -criminalized possession of dangerous drugs (including heroin, cocaine, meth, Fentanyl and so forth). • Drug use is more rampant and blatant than ever. Previously, physical arrest initiated a process in which courts could compel treatment. Now, police officers are virtually prohibited from making arrests for drug use or possession. • Offenders walk away with a referral card in their pocket, with no obligation to take any corrective action. Fatal overdose is an increasing plague to Washington's communities. how Changes in Public Safety (cont'd) • Much of gun violence in Federal Way has nexus to drugs. Shootings often stem from drug use, drug transactions and drug rips. Drug activity is a primary contributing factorfor gun violence and other crimes in our community. • Auto theft numbers are significantly increasing in King County: June 805; July 981; August 1,154. In Federal Way: June 48; July 54; August 66. We are projected to between 80 and 90 auto thefts in September. • There are several factors as to why certain crimes are on the increase, but in regards to auto theft, one of the factors is directly correlated to the new state reform law. It is the offenders belief that they will not be apprehended and held accountable. 57 9/29/2021 '- . FWPD Histo Background • October 2006 the population of Federal Way was 86,350. • FW PD had 15 records specialists and 118 police officers. • November 2006, Proposition #1 (Public and Community Safety Service Improvement Package) added IS police officers (to 136 total) and one additional records specialist. • Prop 1 brought the officer ratio to 1.59 officers per 1,000 residents, an increase from 1.37. • Recession 2008-2011 • May 2009 the police department stopped filling vacancies. Staffing dropped to 122 police officers. • Eliminated criminal intelligence detective, some regular detectives, two pro - act officers, traffic officers (from 8 to 3), and records personnel (15 to 10). • Accordingly, some police services were de -prioritized. • Since 2014 we have steadily increased the officer numbers: • 137 police officers • Records remains at 10 v Police Chief's Recommendation Changes in our public environment compel us to commit more resources. Providing the Police Department with additional staffing and resources will enhance public safety to impact gun violence and other crimes. These enhancements will send a strong message to our community that public safety is a priority and criminal conduct will not be tolerated. Police force of 150 police officers • 13 new positions will give us 1.49 officers per 1,000 residents • 13 police vehicles added to our fleet to accommodate each new position. Police force of 12 records specialists • Two new positions 15 additional police vehicles • Recruiting new -hires, retaining tenured officers. 58 9/29/2021 Deployment Enhancements Deployment of 13 Officers: • 6 patrol officers, one to each squad • 4 pro -act officers • 2 officers to SOU • 1 officer to Traffic Estimated Costs • Salary+ benefits for 13 police officers: $1,275,378 per year • Salary+ benefits for two records specialists: $126,386 per year • Equipment & uniforms+ BLEA registration: $183,000 one-time • Hiring bonuses: $98,000 one-time • 28 equipped patrol vehicles: $2,072,000 initially, $259,000 per year replacement 59 6 9/29/2021 Can We Fund It? Yes we can, but ... ... four questions should be answered ... ... two feasible options emerge Questions to Answer 1. How do we find "extra money?" • No such thing as "extra money' • The formal budget process allocates all our resources to our top priorities • Intermediate course correction obligations must contemplate citywide needs and consider future budget consequences 60 7 9/29/2021 Budget Integrity (A Policy -level Balancing Act) 0 Budget Integrity vs. Course Corrections Our adopted, fully -vetted budget allocates our limited resources to our highest priorities -..ad Questions to Answer 2. Are there any current -year savings? • 2021-2022 estimated jail cost savings $1.5 million $1.0 million in 2021 • $0.5 million in 2022 • Existing vacancies $123,000 (2022 forecast) • Savings decline as openings are filled • Savings will actually fund most of 2022 cost 61 9/29/2021 Questions to Answer 3. Is there any new revenue? • Sales Tax revenue was forecast cautiously due to COVID and has been coming in favorably • Committing $478,000 in projected 2022 Sales Tax Revenue will fill that gap Revenue City of Federal Way -Sales Tax Revenue Received Current Year Actual vs. Budget and Prior Year $20,000,000 — $18,000,000 --- $16,000,000 — - 514,W0,000 $12,000,000 - $10,W0,000 58,00,000 $6,000,000 - --- o Budget cumolaove $4,000,000 ------ — Prior Year outside de $2,Ow,000 - - - Actual cumulative $o ac ec, so pe ltrc� "c Y pa so o° �t5' dyc 62 9 9/29/2021 Questions to Answer 4. How are future years impacted? • Adding vehicles increases annual reserve funding • Adding stojf increases annual budget commitment • Both obligate future revenue— an estimated $1,660,764 per year on -going Two Options • With ARPA (the easier way) • Vehicle costs of $2.1 million (ARPA is already budgeted but not committed or restricted yet) • Sales Tax Revenue would be freed up for now • Without ARPA (the hard way) • Savings (already budgeted) • Sales Tax Revenue (budget amendment) • ARPA remains available for true one-time costs \Establishes trajectory now for future budgets 63 10 9/29/2021 Two Options 1 EOEE WNL ARM EO13-Wlm 1 1— IIJ 1, �.wuv awpv - 44 vuw. ♦mvw 2 30$3-1W mMM ¢013 rtom PM ID3I11w1 ARM a� Finance Director's Recommendation Either way, but with a "master plan" •ARPA — every dollar spoken for *General Fund Budget —every department, every program considered 02023-24 Budget commitment considered 64 11 9/29/2021 Next Steps • Next Budget Amendment • Commit Increased Sales Tax Revenue • Increase expenditures —capital (vehicles), personnel, equipment equal offsetting amount AND •ARPA Master Planning Update Conclusion ✓ Enhancing public safety ✓ Improving recruitment/retention ✓ Anticipating population growth ✓ Considering entire citywide budget ✓ Anticipating future priorities ✓ Spending within our means 65 12 9/29/2021 ror's Recommendatio Option #1 Approve increases in police department staffing, hiring bonus and new vehicle purchases committing ARPA Revenue for the vehicle purchases and funding the remainder from current -year savings. End of Presentation Questions? 66 13 COUNCIL MEETING DATE: October 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: REVISING FWRC 6.35.030 - PEDESTRIAN INTERFERENCE POLICY QUESTION: Should the City of Federal Way revise its Pedestrian Interference code? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: October 12, Council Committee 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Joanna Eide,Assistant Ci Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEN TION: Option 1. MAYOR APPROVAL S I O DIRECTOR APPROVAL: &e, IeIs-Awa co in court mniaimare imr Im a mni. m COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 19, 2021. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (OCTOBER 19, 2021): "1move to forward the proposed ordinance to the November 3, 2021, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 3, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED B P CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED Firm reeding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE# REVISED - 1112019 RESOLUTION 9 67 CITY OF FEDERAL WAY MEMORANDUM DATE: October 4, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor Ryan Call, City Attorney FROM: Joanna Eide, Assistant City Attorney SUBJECT: Ordinance revising the Pedestrian Interference code Financial Impacts: There is no expected direct cost to the City for revising the pedestrian interference section of the Federal Way Revised Code. Background Information: The City of Federal Way is authorized to regulate public property, including city property and parks, public rights -of -way, and all other public property within the city under Article XI, Section 11 of the Washington State Constitution and state law (RCW 35A.11.020). The City's current Pedestrian Interference code section was originally enacted in 1991 under this authority and has been revised multiple times in the years since to keep pace with both the needs of the City and changes to case law. Members of the public have expressed concerns regarding the safe and effective use of public rights -of -way and areas within the right-of-way, such as sidewalks and benches. In response, the City recognizes the need to increase the specificity in the Pedestrian Interference code section to address these public safety and usage concerns within the parameters of current case law, explicitly prohibiting laying or sitting on the sidewalk and to address use of bus benches to ensure they are used as intended and to preserve availability of that use for the general public. All people may use areas within the public right-of-way, including sidewalks, benches, medians, etc., as a person normally would and in a way that doesn't interfere with the use of the public at large. When conduct obstructs traffic, roadways, pedestrian travel, and other lawful uses of these areas, it may be prohibited due to its prevention of the use of others or because it creates hazards and creates risks to public health, safety, and welfare. The risks are not just to passersby, but also the person engaging in the obstructive, hazardous conduct. Current law allows for restrictions on sitting or lying in a jurisdiction so long as they are 68 Rev. 7/ 18 tailored in a way that allows a person experiencing homeless without access to shelter the ability to sleep somewhere within that jurisdiction, avoiding a result of criminalizing being homeless. Tailoring of a restriction on this conduct may include prohibiting sitting or lying in certain areas within a jurisdiction or at certain times of the day. But, a broad restriction on sitting, lying, or camping anywhere within the City would not be constitutional as the 91h Circuit decided in Martin v. Boise. Any restrictions on use must be equally applied to all people, regardless of status, to remain within Constitutional protections for equal application of the law. People experiencing homelessness are considered citizens and afforded the same protections under the law as any other person. Where conduct, by any person, becomes a concern is when it reaches the level where it causes threats to public health, safety, or welfare of the person or members of the public, or interferes with the use and enjoyment by other members of the public. That conduct is the intended target of these proposed amendments to the Pedestrian Interference code. Proposed changes to the section include: - Clarification of existing language for increased organization, so the code operates as intended, and to ensure enforceability. - Additional detail to ensure sidewalks and other areas within the public right-of-way are not obstructed and may be used as intended by the public. - Creating clear exemptions to restrictions for people with disabilities, for those with a permit to engage in activities on streets or sidewalks, etc. 69 Rev. 7/ 18 and ORDINANCE NO. 21- AN ORDINANCE of the City of Federal Way, Washington, relating to pedestrian interference and obstructions within public rights -of -way; amending I+WRC 6.35.030. (Amending Ordinance Nos. 20-887, 15-784, 11-697, 08-576, 05-509, 94-214, and 91-89) WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A RCW; WHEREAS, the City of Federal Way is authorized to regulate public property, including city property and parks, public rights -of -way, and all other public property within the city under Article XI, Section 11 of the Washington State Constitution and RCW 35A.11.020; and WHEREAS, public property and rights -of -way are intended to be used for public purposes, including pedestrian travel, bicycle and vehicular transportation, and other public uses; and WHEREAS, maintaining and preserving the availability of the intended use of public property, such as sidewalks, is part of the foundational services provided to the citizens of the City of Federal Way; and WHEREAS, conduct that obstructs traffic, roadways, and sidewalk areas causes hazards that interfere with and potentially jeopardize the lawful flow and safety of pedestrians, bicyclists, and people in vehicles, impede the ability of people with disabilities to use the sidewalk, and impact the safe and efficient ingress and egress of commercial establishments directly abutting the public sidcwalk arca; and WHEREAS, the City Council hereby finds that the requirements established by this ordinance are in the interest in and necessary for the preservation of the public peace, health, safety, Ordinance No. 21- Page I of 5 Rev 1/21 70 and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are adopted as findings of the City Council. Section 2. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Pedestrian interference — Obstruction of sidewalk areas and roadways. (1) The following definitions apply to this section: (a) "Roadway " has the meaning given that term in RCW 46,04.500 as currently adopted or as it may be amended in the future. (b) "Sidewalk" has the same meaning given that term in FWRC 1.05.020 as currently adopted or as it may be amended in the future. (2) A person is guilty of pedestrian interference if, while in the public right-of-way, he or she intentionally_ (a) oObstructs pedestrian or vehicular traffic by walking, standing, sitting, lying, or placing an object in such a manner that blocks, hinders or impedes, or tends to hinder or impede the free and uninterrupted passage by another person or a vehicle that has the right-of-way causing or likely to cause a pedestrian or vehicle operator to take evasive action to avoid contact; (b) Sits or lies upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk except as otherwise provided by this section; (c) Uses a bench or bus stop in such a manner that unreasonably prevents or interferes with access to it by other members of the public or prevents or impedes pedestrian access around it; or Ordinance No. 21- Page 2 of 5 Rev 1 /21 71 d�eflaitering-Loiters on the roadway or on a median between lanes of travel. lJ� 1111J section shall not a„JplY LV the 1V11Vw111 (alPersons actually engaged in work upon a development or maintenance project, including construction and maintenance workers, surveyors, and flaggers, within any construction or maintenance area indicated by official traffic control devices are exempt from the prohibition on obstructing traffic..-g (b) Any person(s) who, as a result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; (c) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a permit issued under Chapter 4.25 FWRC; (d) A person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a permit issued under Chapter 4.30 FWRC; (e) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation; or (1) Sitting on a chair or bench located on the public sidewalk, which is supplied by the city of Federal Wayor an abutting private property owner. (4) A person violating this section is guilty of a misdemeanor. No person shall be subject t to enforcement under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. If the individual fails to comply, a law enforcement officer may then enforce this section. Ordinance No. 21- Page 3 of 5 Rev 1 /21 72 Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: Ordinance No. 21- CITY OF FEDERAL WAY: JIM FERRELL, MAYOR Page4of5 Rev 1/21 73 STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 5 of 5 Rev 1 /21 74