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Council PKT 09-18-2001 Special/Regular City of Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Mike Park, Mayor Jeanne Burbidge Michael Hellickson Eric Faison Linda Kochmar Mary Gates Dean McColgan CITY MANAGER David H. Moseley Office of the City Clerk September 18, 2001 1. II. III. ( 1. II. III. ""n',"'" '. i. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 18, 2001 (www.cifederal-way._wI) ***** SPECIAL MEETING - 6:00 p.m. CALL MEETING TO ORDER KING COUNTY LIBRARY SYSTEM BRANDING Presentation by Julie Wallace CommunitY Relations Manager for KCLS AD J 0 URNMENT ***** REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. c. d. Certificates of Recogniûon/30th District State Lelrislators Certificates of AppointmentIY outh Commissioners (Incoming) Plaques of Ap¡¡reciationIYouth Commissioners (Outgoing) Certificate of AccointmentlDiyersitv Commissioner (Unexcired Tenn) ProclamationlRace Equalitv Day Proclamation/Constitution Week CitY Manager/Introduction of New Employees City ManagerÆmerging Issues e. f. g. h. over please. . . IV. V. a. b. uø~d. VI. VII. VIll. IX. a. b. x. ~ "11 1" ~( ( CITIZEN COMMENT :¡; PLEASE COMPLETE THE PINK SLIP & P[lE';ENT TO mE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor. please came forward to the podium. odjustthe microphone to proper height, and state your name for the record. PLEASE UMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments thot continue too long, relate negatively to other individuals, or are otherwise inappropriate. r f CONSENT AGENDA (Items listed beiow have been previously reviewed by a Council Omuniltee of three members and brought beforefull Councilfor approval; all items will be enacted by one motiOll; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) I ~ Minutes/September 4 2001 Regular Meeting 2002 Legislative Aeenda & Policv Paper Vallev Com Interlocal A2reementsIPhase II :.--1-_, 1-' - /' f'/. :77'--. ~ U~#~~ / . INTRODUCTIO}("ORDINANCE ~ ~ . Council Bill #283/Park Regulations Code Amendment/Park Expulsion. AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OFFEDERAL WAY, W ASIllNGTON, AMENDING ARTICLE Ill, SECTION 11-55 OF CHAPTER 11 OF TIIE FEDERAL WAY CODE. PARK REGULATIONS (AMENDING ORDINANCE NO. 91-82). c CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION ~ Collective Bargainin2lPursuant to RCW 42. 30.140(4)(a) Potential Litieation/Pursuant to RCW 42.30.110(I)(j)' ;] ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA .. THERE IS A COMPLETE AGENDA PACKET AVAILABLE FOR CITIZEN REVIEW OF THE DETAILED AGENDA ITEMS ON LOBBY TABLE AT ENTRANCE TO COUNCIL CHAMBERS MEETING DATE: September 18, 2001 ITEM# 'JT (v.-) --------------------------------------------- --______H CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: 1:81 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ----------------- ATTACHMENTS: Draft minutes of the regular City Council meeting held on September 4,2001. --------------------------------- ---- SUMMARY/BACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW requirements- ----------------------------------------------------------------------------- -------------------------------- - --- CITY COUNCIL COMMITTEE RECOMMENDATION: nJa -------------------------------------------- PROPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on September 4, 2001"- ~;~~-~~~~~R A;~R~~ AL~---------~ ---------------- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION #-. REVISED - 05/1012001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 4, 2001 - 7:00 p.m. Regular Meeting Minutes ~~ <;)~ ********* I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of7:06 p.m. Councilmemebers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Eric Faison, and Dean McColgan. Mayor Park excused the absence of Councilmember Hellickson. City staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Faison led the flag salute. ill. PRESENTATIONS a. City Manager/Introduction of New Employees City Manager David Moseley announced there were no new employees to introduce. b. City ManagerŒmerging Issues City Manager David Moseley announced there were no emerging issues. Federal Way City Council Regular Meeting Minutes September 4, 2001 - Page 2 IV. CITIZEN COMMENT Allene Mares & Caren Adams, spoke on behalf of the Seattle & King County Department of Public Health introducing themselves to the Council. Howard Herndon. spoke in concern of a recent police activity in his neighborhood. Erick Hall spoke in regards to a watem-ont safety issue on his property. V. CONSENT AGENDA a. b. Minutes/August 7 2001 Regular Meeting -Approved Vouchers -Approved Monthlv Financial Reoort/July 2001-Approved Council Bill #280/City Code Amendment/Chaoter 5/ Enactment Ordinance-Aetroved Ordinance #01-402 Council Bill #281/So 312 St Project Propertv Condemnation! Enactment Ordinance-Approved Ordinance #01-403 Star Lake Drainage Improvements & Water Main Replacement Project! Final Acceotance-Approved 2002 CDBG Use ofFunds-Approved Water Resource Inventory Area 9/Amendment No.1 to Interlocal Agreement-Approved So 320'" St at SR99 Signal & Intersection Improvements Project! Acceptance & Retainage Release -Approved Diversity Commission Aooointment/Unexpired Term-Appointed Anel Mercado Assignment of Enchanted Parks Right-of-Wav Lease-Approved SRI8/SRI61/I-5 Triangle Study Agreement-Approved Commute Trip Reduction (CTR) Interlocal with King Countv-Approved Acceptance 0£2001 Local Law Enforcement Block Grant & Purchasing Authoritv/Resolution-Approved Resolution #01-345 c. d. e. f. g. h. i. j. k. I. m. n. COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER FAISON SECOND. Councilmember Burbidge pulled items (g)/2002 CDBG Use of Funds and (n)/Acceptance of2001 Local Law Enforcement Block Grant & Purchasing Authority/Resolution. Federal Way City Councü Regular Meeting Minutes September 4, 2001 - Page 3 The motion to approve items (a), (b), (c), (d), (e), (f), (h), (i), G), (k), (I), and (m) passed as follows: Burbidge Gates Faison Hellickson yes yes yes absent Kochmar McColgan Park yes yes yes Item (g)/2002 CDBG Use of Funds: Councilmember Burbidge requested a presentation £Tom staff. City Manager David Moseley asked Human Services Manager Ann Guenther to update Council on this item. Ms. Guenther gave a brief outline of the distribution of funds to the various capitol projects ($503,971.), public services ($92,286.), and planning and administration costs ($74,086.), for a total allocation of$670,343. COUNCILMEMBER BURBIDGE MOVED APPROVAL OF CONSENT ITEM (g)/2002 CDBG USE OF FUNDS AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Burbidge Gates Faison Hellickson yes yes yes absent Kochmar McColgan Park yes yes yes Consent Item (n)/Acceptance of 2OO 1 Local Law Enforcement Block Grant & Purchasing Authority/Resolution. Councilmember Burbidge requested a presentation £Tom staff. City Manager David asked Police Chief Anne Kirkpatrick to update Council on this item. Chief Kirkpatrick noted this block grant would go to secure video surveillance equipment to be installed along Pacific Hwy South between S 312th Street and S 336th Street. This technology will enable the Public Safety Department to observe, record, and review individual behavior for analysis of criminal activities, and store data for evidentiary purposes. COUNCILMEMBER BURBIDGE MOVED APPROVAL OF CONSENT ITEM (n)/ACCEPTANCE OF 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT & PURCHASING AUTHORITY; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes September 4, 2001 - Page 4 Burbidge Gates Faison Hellickson yes yes yes absent Kochmar McColgan Park yes yes yes VI. COUNCIL BUSINESS Youth Commission Appointments COUNCILMEMBER BURBIDGE MOVED APPROVAL OF THE FOLLOWING APPOINTMENTS TO THE YOUTH COMMISSION: KELSEY MARTIN, ELISE VAUGHAN, JESSICA CA TO, KIET VU, JENNIFER TAVARES, JEVYN KNIGHT, ALMITA MAGBALOT, AUREA MAGBALOT, LINDSEY NEWPORT; AND FURTHER MOVED THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS AS ALTERNATE COMMISSIONERS: MAGEN LOO, CAITLYN JOHNSON, JOHN TAVARES, AND KA YOMI W ADA; DEPUTY MAYOR KOCHMAR SECOND. The motion passes as follows: Burbidge Gates Faison Hellickson yes yes yes absent Kochmar McColgan Park yes yes yes Mayor Park took a moment to recognize visiting dignitaries from Korea. VII. CITY COUNCIL REPORTS Councilmember Gates announced the September FinanceÆconomic DevelopmentlRegional Affairs Committee would be held October 3rd at 9:00 a.m.; it was rescheduled due to scheduling conflicts. She updated Council on various regional issues, including distributing a written report on Sound Transit. Councilmember Burbidge announced the next ParkslRecreationlHuman Services/Public Safety Committee meeting would be held September lOth at 12:00 noon. She updated Council on her recent attendance at various regional meetings and reminded citizens of upcoming events at the Knutzen Family Theatre. Councilmember Faison had no report. Councilmember McColgan announced the next meeting of the Land UseITransportation Committee would be September 17th at 5:30 p.m. He also thanked the Parks Department Federal Way City Council Regular Meeting Minutes September 4, 2001-Page 5 staff on the outstanding job of field and park maintenance during the recent tournaments held at Celebration Park. Deputy Mayor Kochmar extended her appreciation to staff that contributed to the successful Family Fest event held at Steel Lake Park. She noted her attendance at the grand opening of the new Skate Park; as well as attending various regional meetings. She also noted she would be attending the Federal Way Aquatic Center Board of Directors dinner that will be held on September 29th at 6:00 p.m., this years "Beach Bash" will be a wonderful event that supports local scholarships. Mayor Park also noted the grand opening of the new Skate Park, and extended his thanks to all staff, that were involved in the Family Fest celebration. He announced the next meeting of the City/School District Liaison meeting would be September 6th at 7:30 a.m. VIII. CITY MANAGER REPORT City Manager David Moseley announced Marie Mosely, Deputy Management Services Director would be leaving the city to relocate back to the tri-cities area, from which she is originally ITom. He noted he is sad to see her leave, however wishes her luck in the future. He noted construction on the BPA Trail Phase III has been completed; a ribbon cutting ceremony will soon be scheduled. He noted was pleased to add, citizens have already begun using the new section of the trail. Mr. Moseley reported on the 29 cities that have joined together to renegotiate jail contracts with King County. He the negotiations have gotten off to a slow start due to some cancellations of meetings by the King County Executives Office. City Manager David Moseley further reminded Council for the need for an executive session for the purpose of discussing potential litigation/pursuant to RCW 42.30.110(1)(i), and property acquisition/pursuant to RCW 42.30.110(1)(b); expected duration is one hour. Ix. EXECUTIVE SESSION a. b. Potential LitigationlPursuant to RCW 42. 30.110(1)(i) Propertv AcquisitionIPursuant to RCW 42.30.1101)(b) At 7:48 p.m., Mayor Park announced the Council would be recessing for approximately I hour for the purposes of holding an executive session to discuss potential Federal Way City Council Regular Meeting Minutes September 4, 2001-Page 6 litigation/pursuant to RCW 42.30.110(1)(i), and property acquisition/pursuant to RCW 42.30.110(1)(b). At 8:45 p.m. Assistant City Manager Donna Hanson extended the executive session for an additional hour. At 9:40 p.m. Council returned to Chambers. x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of9:40 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: September 18, 2001 ITEM# ~~) ----.-.-.---.--.------------.---.------------------------.----.--.---.--- -------.--..-------.-.-.-.--.-.-.------...- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2002 Legislative Agenda and Policy Paper CATEGORY: BUDGET IMPACT: [8] CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 ----------.----------.---.-.-----.---------------.---.------------.------.--------.----.--.--- ATTACHMENTS: I) Staff report; 2) draft 2002 Legislative Agenda and Policy Paper. ---------------.-.------.-.--.------.------.--.--.------.--------.---.-...----..... .-...--.-.---.--.-.-.---.-.----.-.-.-.-.-..-.-.-----.------------.--.-.-.-..---------.-.-.--..-...-..- SUMMARYIBACKGROUND: Every year, the city updates its Legislative Agenda and Policy Paper to delete issues resolved in the last legislative session, add new issues for the upcoming session, and shorten/combine sections to keep the document as simple as possible. This year's major additions include public disclosure, tax increment financing, the Lakewood Theme Park, our 2002 Comprehensive Plan update, and transportation. In addition, because the city has made a commitment to federal issues by joining the National League of Cities, staff recommends incorporating some federal ¡"sues. Please see the attached staff report for more detail. --------.--------.---------.------------- CITY COUNCIL COMMITTEE RECOMMENDATION: Incorporate the priority statement definitions from the staff report into the body .of the 2002 Legislative Agenda and Policy Paper, and forward the document to the September 18 City Council meeting for adoption. (Staff will incoporate the definitions and an executive summary into the document during the publication process.) ---.---.-.--.----.-.-. -.-.-----------------------------.-.- ---------------.---------.-----.--------..-. ..-.--.----.-..-.-.-----.-----.-.---------- PROPOSED MOTION: "Move to adopt the attached 2002 Legislative Agenda and Policy Paper." ~~~~:-~~~-':;;';O~~:----~~-------------------------------------- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ISED -- 05/1012001 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: August 22, 2001 Finance / Economic Development / Regional Affairs Committee VIA: FROM: David Mo SUBJECT: er sistant City Manage~J1r-'" 2002 Legislative Agenda and Policy Paper Backwound: Attached is the city's draft 2002 Legislative Agenda and Policy Paper, as revised by staff to delete issues resolved in the last legislative session, add new issues for the upcoming session, and shorten/combine sections to keep the document as simple as possible. This year's major additions include public disclosure, tax increment financing, the Lakewood Theme Park, our 2002 Comprehensive Plan update, and transportation. In addition, because the city has made a commitment to federal issues by joining the National League of Cities, staff recommends incorporating some federal issues. All revisions are shown in strikeout and underline. On the recommendation of lobbyist Doug Levy, who reviewed the draft, this year's document adds a priority to each issue. While the document has historically been an excellent legislative policy paper, priority statements make the document a more effective legislative agenda. An "active" issue is one the city will actively pursue by drafting, introducing, and lobbying bills. (The active items can generally be grouped into six areas; city revenues, economic development, growth management, gambling/liquor, transportation, and telecommunications.) "Monitor/Assist" means the city will track the issue and, if a bill comes forth, lobby it. "Monitor" means the city will simply track the issue and any associated bills. The committee may wish to upgrade or downgrade the priority that staff has assigned to each issue. Once adopted by the City Council, staff will simplify the document further by including a short executive summary of all active issues, which can be used as a handy reference by our legislators and lobbyist. Recommendation: Incorporate the committee's recommended changes and forward the draft 2002 Legislative Agenda and Policy Paper to the September 18 City Council meeting for adoption. APPROVAL OF COMMITTEE REPORT: ;:!11e~ai~ \)-1 City of Federal Way Legislative Agenda and Position Policy Paper 200-1-~ Legislative Session General Policv The City of Federal Way supports state legislative efforts to establish broad, cost-effective policies for local government structure, financing, and service delivery systems; combined with adequate flexibility for local governments to adapt their structures, finances, and service delivery systems to unique local conditions. These efforts must be focused on eliminating duplicate services and preserving local control over service delivery. The City also supports legislation that enhances local flexibility to address issues of local concern. The City opposes legislation which mandates increased local costs or which results in an inappropriate diminution of local authority over local affairs. General Local Government Home Rule The City of Federal Way strongly supports the adoption of a constitutional home rule amendment that would guarantee decision-making authority for local matters at the local level. The City also urges the Legislature to refrain from enacting legislation that adversely impacts the concept of local self-government or restricts the ability of cities and towns to exercise existing power. Priority: Monitor Mandates All leGal ~o"arnmaAts Aa"a been impactea by tAa al¡minGtiaA aAa raauatiaA of "ariaus leaere! aemestic aia pro~rams. CAan~as at tAa state le"al Aa"a aloe alfeetaa leeal ~e"arnmaAt r-e"eAua eptions. equally i"'pertant am tAe are"'ina Aumbar ef maAaatas passaa tra", tAa leaeral aAa stata ae"e,"ments to leGal ae"ernmeAts; manaates tAat aa not Aa"e aaaempaAyina raseurees. Dali"erin~ publia sap'iaas raquires a strang stata leGal partAer<ÒAip, ana lecal re"enue naeas muct ba recoanizaa "'haA Aa'" prearams are anactaa or if tha stata re"enu. system is rectrueturea. As directed by Initiative 62 (RCW 43.135.060), Federal Way strongly urges the Legislature. state aaencies. and courts to cease imposition of additional financial or operating burdens on cities unless such mandates are accompanied by the full financial resources necessarv to accommodate tha cests ef compliance. Priority: Monitor/Assist Amended g/O°...Mli Public Records Cost Recoverv Federal Way firmly supports the right oflhe public to have access to the records and operations of local govemment. The City supports legislation to define the calculation of cost recovery fees for records retrieval from municipal electronic information systems. Priority: Monitor Interlocal Agreements Federal Way supports eliminating the requirement that intertocal agreements be filed with county auditors. Agreements are already recorded with all signatory governments and can be obtained via a public records request. I Priority: Monitor Adopted 9/00 Advisory Boards Federal Way supports clarifying the ability of city council-appointed advisory boards to analyze the impacts of ballot propositions and make recommendations to city councils. Although city councils are allowed to take positions on ballot propositions, the advisory boards upon which they frequently rely for analysis and advice appear to be inadvertently preempted from providing analysis and advice in these matters. Priority: Monitor Adopted 9/99 Public Disclosure Act Amendments Federal Wav supports amendments to the Public Disclosure Act to protect the identities of police personnel bv eliminatina disclosure reauirements for names and addresses. allowina private entities such as credit aaencies to withhold names and addresses without prior consent of the individual. and allowina such individuals to reaister personal vehicles at their piaces of emplovment. 1)-2 Federal Wav supports amendments to the PDA to protect oovernment internet-protocol identification numbers from I disclosure to protect the securitv of computer network svstems. Priority: Monitor/Assist Adopted 9/99, Amended 9/01 Finance and Economic Development State Fiscal Policy {'t-Permanent Motor Vehicle Excise Tax Replacement Federal Way supports a ~funding stream-tied to inflation and population growth - to offset the loss of Motor Vehicle Excise Taxes. Currontly funded pre~rams include sales tax equalization, puglia Health, c,iminal justico, and transit and transpertatien fundin~ fur cities. Priority: Active Amended 9/99, 9/00,JliQ1 Electronic Commerce Federal Way supports legislation to develop a taxation system for electronic commerce that ensures a level playing field for electronic and non-electronic businesses, Priority: Monitor/Assist Adopted 9/99 State Tax Roll BackJ_Expenditure Limitation Efforts Federal Way receives significant support from state-collected, locally-shared revenues. As such, the City opposes legislation that alters state fiscal operations unless they enhance City revenues. Priority: Active Sales Tax Non-Remittance Penalties The City supports allocating sales tax non-remittance penalties to all affected jurisdictions using the same proportional allocation system that is used for distribution of regular sales tax collections. Priority: I MonitorlAssist Adopted 9/99 Criminal Justice Funding Allocations Federal Way supports eliminating the requirement that cities submit a grant application in order to receive General Fund Municipal Criminal Justice Account allocations. The significant reduction in the allocation, caused by Initiative 695, has further reduced the cost-benefit of the application process. In addition, the City supports eliminating the separate allocation to cities that contract fora majority of their law enforcement, as every city must fund law enforcement regardless whether the services are provided in-house or by contract. Priority: Monitor Adopted 9/00 Centinuatien of Gr"nt Programs I Feae,"1 "'BY apposes any erosion in its finaAcin~ sources ana stron~ly encoura~es tHe le~i.latllre to maintain Criminal Justice FIInain~ and atHer ~rant pro~'ams that suppeR lacal pro~'am aparatian. Local Finance Sales Tax Exemption for Parks and Cultural Arts Facilities Construction labor costs for the construction of road, street, and trails projects are currently exempt from state and local option sales taxes. Federal Way supports extending this exemption to all public capital improvement projects. Priority: Monitor/Assist Amended 9/00 Voted Excess levy for Capital Improvement Bonds Municipalities should be authorized to seek voter approval for an excess property tax levy to fund debt service on capital facilities projects. The leuy ceula Be usea fur prejeGts an a pay as you ~e Basis ar fur aeBt sep'iGe an banGs. The louy "'ollid not bo tiod to ono projoct, But cauld bo used to ,oalize any at the prejeGts contained in ~n adopted Capital (facilities pElan or Transportation Improvement Plan. The bonds would be unlimited general obligations of the City-'!!!!l. \later app","al"'auld BoaPDroved by iLsimple majority. Benefits ofthis option include the development of a comprehensive community tax policy to deal with its infrastructure needs using a multi-year business plan approach. Priority: Monitor/Assist Amended 9/01 ~- 3 Voter Registration Maintenance Costs State law presently allows counties to charge cities to maintain voter registration records. This law, passed in 1987, when the counties took over voter registration from the cities, did not include a sunset provision to eliminate the charge when the transition was complete. Furthermore, these charges are not uniform, ranging from $.22 to $1.55 per voter. State law does set a $.30 maximum charge for smaller cities, but does not specify a charge for larger cities. King County collects over $1 million in voter maintenance fees each year, which should more than cover the cost of minor data entry changes. Federal Way supports legislative changes to standardize this charge in a manner that accurately reflects the cost of maintaining voter records. Prioritv: Monitor Business Licenses Federal Wav opposes leaislatlon that would eliminate or impair the abilitv of cities to require business licenses and to collect business license fees. Priority: Monitor/Assist Adopted 9/01 Economic Development Economic Development Funding Sources and Incentives Federal Way supports new funding sources for local economic development, accompanied by significant latitude in the use of funds and incentives, to help cities to meet diverse local economic development needs. Priority: Monitor/Assist Amended 9/00 Tax Increment Financing Tax inoremant financing alle"'s cities te pay for the infrastructure cests related te de"elepmant er ffiGeveJepment projectt by earmarking the tax re"enues attributable to tha increase in tax receipts apor CUFFent receipts in the apportlenmant district. The tax increment "'auld ba dedicated to paying the debt sep'ice on the bends issued. ^lter the bends hape bean retimd, the tax incmment "'auld be distributed in the same manner as other non increment prope"y taxet. The operriding benefit of tax inarement financing districts "'ould be te facilitate ~uality and camprehansi"a da"elopment, and rede"elepment of our community. Federal '^lay thus supports legislation to amend the state centtiMien as necessary to accomplish a tax incrament financing ~Federal Wav supports leaislation to streamline the tax increment financina svstem adopted durina the 2001 session to make it easier for local iurisdictions to independentiv exercise TIF options. Prioritv: Monitor/Assist Amended 9/01 Eauitable Treatment of Job Creation and Job Retention Federal Wav opposes leaislatlon that would Dive economic development preference for new businesses and iob creation when doinD so would create a competitive disadvantaae for existina businesses and iob retention in the same or similar industry. Priority: Active Adopted 9/01 Ecenemic De"elepment Partne....hip6 I Fede",1 \May supperts go"emment partnerships "'ith the pri"ate seater for the purposet of pmmoting ~1IaIi1y go"emmantal sen'ices and economic "ita lily. Personnel and Labor Relations Civil Service Reform Federal Way supports civil service reform for police officers that allows cities to streamline hiring processes, diversify workforces, and recruit, retain, terminate and reward employees. Priority: Monitor/Assist I Police and Fire Arbitration Federal Way supports legislation that would mandate that arbitrators in binding interest arbitration with police and fire personnel consider the following factors in making an award: a) the city's financial ability to meetthe costs ofthe contract, giving due consideration and weight to other competing city services and priorities as determined by the City Council; b) local labor market conditions, c) internal equity with other city employees, and d) efforts by new organizations to move away from traditional methods of compensation in favor of innovative compensation strategies (such as incentive pay). \)-4 The City also supports legislation to amend interest arbitration statutes and mandate final offer arbitration. Priority: I Monitor/Assist Amended 9/00 Limit Liability for Reference Checks The City supports legislation that would provide locai governments with immunity from civil liability for disclosing information about an employee's job performance during a reference check. Priority: Monitor/Assist Prevailing Wage The City of Federal Way supports legislation to clarify that maintenance activities performed by contract, like those performed by regular employees, are exempt from prevailing wage requirements. Current law creates a disincentive for the use of contracting by local government entities. Priority: Monitor/Assist Land Use and Community Development Special Puf/Jose Districts !'}-Assumption of Special Purpose Districts The existence of multiple urban service providers inside urbanized areas is inconsistent with the values of the Growth Management Act, which states that cities are the appropriate providers of urban services in these areas. -The City therefore supports continued legislation to simplify and clarify the circumstances under which a city I may dissoive and assume the functions of a speciai purpose district, and opposes any legislation that diminishes that authority of cities especially within city limits and potentiai annexation areas. Prioritv: Active I Amended 9/99 Capital Facilities Planning bv Special Purpose Districts Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and counties. Priority: Monitor/Assist Growth Manaqement Growth Management Act Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool. However, the Act creates challenges for the state, county and cities. To meet these challenges, the Legislature must continue to monitor the efforts of local agencies, and address any necessary additional refinements to the Act in an effective and timely manner. Such refinements may include clarification olthe role and responsibilities of the state and regional governments in developing policies and capital plans in conformance with locally adopted comprehensive plans, assuring the adequacy of funding sources to provide adequate infrastructure, urban services, housing and employment opportunities within urban growth areas. The Legislature must also act to provide and maintain sufficient time, technical and financiai resources to cities completing growth management planning. Priority: Monitor/Assis! Amended 9/00 Comprehensive Plan, Shoreline, and Critical Areas Updates Federal Wav supports extendinq and coordinatinG the time frames for required updates of Comprehensive Plans Shorelines ManaGement Pians and Critical Areas Ordinances; and providinq state fundinq to Monitor/Assist with the updates. Priority: Active Adopted 9/01 Land Use Decisions and Permitting Federal Way supports legislation that further defines, coordinates, simplifies and streamlines land use decisions and permitting under the GMA as well as under the State Environmental Policy Act and the Shorelines Management Act. Such legislation should balance the benefits of statewide uniformity with the need for local communities to govern themselves. Priority: Monitor/Assist !'}-Housing Targets/Buildable Lands Federal Way supports a thorough legislative review of the process for allocating housing targets to counties and cities, as well as the establishment of objective criteria for allocating housing targets that, at a minimum, include market conditions, density, infrastructure, and water resource availability. Further, Federal Way supports legislation requiring the Office of Financial Management and regional and county planning agencies to V/5 document findings supporting their allocation decisions. Federal Way strongly opposes legislation that breaks GMA twenty-year housing targets into smaller time intervals, i.e., annual targets, as well as legislation that holds cities responsible for housing market perfonnance rather than the content of their comprehensive plans. The City also opposes the imposition of additional reporting requirements under the buildable lands review and evaluation program that are not accompanied by requisite funding. Priority: Active Amended 9/00 Growth Management Hearings Boards Federal Way supports legislation recognizing the need for local flexibility in effectively implementing the GMA and requiring Growth Management Hearings Boards to defer to local decisions, policies and processes implementing the goals of the GMA when these actions are otherwise consistent with the GMA. Prioritv: I Monitor/Assist Boundary Review Boards The City supports elimination of Boundary Review Boards. nese AeA eiected beards ha"e been reRElered I ""salete by Potential ^AAaxatiaA ^raa (P^^) planning Hndar tha GM^Potential Annexation Area (PAA) plan nino under the GMA has rendered these non-elected boards obsoiete. Priority: Monitor/Assist Shorelines Management Act The City supports continued legislation to integrate shoreline management planning into local comprehensive plans and eliminate the requirement for separate shoreline master plans. Separate state-level shoreline use permits should also be eliminated in favor of permits issued by cities in accordance with approved plans. Priority: Monitor/Assist Amended 9/99 ('j-GMA Impact Fees Federal Way supports continued local authority to collect GMA-based impact fees at the time a subdivision is approved or building permit is issued. Priority: Monitor/Assist Adopted 9/99 Technical Amendments to Comprehensive Plans Federal Way supports legislation authorizing GMA-planning cities to adopt technical amendments to their GMA plans and regulations more than once a year. Priority: Monitor/Assist Annexation Law Federal Way supports current state law regarding annexations. The City also supports retention of city authority to review the impacts of an annexation on the overall operation of the City and to make the final determination regarding acceptance of petitions for annexation. The City supports legislation that would reduce boundary adjustment requirements, clarify franchise relationships between trash and garbage haulers, expedite transfer of property tax from the County to the City, and provide direction for land use and permitting functions in newly annexed areas. Priority: Monitor/Assist Building Code Council Jurisdiction Federal Way supports continued State Building Codes Council jurisdiction over the Uniform QHilding Code, PiHmbing Cede, Þ1echaAicai Cede, Fire Cede, buildino-related codes and other state codes now under its jurisdiction. Priority: Monitor/Assist Adopted 9/99 Amended 9/01 Alternative Buildino Codes Federal Way supports leoislation qrantinq the State Buildinq Codes Council the authority to adopt alternatives to the Uniform Buildinq Codes based on technical merit includino modei codes or the International Buiidino Codes. Priority: Active Adopted 9/01 Land Use Dispute Resolution Federal Way supports practical solutions to private property disputes that address specific concerns of property owners, including regulatory reform if necessary. These solutions should not alter the Constitutional definition of takings, place an undue financial burden on taxpayers, or diminish local governments' ability to protect the public health, safety and welfare of their communities. Priority: Monitor t)- 6 Forest Permits The De~artffient of Natoral Ro£OorGes is ~resontly aothorizoa ta issoo Class II ana Cla.s III Foreet Pr"GtiGo Peeffiits, "'hiGh allo'" lowing-wilR~ by ffioniGi~al aolROOtie&-wilRin orbanizoa ",eac Gontainea "'ithin Gity liffiil&-<>r aesi~natea orban ~ro"~h boona",ios. Cla.s I" ~erffiits, ho"'e"or, <10 reqoire ffioniGi~al aothority ra"ie"'. The ~a61 p<a<;tiee of issoin§-lhe&ei>e-it&Aa~o<leG-Gity-§Gver_ts fr.offi pro"iain~ a~~ro~riato Gantmls to goal "'itI+IRe ",.os ion ana soaiffi.ntatian in thoso ~.rffiittoa areas. ^. "'oil, tho oncontrollod logging of ~",Gols within an orban area has precloaoa 10Ga~~n+fJ'<Wi<iiAg cogolati"n. ta hol~ enGUf~F!y-tfaRsitioos iAto a~pro~riate orban ao"elo~ffionh +l>eFefufe.-,Federal Way supports state legislation that requires that all Forest Practice Permits issued within the city limits or within the designated urban growth boundary be subject to the same local government review process now provided in the consideration and issuance of Class IV Forest Practice Permits. Alternatively, cities should be allowed to adopt and enforce land clearing, significant tree protection and related issues for Class II and III forest permits. Priority: Monitor Amended 9101 Social and Human Services Support for Human Services Federal Way supports legislative action that wi Ii maintain support for human service programs including those that may be delegated to the state from the Federal Government. Such legislative action should ensure appropriate local government input into development of block grant dispersal reguiations or procedures and into development of any new processes to assist or support low-income, high-need populations. Priority: Monitor/Assist Affordable Housing Federal Way supports legislation to identify a dedicated capital and ongoing funding source for affordable housing that is acceptable to developers, realtors, and state and local government. Such funding should be integrated into the larger social services system that supports families living in affordable housing. Priority: Monitor/Assist Amended 9/00 Collaboration with School Districts Federal Way supports legislation that provides incentives to cities and school districts to work collaboratively in addressing local youth issues. Such collaboration should go beyond historical roles of each local agency. Priority: I Monitor Local Public Health Contractual Funding Federal Way opposo. 10gislat""'-lRat-+eestabiisho. cantractoal funding arrangements forstronQly supports I continued state fundinQ for public health services.- Priority: Monitor/Assist Amended 9/01 Boards of Public Health Federal Way supports local government representation on County boards of public health. Prioritv: Monitor I Youth Issues Funding of Youth Programs Federal Way supports legislation improving funding to local governments for initiating and expanding youth services, especially programs that achieve reductions in youth violence. Priority: Monitor/Assist I Child Care Federal Way supports budget provisions to enhance the Department of Social and Health Services' (DSHS) ability to enforce its day care licensing requirements, to improve support services for daycare providers, and to ensure the accessibility to child care for all citizens. In addition, the City will carefully monitor legislation clarifying its role in regulating the siting and operation of daycare facilities. Priority: Monitor/Assist I Child Abuse Federal Way supports funding for programs designed to prevent child abuse/neglect. Priority: Monitor/Assist I \)-7 Law and Justice Fundino Issues Drug Seizure Funds Federal Way supports legi.slatioA that enhances the eace "'ith ."'hich cities can apply lor anssupports I maintaining the abllltv 01 cIties to use ~rug seizure lunds In a responsible manner and particularly supports the expansion of the definition of what those funds can be expended upon to include all law enforcement functions. Priority: Monitor/Assist I Amended 9/01 DUI Laws and Cost Recovery The City supports continued legislation to strengthen DUllaws, including legislation to make a third DUI offense a felony. Federal Way also supports legislation to allow recovery of necessary public expenses, including detention costs, which result from incidents involving DUI convictions. Priori tv: Monitor/Assist Amended 9/00 Costs of Incarceration Federal Way supports legislation that would eliminate the current limit of $50 per day that can be assessed as jail costs against a person convicted of a misdemeanor, and instead allow a city to impose a calculated amount representing a city's actual costs of incarcerating the individual. Prioritv: Monitor/Assist Disfrict and Municioal Courts ('}-Local Court Refonn Federal Way supports efforts to achieve greater efficiencies in the state's court systems. However, the City opposes aj any new unfunded responsibilities, b) eliminating local authority to operate municipal courts, or c) eliminating or reducing city oversight of municipal court budgets and personnel. Priority: Monitor/Assist Adopted 9/00 . District and Municipal Court Judges Federal Way supports legislation allowing counties to determine the appropriate number of district court judges within their jurisdictions. The Citv opposes legislation that would mandate the election of municipal court iudees who work less than thirtv-five hours per week. The City also opposes differentiation between full-time and part- time municipal iudges in anv legislation that implements partial or total state funding of municipal iudicial salaries. Prioritv: Monitor/Assist Adopted 9/99, Amended 9/01 Municipal Court Judges The City epposes legislation that "'auls manoate the eleGlien ef municipal CQurt juoges "'he "'ork less than I thirty li"e heuro per "'eek. The City alse eppos_renliation eet"'een full time and port time munieipal judges in any legislation that implements partial or total state funoing of municipal juoieial salaries. ^dopteo 9'99 Municipal Court Commissioners Federal Way supports legislation clarifying that municipal court commissioners have the full authority of municipal court judges, and that state statutes referencing the authority of district court commissioners also refer to municipal court commissioners. The Citv opposes legislation declaring commissioners to be iudicial I officers. Prioritv: Monitor/Assist Adopted 9/99 Amended 9/01 Municipal Court Sessions The City supports legislation that would clarify a municipal court may hold sessions outside of the city limits. Prioritv: Monitor/Assist Adopted 9/00 Court Revenues Federal Way opposes any effort to increase the percentage of district and municipal court revenues that must be remitted to the state without a commensurate increase in citv revenues. Priority: Monitor/Assist Adopted 9/99..Aæended 9/01 0- 8 Probation Liability Federal Way supports legislation that reduces local liability in operating misdemeanor probation or pre-trial release programs. Priority: Monitor/Assist Adopted 9/00 Gamblinq LiQuor Control and Adult Entertainment {'}-Gambling Facility Zoning The City supports legislation confirming local government authority to regulate the siting of gambling establishments and enact moratoriums on the acceptance of applications for gambling establishments. The City also supports legislation allowing the state Gambling Commission to limit the number of licenses it approves for a given geographic area. Prioritv: Active Adopted 9/99 Card Room and Liquor Licenses Application Processes Federal Way strongly supports any legislation that would more directlv involve cities in makes-the commercial I liquor license and house-banked card room license application processes, as weli as makes such processes more accessible to the public, A public hearing process would improve access by the community and would encourage greater input and comment from all interested parties, In addition, license applications should be made available for public inspection and subsequent written comment at the local government level. Prioritv: I Active Amended 9/99,J)LQ1 Liquor Control Board Review and Restructuring The state should conduct a performance evaluation and/or audit of the liquor control board as it relates to its mission of regulating liquor for the sake of our state's communities. The Legislature should restructurelreaffirm Liquor Control Board as mandated by the evaluation and/or audit. Priority: Monitor/Assist Adult Entertainment The City supports model ordinance legislation for adult entertainment consistent with the provisions of Federai Way's adult entertainment ordinanGe "'hichordinance that have been sustained through numerous court I appeals, Priority: Monitor/Assist Adult Retail Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult retail establishments on their communities by adopting strict requirements for location and hours of operation. Secondary impacts have been documented by a number of studies and include increased criminal value, diminished neighborhood character, and downward pressure on property values. Priority: Monitor/Assist Law Enforcement Issues Local Law Enforcement Authority Federal Way opposes legislation and/or other efforts to remove the authority of municipalities to provide local law enforcement services, including special services, regardless ofthe potential for service contracting. The City also opposes actions or legislation that would transfer incarceration responsibilities from the state or county to municipalities without additional funding. Priority: Monitor/Assist I Police Officer Jurisdiction Federal Way supports legislation to allow police officers to enforce the state's laws anywhere in the state. This would reduce the liability for cities with officers who assist with incidents outside the city's borders. As it stands now, jurisdictions must exchange letters giving consent to officers to enforce law outside oftheir jurisdictions. Prioritv: Monitor/Assist Amended 9/99 PllbliG Safety Per...ennel Pri"aGY Federal 'May supports iegislation ta protect the identities of pllblic safety personnel by eliminating pubiiG disGIGsII,e re~u;r.ements fer names ami addresses, alla'..;ng pri"ate antities such as Gredit agenGies to "'ithholo names aAo agor.esses "'itheut prier cans eAt afthe inoi"ioua!, aAo alia,uing such inoi"iouals ta ,egister paFSanal uahicles at their plaGes of emplaymeAt. ^gapted Qt¡¡Q Radar Testimony 0- 9 Federal Way supports legislation allowing for the admission in court of the readings ofspeed measuring devices without the need for additional expert testimony if the device satisfies specific requirements established by the Legislature. Federal Way would also support altemative legislation that would allow the City to impose the cost of witness fees in cases where the infraction is found to have been committed. Priority: Monitor Adopted g/9g Juvenile Issues Parental Accountability Federal Way supports legislation that makes parents more accountable for their juvenile offender children. Priority: Monitor Disposition Standards for Juvenile Offenders Federal Way supports legislation revising the current juvenile disposition standards to provide stronger sanctions for chronic, misdemeanor behavior for juvenile offenders and to permit the court greater discretion to impose detention or some form of secure treatment in cases of juvenile offenders who have prior criminal history. Prioritv: Monitor Emergency Communications Federal Way opposes the creation of an E-311 non-emergency communications system. Rather, efforts should be made to further educate the community about the use of the existing E-911 system and existing 7-digit non- emergency lines. Priority: Monitor Empty Chair Defense Federal Way supports legislative action related to tort reform to clarify that the defendant should not be required to mandatorily join all potential "at fault" entities into litigation, or have to risk losing the ability to apportion fault to the third party(s). Any move to the contrary would inappropriately shift the burden of proof from the plaintiff to the defendant in proving fault. Priority: Monitor Public Works, Parks, and Environment Transportation Issues State and Reaional Transportation Packaaes Federal Way supports an ambitious state-funded transportation packaae for improvements to state hiahwavs. Federal Wav supports reaionallv-funded and -Qoverned transportation packaaes to the extent thev are clearlv supplementary to state packaaes, allow for flexibilitv in the types and modes of proiects contain a QeoQraphicaliv equitable distribution of proiects, and offer meaninQful citv involvement in proiect selection. Priority: Active Adopted 9/01 {'}-Local Transportation Funding _Needs Federal Way supports continued reform of state funding for local transportation proiects. Such reform should Ie include a broad range of funding solutions able to address IfaffiG.<:ongestion, growth. and High Capacity Transit alternatives~. S"S~ referm s~a"ld seek funding SÐ"rCÐS, "'his~ "'ill be dedicated to major local transportation projects,; keep up with inflation,; and provide cities with local option revenue authority for the expansion, maintenance and operation of local transportation systems. Priority: Active Amended 9/01 {'}-Design lI"ild ^"t~arity Fede",1 "'ay S"ppaRS rea"t~ari~atiÐn af t~e design ""ild and senecal cant",ster I censtruGtien manager (GC'C'I) praseo"ras ror major capitai projects, and ""ppert" red"cing t~e pap"latian and prejest "al"a t~re"~elds te 50,000 and $5 million, respesti"ely. 'depte. glOO Public Works Project Definition The City supports defining small public works projects as those costing less than $100,000 and exempting such projects from the state's Public Works Projects definition. The current definition of small public works projects is easily confused and is applied inconsistently across different local jurisdictions. Prioritv: Monitor/Assist I Public Works Trust Fund Q-10 The Public Works Trust Fund (PWTF) benefits many local governments with dependable, long term funding for repair and reconstruction of local public works systems. The Legislature is now required to approve an annual list of projects, but has never deleted a project recommended by the Public Works Board. Federal Way supports continued allocation of funds to the PWTF and supports elimination of the Legislative approval requirement. Expediting the approval process would facilitate the construction of these projects by the summer construction season. Federal Way opposes attempts to divert PWTF funds and other local capital funding sources to projects not selected through the competitive application process. Prioritv: Monitor/Assist Amended 9/99, 9/00 {'}-Bidding Procedures and Limits Federal Way supports continued legislation to streamline state laws and regulations governing the bidding process. giving cities greater flexibility in bidding procedures and limits. This could include further increases in the ceiling for small works roster projects from $200.000 to $1,000,000 to reduce the costly bid process. Prioritv: Monitor/Assist Amended 9/00 T ra n. p" rtati<m-Jmprov..moot-PJa<i Federal "'ay enGoura~es le~islotion te secure state support for City prierity t,"n.portoti"n projects as eutlin",! in Ihe-{;j¡y's 2001 200ê T,"n£portotion I",pro"ement Plan. Amended 9'99, 9'00 Water Resources {'}-Salmon Issues State initiatives related to Endangered Species Act (ESA) implementation should recognize the vast diversity of conditions across the state. All state initiatives and processes related to salmon should include meaningful input from iocal government. ESA is essentially an unfunded mandate. As such. the federal and state governments should provide funding for local governments to meet its requirements. Prioritv: Monitor/Assist Amended 9/00 Water Resource Management Addressing water resource management issues will require increased intergovernmental coordination among local and regional governments and the state. Federal Way supports continued state financial assistance for water supply. wastewater management, groundwater protection, and storm and surface water facilities and programs. These programs are especially Important in complying with state and federal water quality standards (NPDES, National Pollution Discharge Elimination System). The City also supports retention ofthe authority of local water districts to manage their assets. participating in regional planning as appropriate, to provide and protect for the current and future water needs of their customers. Prioritv: Monitor/Assist Flood Damage Reduction Federal Way contains a number of flood prone areas, both developed and undeveloped which require specialized planning. Recent proposed flood damage reduction legislation was flawed, partially due to the fact that is was based on an overall floodway approach. which does not consider all flood prone areas in the state. The City supports comprehensive flood damage prevention planning accomplished at the local level as a partnership among impacted cities, the county. state and affected area interests. Each flood prone area is unique and should be planned for accordingly. Locally developed and adopted flood damage protection plans must seek to establish a balance between the need for appropriately designed growth and the need to reduce further flood damage. Prioritv: Monitor Parks and Open Space Federal Way encourages legislation to secure state support for parks and open space projects as outlined in local plans. This support should include legislation to exempt public park and public cultural arts facility construction from state and local option sales taxes. Prioritv: Monitor/Assis! Amended 9/99 Funding of county-wide recycling programs Federal Way opposes legislative and other efforts to fund countywide solid waste by allowing counties to collect a fee directly from customers of city franchisers. Cities are the appropriate collectors of these fees through city-negotiated solid waste franchise agreements.-.l'riQ[j!y: Monitor/Assist 0-11 Enerav and Telecommunications Telecommunications Federal Way continues to strongly oppose legislation that would preempt local authority over such items as pole attachments, cellular tower siting, cable refranchising, and telecommunications charges. The city supports legislation to grant local governments the right to charge a franchise fee and other fees to wireless providers seeking to locate facilities in rights-of-way. Priority: Monitor/Assist Amended 9/99, 9/00 Utility Facility Relocation Federal Way supports maintaining the requirement that private utilities negotiate right-of-way agreements. bear the cost of relocating their facilities within city rights-of-way, and submit to other city controls on the operation of telecommunications businesses in public rights-of-way. Priority: Monitor/Assist Amended 9/00 Electric Industry Regulation Federal Way supports energy utility regulation based on the fGUGwiAg-principleS'-a}-b that local governments should I retain the authority to manage industry facilities within the public right of way and the authority to tax the utility providers,b}-and €~Iectricity service should be available to customers at prices that are reasonable and affordable, Gj ^ non eGanamis I:>ypass an~ the inappropriate shiftln~ af sosts af the electris system bet"'een ar aman~ _rs "a net canstituta fair an" officient campetition. Cust.mers af cantinuing monapoly son'ise Ghoul" bene~t, at least, net I:>e harms", from choisos ma"e I:>y Gustomers "'ith assess to competiti"e optiens, d) The lon~ torm safety, intogrity, mlial:>ility and quality ef tho I:>ulk olostris syolem an~ retail elestriGit)' ser'ise shaul" not 1:>0 joapar"Ized, e) Censumers shoul~ ba aflor~od a I:>raa" ran~e af sholse in eleclriGiI)' sen'ico and pricin~ apti.ns, f) De"elapment af campetitiue elestricity markets should not un"ermine en"ironmental protecli.n, ener~y efficioncy, resource diuersity an" lechnola~ical innauati.n, an~ g) the pul:>lic shauld maintain a "oice in Ihe induotry's re~ulatory process an" the interests .f customers sh.ul" continue la I:>e I:>alance" with Ihe opportunity fur shareholders to earn faif..FeI<Jms. Priority: Monitor/Assist Amended 9/01 Tax Collections by Out-of-State Providers State law should require out-of-state electricity providers to collect state and local utility taxes on services provided to customers within the State of Washington. Priority: Monitor/Assist Federal Issues Catalo!! and Internet Taxation Federal Wav supports conaresslonal action to allow state and iocal aovernments to collect sales and other applicable taxes from remote cataloa and internet sellers. Past judicial decision and a federal moratorium on internet taxation aive out-of-state retailers an unfair competitive advanta!le over locallv-based businesses. Priority: Monitor/Assist Adopted 9/01 Community Development Block Grant Federal Wav supports full fundina of the Communitv Development Block Grant proaram. In areater Federal Wav CDBG funds support emer!lencv services, public safetv, and communitv-based collaborations. Prioritv: Monitor/Assist Adopted 9/01 COPS & Local Law Enforcement Block Grants Since their inceptions in 1994 and 1996 respectivelv, the COPS arants and Local Law Enforcement Block Grants have been important sources of revenue for the Citv of Federal Wav's public safetv efforts. The COPS Universal Hirina Proaram and COPS MORE proarams provided rouahlv $2.3 million and 28 police officers to Federal Wav's new police department. In addition, the citv has received nearlv $500 000 from LLEBG. Federal Wav supports maintainina federal COPS arants and Local Law Enforcement Block Grants which provide valuable public safetv fundina to cities. Priority: Monitor/Assist Adopted 9/01 Transportation Eauity Acllor the 21 st Century (TEA-21) 0-12 Federal Way supports continuation of the Transportation Equity Act for the 21st Centurv CTEA-21) and efforts to streamline the reQulation of funded proiects. Priority: Monitor/Assist Adopted 9/01 land and Water Conservation Fund Federal Way stronQly supports full fundinQ for the Land and Water Conservation Fund and its stateside component to support the acquisition, construction and repair of recreation and park facilities. Priority: Monitor/Assist Adopted 9/01 Airport Communities Coalition Federal Way seeks support and assistance from its conQressional deleQation in pressinQ for a full and impartial review of Port of Seattle Third Runway proiect-reiated permits by federal reQulatorv aaencies. Priority: Monitor/Assist Adopted 9/01 0-13 MEETING DATE: September 18, 2001 ITEM# :JZT~) -------------------------------------------- - --- -------------------------------------------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Valley Com Interlocal Agreements / Phase II ----------------------- CATEGORY: BUDGET IMPACT: [8J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 -------- ------------------- ATTACHMENTS: I) Staff report; 2) Interlocal agreement between the City and Fire Department; 3) Interlocal Agreement among Valley Com, the Fire Department, and City. ------------------------------------------- - - ------------------------------------- SUMMARYIBACKGROUND: On April 4, 2000, the City Council voted unanimously to approve the first of three interlocal agreements necessary to implement the above arrangements. The first interlocal agreement ("Phase I") among the five owners cities set forth Valley Com's legal status and structure, and gave Federal Way the authority to subcontract with Fire. The two pending interlocal agreements ("Phase II") create that subcontract, and govern the relationship among k City, Fire, and Valley Com. See the attached staff report for more detail. ------------------------------------------------------------- ------------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: That the full City Council authorize the City Manager to sign the two Phase II interlocal agreements implementing the Federal Way Fire Department's use of Valley Com for dispatch services. ---------------------------------------------------------------------- PROPOSED MOTION: "Move to authorize the City Manager to sign the two Phase II interlocal agreements implementing the Federal Way Fire Department's use of Valley Com for dispatch services." ~;;~~~~~~~~:----~------------------------- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # SED - 05/10/2001 5.A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: September 10, 200 I David M~ager Derek Matheson, Assistant City Manag't)Î\/ Valley Com Interlocal Agreements - Phase II Via: From: Subject: Background On July 20, 1999, the City Council voted unanimously to make Federal Way a one-fifth owner of Valley Communications, a dispatch center jointly owned and operated by the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. As part that motion, Council approved an arrangement whereby the City would "subcontract" with the Federal Way Fire Department to allow Fire to access the Valley Com system. This allows the Federal Way community to enjoy the same benefits as those communities with City fire departments - namely access to the Valley Com system, a seat on Valley Com's Operations Board, and a lower "owner rate" per call for service. Fire's transition from its in-house dispatch center to Valley Com is set for February 2002. On April 4, 2000, the City Council voted unanimously to approve the first of three interlocal agreements necessary to implement the above arrangements. The first interlocal agreement ("Phase I") among the five owners cities set forth Valley Com's legal status and structure, and gave Federal Way the authority to subcontract with Fire. The two pending interlocal agreements ("Phase II") are that subcontract, and govern the relationship among the City, Fire, and Valley Com. Agreement Between City and Fire The interlocal agreement between the City and Fire allows Fire to access the Valley Com system pursuant to the Phase I interlocal agreement. In exchange for a $450,0001 cash contribution toward the City's $2.6 million in debt service on Valley Com's new facility, Fire receives the right to use Valley Com's system for at least the bond issue's 20 year length. The interlocal grants Fire a seat on Valley Com's Operations Board (consisting of police and fire chiefs), and gives Fire the right to discuss issues with the City prior to Valley Com Administration Board I $450.000 is approximately 15% of the City's total debt service. It is based upon Fire's 15% of the Federal Way community's total calls for service. A-I Parks, Recreation, Human Services & Public Safety Committee Valley Com Interlocal Agreements - Phase II September 10, 2001 meetings (consisting ofthe owner cities' mayors). Valley Com will directly bill Fire for its services. A2reement Amon2 Valley Com, Fire, and City The interlocal agreement among Valley Com, Fire, and the City governs the day-to-day details of the dispatch relationship. Similar to the subscriber agreement the City had with Valley Com prior to becoming an owner, this agreement outlines Valley Com and Fire's respective rights and responsibilities. The purpose for having the City as a party to the agreement is that the agreement protects the City from liability by creating a direct relationship between Valley Com and Fire, thus allowing each entity recourse against the other without having to file a claim or suit against the City. Committee Recommendation: Motion to recommend the full City Council authorize the City Manager to sign the two aforementioned Phase II interlocal agreements implementing the Federal Way Fire Department's use of Valley Com for dispatch services. A-2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE FEDERAL WAY FIRE DEPARTMENT DRAFT 9j;rjó I FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES FROM VALLEY COMMUNICATIONS THIS INTERLOCAL AGREEMENT ("Agreement") is between the City of Federal Way, a municipal corporation of the State of Washington, (hereinafter "City") and the Federal Way Fire Department, a municipal corporation of the State of Washington, (hereinafter "Department"). WHEREAS, the cities of Auburn, Federal Way, Kent, Renton and Tukwila established Valley Communications Center (hereinafter "Valley Com") pursuant to an interlocal agreement, dated 4/17/00, (hereinafter "Valley Com Interlocal"). Said cities are members of Valley Com, and WHEREAS, the Valley Com Interlocal provides that the City of Federal Way may enter into an interlocal agreement with the Department for the purposes of facilitating Department access to Valley Com fire and emergency medical services (hereinafter "EMS") dispatch via the City's membership in Valley Com, and WHEREAS, City-facilitated fire and EMS dispatch services through Valley Com will reduce the Department's dispatch costs, and WHEREAS, the Department desires to receive fire and EMS dispatch services from Valley Com, and WHEREAS, section seven (7) of the Valley Com Interlocal provides that Valley Com will give preference in hiring Department dispatchers if the Department participates and receives fire and EMS dispatch services from Valley Com. NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, the City and the Department hereby agree as follows: Section 1. Dispatch Services. Pursuant to Section one (1) of the Valley Com Interlocal, the City agrees to facilitate fire and EMS dispatch to the Department through the City's membership in Valley Com. The level of service provided to the Department will be at the same level as that provided Valley Com members' municipal fire departments. Actual dispatching services will be provided through a separate agreement directly between Valley Com and the Department. Interlocal Agreement for Dispatch Service Page 2 Section 2. BiliinQ. Billing procedures will be governed by a separate agreement between Valley Com and the Department, provided the Department will be billed at the rate established for Valley Com members. Section 3. Buy-In Fee. The Department agrees to pay a buy-in fee based upon fifteen percent (15%) of the City's capital costs towards the new facility described in the Valley Com Interlocal Section 14.1, not to exceed $450,000.00. Payment is due in full at the commencement of dispatching services being provided by Valley Com. The parties agree that the Department's buy-in fee shall not be construed as creating any right, title, or interest in favor of the Department to any Valley Com real or personal property unless expressly provided herein. Section 4. Administration Board. The Department understands that the City has the sole authority to exercise a vote on Valley Com's Administration Board pursuant to Section 4 of the Valley Com Interlocal. The City agrees to provide copies of the agenda and meeting summaries of the Administration Board. The parties further agree that the Department will work with the City on Administration Board issues and that the City and the Department may fully and freely discuss any Department issues that require the attention of the Administration Board. Section 5. Operations Board. Pursuant to Sections one (1) and five (5) of the Valley Com Interlocal, the Department administrator or designee shall be a full voting member on the Valley Com Operations Board with the same authority as the chiefs ofthe Auburn, Kent, Renton, and Tukwila municipal fire departments. The Department agrees to coordinate its activities on the Operations Board with the City to the greatest extent possible and to fully advise the City of its activities on the Operations Board. Section 6. Hold Harmless AQreement. Although Valley Com is a separate legal entity, the parties recognize that a claim or lawsuit may also be filed against the City and/or the Department. Therefore: (a) The City shall defend, indemnify and hold harmless the Department and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, loss, cost, expenses, and damages whatsoever, caused by or arising out of the sole negligent act or omission of the City, its officers agents, and employees, or any of them relating to or arising out of actions or omissions required pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Department, the Department reserves the right to participate in said suit at its sole discretion. Interlocal Agreement for Dispatch Service Page 3 (b) The Department shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits,liability, loss, cost, expenses, and damages of any nature whatsoever, caused by or arising out of the sole negligent act or omission of the Department, its officers, agents, and employees, or any of them relating to or arising out of actions or omissions required pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the City reserves the right to participate in said suit at its sole discretion. Section 7. Effective Date. All provisions of this Agreement shall take effect immediately upon execution EXCEPT that the effective date in which Valley Com actually commences to dispatch the Department calls shall be determined by written agreement among Valley Com, the City and the Department. Section 8. Duration of Aqreement. This Agreement shall be effective for 20 years. Thereafter, this Agreement shall extend for five (5) years, and shall automatically renew for additional five (5) year periods thereafter unless terminated. Section 9. Termination. The Department may terminate this Agreement with or without cause provided that it submits written notice by December 31 to the City and to Valley Com of its intention to terminate this Agreement on December 31 of the following year. In the event of termination of this Agreement without cause, the Department's buy-in fee as set forth in Section 3 of this Agreement will not be refunded. The City may terminate this agreement with cause after twenty years provided that it submits written notice to the Department and to Valley Com of its intention to terminate this Agreement on the December 31 occurring three years following the submittal of notice. Section 10. Notices. Any notices required to be given by the City or by the Department shall be delivered to the Parties at the addresses set forth below. Section 11. Filinq of Aqreement. This Agreement shall be filed with the City Clerk of the City, the Department, Valley Com, and the King County Auditor as required by law. Section 12. Aqreement to Arbitrate. Any dispute arising under this Agreement shall be subject only to arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA Rules") then in effect, conducted by one (1) arbitrator either mutually agreed upon or selected in accordance with AAA Rules. The arbitration shall be conducted in King County, Washington, under the jurisdiction of the Seattle office of the American Arbitration Association. The arbitrator shall have authority only to interpret and apply the provisions of this Agreement and shall have no authority to add to, subtract from or otherwise modify the Interlocal Agreement for Dispatch Service Page 4 terms of this Agreement. Any demand for arbitration must be made within ninety (90) days of the event(s) giving rise to the claim that this Agreement has been breached. The parties agree to equally share in the cost of all arbitration services. The arbitrator's decision shall be final and binding, and each party agrees to be bound by the arbitrator's award. Either party may obtain judgment upon the arbitrator's award in the Superior Court of King County, Washington. The prevailing party shall be entitled to recover its reasonable costs, including attorneys' fees, but excluding the cost of arbitration services. The arbitrators shall not be empowered to grant exemplary or punitive damages. Both parties, through their authorized agents, have read and understood the above Agreement, and intend to be bound by it, and the authorized agents of the City and the Department have signed below this - day of , 2000. CITY OF FEDERAL WAY FEDERAL WAY FIRE DEPARTMENT By David H. Moseley, City Manager 33530 1st Way S. P.O. Box 9718 Federal Way, WA 98063-9718 By Allen D. Church, Fire Chief/Administrator 31617 1s1 Ave. S. Federal Way, WA 98003 By direction of the City Council taken By direction of the Board taken Attest: Attest: N. Christine Green, City Clerk Approved as to Form: Approved as to Form: Bob C. Sterbank, City Attorney Department Attorney Interlocal Agreement for Dispatch Service Page 5 1:llntergovlValley ComlFWFDvalleycom010824.doc August 24, 2001 AGREEMENT among DRAFT 1/(((0 l VALLEY COMMUNICA nONS CENTER and FEDERAL WAY FIRE DEPARTMENT and THE CITY OF FEDERAL WAY THIS AGREEMENT among the VALLEY COMMUNICATIONS CENTER ("ValleyCom"), the FEDERAL WAY FIRE DEPARTMENT ("Fire Department") and the CITY OF FEDERAL WAY ("City") supplements and amends the rights and obligations between the City and ValleyCom only as it applies to the ValleyCom Interiocal regarding ValleyCom entered into among the cities of Auburn, Federal Way, Kent, Renton and Tukwila dated on or about April 17,2000. RECITALS WHEREAS, on or about April 17,2000, the cities of Auburn, Federal Way, Kent, Renton and Tukwila entered into an interiocal agreement that added the City as a member of Valley Com, and that amended certain provisions, rights and obligations among the member cities (the "ValleyCom Interiocal"). WHEREAS, the Fire Department is a special purpose district and is a municipal corporation that is an entirely separate and distinct entity from the City. On or about , ~, the Fire Department and the City entered into a separate agreement entitled, "Interiocal Agreement between the City of Federal Way and The Federal Way Fire department for Fire and Emergency Medical Dispatch Services from Valley Communications" (the, "City/Department Interiocal Agreement"), which addresses the rights and obligations between the City and the Fire Department with respect to ValleyCom's services. Section I of the ValleyCom Interiocal addresses the relationship among ValleyCom, the City, and the Fire Department as follows: In addition, the City of Federal Way may enter into an interiocal agreement with the Federal Way Fire Department for the purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in ValleyCom. Upon execution of the interiocal agreement, the City of Federal Way may, at its option and under such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire Department to function, as do the Auburn, Kent, Renton, and Tukwila Fire departments, for the purposes of its representation on the Operations Board and for the purposes of calculating and remitting payment for dispatch services. Page I of7 WHEREAS, Since the enactment of the ValleyCom Interlocal, the City and the Fire Department have entered into separate negotiations regarding the functions, rights and responsibilities of those two entities under the ValleyCom Interlocal. WHEREAS, Pursuant to the request of the City at a meeting held on February 21, 2001, the ValleyCom Administration Board approved by unanimous motion that ValleyCom and the Fire Department should mutually indemnify each other without passing that obligation through to the City via the indemnification provision established in the ValleyCom Interlocal. Additionally, this motion also approved and reaffirmed that the Fire Department would be charged the same rate per fire call that would be charged to other member cities for their fire calls. NOW, THEREFORE, in consideration of the mutual rights and obligations established in this agreement, the parties agree as follows: AGREEMENT !. PROVISION OF SERVICE. ValleyCom will provide fire and emergency medical dispatch services to the City and the Fire Department pursuant to the ValleyCom Interlocal, and the City will also make ValleyCom's services available to the Fire Department pursuant to the terms of the City/Department Interlocal Agreement. ~. CALL FOR SERVICE. For purposes of this Agreement, the definition of a call for service will apply as outlined in Valley Communications Center Standard Operating Procedure #124, as now exists or is hereinafter amended, the current version of which is attached hereto as Exhibit A, and hereby incorporated herein by this reference. J. VALLEY COM RESPONSIBILITIES TO THE FIRE DEPARTMENT. ValleyCom will furnish the following dispatch services to the Fire Department. ;p Receive and accept all emergency, fire, and medical calls from within the boundaries of areas served by the Fire Department. 3.2 Transmit alarms to the Fire Department and dispatch the equipment according to the procedures established by ValleyCom with input from the Fire Department. J3 Maintain radio and support communications with the Fire Department from the time of the initial alarm until conclusion of the emergency and to provide additional assistance as needed with customary support as provided by ValleyCom. J..4 Prepare and forward to the Fire Department each month a printed record of all emergency calls for service received, calls transmitted, and vehicles dispatched. Page 2 of7 1.10 4. 1.5 Record and maintain a record of radio and telephone communications relating to all emergency incidents for 90 days, as required by the ValleyCom Operations Board, unless requested by the Fire Department to retain any particular record for a longer time. ValleyCom shall also make available a copy of the record for the Fire Department at mutually agreeable times should the Fire Department so desire. 1.6 Provide communication services to process requests for support assistance from utilities, medical services, police services, and other services to aid the Fire Department if such assistance should be requested. p Provide telephone lines and call numbers as agreed upon between the parties consistent with Section 4.3 below. 1.8 Pay the cost for telephone line service charges between ValleyCom and any receiver located in the Fire Department's boundaries, except as provided in Section 4.3 below. 1.9 Provide agreed upon services by ValleyCom twenty-four (24) hours per day, seven (7) days per week, during the term ofthis agreement. Provide the Fire Department with a copy of ValleyCom's standard operating procedural rules for dispatching. 3.11 Provide access to ValleyCom's F.C.C. licensed radio system resources, subject to those constraints and restrictions established and imposed by the ValleyCom Operations Board. FIRE DEPARTMENT RESPONSIBILITIES TO V ALLEYCOM. i.1 i.2 4.3 The Fire Department shall provide and maintain written alarm response procedures, on forms acceptable to ValleyCom, designating equipment to be dispatched for all alarms within the City. The Fire Department shall comply with the standard procedural rules for dispatch as may be established from time to time by ValleyCom. The Fire Department will pay any additional costs incurred by VaileyCom for providing equipment or services requested by the Fire Department that solely benefit the Fire Department; provided, however, VaileyCom may at its sole option, elect to pay for the equipment or service. Page 3 of7 4.4 The Fire Department will conform to the standard communications procedures and apparatus numbering configurations as established by Valleycom. Apparatus renumbering will not be concluded without consultation with ValleyCom. 4.5 The Fire Department authorizes the VaileyCom Operations Board the exclusive right to grant new requests to use ValleyCom licensed fire radio frequencies for member or non-member agencies. ~. FEE FOR SERVICES. For the duration of this agreement, the rate for fire calls to be paid by the Fire Department shall be the same rate that the City, as a member city under the ValleyCom Interlocal, would pay for those fire calls, were the City the direct provider of that service. ValleyCom will bill the Fire Department directly for these calls, and the Fire Department will pay within thirty (30) calendar days of the date of VaileyCom's invoice. ValleyCom will have equal rights against both the City and the Fire Department as are provided by the ValleyCom Interlocal for failure to make payment under this section. ~. OTHER PROGRAMS. ValleyCom is currently, and will in the future, consider other programs and services not specifically related to dispatch services described in Section 3. This Agreement does not provide for or otherwise address such additional programs and services. Such additional programs or services shall be subject to further negotiations and agreement of the parties. 2. DISPATCH RECORDS. All records and recordings maintained for calls received from within the Fire Department's boundaries shall not be disclosed to any person without the consent of the Fire Department, unless a valid public disclosure request, subpoena or court order requires ValleyCom to disclose such information, in which case ValleyCom shall immediately notify the Fire Department. 8. INDEMNIFICATION. In its provision of fire and life safety services through the use of ValleyCom's services of providing fire and emergency medical dispatch services to the Fire Department, the Fire Department shall have the same rights to indemnification from ValleyCom as the City would have under the ValleyCom Interlocal. The Fire Department's right of indemnification will be direct as regards VaileyCom and the City will not be included in the indemnification unless the City's direct liability is asserted in the claim. In its provision of services to the Fire Department for the Fire Department's fire and life safety services, ValleyCom shall have the same rights to indemnification from the Fire Department as ValleyCom would have from the City under the ValleyCom Interlocal. ValleyCom's right of indemnification will be direct as regards the Fire Department, and the City will not be included in the indemnification unless the City's direct liability is asserted in the claim. Page 4 of? 2. 10. 11. 12. Except as modified in this section. all other rights and obligations pertaining to indemnification under the ValleyCom Interlocal shall remain in: full force and effect. The provisions of this section shall survive the termination or expiration of this agreement. INSURANCE. The Fire Department shall maintain and cany at all times during the effective period of this Agreement, commercial general liability insurance against any and all claims which may arise from or in connection with the activities related to the performance of this agreement by the Fire Department, its agents, officers, employees or assigns. The Fire Department shall provide ValleyCom with a certificate of insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and property damage. ValleyCom shall be named as an additional insured on the commercial general liability insurance policy, and a copy of the endorsement naming ValleyCom as an additional insured shall be attached to the certificate of insurance. ValleyCom reserves the right to receive a copy of a certified copy of all required insurance policies. Upon request by the Fire Department, ValleyCom will provide the Fire Department a certificate of coverage evidencing liability coverage provided by its self-insured pool. If the Fire Department is self-insured for any of the above insurance requirements, a certificate of self-insurance shall be attached and shall be incorporated by reference and shall constitute compliance with this section. LIMITATION OF AGREEMENT. This agreement is entered into for the benefit of the parties to this agreement only. The agreement is not intended to confer any benefits on any other parties and therefore no other or third party shall be entitled to rely on the terms of this agreement or anticipate receipt of any benefit as a result of the performance of this agreement. OPERATIONAL REVIEW PROCEDURE. It is agreed that representatives of Valleycom and the Fire Department shall meet periodically, if requested by either party, to review operations or procedural matters of the ValleyCom Dispatch Center and/or the Fire Department. E911 PARTICIPATION. 12.l ValleyCom has entered into an agreement dated May I, 1984 with King County, identified as the "KING COUNTY ENHANCED 911 PARTICIPATION AGREEMENT." ("E911 AGREEMENT") ValleyCom is a Primary Public Safety Page 5 of7 13. 14. 15. 16. 17. Answering Point ("PSAP"). The Fire Department and ValleyCom agree to comply with all terms and conditions ofthe E911 AGREEMENT. g2 In the event this agreement is terminated, the party initiating the termination agrees to pay all costs, if any, associated with relocating, modifying or transferring any equipment or services provided by the E911 AGREEMENT (incurred by either ValleyCom or the Fire Department) as the direct result of the termination. All E91l costs to be charged against the parties initiating termination shall be itemized and justified by the other party within six (6) months ofreceipt of the written notice of termination. Where termination is by mutual consent, each party of this agreement shall pay its own resulting costs. VALLEY COM EQUIPMENT. All transmitters, consoles, alerting devices, call receiving equipment, and related facilities located at the ValleyCom Dispatch Center shall be purchased, operated, and maintained by ValleyCom, except as provided in Section 1.3 above, and ValleyCom is deemed the sole owner thereof. FIRE DEPARTMENT EQUIPMENT. All transmitters, consoles, alerting devices, and related facilities located in the Fire Department shall be purchased, operated and maintained by the Fire Department as required by ValleyCom in order to interconnect to ValleyCom except as provided in Section 3, and the Fire Department is deemed the sole owner thereof. RESERVATION OF OPERATIONAL RIGHTS. ValleyCom retains sole authority to determine the technical operation and equipment needs of the ValleyCom systems. This is necessary to insure maintenance of ValleyCom's standards and the highest degree of compatibility and effectiveness among member/user agencies. COORDINATION OF AGREEMENTS. Except as modified by this agreement, all of the rights, obligations, terms and conditions in the ValleyCom lnterlocal will remain in full force and effect. TERMINATION. This agreement shall remain in effect until the City ceases to be a member of Valley Com, until the Fire Department ceases to exist, or until the termination of the City/Department Interlocal Agreement, whichever occurs first, unless amended by mutual written agreement by ValleyCom, the City, and the Fire Department. All parties, through their authorized agents, have read and understood this agreement and intend to be bound by it, and the authorized agents of the City, the Department, and ValleyCom have signed below this - day of ,2001. / / / Page 6 of? CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 1st Way South P.O. Box 9718 Federal Way, WA 98063-9718 By direction of the City Council taken Attest: By: Print Nameffitle: Approved as to Form: Bob C. Sterbank, City Attorney VALLEY COMMUNICA TrONS CENTER By: Mayor Steven M. Mullet ValleyCom Administrative Board Chairperson 23807 - 98th Avenue South Kent, WA 98031 Approved as to Form: By: Tom Brubaker, Of Counsel to ValleyCom 1:\lntergov\ValleyCom\ValleyComFWFD - OIO829.doc FEDERAL WAY FIRE DEPARTMENT By: Allen Church, Fire Chief Federal Way Fire Department 316171" Avenue South Federal Way, WA 98003 By direction of the Board taken Attest: By: Print Nameffitle: Approved as to Form: By: Department Attorney Page 7 of7 VALLEY COMMUNICATIONS CENTER STANDARD OPERATING PROCEDURES CALLS FOR SERV. ~ POLICY NUMBER: 124 1.0 PURPOSE: To define Calls for Service (CFS) for purposes of billing/funding calculations and to provide statistical data to user agencies. 2.0 POLICY: Valley Com will bill Contract Agencies the established rate for each incident determined to be a Call for Service as defined herein. Using the same definitions, Valley Com will calculate each Owner Agency's proportional responsibility when developing the annual budget. 3.0 PROCEDURE: Valley Com defines a Call for Service for workload analysis and billing calculation as any request for service resulting in the dispatch of emergency service personnel, as well as any unit initiated activity that results in creation of a CAD incident and interaction with Valley Com personnel, with the exception of the following: 3.1 3.2 3.3 Any mutual aid incident where another Valley Com Agency within the same classification (police/fire/medic) is dispatched as the primary responding agency. For example, a police department that responds into another police department's jurisdiction to provide assistance does not constitute a CFS. However, an incident involving police, fire and medic units would result in a CFS for all three classifications. In addition, any mutual aid request dispatched to a location outside the Valley Com service area constitutes a CFS unless the agency has a contractual agreement with the communications center making the request. Any mutual aid request for a medic unit received from another communications center with an established contractual relationship with King County Medic One. To alleviate double billing from two communications centers having contractual relationships with KC Medic One, the agency interviewing the reporting party shall be considered the originating communications center. Any incident that is a duplicate of another CFS. Date Revised: 01101102 Date Originated: 04/25/96 Page I of I VALLEY COMMUNICATIONS CENTER STANDARD OPERATING PROCEDURES . P~~ICYNUMBER: 124 3.4 3.5 3.6 3.7 3.8 CALLS FOR SERVICE Any incident that is cancelled by Valley Com personnel due to an error or similar internal reasons. This does not include incidents that are cancelled when the requesting party calls back to cancel the response after the incident has been entered into CAD. Routine traffic stops that do not result in further police activity categorized as a CFS are counted as one half of a CFS. For example, a traffic stop that results in an arrest for a traffic violation or a warrant would then be categorized as officer initiated police activity and counted as a full CFS, but a routine traffic stop that does not result in an arrest is considered one half of a CFS. Any informational broadcast such as an Attempt To Locate (ATL) or Be On The Look Out (BOLO). Also, any informational incident created solely for the purpose of assisting the dispatcher in tracking unit activity. Any E911 Hangup (HANGUP) incident that is associated with another agency, such as a fire department call for service entered as a police hang up call. A request for service that is answered by Valley Com and downloaded to a representative identified by the responsible agency, not requiring dispatch of emergency services personnel is counted as one half of a CFS. This does not apply to fire department incidents handled through the Winter Storm Procedures outlined in SOP #745. Dare Originated: 04/25/96 Date Revised: 01/01/02 Page 2 of2 .~~~ 9/Î ,f/ð I ~/L ~ :JL GP) Cþ DRAFT '9/ÍPjJ / RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,COMMEMORATINGTHE VICTIMS OF THE RECENT TERRORISM ATTACK ON THE UNITED STATES OF AMERICA. WHEREAS, the City Council of the City of Federal Way, Washington, wishes to express its deepest sympathy to all those who lost family and mends in the terrorism attack on September 11,2001; and WHEREAS, the City Council, city staff and citizens of Federal Way, Washington, offer their assistance and condolences to our nation, in light of the thousands of lives lost in this vicious attack on America; and WHEREAS, the City Council hereby resolves to unite with all Americans who strive for ffeedom, justice, peace and security throughout the world, and WHEREAS, the City Council reminds our community that America has faced many crises in the past, and as we prepare to do so again, we must join together to defend ffeedom; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Memorialize. To honor the memory of the thousands of victims lost in these brutal attacks, to comfort those who lost loved ones, and to support the efforts of our nation's leaders to guarantee fteedom, justice, peace and security for the world's citizens and communities. RES # ,PAGEl Section 2. Support. To encourage our community and its leaders to unite in the support of the organizations and persons who are providing the much needed aid to the victims of this deadly and evil attack on the United States of America. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall take effect immediately upon passage by the Federal Way City Council. RESOLVED by the City Council of the City of Federal Way this 18th day of September, 2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC RES # , PAGE 2 . ' APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\resolvictUm of NY .!Wok :- RES # . PAGE 3 MEETING DATE: ~í tf' ~2001 ~ ITEM# ..JLI ~ ~ ~-.~~~~~~-~~~~~~~~.~.._.,~,~~,~~ ~~ ~ ~--~--~-----~..~~~~,.~~, ,.,~.,~._--~,.~,..,~~.,~~,.~,.~,._,~.,.,',.,., .,.,.~~~-~--~-,~~_.~_._..,._-,- ,.,. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE III, SECTION I I-55 OF CHAPTER II OF THE FEDERAL WAY CODE. PARK REGULATIONS CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS ~ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Ordinance ,.~.~-~-_._--,._._--~_.~~-_.~~~-,.~..~_.~.~~.~.,.~.,.~-~._~~~--~_.,-------,.,_.,..,.--. .,., ~.,.~~...~.._-----~--~~-~~,---------~ ~.~.~.~--~_.~.~.,.,.~-~---~--,.., SUMMARY/BACKGROUND: The Parks Director currently has the authority in the Federal Way City Code to expel individuals fonn Parks under Chapter II, Section II-55. It has come to our attention that it will be difficult to enforce the Jotice of expulsion from the Parks Director if a citizen chooses not to abide by the notice. Therefore, in order for the )ulsion order to be enforceable, staff recommends the written notice of expulsion shall be a notice of trespass. The .."tice of trespass would allow the police officers to issue citations for criminal trespass in the event that a citizen refused to abide by the notice. The amendment also provides that the Director may designate another employee(s) to issue the notice of expulsion. The proposed amended language to Section 11-55 of Article III to Chapter II, Park Regulations is shown as underline in the attached ordinance. The draft amendment attached to this memo has been reviewed by the City Attorneys office and by the department of public safety. Parks and Recreation Commission reviewed the proposed ordinance on September 6, and passed a motion recommending approval. ...._"--"""-"._,_."".__._-,,._---_.~._,,~._---~---------------" --,-"----~---------_._-"._",,. .~. .__..~,,--_._~.~-~.~-~~~-~~-~, CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to forward the proposed ordinance, amending Ordinance No. 91-82, Section II-55 of Article III to Chapter II of the Parks Regulations, to the full City Council, with a "do pass" recommendation. PROPOSED MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on OctoberA 2001 ~~;~~:~:~~~:;~~~:~~------~----'-'-------------""------------,----- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~J>3 REVISED - 05/10/2001 5oB PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: TO: FROM: VIA: September 3,2001 Parks,Recreation,Human S~rvi 7iIld Public Safety Council Committee Jennifer Sc~tor ~ David Mos_eJ'{(l'J "..~na r AMENDING PARK REGULATIONS REGARDING EXPULSION FROM PARKS SUBJECT: BACKGROUND The Parks Director cuITently has the authority in the Federal Way City Code to expel individuals fo1111 Parks under Chapter II, Section II-55. It has come to our attention that it will be difficult to enforce the notice of expulsion trom the Parks Director if a citizen chooses not to abide by the notice. Therefore, in order for the expulsion order to be enforceable, staff recommends the written notice of expulsion shall be a notice of trespass. The notice of trespass would allow the police officers to issue citations for criminal trespass in the event that a citizen refused to abide by the notice. The amendment also provides that the Director may designate another employee(s) to issue the notice of expulsion. The proposed amended language to Section II-55 of Article III to Chapter II, Park Regulations is shown as underline in the attached ordinance. The draft amendment attached to this memo has been reviewed by the City Attorneys office and by the police department. PARKS COMMISSION RECOMMENDATION The Commissions will review the proposed amendment at their September 6th meeting. Staff will report the commission recommendation to the committee on September loth. COMMITTEE RECOMMENDATION Motion to forward the proposed ordinance, amending Ordinance No. 91-82, Section 11- 55 of Article III to Chapter II of the Parks Regulations, to the full City Council, with a "do pass" recommendation. APPROVAL BY COMMITTEE: Committee Member B-1 ORDINANCE NO. DRAFT 9'//r/o/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE III, SECTIONII-55 OF CHAPTER 11 OF THE FEDERAL WAY CODE. PARK REGULATIONS (Amending Ordinance No. 91-82,) WHEREAS, the Federal Way City Council recognizes that City Parks are enjoyed and used by many citizens; and WHEREAS, the Parks director currently has the authority in the Federal Way City Code to expel individuals from Parks under Chapter 11, Section 11-55; and WHEREAS, some individuals do not obey the rules of the parks, do not obey the directions of park staff, and do not obey the director's expulsion; and WHEREAS, the Federal Way City Council finds that the enjoyment and safety of the public should be protected; and WHEREAS, the Federal Way City Council finds that in some cases it may be necessary for the law enforcement officers to issue a trespass citation when individuals do not obey the Park Director's expulsion from the City Park; and WHEREAS, the Federal Way City Council finds that it is in the best interest of the citizens to amend Article III, Section 11-55 of Chapter 11 of the Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD# ,PAGEl Section 1. Article III, Section 11-55 of Chapter 11 of the Federal Way City Code is amended as follows: 11-55 Expulsion from parks. (a) In addition to another penalty imposed pursuant to this article, the director or designee may order the expulsion of any person from any park for a period of one to seven days if he or she observes such person: (I) Using abusive or disruptive language or engaging in conduct which disrupts a park facility or program. (2) Directing racially offensive remarks at another person. (3) Using tobacco products in an unauthorized area or facility. (4) Causing injury or risk of injury to another person or persons. (5) Causing damage or risk of damage to city property. (6) Violating any provision of this article. (b) The director or designee may order the expulsion of any persons from any park for a period of seven days to one year if such person: (I) Has been expelled from the park two or more times in any 3O-day period. (2) Caused injury to another person. (3) Sells, possesses or uses illegal drugs or alcohol. (4) Possesses or uses any weapon. (5) Conunits more than one violation of this article in any 3O-day period. (c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known addressc or deliver in person. ORD# , PAGE 2 (d) The director or designee mav forward the written notice of expulsion along with the certified mail receiPt to the Department of Public Safetv. (1) The written notice of expulsion shall be a notice of trespass. (2) Anv person on Citv park propertv, in violation of the written notice of expulsion. will be guiltv of trespass. (3) The notice of trespass and expulsion. will expire on the date indicated in the written notice of expulsion. (e) Any person who enters a park during a period during which he or she has been expelled under subsection (a) or (b) of this section is guilty of violating this article and will be subiect to the enforcement in Section 11-54. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. ORD# , PAGE 3 PASSED by the City Council of the City of Federal Way this ,2001. ATTEST: CITY OF FEDERAL WAY MAYOR, MIKE PARK CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K,IORDlNIChop<ed 1.5 upd.". R"',,,' '/l'IDI ORD# , PAGE 4 day of