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Council PKT 12-16-2003 RegularCity of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Jeanne Burbidge, Mayor Jack Dovey Eric Faison Mary Gates Linda Kochmar Dean McColgan Mike Park CITY MANAGER David H. Moseley Office of the City Clerk December 16, 2003 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 16, 2003 (www. cityoffederalway, com) Public Reception - 6:30 p.m. HONORING OUTGOING COUNCILMEMBER MARY GATES Regular Meeting - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE III. IV. PLEASE PRESENTATIONS Community Center Advisory Group Recognition Introduction of New Employees/City Manager Emerging Issues/City Manager CITIZEN COMMENT COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. Minutes/December 2, 2003 Regular Meeting Legislative Agenda Community Center 2% for Arts Opportunities Over Please... VI. VII. VIII. do ho Cooperative Agreement Among City of Federal Way, King County & Commencement Bay Natural Resource Trustees 2004 Arts Commission Contract for Services Program Third Amendment/SeaTac Mall Police Services Agreement Catholic Community Services After-Hours Voucher/Emergency Assistance Programs Olympic View Playground/Purchase of New Play Equipment PUBLIC HEARING 2003 Local Law Enforcement Block Grant (LLEGB) · Staff Report · Citizen Comment (3-minute limit) CITY COUNCIL BUSINESS New City Hall Final Design & Authorization to Bid CITY COUNCIL REPORTS IX. CITY MANAGER REPORT EXECUTIVE SESSION Review Performance of Public Employee/Pursuant to RCW 42.30.110(1)(g) ADJOURNMENT ** THE COUNCIL MAYADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW--FEDERAL WAY DOCUMENT LIBRARY" CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on December 2, 2003. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: I move approval of the minutes of the City Council regular meeting held on December 2, 2003. CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 2, 2003 - 7:00 p.m. Minutes CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:05 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, and Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar and Mike Park. City Staff present: City Manager David Moseley, City Attorney Pat Richardson and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the flag salute. MOTION BY DEPUTY MAYOR MCCOLGAN TO AMEND THE AGENDA TO ADD DISCUSSION OF WHERE AND WHEN TO HOLD THE 2004 CITY COUNCIL RETREAT, AS ITEM (f) UNDER SECTION VI--CITY COUNCIL BUSINESS; SECOND BY COUNCILMEMBER FAISON. The motion passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes III. PRESENTATIONS ao SPIRIT Award/Month of December Introduction of New Employees/City Manager Emerging Issues/City Manager City Manager Moseley presented this month's SPIRIT Award to John Hutton, the city's Recreation Supervisor--he consistently receives accolades from tournament directors and coaches every year for his assistance in coordinating successful sporting events. Federal Way City Council Regular Meeting Minutes December 2, 2003 - Page 2 of 7 Mr. Moseley had no new employees to introduce nor any emerging issues to report to Council at this time. IV. CITIZEN COMMENT H. David Kaplan - expressed concern as to whether or not the Brittany Lane and North Lake proposed annexation areas meet city code--he also inquired about the possibility of the city enacting one-time assessments for each area to offset expenditures. Tim Hatley - representing owners of the Sports World facility--he reported the owners would like the proposed resolution for the annexation of the Redondo East area deferred at this time due to concerns about the future of their property. Charles Gibson - representative for North Lake area residents--he advised 60% of the residents are in favor of the election method of annexation; he also submitted a letter signed by a number of the residents of the area. Bob Rawlings - President of the West Campus II Homeowners Association--he expressed concerns the city is not aggressively considering a code amendment restricting oversized vehicles in residential areas; he also submitted several letters to and from city staff. Jerry Graham - not opposed, but also is not supportive of the proposed annexation of the North Lake area--he feels the area's current status and services from King County, including police services, are adequate. CONSENT AGENDA mo Minutes/November 18, 2003 Regular Meeting; and November 17, 2003 Special Meeting - (pulled and approved separately) Vouchers - Approved Monthly Financial Report- Approved Council Bill #335/Mid-Biennium Budget Adjustment - Approved Ordinance No. 03-455 Council Bill #336/Impound of Vehicles Code Amendment -Approved Ordinance No. 03-456 2004 Right-of-Way Landscape Maintenance Contract/Authorization to Bid- A, ~roved 14t Ave So & So 312th St Traffic Signal Project/100% Design Approval & Authorization to Bid - Approved 2004 Fee Schedule - Approved Resolution No. 03-406 CEO Magazine Publicity -Approved MOTION BY COUNCILMEMBER PARK TO APPROVE THE CONSENT AGENDA; SECOND BY DEPUTY MAYOR MCCOLGAN. Federal Way City Council Regular Meeting Minutes December 2, 2003 - Page 3 of 7 Deputy Mayor McColgan pulled consent agenda item (a) to correct the minutes of the November 18, 2003 regular meeting. The motion to approve consent agenda items (b), (c), (d), (e), (f), (g), (h) and (i) passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes Consent item (a): Deputy Mayor McColgan noted a correction to the regular meeting minutes of November 18, 2003--page 6 of 11, first paragraph motion--related to site specific request #1 should read as follows: "Councilmember Faison moved to not forward site specific request # 1 for further study". MOTION BY DEPUTY MAYOR MCCOLGAN TO APPROVE THE MINUTES OF THE NOVEMBER 18, 2003 REGULAR MEETING, AS CORRECTED (Clerk's note: outlined above); SECOND BY COUNCILMEMBER KOCHMAR. The motion passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes VI. CITY COUNCIL BUSINESS Annexation Area/Redondo East - (draft Resolution not moved forward) Annexation Area/Brittany Lane Annexation Area/North Lake Rox Burhans, city associate planner, presented the staff briefing on the three proposed annexation areas, as well as answering a wide variety of Council questions. Management Services Director Iwen Wang provided a detailed overview of the net fiscal impact of the three annexation proposals. Community Development Director Kathy McClung provided information on the city's sign code restrictions and potential impacts on businesses in the proposed annexation areas. Also addressed were concerns about the city's current imposed gambling taxes. Parks, Recreation & Cultural Services Director Jenny Schroder briefly reviewed policies on future park acquisitions for the proposed annexation areas. Federal Way City Council Regular Meeting Minutes December 2, 2003 - Page 4 of 7 Following a lengthy discussion on the Redondo East area, the Council consensus was not to go forward with the draft resolution to enter into an agreement with King County for annexation of the Redondo East area at this time. MOTION BY COUNCILMEMBER FAISON TO DIRECT STAFF TO PREPARE A RESOLUTION INITIATING THE REDONDO EAST AREA ANNEXATION BY ELECTION METHOD AFTER ADOPTION OF THE PAA STUDY; SECOND BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes MOTION BY COUNCILMEMBER FAISON TO DIRECT STAFF TO PREPARE A RESOLUTION INITIATING THE SW PARKWAY/BRITTANY LANE AREA ANNEXATION BY ELECTION METHOD AFTER ADOPTION OF THE PAA STUDY; SECOND BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes MOTION BY COUNCILMEMBER FAISON TO DIRECT STAFF TO PREPARE A RESOLUTION INITIATING THE NORTH LAKE AREA ANNEXATION BY ELECTION METHOD AFTER ADOPTION OF THE PAA STUDY; SECOND BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes d. Police/Court Lease Extension Assistant City Manager Derek Matheson provided information on the new city hall occupancy timeline, and detailed why staff is requesting a one-month lease extension for the current police and municipal court facilities. MOTION BY COUNCILMEMBER KOCHMAR TO AUTHORIZE THE CITY MANAGER TO EXTEND THE LEASE FOR THE pOLICE DEPARTMENT AND MUNICIPAL COURT BY ONE MONTH TO JULY 31, 2004; SECOND BY COUNCILMEMBER FAISON. The motion passed as follows: Federal Way City Council Regular Meeting Minutes December 2, 2003 - Page 5 of 7 Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes Settlement Agreement & Covenant Re: Traffic Impacts with Lloyd Development Company Assistant City Attorney Karen Jorgensen briefed Councilmembers on the proposed amendment to the draft settlement agreement with Lloyd Development Company found on page 6, paragraph 2--Additional Truck Trip Mitigation; attached hereto as Exhibit "A'. MOTION BY COUNCILMEMBER FAISON TO APPROVE THE SETTLEMENT AGREEMENT BETWEEN LANDLLOYD AND THE CITY, AS AMENDED IN SECTION 2, AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT CONTINGENT UPON STAFF'S REVIEW, ANALYSIS AND APPROVAL OF THE BASELINE DOCUMENTATION; SECOND BY COUNCIL- MEMBER GATES. The motion passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes f. City Council Retreat -- added item A lengthy discussion ensued pertaining to the date and location of the upcoming annual Council retreat. Councilmembers expressed their reasons for wanting to hold the retreat locally vs. going out of town--several preferred alternating locations for future retreats. Several members felt it is important to schedule the retreat in November or earlier to simplify finding a location and facilitator for future years. They discussed the merits of alternating full vs. mini-session retreats. The suggestion was also made to add a section to the Council Rules of Procedure to set out the retreat schedule to eliminate future scheduling confusion. MOTION BY DEPUTY MAYOR MCCOLGAN TO HOLD THE RETREAT IN TOWN AND USE OUR LOCAL FACILITIES; SECOND BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge yes Faison yes Gates yes Dovey yes Kochmar yes McColgan yes Park yes Federal Way City Council Regular Meeting Minutes December 2, 2003 - Page 6 of 7 Council then discussed and established the preferred date for the upcoming retreat would be January 16 and 17, 2004. If staff is unable to reserve a local facility (preferably Dumas Bay), and to arrange for a facilitator for those two days, alternate dates discussed were mid-week days during the fourth week of January, or February 13 and 14, 2004. Assistant City Manager Donna Hanson will immediately commence a search for an available location and facilitator--Council will be contacted and advised of her findings as soon as possible. VII. CITY COUNCIL REPORTS Councilmember Gates reported on transportation grant monies received for our area; she also provided her monthly verbal and written progress update on Sound Transit projects, including the city's transit center project--reflecting the major work elements/milestones. Councilmember Kochmar reported on the Regional Water Quality Committee; she also provided an update on the ACC and the Intercity Policy Board. She announced the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for December 8th, at 4 p.m. Councilmember Park announced the next regularly scheduled meeting of the Finance/Economic Development/Regional Affairs Committee on December 23rd has been canceled. Councilmember Dovey had no report. Councilmember Faison announced the Land Use/Transportation Committee will be meeting on December 15th, at 5'.30; discussion will focus on an update for the downtown footprint of buildings--he encouraged Councilmembers and citizens to attend. Deputy Mayor McColgan announced the U. S. Open swim meet will be held at the Aquatic Center this weekend. He also announced the next meeting of the Lodging Tax Advisory Committee will be held on December 12th, at 8:00 a.m. Mayor Burbidge reported she will be attending the Regional Policy Committee meeting tomorrow. She reminded everyone of the upcoming annual Christmas tree lighting on Saturday, December 6th, 4:00 p.m., at the SeaTac Mall (now known as "The Commons at Federal Way"). She also mentioned upcoming local performing arts events being held during the holiday season. VIII. CITY MANAGER REPORT City Manager Moseley advised the architect has filed the building permit application for the first floor of the new city hall facility, and plans to file the second floor permit application later this week or next week. Federal }Fay City Council Regular Meeting Minutes December 2, 2003 - Page 7 of 7 He mentioned there are regional appointment opportunities available to interested Councilmembers, adding that staff has prepared and distributed a matrix of available positions this evening--if interested in serving on any of the regional committees, please notify Mayor Burbidge as soon as possible. As mentioned earlier by Deputy Mayor McColgan, the city is initiating a process to review its cable franchise with Comcast, and is seeking community input through the means of a public hearing scheduled for Wednesday, December 10, 2003, at 7:00 p.m., in Council Chambers. The hearing will provide citizens an opportunity to express their current and future needs regarding the city's cable franchise. As previously announced by Mayor Burbidge, the city's annual Christmas tree lighting ceremony will be held this coming Saturday. Public Works staff are currently installing holiday lights along major city streets for the season. Mr. Moseley advised no executive session is requested this evening. IX. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at the hour of 9:40 p.m. N. Christine Green, CMC City Clerk o Additional Truck Trip Mitigation. The Property Owner/applicant shall be required to construct improvements to 5th Avenue from the project entrance south to Porter Way necessary to accommodate truck traffic projected to be generated by the project at such time as (1) the cumulative truck traffic generated by the master plan is projected to. exceed the "Year 2003 baseline truck traffic" by 10% (or 10 round-trips) or (2) at such time as the .City of Milton agrees to lift the current load restriction, whichever comeS first. "Year 2003 baseline truck traffic" is 100.03 round-trip truck trips per month generated by the Property Owner's/applicant's current use on the property as shown in Exhibit E (spreadsheet) and Exhibit F (documentation for baseline). Under no circumstances shall a certificate of occupancy be issued for any phase of the master plan that generates truck trips in excess of the 10% stated above until the improvements to 5th Avenue are completed and approved by the City of Milton and the City of Milton lifts the current load restriction CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Legislative Agenda and Policies CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER Amount Budgeted: $0.00 Expenditure Amt.: $0.00 Contingency Req'd: $0.00 ATTACHMENTS: FEDRAC memo and draft 2004 Legislative Agenda and Policies SUMMARY/BACKGROUND: See attached FEDRAC memo. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the draft 2004 Legislative Agenda and Policies to the December 16, 2003 City Council consent agenda for adoption. PROPOSED MOTION: "I move to adopt the attached draft 2004 Legislative Agenda and Policies." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 25, 2003 Finance, Economic Development and Regional Affairs Committee David Moselev~T~~ D k ' h °n. ASs~istantCit ere Mat eson, ssis an City Manager"~ ~ Doug Levy, Government Affairs Consultant "' 2004 Legislative Agenda and Policies Background: Attached is the draft 2004 Legislative Agenda and Policies as revised by staff from last year's version. Revisions fall into three categories: updates to reflect new conditions, especially legislation adopted in 2003; new issues; and reprioritizations from active issues to support issues or vice versa. All changes are highlighted below. The staff presentation will provide detail on the most significant of the changes and respond to Council members' questions. The document's second page helps explain the layout, and the index shows each issue's history from year to year. Updates: · Financing issues - Avoid unfunded and inadequately funded mandates - page 3 · Financing issues - Guard against tax-relief and tax-exemption measures that erode local government revenues - page 3 · Financing issues - Ongoing revenue / local government financing - page 3 · Transportation - Additional funding needs (Transportation Improvement Board) - page 4 · Transportation - Regional Transportation Investment District - page 4 · Financing issues - Unincorporated area utility tax - page 6 · Criminal justice - Additional flexibility for municipal court services - page 7 · Growth Management Act - Annexation authority for cities - page 9 · GMA - Housing issues involving buildable lands and housing targets - page 9 · Gambling establishment zoning - page 10 · Parks - Real Estate Excise Tax - page 10 · Home rule - Statewide repeal of local option taxes/fees - page 13 New items: · Capital budget needs - 2004 session project list - page 4 · Stormwater - Oppose onerous phase II stormwater permit requirements - page 5 · Financing issues - Sales tax streamlining - page 6 · Transportation - Local option funding needs for cities - page 7 · Transportation - Transportation Permitting Efficiency and Accountability Committee - page 7 · Financing issues - Lodging Tax Advisory Committee authority - page 7 · Criminal justice - Assess convicted domestic violence offenders - page 8 · Criminal justice - DV perpetrated by police officers - page 8 · Criminal justice - Allow repeat lewd conduct offenders to be prosecuted as felons - page 8 · Criminal justice - Requiring all criminal interrogations to be videotaped - page 8 l · Efficiency measures - page 8 · Growth Management Act - GMA 2004 work group - page 9 · GMA - Permit processing requirements - page 10 · GMA - Condominium liability - page 10 · GMA - Planning and Environmental Review Fund - page 10 · Liability reform- page I0 · Parks - Conservation futures levies - page 11 · Rights-of-way- Qwest - page 11 · Workers compensation - page 11 Reprioritizations: · Moved stormwater from support to active with new conditions · Moved unincorporated area utility tax from active to support with new conditions · Moved tax increment financing from active to support with updated background information Recommendation: Incorporate the committee's recommended changes and forward the draft 2004 Legislative Agenda and Policies to the December 16, 2003, City Council consent agenda for adoption. ' I[~ommittee Cl~air~"/~ .~-". :.. C or(-maitt~//M e mb er - ' e CITY OF FEDERAL WAY 2004 LEGISLATIVE AGENDA AND LEGISLATIVE POLICIES FEDERAL WAY CITY COUNCIL Jeanne Burbidge, Mayor Dean McColgan, Deputy Mayor Jack Dovey Eric Faison Mary Gates Linda Kochmar Michael Park FEDERAL WAY CITY ADMINISTRATION David Moseley, City Manager Donna Hanson, Assistant City Manager Derek Matheson, Assistant City Manager (Legislative Relations) City of Federal Way 2004 Legislative Agenda About this Document The City of Federal Way's 2004 Legislative Agenda and Legislative Policy Document is organized as follows: The Legislative A,qenda reflects the City's position on matters that are expected to arise either as legislation or in the state budget process, or both. Each major area of the Legislative Agenda first lists local government financing, tax/revenue, and transportation issues, with remaining issues categorized in alphabetical order. The 2004 Agenda helps note the City's level of involvement in an issue by listing it as: "Active" - meaning the City, as an individual entity, plans to actively involve itself in advocating for or against a given legislative/budget provision; "Support' - meaning the City has a great deal of interest in a given legislative/budget provision, but is more likely to support an advocacy effort than to lead it; The Federal Issues portion of this document reflects the City's position and interest on several issues that directly impact local government funding and capacity to provide general services, maintain adequate tax revenues, address transportation, deal with core services, such as law enforcement and parks, and do its part on the critical issue of homeland defense. The Leqislative Policies and Statements of Principles guide the City's approach to legislative advocacy and positions and reflect the City's principles in terms of interaction between state and local governments. These policies and principles are meant to serve the City in its approach to legislative issues, not just in a given year, but over time as well. However, in any legislative cycle, the City may have both overarching policies and principles on an issue as well as specific positions on a legislative initiative, funding effort, or bill(s). · The Index denotes the year that specific policy positions and legislative items were adopted, amended, and updated, and their location in this document. I Cit¥ of Federal Way 2004 Le.qislative Agenda Active Items for 2004 Financing Issues Avoid Unfunded and Inadequately Funded Mandates In keeping with its policy of vocally opposing mandates that are unfunded or inadequately funded, the City of Federal Way will actively oppose bills and budget initiatives that contain unfunded mandates. Being mindful of Initiatives 62 and 601, the economic hard times that have stricken our state, and the continuing fallout from "9/11 ," legislators, state agencies, and courts should refrain from imposing new mandates on local governments without the necessary funding to go with them. Federal Way strongly urges legislators to refrain from imposing unfunded mandates, to ask if pending bills and budget matters contain unfunded mandates, and to seek full funding for local governments if mandates are considered a necessity for policy reasons. Specific "unfunded mandate" items the City will be prepared to oppose, absent necessary funding, include Growth Management Act (CMA) measures involving permitting, and "buildable lands" inventories, etc. which impose new responsibilities on local government. · Guard Against Tax-relief and Tax-exemption Measures That Erode Local Government Revenues Despite the budget pressures facing our state, the 2003 Legislature received scores of requests for new tax relief or tax exemptions, as advocates of tax exemptions on business and property tax relief, etc., brought their cases to Olympia. The Legislature is to be commended for showing restraint in the areas of tax relief and tax exemption. The City of Federal Way urges the Legislature to avoid worsening the budget and fiscal landscape for local governments by passing ill-advised measures that erode local revenues through tax exemptions or tax relief. Specific local revenue erosion measures the City is prepared to oppose include: *Any initiative from the State Gambling Commission to dilute or eliminate local gambling tax authority and revenue in favor of a state gambling tax. (NOTE: The Gambling Commission has listed this as a possible study item heading into 2004, but has made no firm decision to pursue it). Ongoing Revenue/Local Government Financinq In response to a $2.6 billion state shortfall, the 2003 Legislature enacted a 2003-05 Operating Budget that dramatically reduced the post-Initiative 695 backfill funding appropriated to assist impacted cities and counties for 2003. The final budget document contained $3.5 million for the hardest-hit cities in the state and $3 million for the hardest-hit counties. The City of Federal Way was not among cities receiving the collective $6.5 million. Federal Way has already foregone the yearly $300,000 provided by the old sales tax equalization program. Additionally, the City has dealt with property tax revenue decreases brought on by voter-approved Initiative 747, used banked property taxing capacity to address law enforcement needs, and worked to move police personnel away from desks and onto streets during a post-9/11 era when citizens are demanding more safety and security. The City does not believe that local governments should have to address these issues alone and strongly believes the State of Washington has a long-term policy obligation to assist and partner with its cities Federal Way urges lawmakers to discuss new revenue needs for cities and counties in the 2004 Session. The City will work closely with city and county associations and individual jurisdictions advocating this issue. Specific local financing and funding efforts the City will be supportive of include: *Providing cities with a share of the $404 million in one-time federal funds the State of Washington received through Congressional approval last May of the "Jobs Growth and Tax Act of 2003." *Efforts to secure a permanent funding source for public health *Efforts to maintain critical health and human services "safety net" funding Transportation Additional Fundinq Needs - Particularly Local Funding Programs such as TIB Last April, the 2003 State Legislature enacted a 10-year, $4.2 billion "Nickel Package" transportation investment plan. The "Nickel Package," which took effect in July, was financed by a 5-cent increase in the gasoline tax, a 15% truck weight fee increase, and a 0.3% sales tax surcharge on the sale of new and used automobiles. While the package was deeply appreciated by Federal Way and other cities, and included more than $100 million in investment on state corridors in and around the City, it was widely acknowledged as only a first step. Additional investment in the state's congested transportation system will still be needed, and it should be noted that the Nickel Package included no direct funding for local governments and very little new funding for local programs that assist cities and counties in implementing transportation improvements. During the 2004 session, Federal Way will actively support initiatives to augment local transportation funding, particularly any efforts to add funding for the Transportation Improvement Board (TIB). TIB has been an excellent funding partner for local governments, operates with Iow overhead, and has addressed operational inefficiencies and financing "over- obligation" problems from previous years. Regional Transportation Investment District (RTID) In 2003, the Legislature passed statutory revisions that allowed the Central Puget Sound "Regional Transportation Investment District" (RTID) to further bond against regional transportation investments. However, in order to fully support the bonding levels contemplated in the current RTID project list, additional enhancements to RTID's bonding authority will be needed. Additionally, within the RTID, and particularly within parts of King County, there are philosophical disagreements regarding projects that should be included in an RTID ballot measure. Certain officials in Seattle prefer a broader project eligibility in the RTID statute, enabling the RTID to propose funding for light rail to Northgate. Other officials, particularly in East King County, are adamant that Sound Transit is the proper place for light rail investments, as the RTID is better suited for investment in state highway corridors and limited local and transit funding needs. In cooperation with county agencies, Federal Way will actively pursue a 2004 legislative initiative to enhance bonding authority for the RTID. Capital Budget Needs 2004 Session Project List In response to its area state legislators, Federal Way has stepped up efforts to obtain funding for needed infrastructure improvements, particularly with respect to parks and recreation, through the state's biennial Capital Budget process. Working with its 30th District legislative delegation in 2003, the City succeeded in obtaining $250,000 for the Hylebos State Park and $106,000 for Historical Cabins Park. In 2004, Federal Way will actively seek additional Capital Budget funding on a number of projects, including a request for $1.425 million in "line item" funding in the 2004 Supplemental Capital Budget. Detail of these projects are provided in the chart below. Because most of the Capital Budget requests can be pursued via programs such as the Washington Wildlife & Recreation Program (WWRP) already funded in the 2003-05 Capital Budget, the Twin Lakes detention facility line-item request is the City's most significant 2004 Capital request. Project Brief Description State Funding Needed Capital Budget Line-Item, or Capital Budget grant program *Twin Lakes Golf & Facility would be on $1.425 million Line-item funding needed Country Club regional driving range, decrease detention pond stormwater flows into Joe's Creek, reduce erosion into creek, and help protect salmon runs. Existing pond frequently floods, causing property damage *Downtown Park Preliminary study to iD & $75,000 Line-Item develop a central park in the City's core *Sacajawea Park Renovate running track $75,000 lAC Youth Athletic from cinder track to Facilities grant, or line- rubberized/asphalt track - item joint project with School District *Community/Senior Add adworks to enhance $272,000 Line-Item Center overall quality of the project *Dumas Bay Center Ongoing capital upgrade, $480,000 Line-Item rehab equipment replacements *Poverty Bay Park Develop master plan for $100,000 Line-Item this heavily-wooded facility with beach access Stormwater Oppose any Onerous Phase II Stormwater Permit Requirements put forth by the Department of Ecology (DOE), Particularly if they Constitute a new "Unfunded Mandate" for Local Governments As it prepares to draft permit requirements for scores of local agencies to comply with federal Clean Water Act provisions, the DOE has established an advisory committee comprised of representatives of local government, business, and environmental organizations. The agency wanted input on how expansive to make a new "Phase Il" stormwater permit under the National Pollutant Discharge Elimination (NPDES) portion of the Clean Water Act. Local advisory committee representatives, including Federal Way stormwater program manager Paul Bucich, believe strongly that the DOE should not enact permit requirements that exceed minimum federal guidelines already established for Phase II communities under the Clean Water Act. To do otherwise would impose new mandates and liability on agencies such as Federal Way. If the DOE recommends Phase II stormwater permits which contain requirements that go above and beyond the minimum guidelines in the Clean Water Act, Federal Way will join the AWC, counties, and other individual local governments in urging the Legislature t to disallow this unfunded mandate. Federal Way is proud of the significant efforts and investment it makes in stormwater protection, but believes mandating new terms in a Phase II permit would trigger unnecessary liability and costs on local government. PlacehOlder Emerging ISsues: The City's 2004 Legislative Agenda holds a piace fOr issUes that may emerge after the C!ty's A0on,'!.,~. doc~:~ment has been printed a~d ~,o'~'ed by City CoUncil, yet sti'.l r(;q...,.r'(: ~t~o City's activ(,, p~rl.c.;)~!'()l;. ,%.mb w~.:s the case in !he 2003 ,~;<:,~s~¢.)":. when the City joined ',)d)(':r local ,(jo',/ernments in t',.;r,:i:";(j ..'.:.,, ~';~' (..)w(;st-prornot(:d I(:(j;sl~:h,,),' ',.,),."l(~(..:rcul local right-of-way au',i)(')r~:y. Ag~.,.in in 200zt. em(':r.q.,.;r,'. ~,~s,,es may require the C~[y's ~'~(:;.v,,:': City of Federal Way 2004 Legislative Agenda Support Items for 2004 Assuming these items arise during the 2004 Legislative session, Federal Way will work in support of efforts led by others in the following areas (grouped in alphabetical order according to general subject matter): Economic Development/Infrastructure Tools Expansion of Tax-Increment Financinq (TIF) At a time when the economy is in an ongoing recession, the state's ability to directly assist cities is very limited, and the electorate is leery of any new general tax increases, tools to foster infrastructure and economic development become even more critical. One tool used by other states is "Tax-Increment Financing." TIF directs future increments of tax revenue to finance debt payments for infrastructure that serves new development and creates new jobs and revenue within a community and for the State. The 2001 and 2002 Legislatures authorized very limited forms of TIF that allow a jurisdiction to apply future increments of local tax revenues toward infrastructure and economic development. Federal Way has been involved in a coalition of governmental and business organizations working with the Governor's Office on "Executive Request" legislation regarding TIF, which would make the State of Washington a more active funding partner in community infrastructure and pave the way for economic development, new jobs, and new revenue to grow the economy. Federal Way will support legislation to expand tax-increment financing, building on legislation such as E2SSB 5364, which twice passed off the floor of the State Senate in 2003, Gambling Non-Tribal Gamblinq Expansion Proposal Federal Way does not believe that significantly expanding non-tribal gambling is an appropriate way to address the fiscal crisis confronting state and local governments. Further, the City has concerns about how such proposals affect a community's character and quality of life. In 2003, Federal Way opposed the non-tribal gambling expansion proposal from the Entertainment Industry Coalition (EIC). If this issue reappears in 2004, Federal Way will join others in opposing non-tribal gambling expansion. If the Legislature feels it must make a policy choice to do so, Federal Way would join other cities in urging the Legislature to impose local tax and revenue components to assist with the additional law enforcement and public safety impacts that could arise. Local Government Financing Issues New Unincorporated Area Utility Taxing Authority During the 2002 session, King County led county governments in advocating new countywide utility taxing authority through bills such as HB 2950. Federal Way and suburban cities throughout King County strongly opposed this legislation for several reasons: it was offered at a time when citizens are asking governments not to impose new taxes; it would have added to existing utility taxes already imposed by cities; and the City believes King County, like municipalities, should consider budget reductions and internal belt-tightening before asking citizens to approve more taxes. King County tried again in 2003 with a bill that would have allowed new utility tax authority only in unincorporated areas. Because of its desire to promote annexation of unincorporated areas, King County may again pursue this authority. Federal Way would be supportive of a new utility tax authority in 2004 if it were restricted to unincorporated areas only. Sales Tax Streamlininq The State Legislature enacted SB 5783 in 2003, legislation that largely brings Washington into compliance with a "Streamlined Sales Tax" (SST) project under development in a few dozen states. The SST effort involves unifying sales tax definitions and practices, in hopes that Congress will explicitly authorize that sales tax be imposed on Internet-based transactions currently receiving tax-free treatment. Federal Way supports legislation to further SST compliance efforts in 2004, such as a change in the crediting, or 'sourcing' of local sales taxes to a 'point of delivery' method rather than the current 'point of origin' method. However, Federal Way is mindful that a change in sourcing could have significant negative revenue impacts on many warehousing-based cities in South King County. The City thus supports the idea of including mitigation or 'hold-harmless' pr~)visions into any 2004 legislative initiative on SST, providing mitigation measures do not take away revenues that would otherwise accrue to cities. Lodging Tax Advisory Committee Authority In 2003, hotel industry interests advanced SB 5668. This legislation contained a provision that would have given hotel-motel tax advisory committees the authority to trump the decisions of local elected officials in terms of spending allocations. Federal Way will support AWC and individual cities in their opposition to hotel-motel tax legislation in 2004 that seeks to undermine local decision-making authority. Transportation "Local Option" and 1-776 Local Replacement Fundin.q Needs for Cities For the last several years, the Association of Washington Cities (AWC) and a number of individual cities have asked the Legislature to adopt new local-option financing tools to assist municipalities with local transportation funding needs. In 2003, a local option measure again failed to make it through the legislative process. The need for local-option or local replacement funding becombs even more critical heading into 2004, with the recent Supreme Court ruling that Initiative 776 is constitutional. 1-776 repeals a $15 vehicle-licensing fee utilized in King County and its cities. The fee generated $750,000 per year for the City of Federal Way and was slated to fund local road maintenance and operation (M&O) and overlay needs. Federal Way will be strongly supportive of 2004 efforts to obtain additional local replacement funding and "local option" tools for cities. Transportation Permittinq Efficiency & Accountability (TPEAC) In 2003, the Legislature expanded the TPEAC effort, which had previously served as a pilot-based effort to expedite, consolidate, and streamline the permitting process for a few 'mega-project' state highway investments. The 2003 action extended the TPEAC process to cover all roadways, including local roadways. The Legislature directed TPEAC committees to examine ways to expedite and add efficiency to the permit process for roadway projects of all sizes. The AWC is actively participating in the TPEAC process and wants to ensure that additional permitting efficiencies do not have the affect of undercutting or eliminating local authority over permits, SEPA, etc. Federal Way will support efforts by AWC and others to protect necessary local permitting authority and autonomy as the TPEAC process moves forward. Criminal Justice, Law Enforcement, Courts Additional Flexibility for Municipal Court Services In the aftermath of King County's decision to renegotiate certain District Court services, a number of King County cities are pursuin9 a legislative initiative that explicitly allows cities to enter into agreements with one another for Municipal Court service provision across jurisdictional lines. The legislative effort is similar in many respects to SSB 5500 from the 2003 Session. However, judges' representatives have negotiated for a compromise that would grant multi-city contracting authority to Municipal Courts in exchange for new statutory requirements regarding election of judges. Cities' proposals to require only new multi-city municipal courts to elect judges, to have only certain-sized cities required to elect judges, or to provide cities with initial appointment authority followed by confirmation elections, have all been rejected by judges to date. At this writing, the outlook for 2004 legislation is uncertain. Federal Way will support 2004 legislation on multi-city Municipal Court contracting authority if it is brought forward. However, the City does not want to see its authority to appoint judges unnecessarily undermined. Assess Convicted DV Offenders to Help Finance DV Services During the new session, domestic violence prevention advocates may offer legislation that authorizes courts of limited jurisdiction to impose court assessments on convicted DV offenders, with proceeds targeted to help offset the cost of DV programs established by cities and counties. Federal Way will support this legislative initiative if it is brought forward in 2004. Domestic Violence Perpetrated by Police Officers: Requiring Local Governments to have Prevention Policy and Training in Place On the heels of the Crystal Brame-David Brame tragedy in Tacoma earlier this year, a "Crystal Clear" Committee has been meeting for several months and is preparing legislation for 2004. The legislation appears to call for additional training and policy attention to the issue of domestic violence perpetrated by police officers. Federal Way strongly supports the idea of taking steps to avoid any DV incidents, but seeks to ensure any 2004 legislation does not trigger new cost requirements or create further liability exposure for financially-strapped local governments. Technical Fix in Statute to Allow Repeat Lewd Conduct Offenders to be Prosecuted as Felons The City of Everett, with support from law enforcement associations and prosecutors, will be bringing an initiative to the 2004 Legislature regarding lewd conduct/indecent exposure violations. The initiative is designed to fix an oversight in the statutes that may prevent repeat violators from being charged and convicted as felons. Federal Way will support a 2004 legislative initiative ensuring that repeat violators of lewd conduct and indecent exposure laws can be charged as felons. Requiring All Criminal Interroqations to be Videotaped Two Pierce County legislators may present a measure to the 2004 Legislature that would require all criminal interrogations be videotaped. This provision was in a 2003 bill (HB 1932) that was introduced but never moved out of its committee of origin. Federal Way, along with representatives of law enforcement associations and prosecutors, has significant concerns regarding the cost, practicality, and potential chilling effect of this type of legislative initiative. Federal Way will support associations that represent law enforcement and prosecutors in their efforts to head off any 2004 legislation, if it is introduced. Drug Seizures: Timinq and Direction of Proceeds One of the criticisms of drug forfeiture efforts by law enforcement is that proceeds from drug seizures are not always returned to law or drug enforcement. This is not true in Federal Way. The City has an exacting process of returning drug seizure proceeds to law and drug enforcement and maintains very detailed accounting records. A citizen initiative on drug seizures did not collect enough valid signatures to qualify for the 2002 ballot. This matter did not surface in the 2003 Legislature and, thus far, indications are that it will not come up again in 2004. If legislation in this area is brought forth in 2004, Federal Way will join other local governments and law enforcement agencies in strongly opposing it. Prior legislation would have limited drug seizures to post-conviction only, along with shifting proceeds from drug seizures away from local law enforcement and toward state drug treatment programs. Protecting Privacy of Law Enforcement Personnel The City supports legislation such as SB 6660, which was unsuccessful in the 2002 Legislature. The measure protected items such as law enforcement social security numbers and home phone numbers from public disclosure and dissemination. If legislation is brought forward in 2004 to protect the privacy of law enforcement personnel, Federal Way will be supportive of it. Efficiency Measurers Promoted by Cities and Counties Efficiency Measures Pursued by the Tri-Association Group and Individual Local Governments In preparation for the 2004 session of the Legislature, the Tri-Association group, comprised of the Association of Washington Cities (AWC), Washington State Association of Counties (WSAC), and the Washington Association of County Officials (WACO), will pursue a legislative initiative to revise certain statutes that are obstacles to local government cost-effectiveness and efficiency. The Tri-Association initiative involves expediting the approval of Public Works Trust Fund (PWTF) loan projects, expanding allowable uses of the second ¼% of the Real Estate Excise Tax (REET), making technical corrections to cooperative purchasing laws, and overall liability reform. Federal Way supports the Tri-Association efficiencies package, and, additionally, supports the following items, which were submitted to the AWC in the event the AWC pursues a bill a technical fix bill related to cities in 2004: *Eliminating the requirement in RCW 43.09.230 that cities provide the name of their labor relations' consultants in collective bargaining. The requirement does not appear to serve any purpose and involves needless time and paperwork. *Eliminating the requirement under RCW 39.44 that cities provide information on their bonded indebtedness to the State Department of Community, Trade, and Economic Development (CTED). Such information a~ready is provided to the State Auditor's Office. *Revising the requirement that planning commissions, under RCW 35.63.040, must meet at least nine times per year. The requirement is arbitrary and should involve more flexibility for cities such as Federal Way. CMA, Annexation, Housing Targets, Land-Use, Permitting, Impact Fees Annexation Authority for Cities In 2003, the Legislature enacted two measures designed to prov.ide cities with some assistance in the area of annexations: 1) SSB 5409, allowing a new double majority method of annexation, triggered when a majority of voters and a majority of owners of the acreage in a given area are in agreement with a proposed annexation. This augmented the petition method form of annexation that has come under legal question in two cases currently being re-eXamined by the State Supreme Court; 2) SHB 1755, allowing a more expedited way of annexing island areas of unincorporated lands surrounded by cities. In 2004, the AWC and a number of cities will seek further annexation law reforms. Federal Way will support additional measures that better facilitate the process of annexations, which are expected to occur under the tenets of the Growth Management Act (CMA). Housinq Issues Involvinq Buildable Lands and Housinq Tar.qets Federal Way is sympathetic to the goals and objectives of housing availability and land supply for housing under the Growth Management Act. The City supports a thorough review of the process for allocating housing targets as well as establishment of objective criteria for allocating targets. Additionally, the City did not oppose the agreed-upon language in SSB 5602 from the 2003 session, which asks cities to ensure that amendments to their comprehensive plans and CMA plans, "taken collectively," will not diminish a city's commitment to meeting housing targets and economic development goals. However, the City does have concerns with potential 2004 legislative pursuits being offered by realtors, who may introduce new definitional and data-collection requirements to the Buildable Lands program that will add new costs and requirements for cities. Federal Way will work against measures 'that unnecessarily add new costs and requirements for cities and counties within the Buildable Lands program. Additionally, the City will work against any measures that break 20-year housing targets into smaller intervals, such as annual targets, as well as legislative initiatives that attempt to hold cities responsible for housing market performance. CMA Work Group - Potential 2004 Leqislative Items This summer and fall, stakeholders from local government, business, and environmental groups, together with state CTED representatives, have been examining incremental improvements that might be made to the CMA. The Work Group stakeholders are studying a variety of issues, including ways to cut down on frivolous appeals, and to streamline ministerial reviews of CMA-related ordinances that are amended by localities, Federal Way will support 2004 legislation forwarded by the CMA Work Group if it has consensus support from those around the table and has broad support from local government. However, the City would be opposed to any legislation that compromised its authority to appeal CMA plans in neighboring counties or cities that do not adequately address issues such as transportation, building standards, zoning, etc., that are critical to Federal Way. Clarifying Local Zoning Authority on Location of Gamblinq Establishments Federal Way supports legislation clarifying that localities, through their zoning and land-use police powers, have authority to condition the location of gambling establishments and determine where they should be situated in a community. Federal Way believes such authority already exists in law and wants to ensure that any 2004 legislative initiative is drafted so that it builds off of the concept of existing authority. Oppose New Permit Processing Requirements During the 2003-04 legislative interim, a House local government committee's "Permit Work Group" has examined the issue of land-use permit processing at the local level. Federal Way supports efforts to make the permitting system work better and has demonstrated that with its own emphasis on permit streamlining. The City also effectively met 120-day permit processing requirements that previously existed in state statute. The City would oppose legislative initiatives that impose new mandates and requirements on already over-burdened cities. Condominium Liability During the last year, an alliance of builders, local governments, and others sought changes to state law to reduce liability exposure for condominium builders. The builders contended that the liability they faced from lawsuits over condominium defects, and the difficulty they had accessing affordable liability insurance coverage, was acting as a disincentive to condominium building, and infill under the GMA. 2SSB 5536 was the product of the Condominium Alliance's work. The legislation, designed to steer more condominium defect disputes to arbitration without unduly compromising the legal rights of individual condominium owners, progressed through the Senate but, ultimately, stalled in the House. Federal Way will support 2004 legislation regarding condominium liability, provided it is crafted in a way that balances the interests of all parties. Planning and Environmental Review Fund (PERF) In its agency-request package for the 2004 Supplemental Operating Budget, the Department of Community, Trade, and Economic Development (CTED) is recommending that the Governor's Office include $1.5 million in his budget submittal to the Legislature to recapitalize the Planning and Environmental Review Fund (PERF). The PERF program was funded in 1995-97, but was discontinued when the state ran into economic troubles. The program provides grants to local governments that prefer planned action pre-planning of large areas so that there can be an overall land-use vision for such areas vs. a parcel-by-parcel, case-by-case view. For Federal Way, which has utilized such planning for its downtown core, PERF dollars could be put to good use. Federal Way will support an Executive branch 2004 Supplemental Budget request to recapitalize the PERF fund. Liability Reform Liability Reform Packaqe In 2003, a group known as the Liability Reform Coalition worked on advancing a series of liability reform measures through the Legislature. The Liability Reform package dealt with a range of issues, such as medical malpractice costs, "joint and several" liability, tort judgement interest rates, and liability protection for employers who provide employee reference information in good faith. Some of the legislative measures are ones that Federal Way has supported. However, for tactical reasons, the State Senate leadership wanted all liability measures combined into one bill, which failed to pass. Federal Way will support certain pieces of any 2004 liability reform package, particularly involving liability protection on employee reference information and reforms to "joint and several" liability costs for cities. Parks and Recreation · Protect Real Estate Excise Tax (REET) capital fundinq for parks M&O needs Federal Way has concerns with legislative initiatives that would dilute existing capital funds for parks and allow some of those funds to be used for parks M&O needs instead. The City would rather support retaining the ~/~ % REET for capital purposes. Conservation Futures fundinq Federal Way is supportive of legislation to provide counties with additional conservation futures taxing authority subject to public vote. However, such legislation should also contain formulas to apportion money in proportion to where the dollars are collected, provisions to ensure that conservation futures funds are distributed throughout a county over time, and safeguards to ensure cities have an adequate voice in the allocation of these funds. Rights-of-Way/Telecommunications Federal Way will again join others in guarding against passage of legislative bills and amendments that would require public agencies to pay utility relocation costs of private entities, or would otherwise infringe on local authority to manage and control the use of the public rights- of-way. In 2003, Qwest sought to undercut that authority and set a dangerous precedent in statute, with a bill that required Sound Transit to pay all Qwest costs for relocating its facilities outside of the Link Light Rail right-of-way. This legislation may be back again in 2004. Additionally, there is speculation that Olympic Pipeline will pursue a 2004 initiative to reduce local authority over pipeline rights-of-way. Water-Sewer District Assumption · Authority for Cities to Assume Water-Sewer Districts In the last session, Lakehaven Utility Distribt promoted legislation (SB 5447) that would add cumbersome requirements to cities wishing to assume existing water and sewer districts. While Federal Way is not imminently seeking to assume water districts such as Lakehaven and, in fact, looks for opportunities to work in concert with the Lakehaven Utility District, the City does not want to see water- sewer assumption laws undermined. Federal Way will work against water-sewer assumption laws that make these efforts more difficult, cumbersome, and costly for cities. Workers' Compensation Legislation similar to that brought forward in 2003, which recalculates the way benefits are distributed, is expected to be the subject of considerable discussion and activity again in 2004. Businesses and employers say that the Department of Labor and Industries (L&I) already has some of the richest workers' compensation benefits in the country, and a health contingency reserve makes a currently proposed 19.4 rate increase unnecessary. L&I says the rate increase is necessary and that a reduced 2003 rate hike made it unavoidable. Federal Way will support efforts to reform workers' compensation in a manner that addresses some of the rapidly rising cost impacts of the system on businesses and local governments. (:'13 City of Federal Way 2004 Le.qislative ARenda I Federal Issues Sales Tax on Catalogs, Mail-Order Sales, E-Commerce Federal Way supports congressional action allowing state and local governments to collect sales and other applicable taxes from remote catalog and internet sellers. Past judicial decision and a federal moratorium on Internet taxation gives out-of-state retailers an unfair competitive advantage over locally based businesses. A sales tax simplification and streamlining project that involves at least three dozen states, including Washington, is designed to show Congress that uniform definitions and procedures can be used to make the sales tax process a~; seamless as possible for "e-railers." Federal Way supports this effort by Washington and other states. Community Development Block Grant Federal Way supports full funding of the Community Development Block Grant program. In greater Federal Way, CDBG funds support emergency services, public safety, and community-based collaborations. Federal Way opposes efforts to cut CDBG funding and is pleased that the FY 2004 appropriations process kept level CDBG funding. COPS & Local Law Enforcement Block Grants Since their inceptions in 1994 and 1996 respectively, the COPS grants and Local Law Enforcement Block Grants have been important sources of revenue for the City of Federal Way's public safety efforts. The COPS Universal Hiring Program and COPS MORE programs provided roughly $2.3 million and 28 police officers to Federal Way's new police depadment. In addition, the city has received nearly $500,000 from LLEBG. Federal Way supports maintaining federal COPS grants and Local Law Enforcement Block Grants, which provide valuable public safety funding to cities. Similarly, the City strongly opposes efforts to cut and consolidate COPS and LLEBG funding. Transportation Equity Act for the 21st Century (TEA-21 ) Federal Way supports reauthorization of the Transportation Equity Act for the 21st Century (TEA-21) and efforts to streamline the regulation of funded projects. In addition, the City has submitted the Triangle Interchange and 348~h Street projects for inclusion in the TEA-21 "High Priority Projects" (HPP) demonstration funding category. Land and Water Conservation Fund Federal Way strongly supports full funding for the Land and Water Conservation Fund and its stateside component to support the acquisition, construction, and repair of recreation and park facilities. The City was pleased to see the FY 2004 appropriations process continue funding for the stateside program. Homeland Security Funding Federal Way supports funding for homeland security and is doing its part to keep local communities as safe and secure as possible. However, the City urges Congress, in any measure for provision of homeland security funds, to distribute those funds as directly as possible and to consider funding for training and overtime costs that will occur. Airport Communities Coalition Federal Way seeks support and assistance from its congressional delegation in pressing for a full and impartial review of Port of Seattle third runway project-related permits by federal regulatory agencies. City of Federal Way 2004 Legislative Agenda Legislative Policies 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 powers and authorities. The City also believes the Legislature should affirm the home rule authority of cities, counties, and regional bodies to retain locally enacted and locally voted taxes and fees, a principle eroded by Initiative 776, which sought to repeal a regional transit authority funding source approved by voters and repealed a $15 vehicle licensing fee enacted by four counties. Broad-based Authority to Utilize Cost-Effective and Flexible Policies Federal Way supports state legislative efforts to establish broad-based, 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. Opposition to Unfunded Mandates or Inadequately Funded Mandates As directed by provisions in Initiative 62 (RCW 43.135.060) and subsequent Initiative 601, Federal Way strongly urges the Legislature, state agencies, and courts not to impose financial or operating burdens on cities unless such mandates are accompanied by the full financial resources necessary to accommodate compliance. The City opposes legislation which mandates increased local costs or which results in an inappropriate diminution of local authority over local affairs. Local Government Funding and Tax Policy Federal Way strongly supports the creation of a permanent, ongoing funding source to address the needs of cities, counties, and other local government entities in the aftermath of the elimination of the Motor Vehicle Excise Tax (MVET). The City also believes current taxing and revenue authority must be protected and not undermined, as has been attempted in recent years with efforts to remove business licensing fee authority. The City also believes municipalities should be authorized to seek voter approval for an excess property tax levy to fund debt service on capital facilities projects contained in an adopted Capital Facilities Plan or Transportation Improvement Plan. The bonds would be unlimited general obligations of the City and approved by a simple majority. Further, the City suggests that future Legislatures examine the advisability of a policy that places a sales tax on infrastructure investments, such as parks and cultural arts facilities. Finally, the City believes the state should be obligated to share sales tax non-remittance penalties with local governments, in the same manner that it distributes collection of incoming sales tax. Transportation The City of Federal Way strongly believes the State of Washington must maintain primary responsibility over the funding and maintenance of the state's transportation system, and that mechanisms such as regional transportation financing should never be used as more than a supplement to the state system. The City strongly supports ongoing local funding assistance and distribution in any state transportation financing efforts, as well as funding of multiple modes of transportation. The transportation system must operate as a whole, with each part of the system receiving equal funding focus Economic Development, Infrastructure, Parks Open Space In an era when citizens are wary of increased taxes and fees, the City of Federal Way strongly supports legislative initiatives that provide cities with increased economic development tools capable of growing local economies and the local job base, thus providing increased revenue for local government operations and key services. Federal Way believes that in structuring economic development programs, the state should place equal emphasis on job retention and job creation, refraining from policies that provide a preference for one over the other. The City also strongly supports legislative initiatives and funding to protect and enhance parks and open space, and legislation that ensures reliable and dependable funding for infrastructure in general. The Public Works Trust Fund (PWTF), one of the state's best infrastructure funding sources, should be protected, not diverted, and should not be required to incur a legislative approval process that results in delays, missed construction windows, and increased costs. ESA, Water Resources, Flood Prevention The Endangered Species Act is essentially an unfunded mandate from the federal government. In addressing the ESA and specifying requirements for local governments, the state should provide funding without exacerbating the unfunded mandate nature of ESA. Providing local governments with meaningful input and flexibility to address their unique local conditions is also critical. Federal Way supports continued state financial assistance for water supply, groundwater, stormwater, and surface water facilities, which are important in complying with state and federal water quality standards. The City also supports the authority of water districts to manage their systems, have the tools they need to address current and future supply demands, and participate in regional planning as appropriate. Finally, given the number of flood-prone areas in Federal Way, the City strongly supports and urges 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. Energy & Telecommunication: Federal Way strongly supports maintaining the authority of local governments to manage their publicly owned rights-of-way, and opposes efforts to pre-empt or diminish that authority. The City supports maintaining the requirement that private utilities bear the costs of relocating their facilities within city rights-of-way, and that local governments may charge a fee to wireless telecommunications providers seeking to locate facilities in rights-of-way. On electric industry deregulation, Federal Way supports provisions to ensure service is available at affordable and reasonable prices, that providers pay their fair share of taxes, and that local governments continue to manage industry facilities within the rights-of- way. The City also urges that in any electricity deregulation, state law should require out-of-state electricity providers to collect state and local utility taxes on services provided to in-state customers. Land-Use and Permittinq Issues, Including Growth Manaqement, Shorelines, Critical Areas, Comprehensive Plans The City of Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool, and supports the land-use and permitting framework that includes the State Environmental Policy Act (SEPA), local comprehensive plans, shoreline plans, and critical areas ordinances. However, the GMA and other land-use requirements pose funding and timing challenges for local governments. Federal Way urges the Legislature to assist local governments in meeting these challenges by ensuring adequate and ongoing funding, providing sufficient time for refinements and updates of plans, and coordinating, simplifying, and streamlining existing plans and Acts. One example of simplicity and flexibility is to allow technical amendments to comprehensive plans more than once a year. The City also believes in ultimately eliminating state-level shoreline use permits and elimination of Boundary Review Boards as an outdated, obsolete function. Federal Way supports legislative initiatives requiring Growth Management Hearings Boards to defer to local decisions, policies, and processes. The City supports practical solutions to private property issues and disputes, including regulatory reform, in a manner that does not alter the constitutional definition of takings, does not place an undue financial burden on taxpayers, or diminish local governments' ability to protect the public health, safety and welfare of their communities. Finally, the City supports legislative initiatives that ensure Forest Practice permits issued within city limits or designated urban growth boundaries be subject to the same local government review process now provided for 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. Social and Human Services, Housing, and Public Health Federal Way supports maintenance and adequate funding of human service programs, including those that may be delegated to the state from the federal government. Any legislative action delegating federal authority should ensure appropriate local government input into development of block grant dispersal regulations or procedures and development of any new processes to assist or support Iow- income, high-need populations. The City supports 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. Federal Way also strongly supports continued state funding for public health services, and believes County Boards of Public Health should provide representative seats for city officials. Youth Issues and Juvenile Offenders Federal Way supports legislative initiatives that enhance funding to local governments to initiate and expand youth services, especially for youth violence reduction programs. The City supports enhancing the Department of Social and Health Services' (DSHS) ability to enforce day-care licensing requirements, improve services for daycare providers, and ensure accessibility to childcare for all citizens. The City supports funding for programs designed to prevent child abuse and neglect. Federal Way also supports efforts to make parents more accountable for children who are juvenile offenders, and any initiatives to provider stronger sanctions for chronic, persistent offenders, as well as greater court discretion to impose detention or secure treatment where warranted. Law Enforcement, Criminal Justice, Emergency Services Federal Way opposes legislative initiatives to remove authority and discretion for local law enforcement agencies to provide local and specialized services for their citizens. The City also opposes efforts to transfer incarceration responsibilities from the state to localities without additional funding. The City supports flexibility for police officers to enforce the state's laws anywhere in the state, better enabling officers to assist with incidents outside a city's borders and easing liability concerns. Further, given rising costs and increasing public demands in public safety and criminal justice, Federal Way strongly supports legislative initiatives to assist cities and counties with full cost recovery for items such as incarceration, driving while intoxicated (DWI) convictions, and witness costs. The City also supports measures to strengthen DWI laws, such as defining a third offense as a 'felony'. Federal Way supports court admissibility of radar speed-measuring devices. Federal Way strongly supports maintaining and enhancing the emergency 911 system and opposes the unnecessary creation of non-emergency communications systems suggested in the past, such as E-311. Municipal Court Oversiqht and Local Authority Federal Way appreciates the need to achieve greater efficiencies in the state's court system, but strongly opposes any effort to eliminate local authority and budget/personnel oversight over Municipal Courts that have been used to control costs and increase local flexibility. The City opposes any new unfunded responsibilities placed on the local court system, and any initiatives that require increased remittance of district and municipal court revenues to the state. Federal Way opposes efforts to place new election and full-time-status requirements on part-time Municipal Court judges. The City supports increased recognition of Municipal Court Commissioners, providing such Commissioners with the same authority provided to Municipal Court judges. Federal Way further supports clarifying Municipal Court authority to hold sessions outside of city limits under certain circumstances. Finally, Federal Way urges legislative attention and focus to reducing local liability in operating misdemeanor probation and pre-trial release programs. Gamblinq and Liquor Control, Adult Entertainment and Retail Federal Way supports legislative initiatives that provide cities with more direct involvement in the commercial liquor license and card room application processes, along with enhanced public hearing, public input, and written comment authority. Federal Way opposes the expansion of non-Tribal gambling. The City supports confirming local government zoning authority over the location within a community of gambling establishments. The City supports the idea of model ordinance authority consistent with provisions of adult entertainment ordinances upheld by the courts. Federal Way also supports increased authority for local governments to minimize secondary impacts of adult retail establishments by adopting strict requirements for location and hours of operation. Public Works: Bidding, and Contracting: Federal Way supports increasing the dollar threshold for small public works projects and exempting such projects from the state's definition of public works projects. The City supports continued streamlining and flexibility of taws and regulations governing the bidding process, including raising the ceiling of small works roster projects. On recycling, 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. Personnel, Labor, and Contractinq/Wage Issues: Federal Way supports civil service reform allowing cities to streamline hiring processes, diversify workforces, and recruit, retain, terminate and reward employees. The City strongly supports changes to the binding interest arbitration statutes, introducing factors such as a city's financial ability to meet contract costs, local labor market conditions, and internal equity with other city employees. The City also supports mandating final offer arbitration. Concerning prevailing wage, Federal Way supports legislation clarifying that maintenance activities performed through contract are exempt from prevailing wage requirements, as is maintenance work performed by regular employees. General Government/Governmental Operations Federal Way supports the rights of citizens to access the records and operations of their local government, but urges that full cost recovery be allowed on records retrieval. The City supports eliminating an outdated requirement that interlocal agreements be filed with county auditors, since agreements are recorded with all governments that are signatory to such an interlocal. Federal Way supports allowing advisory boards to provide analysis and input to City Councils on ballot propositions, and recommends that cities be allowed to take a position on such propositions. The City further supports standardizing voter registration maintenance costs to local governments in a manner that accurately reflects the cost of maintaining such records. Buildinq Code Council Federal Way supports continued State Building Code Council jurisdiction over building-related codes and other codes now under its jurisdiction. Tort Reform Issues: Federal Way supports any legislative initiatives to clarify that a defendant should not be mandatorily required to join all potential "at fault" entities into litigation or 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 plaintiffs to the defendant in proving fault. City of Federal Way 2004 Leqislative Aqenda I Index This Index provides the reader with a sense of when the City adopted, amended, and updated items listed in its legislative agenda and policy documents. The list is in alphabetical order: State Issues Adult Entertainment - support for model ordinance approach consistent with Federal Way's Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Adult Retail - support local authority to take steps to minimize secondary impacts Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Advisory Boards - clarify allowed to do analysis/review of ballot measures Adopted 9/99, placed in Policy/Principles 9/02. Affordable Housing - dedicated capital funding source Amended 9/00, placed in Policy/Principles 9/02. Annexation Law - legislative remedies needed in wake of Supreme Court decision Placed in 2002 Legislative Agenda, 9/01; placed in "Support" section of Action Agenda, 9/02, amended 12/03. Assumption of Special Purpose Districts - oppose legislation that diminishes city authority Amended 9/99, placed in "Support" section of Action Agenda 9/02, amended 12/03. Binding Arbitration - support additional factors being incorporated into Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Boundary Review Boards (BRBs) - support elimination of Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Buildable Lands - oppose changes to program funding Placed in "Support" section of Action Agenda, 12/03 that add new responsibilities and costs without Building Codes - adopt updated codes based on technical merit Adopted 9/01, placed in "Support" section of Action Agenda, 9/02. Building Code Council Jurisdiction Adopted 9/99, amended 9/01, placed in Policy/Principles 9/02. Business Licenses - oppose limits to fee authority Adopted 9/01, placed in "Support" section of Action Agenda 9/02. Capital Budget needs - Capital Budget project list Placed in "Active" section of Action Agenda, 12/03. Card Room and Liquor Licenses Application Processes - greater local authority over and input into Amended 9/99, 9/01, placed in Policy/Principles 9/02. Child Care - support budget provisions to enhance DSHS licensing and oversight Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Child Abuse - support funding for programs to prevent child abuse and neglect Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Civil Service Reform Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Comprehensive Plan, Shoreline, and Critical Areas Updates Adopted 9/01, referenced in "Support" section of Action Agenda 9/02. Comprehensive Plans - technical amendments to more than once/year Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Condominium Builder Liability - support efforts to address Placed in "Support" section of Action Agenda 10/03. Conservation Futures funds - support counties having increased authority, so long as funds apportioned in proportion to where they are collected, distributed throughout a county, and cities have input into process Placed in "Support" section of Action Agenda 12/03. Countywide Recycling Programs - oppose counties collecting fee from customers of city franchisers Included in 2002 Legislative Agenda document 9/01, included in Policy/Principles 9/02. Criminal Justice Funding Allocations - eliminate yearly grant-application requirement for general fund account allocations Adopted 9/00, placed in Policy/Principles and "Support" Section of Action Agenda 9/02. Deleted from 2004 Agenda document based on 2003 legislation that eliminated the yearly application requirement District and Municipal Court Judges - support legislation allowing appropriate number of District Court judges Adopted 9/99, amended 9/01, placed in "Support" section of Action Agenda 9/02. counties to determine Domestic Violence -1) support courts' authority to impose assessments against convicted offenders to help support cost of DV programs 2) support training and policies to prevent DV incidents perpetrated by police officers Placed in "Support" section of Action Agenda 12/03. Drug Seizure Funding and Authority - oppose legislation to divert funds and limit authority Amended 9/01, placed in "Support" section of Action Agenda 9/02. DUI Laws - strengthen laws and cost recovery on expenses Amended 9/00, placed in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Economic Development Funding Sources and Incentives Amended 9/00, included in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action Agenda and placed in Policy/Principles 9/02 Electronic Commerce - level tax system for e-commerce and non-electronic businesses Adopted 9/99, placed in federal issues portion of document 9/02, amended 12/03. Electric Industry Deregulation - ensure reasonable, affordable services available Amended 9/01, placed in Policy/Principles 9/02. Emergency Communications - support for 9-1-1, oppose any new E-311 Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Empty Chair Defense Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles under "Tort Reform" 9/02. ESA/Salmon Issues - funding needs, recognize varying conditions across state Amended 9/00, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Flood Damage Reduction - retain local discretion to consider uniqueness of different areas Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Forest Permits - inside UGAs, should be subject to consideration and issuance of Class IV permits Amended 9/01, placed in Policy/Principles 9/02. same review process now provided in Gambling - opposed to expansion of non-Tribal Adopted 11/02, placed in "Active" section of 2003 Action Agenda, placed in Support section of Agenda 12/03. Also placed in Policy/Principles. Gambling Facility Zoning - clarify local authority Adopted 9/99, placed in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action Agenda 9/02, amended 12/03. Growth Management Act - refinements/clarifications needed, time and money Amended 9/00, placed in Policy/Principles and referenced in "Support" section of Action Agenda 9/02, amended 12/03 ("GMA Work Group"). Growth Management Act Hearings Boards - defer to local decisions Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Growth Management Act capital facilities planning - include special districts where appropriate Included in 2002 Legislative Agenda document 9/01. GMA Impact Fees - protect authority to collect at time of permit issuance Adopted 9/99, placed in "Support" section of Action Agenda, 9/02. Home Rule - strong support for Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Housing Targets/Buildable Lands - support objective criteria/goals, oppose break 20-year targets into smaller intervals, hold cities responsible for housing market performance Amended 9/00, placed in "Support" section of Action Agenda 9/02, amended 12/03. Human Services - support funding Included in 2002 Legislative Agenda 9/01, placed in Policy/Principles 9/02. IncarceratiOn - cost recovery for costs of Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Interlocal Agreements - not need to file with county auditor - Adopted 9/00, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Interrogations - Oppose legislative efforts to require videotaping of all criminal interrogations Placed in "Support" section of Action Agenda 12/03. Job Creation and Job Retention - oppose legislation to give one economic development preference over the other Adopted 9/01, included in Legislative Agenda 9/02, reflected in Policy/Principles under Economic Development 9/02. Juvenile Offenders - support legislation to make parents more accountable for Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Juvenile Offenders - stronger sanctions for chronic misdemeanor behavior Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Land-Use Decisions and Permitting - support further streamlining, integration Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Land Use, Private Property Dispute Resolution - practical resolutions to Included in Legislative Agenda 9/01, placed in Policy/Principles 9/02. Lewd Conduct/Indecent Exposure - Support technical fixes in law to ensure repeat offenders can be charged and prosecuted as felons Placed in "Support" section of Action Agenda 12/03. Liability Reform - support certain parts of Liability Reform Package Placed in "Support" section of Action Agenda 12/03. Liquor Control Board - support performance audit of Included in 2002 Legislative Agenda document 9/01. Local Law Enforcement Authority - including over special services Included in 2002 Legislative Agenda document 9/01, reflected in Policy/Principles 9/02. Local Government Financing Needs Placed in "Active" section of Action Agenda 9/02, amended 12/03. Local Government Efficiencies Added to "Support" Section of Action Agenda 9/02, amended 12/03. Lodging Tax Advisory Committees - legislative proposals to provide more authority Placed in "Support" section (support the opposition efforts) of Agenda 12/03. Municipal Court Reform - support efficiencies, oppose mandate or reduced/eliminated Municipal Court authority Adopted 9/00, placed in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Municipal Court Services - flexibly for inter-local agreements and contracting across jurisdictional lines Added to "Support" section of Action Agenda 9/02, amended 12/03. MVET Funding Replacement - permanent/ongoing Amended 9/99, 9/00, 9/01, placed in Policy Document and "Active" section of Action Agenda 9/02. Municipal Court Judges and Commissioners - retain local authority and discretion, authority on where to hold Municipal Court sessions, court revenues Adopted 9/99, amended 9/01, placed in "Support" section of Action Agenda and in Policy/Principles 9/02. Court Revenues item adopted 9/99, amended 9/01, placed in Policy/Principles 9/02. Parks and Open Space - state funding support, exempt parks and cultural arts facilities from sate and local sales tax Amended 9/99, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Permit processing for land-use applications - oppose any new unfunded mandates Placed in "Support" section of Action Agenda 12/03. PERS III - Annual opportunity for employees to adjust their employee contribution rate. Placed in "Support" Section of 2003 Legislative Agenda 9/0.2. Planning and Environmental Review Fund (PEP, F) - Support "re-capitalizing" Placed in "Support" section of Action Agenda 12/03. Police Officer Jurisdiction - authority to enforce state's laws anywhere in state Amended 9/99, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Prevailing Wage - clarify to ensure contracted maintenance services n, ot subject to Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Probation Liability - support legislation to reduce local liability in misdemeanor probation or pre- trial release Adopted 9/00, placed in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Property tax - allow municipalities to use voted Excess Levy for Capital Improvement Bonds to fund debt service Amended 9/01, placed in Policy/Principles 9/02. Public Disclosure Act Amendments - protect law enforcement personnel information Adopted 9/99, amended 9/01, placed in Policy/Principles and in Action Agenda 9/02. Public Health Funding - strong support for Amended 9/01, placed in Policy/Principles 9/02. Public Health Boards - city representation on Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles ,9/02. Public records - cost recovery for providing to public Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Public Works Bidding Procedures and Limits - Amended 9/00, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Public Works Project - broaden definition and threshold for what is local project Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Public Works Trust Fund - support for, eliminate legislative approval requirement Amended 9/99, 9/00, Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Radar Testimony - allow for admission in court of speed-measuring devices without additional expert testimony Adopted 9/99, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. P,eal Estate Excise Tax - support broader overall uses for, but concerned about allowing second ¼ % to be used for parks O&M Broader overall uses referenced in "Active" section of 2004 Action Agenda; concern about second %% being allowed for parks O&M placed in "Support" section of 2004 Action Agenda 12/03. Reference checks - limit employer liability for providing reference information on former, current, prospective employees Included in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action Agenda 9/02, amended 12/03. Sales Tax Exemption for Parks and Cultural Arts Facilities Construction Amended 9/00, placed in Policy/Principles 9/02. Sales Tax Non-Remittance Penalties - local distribution Adopted 9/99, placed in Policy/Principles 9/02. Shorelines Management Act - integrate with comp plans, eliminate requirement for separate master plans Amended 9/99, placed in Policy/Principles 9/02. Stormwater Funding and Flexibility Added to "Support" Section of Action Agenda 9/02, placed in "Active" Section of Agenda 12/03. Tax Collections - ensure they are imposed on out-of-state electricity providers supplying in-state services Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02 Tax Increment Financing - support authority and streamlining of 2001 legislation Amended 9/01, placed in "Active" section of Action Agenda 9/02, amended 12/03. Tax Rollback/Expenditure Limitations to - oppose without consideration of local funding needs Included in 2002 Legislative Agenda document 9/01, placed in "Active" section of Action Agenda and placed in Policy/Principles 9/02. Telecommunications/Utility Relocations - authority over local rights-of-way and to charge wireless fees Amended 9/99, 9/00, included in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action Agenda 9/02. Utility relocation provision amended 9/00, included in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action Agenda 9/02, amended 12/03. Transportation - state and regional transportation packages Adopted 9/01, placed in "Active" section of Action Agenda 9/02, amended 12/03. Transportation - local transportation funding needs Amended 9/01, placed in "Active" section of Action Agenda 9/02, amended 12/03. Transportation Permitting Efficiency & Accountability Committee (TPEAC) Placed in "Support" section of Action Agenda 12/03. Unfunded Mandates Prevention Amended 9/00, 9/01, placed in Policy Document and "Support" section of Action Agenda 9/02, amended 12/03. Voter Registration Maintenance fees- should be limited to actual cities' costs Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Water Resource Management - support continued financial assistance, authority of suppliers to manage for future water needs Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02. Workers' Compensation Reform - Support of Placed in "Support" section of Action Agenda 12/03. Youth Programs - funding for, especially in reduCe youth violence Included in 2002 Legislative Agenda docL~ment 9/01, placed in Policy/Principles 9/02. Federal Issues Catalog and Internet Taxation - support congressional action allowing states and localities to collect sales tax on transactions Adopted 9/01. Community Development Block Grants - support/protect funding for Adopted 9/01. COPS & Local Law Enforcement Block Grants - support/protect funding for Adopted 9/01. Homeland Security Funding Added to Federal Issues list 9/02. Land and Water Conservation Fund - support full funding for Adopted 9/01. TEA-21 -- support funding, efforts to streamline projects, Federal Way demonstration projects Adopted 9/01. Third Runway and Airport Communities Coalition - support full/impartial review of Port of Seattle project-related permits Adopted 9/01. MEETlNG DATE: December 16, 2003 CITY OF IrEI)ERAL WAY City Council AGENDA BILL SUBJECT: Community Center 2% for Art Opportunities / ~] CONSENT [] OIIDINANCE I Amount Budgeted: $ [] RESOLUTION [] PUBI,IC HEARING ] Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTItER / Contingency Req'd: $ ATTACHMENTS: Committee Action Form Dated December 1, 2003; Community Center 2% for Art Opportunities SUMMARY/BACKGROUND: In October 2003 the Art Commission began the process of identifying public art opportunities for the 2% for art funds generated for thc new Community Center. The Art Commission has conducted a series of three workshops to develop the conceptual framework and to determine and prioritize art opportunities. The proccss involvcd participation and fccdback from rcprcscntativcs of thc projcct tcam and was facilitated by a public art consultant from the Cultural Development Authority of King County. The Arts Commission approved the attached rccommendation for Council review at thcir November 6th mecting. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to accept the items listed below and place these items before Council on December 16, 2003: 1). Approvc thc cstimatcd projcct budgct of $270,000.00. 2). Authorize staff to develop an artist prospectus for the Lead Artist element for a estimated project budget of $140,000 in either the Exterior Entrance Lobby/Community Wing, or the Exterior Entrance. PIIOI'OSED MOTION: "I move approval of the Community Center 2% for Art Opportunities as presented". (BELOW TO BE COMPLETED B Y CITY CLERKS OFIClCE) COIINC! ! ~ ACT! ON: [] APPROVEI) [] DENIED [] TABLE1)/I)EFERllE1)/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinances only) COUNCIL BILL # I s, reading Enactment reading ORI)INANCE # RESOI,UTION # REVISED - 0511012001 B.C CITY OF I~'EI)ERAI~ WAY PARKS, RECREATION AND CUI,TURAI, SERVICES MEMORANDUM Date: To: From: Via: Subject: December 1, 2003 PRIISPS Council Committee /~x,/]~ ' Mary Fabcr, Recreation and Cultural Sc~.~icg~ Superintendent David Mo~Managcr Commuuily C~nter 2% for Art Opportunities Background In October 2003 the Art Commission began the process of identifying public art opportunities for the 2% for art funds generated for the new Community Center. The Art Commission has conducted a series of three workshops to develop the conceptual framework and to determine and prioritize art opportunities. The process involved participation and feedback from represcntatives of the project team and was facilitated by a public art consultant from the Cultural Development Authority of King County. The Arts Commission approved thc following recommendation for Council review at their November 6th meeting. CONCEPTAI, FRAME WORK The underlying concepts and thematic direction described hcrc will inform thc artwork commissioned for thc Community Center. The Federal Way Art Commission's goal is to integrate art into the Community Center that expresses thc spirit of Fedcral Way. The artwork should enhance and inspire pride and a sense of ownership for the citizens of Federal Way. The artwork should welcome the people who come to participate in thc centers many activities. The art will emphasize this place as the heart and hearth of the community. Themes and Concepts The heart of Federal Way A place for all ages and abilities to rejuvenate and energize A gathering place, a hearth that is welcoming, friendly and comfortable A natural setting that reflects the character of the northwest 11. ART OPPORTUNITIES The extent of the public artwork that will bc created for any of the opportunities outlined below will be based on schedule, funding and resource allocation. Typically integrated artwork is a marriage of art enhancement money coupled with a base construction budget. The sites and opportunities described reflect the Art Commission's itemized priority for allocating the budgeted 2% for art funds for the Community Center. The Arts Commission supports featuring artwork in thc most visible public locations. 1. Entrance Lobby / Community Wing Described as the axis or "hearth" of the facility, a spacious path through the main cntrm~ce and lobby to a view of the woods at the east end and the hallway and gallery area toward the banquet and patio facility. This is where all who enter are first exposed to the interior space. Elements include the reception area where guests and members make inquiries and find navigation and schedule information and a large glass wall looking into the swimming area with seating for small gatherings and waiting. Guests will be ablc to see through to thc natural wooded area and sit in comfortable seating near a grand fireplace. Thc Community Wing consists of a hallway terminating at a gallery under a high ceiling skylight leading gucsts to the banquct hall and patio terrace. 2. Exterior Entrance This art zone includes thc pcdcstrian path through thc parking lot and drop off to the main entrance. This site has both the opportunity for pedestrian interest providing intimate detail as well as the drive by experience. A pedestrian path leads guests through the parking lot, across thc drop off drive and up to the main entrance. This art opportunity includes thc retaining wall running from the northwest edge of the property curving to the southcast edge of property bclow the roadbed of 333rd. This site should be attractive and inviting during thc day and be activated by light for nighttime use mhd public safety concerns. This exterior zone is appropriate for consideration of a water feature; however, a water feature will require additional design consulting fees and dedicated resources from the construction budget. A water feature will also require additional public art consulting fccs and a larger portion of thc art budget dedicated to thc water fcaturc resulting in less funds for additional artworks. Thc City should also consider the long-term maintenance costs associated with water feature clcmcnts. 111. ARTIST SELECTION A lead artist will be selccted through and open compctitive process to begin collaborating with architects and project managcmcnt. In order to successfully integrate thc art and maxi~ni×c project resources, thc artist needs to be under contract by February 2004. The selected artist will be cxpcctcd to work collaboratively with the design team, to develop an overall concept and design for thc Community Center art zones described above. IV. ART BUDGET Description Option l-Entrance Lobby/Community Wing $ 27,000 Option 2- Exterior _ Entrance Public Art Consultm~t $ 37,000 Public Art Maintenance Fund $13,500 $13,500 Lead Artist/Team Design & $140,000 $140,000 Artwork* Artist Made Building Parts $ 69,500 $ 26,000 Artwork* Project Contingency $ 20,000 $ 20,000 Construction Infrastructure- N/A $ 21,000 Electrical Plumbing Architect and Engineering N/A $ 4,000 Pump and Fountain Equipment N/A $ 8,500 Total $270,000 $270,000 *Lead Artist/Team: An artist/team will develop a major artwork element with the 2% for Art budget and construction credits and assist the outlining opportunities for Artist Made Building Parts (AMPB) with the design team. *Artist Made Building Parts: An artist/s will work with design team to fabricate artist made building parts such as light fixtures railings, benches, etc. Project funding is through the 2% for Art Fund and utilization of construction credits. Committee Recommendation: Motion to recommend to Council a "do pass" to accept the items listed below and place these items before Council on December 16, 2003: 1). Approve thc estimated project budget of $270,000.00. 2). Authorize staffto develop an artist prosp, qc. tps for the Lead Artist element for a · . ~ ~ ~ ~ ~..~ . . estimated project budget of $140,000 ~n t~e l~ntrance Lobby/Commumty W~ng~ ~ Build!rig ..... c~cment ~ r' w ...... ~ .... ~, .... Corn~fit~e Member i:/artscom/counilnfo/2003/commccntcr2%forArtOpps. 11.03 MEETING DATE: December 16, 2003 ITEM# ~___/~__~_. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Cooperative Agreement Among City of Federal Way, King County and the Commencement Bay Natural Resource Trustees CATEGORY: [] CONSENT [] ORI)INANCE [~ RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IM PACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee Action Form Dated Deccmbcr 1,2003; Coopcrativc Agreement Among City of l:cdcral Way, King County and the Commencement Bay Natural Resource Trustees SUMMARY/BACKGROUND: On April 1,2003 the Federal Way City Council approved a proposal from the Friends of thc ltylebos Wetlands (thc Friends) to accept donations of land within thc West Hylcbos Creek Habitat south of S. 356th Street and west of Pacific Highway, for the purpose of open space and conservation purposes. The Cooperative Agreement among the City of Federal Way, King County and the Commencement Bay Natural Resource Trustees identifies the purchase of one of the seven parcels identified by the Friends as an essential acquisition for the protection of the salmon habitat within the West Hylebos Creek. The purpose of the Cooperative Agreement is to identify the rights and responsibilities of the Parties regarding the West Hylebos Acquisition Property and the restoration project potentially to be developed on it. CITY COUNCIl, COMMITTEE RECOMMENI)ATION: Move to recommend to Council a "do pass" to aulhori×c thc City Managcr to sign thc Coopcrativc Agrccmcnt Among thc City of Fcdcral Way, King County and thc Commencement Bay Natural Resource Trustees regarding the West Hylebos Acquisition Restoration Project and to place this item on Council's December 16th Consent Agenda. PROPOSEI) MOTION: "1 move approval of the Cooperative Agreement Among City of Federal Way, King County and thc Commcnccmcnt Bay Natural P, csourcc Trustccs as prcscntcd". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIi~ ACTION: [~] APPROVED [] DENIED COUNCIL BILL # 1 ST reading [] TAI~I.EI)/I)EFEItREI)/NO ACTION [] MOVED TO SECOND IlEAl)lNG (ordinances only) Enactment reading ORI)INANCE # RESOI.UTION # REVISED- 05/10/2001 5oF CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM TO: VIA: FROM: DATE: SUBJECT: PRHSPS Council Coanmittec Jennifer Schro*der, Dir~ctor,Y December 1, 2003 / COOPERATIVE AGREEMENT AMONG CITY OF FEDERAL WAY, KING COUNTY AND THE COMMENCEMENT BAY NATURAL RESOURCE TRUSTEES Background On April 1, 2003 the Federal Way City Council approved a proposal from the Friends of the Hylebos Wetlands (the Friends) to accept donations of land within the West Hylebos Creek Habitat south of S. 356th Street and west of Pacific Highway, for the purpose of open space and conservation purposes. Thc Friends, working with King County and the Cascades Land Conservancy (the partnership) are actively raising funds and negotiating acquisition of 7 specific parcels within the West Hylebos Creek. The Cooperative Agreement among the City of Federal Way, King County and the Commencement Bay Natural Resource Trustees identifies the purchase of one of the seven parcels identified by the Friends as an essential acquisition for the protection of the salmon habitat within the West Hylebos Creek. The property to be acquired is identified in the agreement as the "West Hylcbos Project," is currently owned by thc Federal Way School District and is recorded as 32.81 acres. A parcel map is included with this memorandum. The purpose of the Cooperative Agreement is to identify the rights and responsibilities of the Parties regarding the West tlylebos Acquisition Property and the restoration project potentially to be developed on it. Acquisition King County will purchase the property from two funding sources: King County Conservation Futures and from natural resource damage funds from the Commencement Bay Natural Resource Trustees. Maintenance King County will transfer the property to the City of Federal Way. Federal Way upon completion of thc transfer will accept property ownership. The City would be the responsible party to perform ordinary upkeep and maintenance of the property, as we currently do with city owned open space. Use Activities may be conducted on the West Hylebos Acquisition Property that are in accordance with the terms and condition of applicable laws, regulations and permit requirement. Any restoration project plan developed by the trustees in consultation with the City of Federal Way and King County for the site would be consistent with the purpose of providing habitat value. Section IV. B 2 entitled West Hylebos Acquisition Property Use describes examples of consistent uses and non-consistent uses. Staff Recommend ation In the City's Comprehcnsive Plan therc are three Natural Environmental Goals and Policies that provide the basis to support acceptance of the proposed agreement and donation to thc City of Federal Way. They are: NEP6: The City encourages private donations of land or conservation easements for sensitive areas and their associated buffers. NEG13: Develop an open space network throughout the city and with adjacent jurisdictions. NEP77: The City should identify an open space plan and develop a program to acquire or accept donations of these areas for preservation. It also should be noted that accepting this agreement would eliminate the need for the city to purchase easements that are necessary to move forward with the Public Work's stream restoration project ongoing in this portion of the West Hylebos Creek. The City's Attorney Office, Public Works Surface Water Division and the Parks Department have all reviewed the attached draft. Staff recommends authorizing the City Manager to sign the Cooperative Agreement. Committee Recommendation: Move to recommend to Council a "do pass" to authorize the City Manager to sign the Cooperative Agreement Among the City of Federal Way, King County and the Commencement Bay Natural Resource Trustees regarding the West Hylebos Acquisition Restoration Project and to place th this item on Council's December 16 Consent Agenda. APPROVAL OF COMMITTEE REI'ORT: ~, Committee C41air C~m n~_ittc, gg Member Corm mit((ee Member COOPERATIVE AGREEMENT AMONG CITY OF FEI)ERAL WAY, KING COUNTY, PUYALLUP TRIBE OF INDIANS, MUCKLESHOOT INDIAN TRIBE, WASHINGTON DEPARTMENT OF ECOLOGY, WASItlNGTON DEPAIlTMENT OF FISH AND WILDLIFE, WASHINGTON DEPARTMENT OF NATURAL RESOURCES, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF THE INTERIOR, U.S. FISH AND W1LDLIFE SERVICE AND BUREAU OF INDIAN AFFAIRS REGARDING THE WEST HYLEBOS ACQUISITION RESTORATION PROJECT 1. PARTIES This Agreement is entered into among King County, the City of Federal Way, and the Commencement Bay Natural Resource Trustees (Trustees) consisting of: The Puyallup Tribe of Indians (Puyallup Tribe); The Muckleshoot lndian Tribe (Muckleshoot Tribe); the Washington' Department of Ecology (Ecology) as lead state natural resource trustee; the Washington Department of Natural Resources (WDNR); the Washington Department of Fish and Wildlife (WDFW); the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce; and the U.S. Department of the Interior (DOI) including the U.S. Fish and Wildlife Service (USFWS) and the Bureau oflndian Affairs (BIA). King County, the City of Federal Way and the Trustees collectively shall hereafter be identified as the Parties. This Cooperative Agreement concerns the management and use of property provided to the City of Federal Way. The property has been acquired with funds provided by King County and the Trustees. il. RECITALS A. The Trustees, acting under applicable state, federal and tribal law, enter into this Cooperative Agreement in furtherance of their general responsibilities to restore, replace and acquire the equivalent of natural resources of the Commencement Bay environment injured by releases of hazardous substances. B. The Trustees are also parties to a Memorandum of Agreement Regarding Natural Resource Damage Assessment in the Commencement Bay, Washington Environment (MOA), including its First Supplement concerning Coordination in the Use of Natural Resource Damage Assessment and Restoration Planning Contributions and Application of Natural Resource Damage Recoveries (MOA Supplement). The MOA Supplement provides that the Trustees may enter into separate agreements or memoranda of understanding to define their respective roles and responsibilities regarding habitat restoration projects undertaken by or on behalf of the Trustees. As between and among the Trustees, the terms of this Cooperative Agreement are intended to apply in addition to those of the MOA and the MOA Supplement, the terms of which are hereby incorporated by reference solely for purposes of defining the rights and relationships among thc Trustees. C. As a consequence of settlements of natural resource damage claims against several parties, the Trustees have obtained funds, real property and commitments of in-kind services to be used for natural resource restoration purposes. Thc Trustees have adopted the Commencement Bay Natural Resource Damage Assessment Restoration Plan (Commencement Bay NRDA Restoration Plan) to guide use of the funds, property and services, and have begun implementing the Commencement Bay NRDA Restoration Plan by identifying potential restoration projects and suitable project sites. D. Among the proposed restoration project sites identified by the Trustees is a property along Hylebos Creek, a tributary to Commencement Bay, known informally as the West Hylebos Acquisition Property. The property is located at Pacific Highway South at South 359th Street in King County, Washington, and consists of a single tax parcel (King County Assessor's Office Tax Account # 2921049023). Through a resolution of the Trustee Council (Resolution 2003-04, adopted March 11, 2003), the Trustees have agreed to partner with the King County Conservation Futures Program and the City of Federal Way in acqtiiring the acquisition of the West Hylebos Acquisition Property by contributing natural resource damage funds toward thc purchase price. E. Under the authority of RCW 84.34.200-84.34.250, and King County Code Chapter 26.12, King County has established a Conservation Futures Fund Program, through which King County uses earmarked property tax receipts to acquire rights and interests in open space, wetlands, habitat areas, farm, agricultural and timber lands. Per King County Code 26.12.010, property or rights acquired under the Conservation Futures Fund l'rogram are to be~ject to covenants and property restrictions to run with the land in perpetuity and in fulfillment of requirements necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use or enjoyment. King County is authorized to transfer property or rights acquired under the Conservation Futures Fund Program, subject to such covenants and property restrictions, to a city, state or local governmental agency empowered to hold fee simple or other interests in land on behalf of the public. F. The City of Federal Way has adopted goals and policies in its Comprehensive Plan, adopted pursuant to thc Growth Managemcnt Act, that encourage the acquisition and development of parks within the City, and acquiring the West Hylebos Acquisition Property would further thc goals and policies of that Plan. G. The purpose of this Cooperative Agreement is to identify the rights and responsibilities of the Parties regarding the West t-lylebos Acquisition Property and the restoration project potentially to be developed on it. Ill. AUTHORITY This Cooperative Agreement is entered into pursuant to thc Natural Resource Trustee provisions of section 107(0 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, 42 U.S.C. {}9607(0, Section 311 of the Clean Water Act (CWA), as amended, 33 U.S.C. {}1321, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), Subpart G, 40 C.F.R. {}{}300.600 -~ 300.615, lnterlocal Cooperation Act, RCW 39.34, RCW 84.34.200-84.34.250, and othcr applicable federal state and tribal law. Thc following officials or their designees act on behalf of thc public as state, federal and tribal Trustees for natural resources under this Cooperative Agreement: The Tribal Council, or its designee, for the Puyallup Tribe of Indians; The Tribal Council, or its designee, for thc Muckleshoot lndian Tribe; The Secretary of the Interior; The Undersecretary for Oceans and Atmosphere, Administrator of the National Oceanic and Atmospheric Administration, acting on behalf of the Secretary of Commerce; The Director of the Department of Ecology for the State of Washington, as lead state Trustee, the Commissioner of Public Lands of the State of Washington, and the Director of the Washington Department ofFish and Wildlife. IV. TERMS AND CONDITIONS A. West Hylebos Acquisition Property Restoration Project. The West llylebos Acquisition Property Restoration Project (Restorm/on West Hylebos Project) consists of: (1) acquisition of the West Hylebos Acquisition Property by King County using Conservation Futures Fund monies and natural resource damage funds provided by the Trustees, (2) transfer of thc West llylebos Acquisition Property to the City of Federal Way subject to a restrictive covenant, attachcd hereto as Exhibit 1, to ensure the property will be preserved and used consistently with the purpose of this Cooperative Agreement, (3) preservation of existing habitat values, and (4) potential alterations and improvements by the Trustees of existing upland and aquatic habitat on the West Hylebos Acquisition Property, as described below in Section IV.C., to benefit fish and wildlife species that utilize the Commencement Bay environment. The overall purpose of the Restoration Project is to restore natural resources injured 'by releases of hazardous substances. This purpose will be accomplished by taking actions to protect and enhance fish and wildlife habitat at the site and by precluding inconsistent uses of the property, thereby increasing the ecosystem complexity and habitat value of Commencement Bay and its tributaries for birds, wildlife, fish and other aquatic organisms. B. Property Ownership, Usc and Maintcnancc. 1. West Hylebos Acquisition Property Ownership. King County shall acquire ownership of the West Hylebos Acquisition Property, and shall transfer ownership to the City of Federal Way subject to a restrictive covenant on the deed in the form attached hereto as Exhibit I ("Restrictive Covenant"). King County and the City of Federal Way shall cause the Restrictive Covenant with a copy of this Cooperative Agreement attached to be filed in the rcal property records for King County. It is the purpose of this Restrictive Covenant to assure that the West Hylcbos Acquisition Property will remain available for habitat restoration in perpetuity. The City of Federal Way shall take such action as is necessary to preclude use of the property inconsistent with thc purposes of this Cooperative Agreement. 2. West Bylcbos Acquisition Property Use. Activities may be conducted on thc West Hylebos Acquisition Property that are consistent with the purpose provided in Section 1V.A. above. Use of, or activity on, the West Hylebos Acquisition Property inconsistent with this purpose is prohibited and the Parties acknowledge and agree that they will not conduct, engage in, or permit such use or activity. The parties agree that activities conducted in accordance with the terms and conditions of applicable laws, regulations and permit requirements and any restoration project plan (Restoration Project Plan) developed by the Trustees in consultation with the City of Federal Way and King County for the site would be consistent with the purposes of providing habitat value in thc Commencement Bay environment, including but not limited to: construction, maintenance and adaptive management activities in accordance with the Restoration Project Plan, such as land grading, excavation, and recontouring, vegetation removal, substrate enhancement and planting native vegetation ecological surveys and research low impact recreation (wildlife viewing/observation) construction and maintenance of informational and educational signs or kiosks activities to control non-native, invasive or noxious plants and animals construction of a path or trail with construction, design, location, and of materials intended to minimize disturbance of sensitive habitat areas emergency activities to protect public health and safety designation of a parking area as needed to provide public access to the West Hylebos Acquisition Property and/or contiguous publicly owned property dedicated to similar use, provided that the size, configuration, design and elements of any such parking area shall be subject to the agreement of the Parties. The Parties agree that activities that would not be consistent with the purposes of providing habitat value in the Commencement Bay environment include but are not limited to: alteration of hydrology, including dredging, diking, draining or filling, except pursuant to thc Restoration Project Plan constructing buildings or structures not permitted above storage of vehicles, vessels, containers, equipment or other items except temporary storage of equipment or materials in use for restoration project development, monitoring and maintenance and routine site maintenance any activities causing significant water pollution, erosion or sedimentation removal or disturbance of native vegetation, except in connection with transplanting activities for further habitat restoration projects as specifically agreed among the Parties aquaculture of non-native species waste disposal or storage including sewage, manure, garbage, pesticides or hazardous waste application of fertilizers or pesticides, except pursuant to restoration project plans as specifically agreed among the Parties mining intentional disruption of wildlife planting of invasivc non-native vegetation erection of commercial billboards and signs Thc listing of specific activities herein as being consistent with or not consistent with the purposes of this Cooperative Agreement is not intended to be exhaustive. The conducting by any person of the listed activities considered consistent with the purposes of this Cooperative Agreement shall be subject to the access restrictions of Section IV.B.3. of this Cooperative Agreement. 3. West l lylebos Acqui-sition Property Access. a. At all reasonable times the Parties (or other parties specifically designated by any of the Parties) may enter and freely move about the West Hylebos Acquisition Property for the purposes of site inspection and for Restoration West H¥1ebos Project implementation, the process for which is described in Section IV.C. below, performing project monitoring or adaptive management, or carrying out the terms of this Cooperative Agreement. b. Access by the general public to any part of the West l-lylebos Acquisition Property shall be in accordance with applicable laws, regulations or ordinances and such reasonable use restrictions as thc Parties determine necessary to further the purposes of the ~xv~u~m~u~, West }lylebos Project. 4. West llylebos Acquisition Property Maintenance. The City of Federal Way shall perform ordinary upkeep and maintenance of the West Hylebos Acquisition Property. The term "ordinary upkeep and maintenance" means tasks that a prudent land manager would perform in the normal course of managing similar property. Maintenance of the Restoration Project other than ordinary upkeep and maintenance shall be dealt with under Section IV.C.1. of this Cooperative Agreement. C. Restoration Project Development, Administration and Implementation. 1. The Trustees intend to develop an as-yet undesigned habitat restoration project on the West Hylebos Acquisition Property potentially involving alterations and improvements of existing upland and aquatic habitat features. In designing any such habitat restoration project, the Trustees shall consult with King County and the City of Federal Way, and may consult with non- governmental entities including without limitation the Friends of the Hylebos Wetlands. Prior to the development of any such habitat restoration project, thc Parties will enter into a Restoration Project Memorandum of Understanding, which shall include and incorporate an agreed project design and shall address details of project administration and implementation. As between the Parties, the Trustees shall be responsible for designing, developing, implementing and constructing any such habitat restoration project for the West ltylebos Acquisition Property. 2. The Trustees shall also be responsible for any project maintenance and adaptive management activities for any such project. For purposes of this Cooperative Agreement, "adaptive management activities" means additional actions that need to be taken on the West Hylebos Acquisition Property to maintain the constructed habitat or change the habitat in some manner to meet the R~storation Wcst llylcbos Projcc! purpose provided in Scction 1V.A. above. Anticipated changes or developments that may require adaptive management include, among others, the failure of vegetation to establish or spread, substantial erosion or sedimentation that adversely alters habitat characteristics, or adverse impacts from of f site development or access to the property. Provided, however, that adaptive management to address adverse impacts that result mainly from access to and/or use of the property by employees, agents or contractors of King County or the City of Federal Way shall be the responsibility of the party responsible for causing the adverse impacts. Adaptive management to address adverse impacts that result mainly from the public's access to and or use of the property shall be the responsibility of the City of Federal Way. D. Dispute Resolution. 1. Avoidance of Disputes. The Parties agree to work cooperatively, to consult informally and to use best efforts to avoid disputes concerning the implementation of this Cooperative Agreement. 2. Notice of Dispute. If a dispute arises between the Parties concerning the implementation of this Cooperative Agreement, any party may initiate dispute resolution by giving written notice thereof to the other parties. In the case of an actual or threatened violation of the Cooperative Agreement, the notice shall identify corrective action sufficient to cure the violation and to restore any portion of the West Hylebos Acquisition Property injured as a result of the violation. 3. Informal Negotiations. Following receipt of a notice of dispute, the Parties shall attempt to resolve the dispute expeditiously and informally. If the dispute is resolved by informal negotiations, the Parties shall memorialize the resolution of the dispute by an exchange of letters. 4. Formal Negotiations - Preparation of Joint Statement of Position. If the Parties are unable to reach a resolution of a dispute through informal negotiations, after fourteen (14) calendar days following delivery of the notice of dispute described above in subparagraph 2 any party may initiate formal negotiations by providing written notice to the other parties of the notifying party's intent to develop a Joint Statement of Position. The Joint Statement of Position shall consist of a concise written statement of the issues in dispute, including the relevant facts upon which the dispute is based and the data, analysis or opinion supporting each position, and any supporting documentation on which each party relies. The Parties shall complete thc Joint Statement of Position within fourteen calendar (14) days following receipt of the formal negotiations notice, or by such later date as the Parties shall agree. Upon completion of the Joint Statement of Position, the dispute shall be referred to authorized officials of each Party for resolution. Each Party shall advise the other Parties in writing of the identity of the authorizcd official designated to participate in the dispute resolution process. The resolution agreed to by such authorized officials shall be binding upon thc Parties. The Joint Statement of Position shall constitute the exclusive factual record of the dispute in the event that thc Parties are unable to resolve the dispute and any party seeks judicial resolution. E. Removal of the Restrictive Covenant and Termination of the Cooperative Agreement. The Restrictive Covenant may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: 1. The Parties jointly agree to extinguish the restriction or release a portion of the Restore .~.W. est_ltylebos Project from thc terms of restriction, upon a determination by Trustees in their discretion in consultation with King County and the City of Federal Way that circumstances have rendered thc purpose of the Restoration West H¥1ebos Project_~ as provided in Paragraph IV.A. abov% impractical to achieve. 2. Upon petition by one or all of the Parties, a court having jurisdiction over this restriction determines by judicial proceedings that circumstances have rendered the purpose of the Restoration West Hylebos Project as provided in Paragraph IV.A. above impossible to achieve. 3. All or any of the Restomtionqh~ject West Hylebos Acquisition Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate, or other authority. The Parties shall act jointly to recover the full value of the interest in the Restoration Project West Hylebos Acquisition Property subject to the taking or in- lieu purchase and all direct or incidental damages resulting from the taking or in-lieu purchase. 4. The Parties agrce that the proceeds to which the City of Federal Way shall bc entitled after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Restoration-Project West H¥1ebos Acquisition Property, subsequent to such termination or extinguishment, shall be determined, unless otherwise provided, by Washington law. The City of Federal Way shall use such proceeds only to obtain similar substitute property acceptable to all the Parties within Commencement Bay or within the Puyallup-Carbon-White Rivers watershed closest to Commencement Bay if one within Commencement Bay is unavailable. The City of Federal Way shall impose upon such substitute property a restrictive covenant on the deed in the form attached hereto as Exhibit 1. F. Subsequent Transfer. The City of Federal Way shall: 1. Not sell, transfer or otherwise divest itself of all or any portion of the West Hylebos Acquisition Property, including, without limitation, a leasehold interest, without prior written approval of the Trustees and King County. 2. Incorporate the terms of the Restrictive Covenant by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the West Hylebos Acquisition Property, including, without limitation, a leasehold interest. 3. Describe the Restrictive Covenant in and append it to any executory contract for the transfer of any interest in the West ltylebos Acquisition Property. 4. Give written notice to Trustees and King County of the transfer of any interest in all or a portion of the West Hylebos Acquisition Property no later than one hundred twenty (120) days prior to the date of such transfer. Such notice to Trustees and King County shall include the name, address, and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the City of Federal Way to perform any act required by this Paragraph IV.G. shall not impair the validity of the Restrictive Covenant or limits its enforceability in any way. G. Notices. All notices required or permitted to be given hereunder shall be in writing and shall bc deemed given upon personal service or receipt after deposit in the United States first class mail addressed as follows: 'Fo Trustees: National Ocean and Atmospheric Administration Office of General Counsel - Natural Resources/NW 7600 Sand Point Way NE Seattle, WA 98115-0070 ATTN: Robert A. Taylor To City of Federal Way: Jennifer Schrocdcr Director, Parks, Recreation & Cultural Services City of Federal Way 33530- 1~,Way South P.O. Box 9718 Federal Way WA 98063=9718 253-661-4040 To King County: Para Bissonnctte Director, King County Department of Natural Resources and Parks 201 South Jackson Street, Suite 700 Seattle, WA 98104 (206) 296-6500 V. GENERAL PROVISIONS A. Funds Availability. The fiscal obligations of the Trustees hereunder shall be fulfilled solely from and are limited by the funds made available for such activities as a result of the resolution of natural resource damage claims for the Commencement Bay environment. Nothing in this ]VlmYmmndiiiaa of Cooperative Agreement shall be construed to require any Party to spend funds in excess of available appropriations. B. Severability. The clauses of this Cooperative Agreement are severable, and should any part of this Cooperative Agreement be declared by a court of competent jurisdiction to be invalid, the other parts of this Cooperative Agreement shall remain in full force and effect. C. .Entire Agreement. This Cooperative Agreement constitutes the entire understanding of the Parties with respect to its subject matter. D. Amendment and Termination. This Cooperative Agreement may not be amended except by written agreement of all parties to this agreement. This Cooperative Agreement shall continue in effect until it is terminated by agreement of all of the Parties. Any amendment to this agreement shall be consistent with the original purpose of the ~ Restrictive ,Covenant and shall be recorded in the real property records tbr King County. E. Execution, Effective Date. This Cooperative Agreement may be executed in counterparts. A copy with all original executed signature pages affixed shall constitute the original and shall be retained by the Trustees. The date of execution shall be the date of thc final signature of the Parties to this Cooperative Agreement. F. Default. In the event that any party defaults in the performance of any of that party's obligations under this Agreement, the non-defaulting party or parties shall have all remedies available in law or equity, but no party shall be liable for consequential damage. G. Parties Bound. The provisions of this Cooperative Agreement shall apply to and be binding upon the Parties to this Cooperative Agreement, their agents, successors and assigns. The undersigned representative of each party certifies that he or she is fully authorized by the party or parties whom he or she represents to enter into this Cooperative Agreement and to bind that party to it. IN WITNESS W}IEREOF the Parties have executed this Cooperative Agreement on the date and year opposite their signature. CITY OF FEDERAL WAY BY: David Moseley, City Manager ATTEST: Date City Clerk, N. Christine Grccn, CMC APPROVED AS TO FORM: Patricia A. Richardson, City Attorney KING COUNTY BY: Ron Sims King County Executive Date APPROVED AS TO FORM: Norm Maleng King County Prosecuting Attorney THE PUYALLUP TRIBE OF INDIANS BY: Chair Puyallup Tribal Council THE MUCKLESIlOOT INDIAN TRIBE BY: Chair Muckleshoot Tribal Council Date Date NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION BY: CRAIG R. O'CONNOR Special Counsel for Natural Resorurces Date WASHINGTON DEPARTMENT OF ECOLOGY Lead State Trustee BY: Date Approved as to Form for the Washington Department of Ecology. BY: U.S. DEPARTMENT OF TH 1,; 1NTERIOP, Date BY: Date Exhibit 1 Restrictive Covenant Notice is hereby given that the property legally described in exhibit A hereto (the West Hylebos Acquisition Property) is subject to use restrictions and other obligations enforceable by the Natural Resource Trustees for Commencement bay (enumerated in the Cooperative Agreement described below and attached hereto) and King County. The purpose of these restrictions and obligations is to ensure that the West Hylebos Acquisition Property provides habitat value to the public in perpetuity in thc Commcncement Bay environment. These restrictions and obligations are described in Section IV of the Cooperative Agreement for the West Hylebos Acquisition Property Restoration Project (Cooperative Agreement), attached hereto and incorporatcd hcrcin. Potential purchasers and lessees are further notified that, pursuant to the Cooperative Agreement, the Restoration West H¥1ebos Acquisition Property may not be disturbed in any manner that would impair or interfere with the integrity of the habitat restoration, except as provided in paragraph IV E. The restrictions and obligations described above are intended to run with the land and are intended to be binding on any and all persons who acquire an interest in the Wcst Hylebos Acquisition Property. This restrictive covenant may be removed from the West Hylcbos Acquisition Property only in the manner provided for in the Cooperative Agreement. DATED this __day of ,2003. West Hylebos Acquisition Property Owner By: Its: STATE OF WASI 11NGTON ) )ss COUNTY OF ) On this day of ,2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be of the [corporation] that executed the within and foregoing instrument, and acknowledged thc said instrument to be thc free and voluntary act and deed of said [corporation], for the uses and purposes therein mentioned, and on oath stated that ___ is authorized to execute thc said instrument and that thc seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official seal affixed the day and year in this certificate above written. NOTARY PUBLIC in and for thc State of Washington, residing at My commission expires Print Map Page Page 1 of 1 King County I Parcel Map and Data Parcel Number 2921049023 Address Zipcode Taxpayer FEDERAL WY SCHOOL DIST 210 The information included on this map has been compiled by King County staff from a ~ariety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, [imeliness, er dghts to the use of such information. King County shall not be liable for any ;~eneral, special, indirect, incidental, or consequential damages including, but not limited Io, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited .=xcept by written permission of King County." King County I GIS Center I Ne~w~s I Services I Comments ] Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc,gov/parcelviewer/Print_Process.asp 12/1/2003 CITY OF FEDERAL WAY City Council AGENDA BIIA SUBJECT: 2004 Arts Commission Contract for Services Program CATE(X)I~,Y: ~] CONSENT [] ORDINANCE [] RESOLUTION [] PUBIAC HEARING ~-] CITY COUNCIl, BUSINESS [] OTHER BUI)GET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committec Action Form Datcd December 1,2003; 2004 Arts Commission Contract for Services Program SUMMARY/BACKGROUND: The Cultural Arts Contract for Services Program is a program of the Arts Commission that funds local arts agencies who offer cultural programs within thc community. The City serves as a partner rather than a producer of arts programming which allows the City to provide cultural services at a very reduced cost. Local arts agencies complete an application; the Commission reviews thc applications, interviews each agency and develops funding rccommcndaft OhS. The 2004 Arts Commission budget allocated $27,700 for thc Contract for Services Program. The Arts Commission has developed a recommendation bascd on the allocated funding. CITY COUNCIl, COMMITTEE RECOMMENI)ATION: Motion to recommend to Council a "do pass" to approve thc recommended funding for the 2004 Contract for Services Program and place this item before Council on January 6, 2004. PI~,OPOSED MOTION: "1 move approval of the 2004 Arts Commission Contract for Services Progam as prcsentcd". (BELOW 1'19 BE COMPLETED BY CITY CLERKS OFFICE) COUN CI 1, A CTI ON: Alq~IIOVI~;I) I)ENIEI) TABIA~;I)/I)EFEP, I~,Ei)/NO ACTION [-I MOVED TO SECONi) REAl)lNG (ordinances only) COUN(¢II~ BII~I~ ~/ I s'r reading Enactment reading ORI)INANCE # RES()I,UTION # 5.B CITY OF I~'EI)ERAI, WAY PARKS, RECREATION AND CULTURAl, SERVICES MEMORANDUM Date: To: From: Via: Subject: December 1, 2003 PRIISPS Council Committee Mary Faber, R~rae~ion and Cultural Spe~ii:e~ Superintendent David M ose3e~'~y XM an a get 2004 Arts Cont'inission Contract for Services Program Background: The Cultural Arts Contract for Services Program is a program of thc Arts Commission that funds local arts agencies who offer cultural programs within the community. The City serves as a partner rather than a producer of arts programming which allows the City to provide cultural services at a very reduced cost. Local arts agencies complete an application; the Commission reviews the applications, interviews each agency and develops funding recommendations. The 2004 Arts Commission budget allocated $27,700 or the Contract for Services Program. The Arts Commission has developed a recommendation based on the allocated funding. Organization Rccommcndcd Funding I[Aria Dance Company -- 2.45~--~-~ -- ;, ,::;,l"... ,' I .'.",' '~", ', ' ",,,' ...',. . ' ' · I .', , . .' , q .;;,'. ] ,'.:,'; .. '.'... ~' ;,.: '.','.' .. :., i~.' .' ';.... Total $27,700 Committee Recommendation: Motion to recommend to Council a "do pass" to approve the recommended funding for the 2004 Contract for Services Program and place bcforc Council on January 6, 2004. APPROVAL OF COMMITT 4EFf-R~ORT:~''''''~ II C~n'ittce Chail Member Com6fitt{~ Member MEETING DATE: December 16, 2003 ITEM#~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT' ~ ~'% CATEGORY: X CONSENT [] RESOLUTION [] CITY COUNCIL BUSINESS [] ORDINANCE [] PUBLIC HEARING [] OTHER BUDGET IMPACT'~/~~ Amount Budgeted: v $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Third Amendment to the SeaTac Mall Police Services Agreement and the PRHS&PS memo from Chief Anne Kirkpatrick requesting approval of the Agreement. Also attached, is the original Agreement with Exit "A", and both the First and Second Amendments and routing slips. SUMMARY/BACKGROUND: The City of Federal Way and the Steadfast Companies, a California corporation, which is the owner of the SeaTac Mall, entered into an Interlocal agreement for the City to provide police services to the Mall. The original agreement was effective November 29, 1996; first amendment November 29, 1997; and second amendment January 1, 2000. The City and the Mall desire to amend the Agreement to continue the Services described in Section 1 of the Agreement, by increasing the compensation to address the increasing labor costs. Section 4 of the Agreement shall be amended to provide that the Mall shall pay to the City in 2003, an amount not to exceed Five Thousand Three hundred and Seventy- nine dollars and no/100 ($5,379.00) per month ($64,548.00 annually); and in 2004, an amount not to exceed Six thousand Five hundred and Fifty-two dollars and 41/100 ($6,552.41) per month ($78,629.00 annually). All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. CITY COUNCIL COMMITTEE RECOMMENDATION: At the December 8, 2003 Parks, Recreation, Human Services and Public Safety Committee meeting, it was recommended that the Third Amendment to the SeaTac Mall Police Services Agreement be forwarded to the City Council for consideration at the December 16, 2003 meeting. PROPOSED MOTION: I motion to approve the Third Amendment to the SeaTac Mall Police Services Agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5.D City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY To: From: Via: Date: Subject: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of Police &'~" '7~. David M~~/~nager December 1, 2003 Third Amendment to the SeaTac Mall Police Services Agreement Background: The City of Federal Way and the SeaTac Mall have entered into an Interlocal Agreement for Police Services. The original agreement was effective November 29, 1996; the First Amendment November 29, 1997; the Second Amendment January 1, 2000; and now the Third Amendment to the SeaTac Mall Police Services Agreement is proposed to extend the Mall's desire to continue the contract with the City to provide police services. The Mall shall pay to the City compensation in the following years: A. Year 2003: An amount not to exceed Five Thousand Three Hundred and Seventy-nine Dollars and no/100 per month. B. Year 2004: An amount not to exceed Six Thousand Five Hundred and Fifty-two Dollars and 41/100 per month. Committee Recommendation: Motion to approve the authorization for the City Manager to enter into the Third Amendment to the SeaTac Mall Police Services Agreement, and forward this amendment to City Council for approval at the December 16, 2003 City Council Meeting. APPROVAL OF COMMITTEE REPORT: Committee ChatS' Co ber (~on~mit~e Member l/Projects/EVOC Trailer purchase THIRD AMENDMENT TO THE SEATAC MALL POLICE SERVICES AGREEMENT DRAFT This Third Amendment ("Amendment") is dated effective this day of July, 2003, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Steadfast Companies, a California corporation ("Mall") which is the owner of the SeaTa¢ Mall ("Property"). A. The City and the Mall, under the ownership of Sea-Tac Mall Associates, entered into an Agreement for SeaTac Police Services dated effective November 29, 1996, as amended by First Amendment dated effective November 29.1997, and by Second Amendment dated effective January 1, 2000, whereby the City agreed to provide police services for the Property ("Agreement"). The Mall desires to continue the contract with the City for police services. The City and the Mall desire to amend the Agreement to continue the Services described in Section 1 of the Agreement, by increasing the compensation to address the increasing labor costs. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Services. Exhibit "A" Scope of Services, Section 1 is amended as follows: 1. The City will provide to the SeaTac Mall two (2) full time, experienced police officers ("Contact Officers" to provide security for the Property, its businesses, tenants and customers and its premises. These officers will work in conjunction with private security or other police agency representatives employed by the Mall or any of its stores or tenants. Officer coverage (number of shifts worked) may be reduced based on the level of compensation provided to the City (less than 50% cost of officers), Compensation. Section. ,4 of'the Agreem'..e.nt.; shall .be,'mended, to' provide:.th~t..the Mall shall pay to the City compensation.in the':fo!lowing.years~ Year 2003: An amount not to exceed Fi..ve.thou~and ..Three hundre, d mad seYenty- ~,' . ' ' ~ ' ' ' . ' ,' ~; ~'" ,'~i."' ~;, ' ~. ' ,,~,4~::!:!' , . ..... ',' ,. ~,' rune dollars and no/l'.00 .($5,379.00) perl...mont!i:!($64,548.00'annually): The ' 0 o City s 50~ coot fr~r the dfficers is Six th~.,S~n,~:.F°,m~:hundred and.~S~;qeriteen , ~!,, ', ,' , '~ ' .,' ,':' i~ii,,.,: ~. !~,~. "~I~, ' ,'iI,?~,F,'',: · , . : ,~ ?,L" '. '~· dollars and"no/100 ($6,417:00) per mcsftffi"($?'7,0.04.00 annually); The' City. will reduce officer coverage in 2003 by six (,6):10-h6iir shifts Per month based on the reduced compensation provided by the Mall. An ~a..m0g~t not' to ex,ceed'...S~ t..ho~, d .F...!.¥,,~ hund..re.d and Fffiy{two and 41/100 dollars ($6,55~¢2[1) per ~&itlx ($78:~i29~0~ afinually)., - 1 - Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY ATTEST: By: David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 APPROVED AS TO FORM: City Clerk, N. Christine Green, CMC Patricia A. Richardson, City Attorney STEADFAST COMPANIES (Signature) (Name) (Address) (Phone) K:\S eatacLMall\3rdamend - 2 - nA?~ IN: InATE OUT: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR C~ONTRACT PREPARATION/CIOCUMENT REVIEW/;=IiI~NATURIE ROUTINI3 GtL, IP OF~irJINATINQ DE~T,~IV.: I · - 0 DOCUMENT REQUESTED [CHECK ONE)~ P~N~ ~ERVtCE M~I~ENANC~ A~EEME~ ~LIC WORK~ CON~&CT B~ P~UC W~KB CON~ACT [~iil THAN DATE RBQ, BY: [] RIAL EBTATE I~'URCHAEE ~. ~AI.i~I AQflliMINT [] BIECLJFIITY DOCUMENT [] CONTRACTOI~ 6Bt. EG'riON DOCUMENT (E,O,~ RFil RFP) CONTRACT AMENDMENT 10. BELECTION PRO[ElSE UB~D [CHEr~-K ONEJ.- [] ~i~JEIT FOR BIDE [] RE(~UEIT FOR ~UOTII [] Ri~JEIT FOR I~FIOPO~ALI [] qicliaEIT FOR [] AFICMI'TICT lo ENOINffR I. IET [] BMA~ WC~Ki ROI~R I 1 · CONTRACT REVIEW [] LAW [ALL, C~NTRAC:Ti] [] HUMAN IIRVICI~ I I · CONTRACT BIONATURE ROUTINg INITIAUI~ATE /l~OI;ll~ OVl[r~ SECOND AMENDMENT TO AGREEMENT FOR SEATAC MALL POLICE SERVICES This Second Amendment ("Amendment") is dated effective this lS' day of January, 2000, and is entered into by and between the City of Federal. Way, a Washington Municipal Corporation ("City"), and the Sea-Tac Mall Associates, a Washington limited parmership ("Mall") which is the owner of the SeaTac Mall ("Property"). The City and the Mall entered into an Agreement for SeaTac Mall Police Services dated effective November 29, 1996, as amended by the First Amendment dated November 29, 1997, whereby the City agreed to provide police services for the Property ("Agreement"). The City and the Mall desire to amend the Agreement to continue the Services described in Section 1 of the Agreement, by increasing the compensation for providing the services. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Compensation. Section 4 of the Agreement shall be amended to provide that the Mall shall pay to the City Four Thousand Seven Hundred Ninety-one and 67/100 dollars ($4,791.67) per month from January 1, 2000 through June 30, 2000 for a total of Twenty-eight Thousand, Seven Hundred fifty and 02/100 dollars ($28,750.02); and Five Thousand Three Hundred Seventy-nine and 00/100 dollars ($5,379.00) per month commencing July 1, 2000 and thereafter until amended by a future agreement. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. By: I~vid H. l~oseley, City Man. j~er 33530 1s' Way South Federal Way, WA 98003 '"-ATTEST: --", ~ CitytClerk, N.~hristi~e ~re~n,'CMC ORIGINAL APPROVED AS TO FORM: I~ondi K. Lind~ll, C'i~y-~Attomey By: By: Its: H.M.A. Enterprises -Sea-Tac Mall L,P., a Delaware Limited Partnership N.T.L. Sea-Tac Mall, Inc. a Delaware Corporation General Partner President 249 E. Ocean Boulevard, Suite 300 Long Beach, CA 90802 K:\policcks,'atac2.mal SEATAC M'A" L" L June 10, 1999 Lt. lan I. Canaan Department of Public Safety City of Federal Way P.O. Box 4956 34008 9~ Ave. S. Federal Way, WA 98063 RE: Mall Officer Compensation Ian, I am in receipt of your letter da_t_~d June 1, 1999 concerning the compensation for the officers that are assigned to the Mall. I agree with you in adjusting the renewal date to January 1~ of each year, as that also coincides with the commencement date of 6ur annual fiscal year. I would ask though, since the proposed increase for the Mall officer~ represents a 29% increase over the current rate paid by the Mall, if it would be possible for the Mall to pay the 50% match increase in tl~ officers rate in two steps for the year 2000. I propose that on January 1" that we pay a monthly fee of $4,791.67, and on July 1'~, we pay a monthly fee of $5,379.00; This step approach would briug the 50% match to thc current pay rates by July 1". Beginning with January 1" of 2001, we would than pay 50% of the current officers rate as of that date. ' .-:.' .'~ :' If you could provide this information to Chief Wood it would be iippn:~iated. I'f youwould like to discuss this proposal in greater detail, or have any question, please advise. ~'Robert D. F[iday General Manager 1928 5outh 5eaTac Mail,Federal Way, WA 98003'.Fax Management Office (253) 839-61561'Marketing Office (253) g46-1413 ' '~?:.:~'- (253) 9'41:-9'238: ': ". ;". CITY OF' I"/'F'DERAL WAY LAW DEPARTMENT FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING -qLIP 4, TYPE DF DQ~UMrNT RI:IgUI:IITE:D (CH~I3K ON[}; I~ PI~DFEliIIDNAL I~ENVIO[I ABRI:EHI'NT (~ HAINT~4ANGE/LAIOR ArBNEbI'NT [:] PUILID W~3RKI CI::iNT~I~IG=T I~ 8MJJ. L PUli. ID WDI~KI C, DNT/~CT r~ REAl. K'BTA*Tr PURGNAIE ORIOINATINCi O~PT~DIV,: ~ (-L~ ~ O.,o,.AT,.O "TA.' ,'.'..O--; "J -- "XT: '/7 '0 --. / o/z:,c)/9-7 r: C=DNT~'TDN IELI:~I'IQN DnDUMENT £ TYPE glr pIrRNOIN OR ENTITY (13HI~CK ON[): [] INDIVIDUAL [] ~IOL~' PgOPIilLrTDIIIIHIP glTATr; TAX 113~l~/ImB~l [-~ PARTNERiHifl [] IN-rtRpDRATIGN '7. BCOFE OF' WORK: ATTACH rXHIIIT A - A COMPLETE AND DETAILED DESCRIPTION Dr THE BERVIC£B DR WORKt INC]/UOINra COMPLETION DATE~I FOR IrACH ImHABE OIr WORK AND I. DCATION 9, TOTAl,. I,~OIq,41=ENI~ATION: ~d~. (INCZLUDEI l;Xlme'NIl~l AND ~ALIE! TAX~ II=' ANY} RrlMIURIABLE I"XPENB[I: [] YEa [::] ND IF' Yrl~. MAXIMUM DOLl. AR AMOUNT; Iii EAI--LPB TAX OWLrO? 0 Yr8 O NO IF YarB1 ~ PAID BY: [] CONTRACTOR 0 CITY ~ AIII~HITe'CT & ENOIN[~R L. IBT 1--] 8MALl WC311KB RO~iT[N 1 I. CONTRAr-T REVIEW I NITIAt,/DATI: Al" I"ROVI'I~) DIR[GTDII. ~LAW ~kLL CONTRALTI) Rill( MANAr~EMENT PUROHAIINO 12. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED ]""the ~ompehsat~on on, ; terms as described in Section except that co~nencing ] on November 29, 1997, payments will be made on a monthly basis instead of on ..a quarte.rly bas~s. AGR~IF, NT FOR SEATAC MALL POLICE SF, RVICES This First Ameadment ('Ameadment') is dated effective this 29th day of November, I997, and is entered into by and between the City of Federal Way, a Washington municipal corporation ('City'), and the Sea-Tac Mall Associates, a Washington limited partnership("Mall") which is the owner of SeaTac Mall ('Property"). A. The City and the Mall entered into an Agreement for SeaTac Mall Police Services dated effective November 28, 1996, whereby the City agreed to provide police services for the Property ('Agreement"). B. The City and the Mall desire to amend the Agreement to extend the term of the Agreement. NOW, THERF~ORE, the parties agree to the following terms and conditions: 1. Team. Section 2 of the Agreement shall be amended to provide that the Agreement shall automatically renew every year, unless otherwise indicated in writing by either of the Parties, pursuant to Section 3 of the Agreement. I 2. C.~:~I. ~n con~.[ .d~..tion of the extension of the term, the. Ma[lo~ ~ .pay ~ the 3. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED thc effective date set forth above. CITY OF FEDERAL WAY BY: ~K~nnetll E. N~berg, City Manager ~ 33530 1st Way South Federal Way, WA 98003 Cit~ Clerk, N. Christine Green, CMC ORIGINAL TO: FROM: DATE: DOUG SMITH ROSE YOUN~ DECEMBER 4, 1997 FIRST AMENDMENT TO A~REEKEHT FOR HE~T~C MALL POLICE Enclosed are two (2) copies of the above-referenced agreement containing a revision that payment will be made on a monthly basis instead of a quarterly basis. Please deliver the copies to the City and explain the revision. If they agree, have them initial the change on page 1 and sign the document. I would appreciate receiving a fully-executed copy; it does not need to be an inked copy. FIRST AMEND~ TO AGREEMENT FOR ,~.ATAC M.~LT. NT~TCE SI~VICF.8 Thh First Amemhmnt CAmmtm~t') is ~ e~Yec~ive this 29th day of ~, ~, ~a~~ by~~ ~ of F~ Way, a W~ m~ ~~ ('~"), ~ ~ ~ ~ ~, a W~ ~m~ ~~p('~') w~ is ~ ~ of S~T~ ~ ('~'). A. The City nmi the ~ ChUn'ed into an Agreement for SeaTac M~I Police Servke~ dated effective November 28, 1996, whereby the City agreed to provide police services for the Property ('Alp'cement"). B. The City and the Mall desire to amend the Agree~nent to extend the term of thc Agreement. Now, tue to onow s d fio s: I. Term. Section 2 of the A~eement shall be tmended to provide that the Agmement shall ~y renew every year, unkss ~ indicalzd in writing by either of the Parties, p~t to Section 3 of the Agreement. 2. l~llil~lla~. In ccngd~tion of the extension of the term, the Mall will pay to the City ~0,000.00 for ntch year that the Agreement is in effect, pursuant to Section 4 of the A~ent, and commmcing on Novembcr 29, 1997. 3. Full Force _and ~t'ect. AIl othei' terms and conditions of the Alreement not modified by this Amendment shall renmin in full loire and effect. DATED tl~ effective date set forth above. CITY OF FED~ WAY By: 33530 1st Way South Federal Way, WA 98003 ORI61NAL APPROVED AS TO FORM: City Attorney, Londi K. Lindell H.M.A. Enterprises - Sea-Tac Mall L.P., a Delaware limited partnership By: N.T.L. Sea-Tac Mall, Inc. a Delaware Corporation General Partner President 249 E. Ocean Boulevard, Suite 300 Long Beach, CA 90802 - 2 - 33530 1ST WAY SOUTH (206) 661-4000 FEDERAL WAY, WA 98003-6210 l~lovember 26. 1997 President :fi:. :M. A. F. ntarprises - seaT~c Mall, Inc. P. O. Box 40 Lonl~ Beach, WA 90801 Contract Amendment F. nclosed, please ~nd ~he first amendment to the agreement for SeaTac l~tll,police services with the City of Federal Way. Approval of same was granted at the regular City Council meeting on November 18, 1997. The City is requesting Mr. Newman's signature on the amendment and its return for continued processing and execution. Upon receipt of all sil~ttures, a conformed copy shall be forwarded to you for your records. Should you have questions, please do not hesitate to contact me directly at (253) (561-4071. Sincerely, Bob Baker Deputy City Clerk DATE INI IDATE OUT: , CITY DF ~EDEI~AL WAy UAW DE:~PAI~TMENT R£(~IU£ST FOR CONTRACT PREPARATION/DOCUMENT F~ICVI£~//SIGNATURE ROUTING F:;LII~ 10. ORIGINATING D EPT./DIV.| ORIGINATING STAF'F` PE:RSON| TYPE OF' DOCUMENT RE:I~IUEeTEO (CHECK ONE): D PROF'£BSIONAL GI[:RVI/:]rB AGRE:rHI~NT l"1 MAiNT[NANr!r~/LABOR AeaRE:E:ME:NT ITl PUB~.IC WORKS OONTR~CT ~] ~ZMAI..~ PUBLIC WORKS CONT~ r-I pURCHASe- Ar~RA-iCF41CNT EXT:__ 3, DATE RE[~I. BY: PROJECT NAME: [-} CONTRACTOR BIrL~cTION OI~CLIMI'NT 0 CONTRACT AMrNDMrNT AG#: ~'~ EAS[I~I£NT NAME OF' CONTRACTOR= ADOR£1IH TYPE OF FIERBON OR ENTfTY (CHECK ONE); D INDIVIDUAL 0 BOLE [] pAi~rNERBHiFI I-~ f~ORPDRATION PHONE= TAX S II]NATU RE NAME; TITLIrH SCrlpE: OF' WORK| ATTACH EXHIBIT A - A COMPL, ETE AND DETAILED DESCRIPTION OF' THE SERVICE:et OR gCOPr OF' WORKi INCLUDING COMPLE~T'ION DATES F'OR IrACH PHASE OF' WORK AND LOCATION OF' WORK, TEI~M: C ri Nt M IrN C EM m'NT DATr: TOTAL COMPENSATIONH $ (mNcLUOEB rxPENetlrS AND SALTS TAX, IF' ANY| Fa. EIMBURBABLE EXPENSES= 0 YES I~ NO IF` YES~ MAXIMUM DOLLAR AMOUNT: ~ IS SAI. EB TAX OWED? [] YES [~ No Ir YE:st $ PAI~) BY: [] CONTRACTOR [] C: ITY SELECTION PROCESS UetEo (CHECK ONE): 0 R~U~BT go~ PROPOBALB 0 ~OUEST ~O~ ~UALIRICATIONB I 1. CONTRAI::IT REVIEW R'DIRrETOR [.~W {ALL CONTRACTS) CONTRACT SIGNATURE ROUTING LAw ~ PURCHASINg: ~LEA~E CHA~G~ INITIAL/DATE APPROVED ~ ~.AT E; APPROVIleD /We/ COMMENTS ,' AGRE£MENT FOR SEATAC ~%T.T. POLICE SERVICES This Agreement for Police Services ("Agreement") is dated effective this ~ day of ~o,~e~ec , 199~ . The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Sea-Tac Mall Associates, a Washington limited partnership (~Ma!.!") which is the owner of Sea Tac Mall (~Property"). A.' It is in the best interests of the citizens of Federal Way for the City's Police Depart~ment to implement a. comprehensive public safety program, which program covers all geographic areas of the City and which recognizes that increased police presence in a heavily traveled part of the City, such as the Property, is a benefit to all; and B. The City desires to contribute to citizen safety by providing additional services as represented in a police ~mini- beat" at the Property. NOW, THEREFORE, the Parties agree as follows: The City shall provide the police services more specifically described in E~ibit "A", attached hereto and inco~orated by this reference ("Services") . Except as othe~ise.provided herein,' this Agre ~ 11 co~ence on Nove~er 2~ 1996 and terminate on Nove~er2~ 1997 ("Te~") . This ~re~ent may'be 'extended for additional 'periods of time upon the mutual written agreement of the City and the Mall. Prior to the expiration of the Term, this Agreement may ~e terminated by either Party upon sixty (60) days prior-- written notice to the other Party, unless terminated sooner due to a default. 4. Compensation. In consideration of the City performing the Services, the Mall agrees to pay the City an amount equal to Fifty Thousand Dollars and no/100 ($50,000.00), calculated at a rate of Twenty-Five Thousand Dollars and no/100 ($25,000.00) per officer per year, and shall be subject to adjustments for a partial year or a reduction in the number of officers, if applicable. Payment by the Mall for the Services will be made on a quarterly basis, the first payment due prior to the inception of the Services. In the event of a reduction in the contract price, the City shall refund the difference of any prepaid amount to the Mall within fifteen (15) days after written demand. 5. Indemnification. 5.1 Mall Indemnification. The Mall 'agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent or intentional acts, errors or omissions of the Mall, its partners, shareholders, agents, employees, or invitees or by the Mall's breach of this Agreement, or by defects with the Mall's facilities. The Mall's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 5.2 City Indemnification. The City agrees to indemnify and hold the Mall, Newman Shopping Center Developments, L.P. DBA Newman Properties and SeaTac Mall Merchants Association and their respective officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the City, its employees or agents while acting under the direction of the City. - 2 - 5.3 ~. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. Independent Contractor Status. The City is performing services under this Agreement as an independent contractor, and as such, is responsible, at its sole cost and expense, for maintaining all appropriate insurance, including but not limited to, worker's comDensation insurance, and the payment of all taxes, including but not limited to state and federal income, social security, disability, and all other taxes. The City shall maintain general liability insurance in the amount of $1,000,000 single limit and $2,000,000 aggregate, which coverage includes property liability. The Mall, Newman Shopping Center Developments, L.P. DBA Newman Properties and SeaTac Mall Merchants Association shall be named as additional insureds, and the City shall furnish certificates of insurance to the Mall upon request. 7. General Provision~. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreementmay be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses s~bject to such rights to recover same pursuant to Section 5. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of either party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. - 3 - Any written notices to be given hereunder by either party to the other may be effected either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the following addresses, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after deposit, postage prepaid, in the U.S. mail. The City City of Federal Way 33530 1st Way South Federal Way, WA 98003 Attention: City Manager The Mall SeaTac Mall Associates 1928 South SeaTac Mall Federal Way, WA 98003 Attention: Manager DATED the day and year set forth above. CITY OF FEDERAL WAY Kenneth E. Nyberg_/~_City ManOr 33530 lst Wa S Federal Way, WA 98003 ~TTEST: ~ - 4 - APPROVED AS TO FORM: y~it¥ Attorney, Londi K. Lindell SEATAC MALL ASSOCIATES a Washington limited partnershiD By: Harry Newman, Jr. I~s ~ene~l Partner ~/ 249 E. Ocean Boulevard Suite 300 Long Beach, CA 90802 - 5 - EXHIBIT SCOPE OF SERVICES 1. The City will provide to the SeaTac Mall two (2) full time, experienced police officers (~Contract Officers#)to provide security for the Property, its businesses, tenants and customers and its premises. These officers will work in conjunction with private security or other police agency representatives employed by the Mall or any of its stores and tenants. 2. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Police Department and will adhere to departmental policies and procedures. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment. Contract Officers will be in uniform during duty hours and will be provided with radios, vehicle, and other regularly used police equipment. Bicycles and computer equipment may be provided, at the Police Department's option, to increase service levels. 3. The Mall may provide in-line office space, a public access kiosk, or other facilities to increase public access and visibility of the Contract Officers. Mall management may direct the security efforts of the Contract Officers on a day-to-day basis, consistent with Police Department policies, to assure continuity, coverage, and coordination of efforts; provided, however, that in the event of a conflict between Mall direction and Police Department direction, the Police Department direction shall control. 4. Hours of coverage will be flexible to address special Mall events and will be established by the Police Department in conjunction with Mall management. Contract Officers will be assigned in one (1) year increments, but may be rotated to address Police Department needs or Mall management interests. The City will provide ten (10) eight-hour shifts per week, with officer absences due to illness, time off, or training replaced by general assignment officers to maintain consistent coverage. Contract Officers will lose no benefits, assignment, training, or promotional opportunities due to the Agreement. 5. Contract Officers will combine foot patrol, vehicle patrol of the Property parking lot and perimeters, and office, booth or kiosk fixed positions to provide security, visibility, and police services. Exhibit A to Agreement for SeaTac Mall Police Services - 1 6. Contract Officers will serve within the Property interior and parking areas as a ~mini-beat" within the general geographical dispersal structure of the City, placing it as a section within a regular beat. The regular beat officer, in whose beat the Mall mini beat is placed, will provide presence and response capabilities consistent with general beat management strategies.. The Mall's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security agency representatives or private security staff in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in the Agreement. 7. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the Police Department, other officers will be dispatched as in the resolution of any similar matter throughout the City. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation, general assignment officers will relieve the Contract Officers to allow them to resume their security duties as soon as practical. Exhibit A to Agreement for SeaTac Mall Police Services - 2 MEETING DATE: November 18, 1997 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SeaTac Mall Police Services Contract Extension CATEGORY: BUDGET IMPACt: _2[. CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: Draft Agreement Extension SUMMARY/BACKGROUND: The City entered into an agreement with SeaTac Mall Corporation to provide police service.~ for SeaTac Mall. The agreement provide~ for two police officers to be stationed at the mall. The current agreement expires November 29, 1997. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 6th meeting, the Public Safety/Human Services Committee recommended extension of the agreement between the City and SeaTac Mall; the term shall automatically renew each year unless otherwise indicated, in writing, by either of the parties. The Mall will pay the City $50,000 annually for each year the agreement remains in full force and effect. CITYMANAG]~RRECOMM~NDATION: ? ' ' ~ ~ APPROVED FOR INCLUSION IN COUNCIL PACKET: ~-~-'~ (~or r. o.? co~zereo ~r czrr cz~,'s o .~.. .c~? COUNCIL ACTION: ~kPPROVED DENIED .TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:~OVERCC-5/14/9~ MEETING DATE: December 16, 2003 ITEM# _'"~'"~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Catholic Community Services - After Hours Voucher and Emergency Assistance Programs CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated November 26, 2003. Attachments to the Memo includes the November 13th Human Services Commission's Memo and Catholic Community Services letter requesting a grant amendment to their After-Hours Voucher and Emergency Assistance Programs. SUMMARY/BACKGROUND: There are a number of Federal Way people still unemployed, which has caused Catholic Community Services to experience an increased demand in services for their Emergency Assistance Program. As of November 1st funds in the Emergency Assistance Program has been fully expended. Catholic Community Services continues to receive calls from Federal Way families requesting assistance and staff have informed them the agency is temporarily out of funds for this program. To continue and try to meet the high demand Catholic Community Services submited an amendment letter, dated November 10, 2003, to the Human Services Commission requesting a reallocation of their grant resources from their 2003-2004 After-Hours Voucher Program to their Emergency Assistance Program. Catholic Community Services proposed that in 2003, $1,578 be transferred from the After-Hours Voucher Program to the Emergency Assistance Program, and that in 2004, $2,000, be shifted from the same program to the Emergency Assistance Program. Presently, Catholic Community Services has served 312 Federal Way families and with the proposed $1,578, Catholic Community Services can assist an additional 56 families by the end of this year. In 2004, Catholic Community Services will have the ability to serve a similar number of Federal Way families. The proposed shift in funding will not hinder Federal Way people from continuing to receive services from the After- Hours Voucher Program. Expenditure of the grant funds depends on demand and walk-in traffic to the Federal Way Police Department. There has been a reduction in the number of people coming to the Police Departent seeking help. This is partly attributed to the warm weather we experienced during the summer months. However, with the change in weather them is the possiblility that the Police Department could see an increase in the number of people requesting assistance but based on past quarterly reports the demand typcially has not exceeded the grant award. The After-Hours Voucher Program usually has a contract balance remaining each year. The Human Services Commission recommended at their November 17th meeting that Catholic Community Services be allowed to reallocate $1,578 this year and up to $2,000, in 2004, from the After Hours-Voucher Program to the Emergency Assistance Program. The new contract amounts for the 2003-2004 Emergency Assistance Program will be $1,578/$7,000 respectively and for the After-Hours Voucher Program $1,000/$3,000. CITY COUNCIL COMMITTEE RECOMMENDATION: At their December 8, 2003 meeting the PRHSPS Council Committee approved the Commission's recommendation to amend the Catholic Community Services 2003-2004 After- Hours Voucher and Emergency Assistance Program contract awards, whereby funds totaling $1,578 and $2,000 respectively will be transferred from the After-Hours Voucher Program to the Emergency Assistance Program. PROPOSED MOTION: I move approval of the Council Committee's recommendation to amend the Catholic Community Services 2003-2004 After-Hours Voucher and Emergency Assistance Program grant awards that will allow the following: Fiscal Year 2003 - Transfer $1,578 from the After Hours Voucher Program to the Emergency Assistance Program and for Fiscal Year 2004, $2,000 will be transferred from the After-Hours Voucher Program to the Emergency Assistance Program. CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: November 26, 2003 ~-~_/_~._~.~.___ Angelina Allen-Mpyisi, Human Services Manager David Moseley, City Mana~~ Catholic Community Services"After-Hours Voucher/Emergency Assistance Programs Background At your December 2, 2003 meeting, the Committee Mil take action on the Commission's recommendation regarding Catholic Community Services After-Hours Voucher and Emergency Assistance Programs. I will be at the meeting to present the recommendation and respond to your questions. After-Hours and Emergency Assistance Programs Catholic Community Services (CCS) was awarded two $5,000 grants for its After-Hours and Emergency Assistance Programs. In November, CCS requested an amendment to the Human Services Commission, to allow a shift in funds from the After-Hours Voucher Program to the Emergency Assistance Program. The amendment proposed the following fund reallocation: · Fiscal Year 2003 - Transfer $1,578 from the After-Hours Voucher Program to the Emergency Assistance Program, leaving a balance of $1,000 in the After-Hours Voucher Program. · Fiscal Year 2004 - Transfer $2,000 from the After Hours Program to the Emergency Assistance Program. This would increase the Emergency Assistance Program's funding award to $7,000 and reduce the After-Hours Program's award to $3,000. The request was made because CCS has fully expended the Federal Way grant from the Emergency Assistance Program and demand for assistance, here in Federal Way, continues to remain high. Federal Way families call CCS for assistance and staff have informed them the agency is temporarily out of funds. The agency has leveraged the City grant with other discretionary funds accounting for 60-70% of the assistance that CCS is able to p~)vide to Federal Way families. To date, CCS has been able to serve 312 unduplicated number of Federal Way families, the contract goal was 176, and with the proposed shift in resources, the agency could serve an estimated 56 additional families by the end of this year. CCS manages the After-Hours Program in partnership with the Federal Way Police Department. The shift in funds from the After-Hours Voucher Program will not cause a dft in services for people needing assistance because this program consistently has a contract balance at the end of the year. For more information refer to Attachment 1, the Human SeNices Commission Memo dated November 13, 2003 and Attachment 2, CCS's amendment letter. The Human Services Commission, at their November 17, 2003 meeting, recommended approval of CCS's amendment request. ! I look forward to discussing the Catholic Community Services After-Hours/Emergency Assistance Programs proposed funding recommendations with you at your December 2, 2003 meeting. If you have any questions about the recommendation before your meeting, please contact me at 253-661-4039. Committee Recommendation I move to approve the Human Services Commission's recommendation to amend Catholic Community Services 2003-2004 Human Services After-Hours Program contract and their Emergency Assistance Program contract, that will allow the agency in 2003 to reallocate $1,578 from the After-Hours Program to the Emergency Assistance Program, leaving a balance of $1,000 in the After-Hours Program, and to reallocate from the 2004 After-Hours Program grant award, $2,000 to the Emergency Assistance Program, whereby the new contract amount for the After Hours Program in 2004 will be $3,000 and for the Emergency Assistance Program will be $7,000. The Catholic Community Services After-Hours and Emergency Assistance Programs 2003-2004 contract amendment item is to be f~rwarded on to full City Council for their review on December 16, 2003. l~ommittee~Chair ~ Commit~e Member DATE: TO: FROM: SUBJECT: CITY OF ~ Federal Way MEMORANDUM November 13, 2003 Human services Commission ~ Angelina Allen-Mpyisi, Human Services Manager Catholic Community Services After-Hours Voucher/Emergency Assistance Programs Background Catholic Community Services (CCS) is a nonprofit hUman service agency that provides a variety of services some of which includes emergency assistance for basic needs (i.e. food, shelter), pro-bono legal aid for landlord-tenant issues, and in-home non-medical Services for seniors and disabled persons. CCS in their amendment letter dated November 10th is requesting an amendment to their 2003- 2004 contracts for their After-Hours Voucher and Emergency Assistance Programs. Fiscal Year 2003 - reallocate $1,578.00 from the After Hours Program to the Emergency Assistance Program, thereby reducing the After Hours Program 2003 grant balance to $1,000.00. Fiscal Year 2004 - CCS suggests that the Commission consider reallocating funds from the After Hours Program to the Emergency Assistance Program. Staff proposes that that the Commission considers transferring $2,000 from the After Hours Program to the Emergency Assistance Program, thereby reducing the After Hours Program 2004 grant balance to $3,000. Emergency Assistance Program Catholic Community Services (CCS) was awarded a two-year $5,000 grant for the Emergency Assistance Program (EA). As of November 1, 2003 the grant funds for the program have been fully expended. CCS has seen an increase in the number of families needing emergency assistance primarily because a number of people remain unemployed. The State of Washington's unemployment rate continues to remain higher than' the national average. This, in combination with the economic shifts to our economy, has had a huge impact on the number of Federal Way families needing assistance through the EA Program. With more and more people out of work they are unable to take care of their basic needs. CCS continues to receive calls from Federal Way families requesting assistance and staff have informed them the agency is temporarily out of funds for this program. City funds are used in combination with grants CCS has received from other sources. These other discretionary funds account for 60-70% of the assistance that CCS is able to provide to Federal Way clients. It is also important to point out that historically, CCS typically runs out of Federal Way funds before the end of the year. Based on the agency's third quarter report, 312 unduplicated number of Federal Way clients have been served through the EA Program. The agency's contract goal was 176, which indicates CCS has exceeded their contract performance in this area. If the amendment were approved, CCS estimates the agency would have the ability to serve an additional 56 families by the end of this year. After-Hours Voucher Program CCS was awarded a $5,000 grant for the. After-Hours Voucher Program. Expenditure of the grant funds depends on demand and walk-in traffic to the Federal Way Police DePadment. While families,' domestic violence victims and people who are homeless still require assistance, there has been a reduction in the number of people coming to the.Police Department seeking help. This 'is partly attributed to the warm weather we experienced during 'the summer months. With the change in weather, the Police Department could see an increase in the number of people requesting assistance or an influx of people moving from other South King County cities to Federal Way. However, based on information from past quarterly reports the demand will not exceed the grant award should .the Commission'approve the amendment. Historically, this program has hada balance of funds atthe end of the year. At the end of 2001, there was a balance of $288.90 and in 2002; there remained a contract balance of $2,127.73. Staff recommends that the Human Services Commission consider authorizing the amendment, which will allOw Catholic Community Services to reallocate 2003 funds from the After-Hours Voucher Program in the amount of $1,578.00 to the Emergency Assistance (EA) Program and that 2004 funds in the amount of $2,000 from the After-Hours Voucher Program, also be reallocated to the EA Program. Staff also recommends that the Commission give staff discretion in re-tnegotiating the performance goals for both.programs. Proposed Motion I move to recommend to the City Manager approval of this first Amendment that will allow Catholic Community Services to reallocate in 2003 $1,578.00, from their 2003-2004'Human Services After-Hours Program contract, to their 2003-2004 Human Services Emergency Assistance Program contract, and to reallocate from the After-Hours Program 2004 grant award, $2,000 to the Emergency Assistance Program, whereby the new contract amount for the After Hours Program in 2004 will be $3,000 and for the Emergency Assistance Program will be $7,000. I further recommend that staff is given discretion in re-negotiating the contract performance goals for both programs based on the adjustment of the award levels. 2 PAGE' 04/05 Catho c COMMUNITY serwces 'SOIJTtt KING ~30NrY FAMILY CENTER 1229 West Smith Street Mail: P,O. Box 398 Kent, WA 98035-0398 P/zone: (253) 854~0077 1-800-722-3479 Fax: (253) 850-2503 TDD: (253) 850-2_52,.3 Federal Way City Council C/O Ang¢la Allen-Mpyisi Human Services Manager .Federal Way City Hall 33.530 ['~ Way South F~leral Way, WadOngton 98003 Dear Council Membem November 10, 2003 As you know, Catholic Community Serv/ees'of South K/ng County has been aa annual recipient of two general ftmd awards to provide services to Federal Way clients: I) $5,000 Emergency Assistance. Provides funding for case management staff ($2500) and dimc~ financial aid ($2500) to low-income households for shelter, rent. utilities, food,, tins tickets and gas vouehora. Our Sou~ K/rig County FataLly Center see clients by'ai~PoMtment in our Kent office by case managemcmt ~ who make decisions regarding what l,vel of service to provide. 2) Emergency Assistance primarily funds families with cMl(kerr Monthly I~dg~ted Federal Way tim/is are approx/tlxately $200 per month for all Federal Way elienls for 12 months or until tl~ $2500 is expended. Oth~ funds are used to supplement these F'edeml Way funds, including FEMA,. ESAP, EHAP and Stability wMch are federal, s~ate and county funds available for rent and shelter only..These otlmr discretionary' funds aeeomtt for 60-70% of the assistance eCS provides for Federal Way ¢li.ents. Historically, we are usually out of Federal Way funds by earb- September. 'As of Nov. !", all of our Federal Way emergency assistance funds have been expended; we are now informing Federal Way callers that we are temporarily out of funds for this are~ Because Federal Way has airead,v also received an extensive and somewhat disproportionate amount of discretionary funding, we will not I~ able to help FEDERAL WAY clients with d/scretionary funds. AFTER HOURS PROGRAM 1) $5.000 annually to monitor the Federal Wav Aftcrhours Program. which provides dizect financial aid for shelter., food and gas vouchers after normal bu'.ness hom~ and weekends tttrough the Federal Way Police Department's Victims Assistance unit This funding is intended to meet the need for emergent- services for domestic violence victi, mx families who have been evicted from their homes, and other homel~$ cli~mts. 2) The .funds are administered by the Police Depamuent in Federal Way,. and the expenditure of these filndg depends on demand and walk4n traffic to the Police Department_ Thc contact provides $900 for administrative costs includ/ng accounting, billing and demographic/data collection and reporting. The rat $4100 is reserved for direct services. ACCREI~TED 3) As of November 10, theve am $2578.00 rcma~ing in this afterhours fund, which given historical spending patternS,, will probably NOT be spent by December 31. 2003'. ~a 2002. we also had a substantial positive balance in the program at thc end of the year. CCS would like to suggest that some of thc fUnds be realloeated to thc Emergency Assistance fund s as possible, to be stgut for homeless preventio~ utilities, food and shelter to answer thc on-going demand for s~¢ice~ from FEDERAL WAY during these last two winter months of 2003. We would suggest rcser~-ing $1000 for the aRerhours program,, to be revisited Dog,, 1, and to allow the remaiai.ng $1578.92 to expended through the EA program. In addition, thc council may want to reconsider thc funding allocation split between thc two programs for 2004. to be sure thc direct assisumce dollars are being effi~i.¢ntly cxpeud~L We would be glad to speak to thc council regan~ng this .qtuation at their convenience, in per$on .~r by telephone. Thank you for your consideration. $i.nccrcly, Tm Brow~, Program Manager Catholic Community Services CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Olympic View Playground - Purchase of New Play Equipment CATEGORY: [] CONSENT [] ORDINANCE [] RESOI~UTION [] PUBI~IC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee action form dated December 8, 2003; Olympic View Playground - Purchase of New Play Equipment SUMMARY/BACKGROUND: The Parks 2003 CIP identifies playground equipment at Lakota Park to be replaced. However, the playground equiment was removed at Olympic View Park this summer because it was identified as being unsafe. Replacing the play equipment in this location is a high priority. Council approved moving Olympic View Park up to first priority on the CIP list on June 17, 2003. CITY COUNCIL COMMITTEE RECOMMENI)ATION: Motion to recommend a "do pass" authorizing the purchase of Playworld Systems play equipment in the amount of $43,561.50, and forward to full Council on December 16, 2003 for approval. PROi'OSEI) MOTION: "1 move approval of the Olympic View Playground - Purchase of New Play Equipment as presented." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCII~ ACTION: [] APPROVED [] DENIED [] TABI~ED/DEFERREI)/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinances only) COUNCIL BILL # I s',' reading Enactment reading ORDINANCE # RESOI,UTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY pARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: December 8, 2003 PRHSPS Council Committee B Sanders, P~ark P~l~ing & Development Coordinator David Mos~il~ M,,anager Olympic ¥ie~t'[ayground--Purchase of New Play Equipment Background: The Parks 2003 CIP identifies playground equipment at Lakota Park to be replaced. However, the playground equipment was removed at Olympic View Park this summer because it was identified as being unsafe. Therefore, replacing the play equipment in this location is a high priority. 'Council approved moving Olympic View Park up to first priority on the CIP list on June 17, 2003. The Parks and Recreation Commission sponsored a neighborhood meeting September 30, 2003 to determine the type of equipment and components preferred by area residents, including children. Staff received proposals for the project from four different playground companies, who were each given a budget of $50,000. Staff shared three of the proposals with the community at the neighborhood meeting. The companies, and the playground manufacturer that they proposed, are as follows: Cascade Recreation, Inc., representing Playground Environments International Architecreation, representing Timberform Kompan Pacific, representing Kompan Northwest Playground Equipment, Inc., representing Playworld Systems The proposals and presentation boards were evaluated by the community members and there was a strong preference for the Playworld Systems. The advantages of this brand of playground equipment are its plastic components, which are easy to clean and are less prone to harbor moss than wood; the specific elements proposed were highly appealing, especially a 7' tall climbing wall suitable for children; and, the company has a sales price during December that allows us to purchase more elements for a comparable price, with a savings of $5,985.00. The Parks Commission recommended purchase of the Playworld Systems playground equipment at its December 4, 2003 meeting, and moved that it be forwarded to City Council. The cost of the play elements, safety surfacing, and on-site supervisor during installation is $43,561.15, including tax and shipping. Site work will cost apprsximately $6,000. Staff is recommending award of the playground equipment purchase to Northwest Playground Equipment, Inc. Committee Recommendation: Motion to recommend a "do pass" authorizing the purchase of Playworld Systems play equipment in the amount of $43,561.50. ~ m-- ~- II APPROVAL OF II C.ogmnittee Ch~ir ,,mber Member MEETING DATE: December 16, 2003 ITEM# ,__ . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003 Local Law Enforcement Block Grant (LLEBG) Before Expending the Grant Funds CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: The Approved November 4, 2003 City Council Agenda Bill for the 2003 LLEBG Grant; Resolution No. 03-399 accepting the 2003 LLEBG Grant; Notice of Public Hearing for the 2003 LLEBG posted in the Federal Way Mirror; Memo to the Advisory Board Members on October 13, 2003, and Memo to the Citizen Advisory Board Committee on October 23, 2003. SUMMARY/BACKGROUND: The Public Hearing will satisfy a requirement of the grant to allow the Department of Public Safety to begin purchasing the necessary equipment, and will finalize the acceptance of the grant. The Department of Public Safety met with the Citizen Advisory Committee on October 23, 2003, (the committee chair of the PRHSPS Committee is a member) and recommended that the grant monies be used to purchase (1) digital cameras and the associated equipment for each Commissioned Officer; and (2) enough tasers for each officer in the field. On November 4, 2003, the City Council adopted Resolution No. 03-399 acceting the 2003 LLEBG Grant. Under the terms of the grant a public hearing is required before expending the 2003 LLEBG monies. The grant amout is $54,558.00 for the City of Federal Way with a local match of $6,062.00. The Asset Forfeiture account will provide the required local match. The total award is $60,620.00 and is to be expended within a two-year period. The Department of Public Safety's objective is to provide additional community safety by continuing to incorporate technology in an effort to gain the greatest advantages for law enforcement. This award will provide the means needed to equip the Federal Way Police Officers with an innovative resource to accomplish this goal. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: NO MOTION REQUIRED BY COUNCIL. Per Federal Guidelines for 2003 Local Law Enforcement Block Grant (LLEBG), with the Public Hearing concluded, this will finalize acceptance of the 2003 LLEBG award. CITY MANAGER APPROVAL: ' (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances on[y) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: vIA: FROM: SUBJECT: October 23, 2003 Finance, Economic Developme~\and Regional Affairs Committee Moseley, City Manager(L/~ David Anne E. Kirkpatrick, Chief of Police ~ £ Acceptance of 2003 LLEBG grant award Background: Since our commencement in October 1996, the Department of Public Safety has had the good fortune to benefit from several LLEBG awards administered by the Bureau of Justice Assistance (BJA). Once again, I am pleased to announce that we have been granted the 2003 LLEBG award in the amount of $60,620. The award break down is as follows: Federal Award $54,558 Local Match $ 6,062 2003'LLEBG Award Total $60,620 The 2003 LLEBG process, application period opened on Monday August 4, 2003 and closed Thursday August 28, 2003. According to BJA, this shortened application period was due to an unusual appropriations year where all steps in the LLEBG process were delayed. As is evident by the dates of the application Period, this was a time of unusual circumstances for our agency. With the death of Officer Patrick Maher on August 2, 2003, and the opening of the application period on August 4, 2003, our completion of the on-line submission was delayed until August 28, 2003. The Department of Public Safety's objective is to provide additional community safety by continuing to incorporate technology in an effort to gain the greatest advantages for law enforcement. This award will provide the means needed to equip the Federal Way Police Officers with an innovative resource to accomplish this goal. The department met with the Citizen Advisory Committee on October 23, 2003 (to include the committee chair of the PARKS Committee) which yielded a recommendation by the Advisory Committee to purchase digital cameras and the associated equipment for each Commissioned Officer as well as enough tasers to complete assignment of the full compliment to all Officer's in the field. The 2003 LLEBG will provide $54,558. The Asset Forfeiture account will provide the required local match in the amount of $6,062. Committee Recommendation: Motion to'accept the 2003 LLEBG award in the federal amount of $54,558, a local match in the amount of $6,062, for a total award amoUnt of $60,620 and approval for purchasing authority regarding the equipment referenced above, and forward to full Council for consideration and approval, at its November 4, 2003 meeting: 2 MEETING DATE: November 4, 2004 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL $1IB.IECT: 2003 LOcal Law Enforcement Block Grant (LLEBG); Request Approval to CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER Am{ :T: Budgeted: $ nditure Amt.: $ ',ency Req'd: $ ATTACHMENTS: The Finance, Economic Development and Regional Kirkpatrick on the 2003 Local Law Enforcement Block Grant (LLEBG); Dratl Resolution. lommittee memo from Ch)el ~roval to Accept the Award, and a SUMMARY/BACKGROUND: Since our commencement i good fortune to benefit from several LLEBG awards again, I am pleased to announce that we have been granted thc r 1996, the Department of Public Safety has had the the Bureau of Justice Assistance (BJA). Once LLEBG award in the amount of $54,558.00. BJA earmarked $54,558.00 for the City of Federal Way wi .ocal match of $6,062.00. The Asset Forfeiture account will provide the required local match. The total al ,620,00 and is to be expended within a two-year period. The Department of Public Safety's objective is to technology in an effort to gain the greatest adw equip the Federal Way Police Officers additional community safety by continuing to incorporate law enforcement. This award will provide the means needed to ive resource to accomplish this goal. The department met with the Citizen PARKS Committee) which yielded associated equipment for each compliment to all Officer's in the rieI on October 23, 2003 (to include the committee chair of the ation by the Advisory Committee to purchase digital cameras and the )fficer as well as enough tasers to complete assignment of the full CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1s'r reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10t2001 RE.SOLUTION NO. 03-399 A RESOLUTION OF THE CITY COUNCIL OF CTHE CITY OF FEDERAL WAY, WASHINGTON, APPROVING ACCEPTANCE OF THE 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT. WHEREAS, the Bureau of Justice Assistance grants Local Law Enforcement Block Grants to local law enforcement jurisdictions for the purpose of enhancing law enforcement in the community; and WHEREAS, the City of Federal Way, Department of Public Safety has received a Local Law Enforcement Block Grant (LLEBG) grant each year since 1996; and WHEREAS, the City of Federal Way, Department of Public Safety, applied for a LLEBG grant in 2003 for the purpose of providing digital cameras and Tasers to commissioned officers; and WHEREAS, the Bureau of Justice Assistance notified the City on September 25; 2003; that it has been awarded a LLEBG grant in the amount of Fifty-Four Thousand Four Hundred Forty-Eight and 00/100 Dollars ($54,448.00); and WHEREAS, in order to receive the monies in the LLEBG grant the City must provide matching funds of Six Thousand Six Hundred Sixty-Two and 00/100 Dollars ($6,062.00), and thc City Council must authorize acceptance of the grant; and WHEREAS, the City, Department of Public Safety, must notify the Bureau of Justice Assistance of its acceptance of the LLEBG grant by November 9, 2003. Res. # 03-309 Page 1 O.RIGINAL NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: .... Section 1. Notification of Acceptance of the 2003 Local Law Enforcement Block Grant. The City Manager or his designee is hereby authorized to notify the Bureau of Justice Assistance that the City of Federal Way accepts the 2003 LLEBG for the purpose of providing digital cameras and Tasers to commissioned officers and/or for the purpose of purchasing other associated equipment related to the digital cameras and Tasers. Section 2. Receipt of LLEBG Funds. The City Manger or his designee is hereby authorized to receive the LLEBG funds of Fifty-Four Thousand Four Hundred Forty-Eight and 00/100 Dollars ($54,448.00). Section 3. Matching Funds Authorized. Pursuant to the terms of the LLEBG grant, the City commits approximately Six Thousand and Sixty-Two and 00/100 Dollars ($6,062.00), in matching funds for the purpose of providing digital cameras and Tasers to commissioned officers. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other s~ction, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. # 03-399 Page 2 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS t:t~_ DAY OF November ,2003. CITY OF FEDERAL WAY ~R, JEANNE BURBIDC.~ ATTEST: CITY CLERK, N. CHRISTIlqE GREEN, CMC APPROVED AS TO FORM: PATRICIA A. RICHARDSON CITY ATTORNEY FILED WITH THE CITY CLERK: 10/28/01 PASSED BY THE CITY COUNCIL:I 1/04/03 RESOLUTION NO. 03-399 'Res. # 0't-'tqq Page 3 CITY OF ~ Federal Way CITY COUNCIL NOTICE OF PUBLIC HEARING 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT The Federal Way City Council will conduct a public hearing on Tuesday, December 16, 2003 at 7:00 p.m., in the City Hall Council Chambers, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718, to take testimony from interested citizens on receipt of the 2003 Local Law Enforcement Block Grant monies. The grant monies have been designated to purchase digital cameras for all Commissioned Officers as well as four additional tasers. Both of these tools enable Public Safety to provide enhanced community safety by continuing to incorporate technology in an effort to gain the greatest advantages for law enforcement. Any person may submit written comments prior to the hearing, or~ present them to the City Council during the hearing, and/or may appear at the public hearing to give oral testimony. ·" CITIZEN ADVISORY BOARD COMMITTEE MEETING 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) October 23, 2003 1400hrs. Federal Way Police Department Committee Members: Bob McKinzie, Cathy Williams, Gina Hoffman, Linda Kochmar, Rick LaBoyne, Krista Bird, Michael Olson, Greg Wilson Background: Since our commencement in October 1996, the Department of Public Safety has had the good fortune to benefit from several LLEBG awards administered by the Bureau of Justice Assistance (BJA). Once again, I am pleased to announce that we have been granted the 2003 LLEBG award in the amount of $60,620. The award break down is as follows: Federal Award $54,448 Local Match $6,062 2003 LLEBG Award Total $60,620 (Please note that the cover page some of you previously reviewed noted a total award amount of $67,356, after review of our application packet, it was discovered that our award is reduced by 10% due to our City not being compliant with a 'PSOHB' provision -benefit provision for Officers) This grant is a technology grant designed for use to improve public safety through technological tools. Internally, the agency has touched bases at all levels in order to gather thoughts about areas we could provide a better service to the community through technology. The items to be discussed today were all generated through this feedback, which resulted in further exploration and potential application. Options: Fully equip Officers and Detectives with digital cameras and associated equipment. This would equate to 96 cameras (116 total Commissioned which includes Command Staff). Continue to work towards a full compliment of tasers, one assigned to each Commissioned staff. The remaining grant monies would allow us to purchase 5 new generation tasers (currently have 68, need 78, would bring us to 72 total). ° Complete compliment of tasers by purchasing 50 new generation tasers (exercising trade-in program) and 1 Voice stress Analyzer with the inclusion of training for 2 Detectives. CITY OF~~J~~. PO BOX 9718 October 13, 2003 (253) 661-4600 Federal Way, WA 98063-9718 Dear 2003 LLEBG Advisory Board Members; The following are items under consideration for the 2003 LLEBG grant monies. The items are needs identified primarily by Officers and Detectives within the agency when asked where there were voids in equipment and/or service. · Digital Cameras and associated equipment, enough to assign to each Officer and Detective as an issued piece of equipment. · New generation Tasers (X-26), enough so that each Officer on Patrol would be assigned a Taser (either one of the older generation or those without would be assigned the new generation). · Voice Stress Analyzer Computer and associated equipment, training, warranty. Thd grant amount for our City in 2003 is $60,620 with a required City match of l 0% or $6,736 bringing our total to $67,356. To date, Officers and Detectives have provided feedback to the Chief and Deputy Chief expressing needs for digital cameras in the field and enough tasers to outfit all Patrol Officers. The Voice Stress Analyzer is a piece of equipment that has been processed through our' Personnel Improving Tomorrow' board where staff research a need, present its purpose, cost and potential funding to the board to see if the agency is interested in pursuing its purchase and application. The Voice Stress Analyzer was identified through this board as a valuable tool for the agency as well as a huge money saver (would take the place of polygraphs) but there has been no available funding source to date. t(.[he monies were devoted to digital cameras and new generation tasers, the grant mOnies would afford us the opportunity to purchase 96 (I 16 total commissioned) cameras, associated memory stick card readers, memory sticks, carry cases, batteries and chargers, central computer for image storage, color photo qua, lity printer as well as 10 new tasers and 4 old taser trade-ins so that the taser compliment would be 14 new X-26 generation tasers and 64 of the existing old style tasers. Attached are specifics on the products mentioned above. Thank you for your review and participation in advance. I look forward to meeting with you on Thursday October 23rd, 2003 at 2:00pm in my office, building B of the Police Station. See you soon, Krista A. 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Features top of page Nulti-Point Auto Focus Memory Stick® Nedia CI ACCESSOF Cyber-sho Accessory ACC-CN3P i 128HB X2 Stick® Sel MSA-128S Slow Shutter Noise Reduction IAF (Auto Focus) Illuminator Nega Pixel Scene Selection Node 1 Vie' Multi-Pattern Neasuring RELATED ' http://www~s~nysty~e~c~m/is~bin/~NTERSH~P.en~nity/eCS/St~re/en/~FUSD/SY-Disp~ay... 10/01/2003 DSC-P72 Cyber-shot® Digital Camera Cyber-shot® DSC-P72 digital still camera. ~::! ~'-,~,~:.' - $ 329.95 DSC-VJ. Cyber-shot® Digital Camera sony's new DSC-v~. Cyber-shot®, a digital still camera that combines the control you prefer with extraordinary performance and a uniquely-compact design. ~¥:.,: ' ~',, :~/' ?,? :~.:'~ ~::,~.~::t ~ ~ ~:~ - $ 699.95 USB Mouse w/Memory Stick® Reader MSAC-US5 Enjoy the benefits of a high precision optical mouse! The new Memory Stick® Mouse features precise clicking and longer durability. 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Designed for the DSC-Vt Cyber-shot® Digital Camera $19g.99 Semi-Soft Cyber-shot® Carrying Case LCS-VHB Sporty three way style bag that is flexible enough to use as a shoulder bag, waist pouch or just hanging. For the DS(~=V:[ Cvber~shot® Diaital Camera - $ 29.99 Tele Conversion Lens -VCL-DEH Optimized for mega pixel digital photography, this High quality Sony lens helps make distant objects appear closer. - $ 149.99 Sony CD-R/RW drive, $2X max. CD-RW drive. The CRX225A/U can create a full CD-R disc in less than 2 minutes ', or a full CD-RW disc in about 4 minutes, and features Power-BurnTM drive conformed* buffer underrun protection technology. ' ~; 69.99 SonyStyle USA- DSCP72KITIS Page 2 of 2 · 1/2.7" 3.2 Megaplxel Effective Super HAD''~ CCD · Memory Stick® Media · QXGA (2048 x 1536) Image Size · 3X Optical Zoom Lens · Scene Selection Mode · Multi-Burst Mode · 0 - 3.2X Smart Zoom (at VGA Size) · Slow Shutter Noise Reduction · MPEG Movie VX Mode · 3 Area Multi-Point Auto Focus · 14-Bit DXP A/D Conversion · Clip Motion Mode · AF (Auto Focus) Illuminator · 1.5" LCD Monitor · Playback Zoom, Trim and Resize · Multi-Pattern Measuring · True Zoom Optical Viewfinder · Auto Daylight Synchro Fill Flash · Pre-Flash Metering · Rechargeable NiMH Batteries top of page USB Mous Stick® Re. MSA¢-US] I Via' Via' Sony VAI¢ Notebook PCG-VSO5 as Io Fir vie, ~. Yes! Keep me informed about Sony special offers, exclusive products, and new emai product information ! Site Map I Financing I Customer Care I Privacy Policy I Affiliate Program I Leg Order by phone: (877) 865-SONY(7669) ®2002 Sony Electronics e-Solutions Company LLC. All rights http://www.s~nysty~e.c~m/is~bin/~NTERSH~P.en~nity/eCS/St~re/en/-~SD/SY-Display... 10/01/2003 From: To: Date: Subject:. Mehdi Sadri Kdsta Osborne 10/06/2003 3:43:24 PM Re: 2003 LLEBG digital camera add-ons Hi Krista, Cameras corn in all different prices, but I think some in the $200-$400 range will work just fine Accessories can include Carrying case $50 Memory $50 Zoom Lenz $1200 Camera doc. $100 Other things you may want to consider as part of this project Central Computer for Ireland back up devic~ Color photo quality print~ I hope this is what you are asking for >>'~ Krista Osborne 10/06/03 13:41 >>> 'Dear Mehdi; Is there any way to get at least an approximate cost, item description etc. that we would need for the additional digital camera's being added to the force if we get that as part of our 2003 LLEBG award? I can't remember the technical' name of the items such as the 'docking station', more memory??? ...... Thank you, I may be asking for the moon but would it be possible to get this info by this Thursday, 10-9-037 I have to put packets together for the Committee to review ahead of time. See ya soon, Krista ;O) Federal Way CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY MEMORANDUM TO: FROM: DATE: SUBJECT: Krista Bird, Commander chri s Norman, Lieutenant October 8, 2003 TASER M26 to X26 Upgrade Program TAsER~ International launched the TASER X26 on May 30, 2003. The next generation less-lethal weapon is 60% smaller and lighter than our current M26. The price of the TASER X26 is'$799.95, which includes · Weapon, .. · Lithium energy source for up to 300 firings · Ambidextrous holstering system. The X26 is compatible with the same cartridges as the M26. TASER International is offering an upgrade to the X26 for existing M26 customers who send in their M26's between May 30, 2003 and December 31, 2003. The upgrade discount is equal to $400 minus $15 per month that the M26 has been in service. For e~.ample, if the M26 has been in service for 10 months, we would receive a discount off $400 - (10 months x $15 per month) = $400 - $150 = $250 discount. The price for the X26 purchase would be: $799.95 - $250 discount = $549.95 Net Price I contacted Ruddell International our local distributor and obtained the following information on department purchases. I have shown the value of our used' M26 based upon TASER International discount chart that is attached. Date # of M26 purchased Buy Back Discount Value Total Value 8-3-2001 l 6 over 20 months ~ $100 discount = 1600 8-31-200 l 6 over 20 months ~ $100 discount = 600 1-17-2002 8 over 20 months ~ $100 discount = 800 3-13-2002 2 19 months (~ 115 discount = 230 9-12-02 l (SRO) 13 months (~ 205 discount = 205 . 2-11-03' - 40 8 months ~ 280 discount = 11200 8-30-03 1 (SRO) 2 months ~ 370 discount = 370 9-5-03 4 (SRO) 1 month ~ 385 discount - 1540 Total 78 $16,544 The total cost of replacement for all 78 TASERS is $62,396. l 0 or $45,852.00 with the $16,544 buy back discount. Recommendation: Based upon this breakdown [ recommend we upgrade as many TASERS as possible purchased on or before 9-12-02 due to the low discount value of the older units. This would equate to a maximum of 46 X26 TASER at a cost of $36,797.70 or $23,482.70 with the $13,315 buy back discount. This buy back program expires on 12-31-2003 and the value of our TASERS goes down as each month.,p.asses. Months 1 2 3 4 S 6 7 8 9 10 11 -12 13 14 15" 16 17 18 19 20 21 22 23 24 X26 Price $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799'.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 $799.95 M26 Upgrade Discount Chart M26 Trade-in Value $385 $370 $355 $340 $325 $310 $295 $280 $265 $25o $235 $220 $205 $190 $175 $160 $145 $130 $115 $1oo $1oo $1oo $1oo $1oo X26 Net Price $414.95 $429.95 $444.95 $459.95 $474.95 $489.95 $504.95 $519.95 $534.95 $549.95 $564.95 $579.95 $594.95 $609.95 $624.95 $639.95 $654.95 $669.95 $684.95 $699.95 $699.95 $699.95 $699.95 $699.95 Minimum M26 trade-in value is $100. Valid for U.S. Domestic Sales only. Offer expires 12/31/2003, 7.8.60 E. McClain D~'ive, Suite #2, Scottsdale, Arizona 85260 * 800-978-2737 * wvvw. TASER. com TASER M26 to X26 Upgrade Program At TASER International, we are constantly striving to innovate and improve our technology. One of our key considerations in this process is to help our existing customers transition to our latest technologies. On May 30, 2003, we will formally launch the TASER X26 with Shaped PulseTM Technology, our next generation less-lethal weapon which is 60% smaller and lighter than our flagship M26. The price of the TASER X26 is $799.95, which includes the weapon, lithium energy source for up to 300 firings and an ambidextrous holstering system. In order to smooth the transition for our existing customers, the X26 is compatible with the same cartridges as the M26. Further, we are offering the following special discounted prices to our existing M26 customers who send in their M26's for upgrade to the new TASER X26 between May 30, 2003 and December 31, 2003. The upgrade discount is equal to $400 minus $15 per month that you have had the M26's in service. For example, if you have had your M26's in service for 10 months, you would receive a discount of: $'~b0 - (10 months x $15 per month) = $400 - $150 = $250 discount. The price for your X26 purchase .would be: $799.95 - $250 discount = $549.95 Net Price A schedule of discounts is attached to help you calculate what your discounted upgrade price will be. Note: The minimum trade-in value of an M26 is $100, regardless of the age of the weapon. The number of months used in the calculation is the time from the date on which you were shipped your M26's through the date that the upgrade purchase order was received by TASER International. If we are in a backlog situation (which we anticipate due to initial response), we will honor your discount term even if we must delay shipment due to product availability. Additionally, we want to make sure your officers have access to a TASER at all times. We will ship your X26's, and you will have 30 days to return the M26's used for the upgrade. Your agency's purchase order must show the TASER X26's at a price of $799.95 with a line item credit for the M26's at the appropriate discount. As the M26's are received by TASER, the discount will be applied to the Purchase Order, with the net balance to be paid on net 30-day ~h'ns from the date of shipment of the TASER X26's. This special promotional program may not be used in conjunction with any other offers. We are proud to offer what we believe is the most extensive upgrade program in the law enforcement industry, and we are committed to making sure that every officer has access to the improved' safety of our less-lethal weapons. To upgrade your M26's call TASER International at 800-978-2737. This Upgrade Program expires on 12/3112003. Offer Valid for United States Domestic Sales Only. City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Background: The purpose of this memorandum is to request the purchase of a Computer Voice Stress Analyzer (CVSA) system from the National Institute for Truth Verification. The instrument will assist the Criminal Investigation Section in truth verification of suspects, witnesses, volunteers, and job applicants. The CVSA is a computer that, detects, measures, quantifies, and displays micro tremors ina subject's response from their voice. The computer then processes these frequencies and graphid'ally displays the patterns on the computer screen checking for deception. Our Investigative Section'would use the CVSA to assist with the investigation of crimes such as homicides, robberies, sexual assault, white-collar crimes, and also could be used for pre-employment examinations. The National Institute for Truth Verification is recognized as the sole source for the Computer Voice Stress Analyzer and its training program. Start-up Costs: The funding source for thc instrument would be taken from thc Asset Forfeiture Account. The usc of these funds can be justified as part o f the screening process o f informants, obtaining the truthfulness of victims, and to interview and interrogate suspects. DESCRIPTION QTY COST TOTAL Computer Voice Stress Analyzer I $9,995.00 9,995.00 Certified Examiners Course for Students 2 $1,395.00 2,790.00 3 year On-Site Service Upgrade 1 $ 510.00 510.00 3 year parts and labor warranty extension 1 $ 394.00 394.00 Total $13,689.00 Committee Recommendation: Motion to approve and accept this request to purchase the Computer Voice Stress Analyzer, train two operators-for the system, to purchase the system upgrades, and forward to full Council for consideration. ;~PROVALOF COMMITTEE REPORT:' l[ ~ommittee Chair Committee Member Committee Member ~83/18/2885 13:51 5617981594 NITV PAGE Introducing SystemGuarE No-Fault Dam e Protection Coverage! New from Toshiba and NITV! It is knowa throughout the industry that To~tiba portable computers are designed for reliability ... reliabi~it7 that can handle most day-to-day bumps and scralx~. But today's mobile computing mvironment is hard on portable computers. Accidents do happen! A portable can be dropped, damaged ',~ile commuting or traveling, ~r have something spilled on it. The resulting repair costs are often substantial and can ~ceed ~he unit replac~a~tt cost! l[ntrgd.,ucing $ .y~emOuard, the newest SelectScrv' service that lxmects your portable whm accidents occur. SystemGuarci Overview SystemGuard-Provides ilar the rcpair or rcpl-acemenr ora Toshiba portable computer (~nc incident per year) in the event of: Spills Drops DamalF-xl or cracked screen Electrical surges Any acdd,ntal -damage Toshiba docs not cover damage du~ to fire,, int~=ntionaI cosmetic damage not affecting functionality, loss, thcf~ or oth~ "acts of God" (floods, earthquakcs, Key Benefits of SystemGuard · ~.voids potentially significant ~epak co3ta by covering repaJm or rc~la~cment f~ accidental damage Covets accidental damage duc to spills, drops, and power surges Offgr~flexible servicc dclivory: depot, carry-in or ort-sitc Provides substantial cost savings wtum combhacd wi~ other SelectServ extensions or upgr~les Available for all current model Toshiba portable computers* SystemGuard SKUs Satellite Sedes SBSGE3 3 Y~ar Sysl~mCjuatd with 2nd/3rd Ycar Part, and Labor Warranty Exlr. nsion *$394 SBSG3OS 3 Year SyxtcraGuard with On-Si~e · S~cc Upgrade ' $510 TOSHIBA TOSI~BA hMEI~CA INFORIIATtO~ $¥81EM8, INC. Cemp,.-t ~/~ams DIv~on 0.o. ~ox 1~T24, ~,i~a. ~l~omla 9'262~'24 TOSHIBA- ~-~.fl~Jaibn.cem 1 85/14/2883 11:43 5617981594 NITV PAGE 84 ExccutiYe Director Capt. David Hughes (Re~) W~st Palm Beth P.D. West Palm Beach, FL Director of lnt'! Operations Chief William Endlcr (Ret,) Syracusc P.D. Syracuse, IN Board of Directors Chairman & CEO Charles Humble Criminologist West Palm Beach"FL · . H ugh Ridlehuber. M.D. Forensic Pgychiatrlst Bclmont, CA "', lames Vallely. Ph.D. Form~sic Psychologist .'. /acksonville, FL Thomas Joseph, Ph.D. Crirrnnolo~, St. l,ouis, MO Prof. James Chapman crimmolog/st Elmira, NY Chief William Withers New Whitcland P.D. New Whiteland, IN Instructors Patrick Floo~ Ph.D. ''''~ Sacramento Co. S.D. Sacramento, CA D/Cmdr. Bob Martin (Ret.) Lower Twp. P.D. Lower Twp., NJ Lt. 'Michael McQuillan Prince George's Co. P.D. Landovcr, MD D/Cmdr. Bill Engelman (l).ct,) Hamilton Co, S.D. Cincinnati, OH Col. Robert'rippctt (Ret.) U.S. Army D. Glen Foster, M.A. Atlanta P.D. Atlanta, GA Corporate Pilot Captain Takashi Yamazski March 10, 2003 Det. Stan Gordon FexleraIWayPoli~e Department £eoc253/661-4550 Dear Det. Gordon, Please be advised that the NITV is recognized as a sole source for the Compmer Voice Stress Analyzer'maud its training program. The NITV is the only manufacturer of the CVSATM and has no distributors. Additionally, there is no comparable instrument available on the market ia the U.S. Charles Humble, Ph.D. CEO CH/pm ~5/14/2003 11:43 5G17981594 11400 Fortune Ckck We~ PalmBeach, FL33414 NITV PAGE Estimate DATE 3/10/2003 "! ESTIMATE NO. I NAME / ADDRESS ;Fcdcral Way Poli~e Dept. 34008 - 9th Avenue So~th P. O. Bo~ 971g Federal Way, WA 98063-9718 AIIN: E~ Stau Cxndon DESCRIPTION Computer Voice S~o~s Analyzer rcrms: Invoices must be paid within 30 clays of invoice date. invoices not paid within 30 days will bc considered telinqucnt, More than two delinquencies or an invoice ~ot paid within 45 days will subject that agency to a )m-payment stattu. QTY COST 9.995.00 PROJECT TOTAL 9,995.00 :_ .......... '" t- TOTAL S9,995.00 11400 Fortune Circle - West Palm Beach, Florida 33414 · (561) 798-6280 - Fax (561} 798-1594 · E-Mail NITV~CVSA1 .eom · www. NllWl.com °05/14/2003 11:43 5617981594 NIYV PAGE 03 Executive Director Capt. David Hughes (Ret.) We,si Palm Beach P.D. Wes't Palm Beach, FL Director of Iht'! Operations ChiefWilli~u-n Endler (Ret.) Syracuxe P.D. S fracu~e, [N Board af Directors Chairman & CEO Charles Humble Criminologist West Palm Beac~i,~FL Hugh Kidlehubet, M.D- Forensic Psychiaxfist Belmont. CA ~am~s Vallcly, Ph.D. Forensic Ps~hologist ,racksonville, FL . . ~omas Joseph, Ph.D. Criminologist St. Louis, MO ProE James Chapman Criminologist Elmira, NY Chief William Withexs New Whiteland P.D. New whiteland, [n_~tructor$ Patrick Flood. Ph.D. Sacramento Co. $.D. Sacramento, CA D/Cmdr. Bob Mar~in (Ret.) Lower Twp. P.D. Lower Twp.. NJ Lt. Michael McQuilI~n Prince George's Co. P.D. Landover, MD D/Cmdr. Bill Engelman (Ret.) Hamilton Co. Cincinnati, OH Col. Robert Tippctt (Ret_) U.S. Army D. Glen Fosmr, M.A. Atlama P.D. A, fianta, G A Corporate Pilot Captain Takashi Yarruszak3 March I0, 2003 Det. S'mn Gordon Federal Way Police Dept. FAX: 2531661-4580 Please find the following specifications for the Computer Voice Stress Analyzerm: CVSA $10,445.00 ............................ TRAI]XffNG $1,395.00~er student) Unit detects, measures, and graphically displays certain specific stress related components of the human voice. Superimposed on the audible voice frequencies are inauch'ble frequency modulations (FM) whose strength and pattern relate inversely to the degree of psychological stress of the speaker. Instrument 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. !l. 12. 13. 15. 16. 17. 18. I9. Requirements: Toshiba Satellite Notebook Computer 1100 Series 1 .$ GFIz Intel Celeron Processor Immediate Real-time voice analysis (no recorder required) Automatic processor to display voice [requencies -CVSA Soft'ware upgrades are automatically shipped fi'ce of charge Voice activation/manual activation capability On-screen questions appear as the interview is being conducted System is 89% free when shipped 256 MB of SDRAM 18.6 GB hard disk &ire 14. I" Active Matrix Screen 2 Stacked CarBus ready PC Card Slots with fast infi-ared port- Wireless data transmission. DVD-ROM/CD w/3.5" floppy disk drive 800 x 600 resolution Windows XP Professional Version 2002 ~ Tosh~a Sound System with 16 bit stereo sound Integrated V.90/56K modem 1 Year parts and labor; battery. I year wan-anD' Chart consultation for 2 )~.. _aLno chame Sincerely, C~t. David A. Hughes (Ret.) Executive Director DAH/pm MEETING DATE: December 16, 2003 ITEM// CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: New City Hall Final Design and Authorization to Bid CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $7937886.0 0 $7296519.0 0 $640881.00 ATTACHMENTS: Final design, current cost estimate, current schedule estimate SUMMARY/BACKGROUND: At a special meeting on November 17, 2003, staff presented the preliminary design for the New City Hall. Council adopted a project budget as part of the midbiennial budget adjustment on December 2, 2003. Staff provided a schedule estimate to Council on December 2, 2003, in the context of the Police/Court lease discussion. The final design is complete and is attached for your review, along with the current cost estimate and schedule estimate. Staff may need to make some minor modifications to the final design to accommodate last minute issues, such as altering a wall, door, etc. The final design is almost identical to the preliminary design presented to the Council on November 17. The current cost estimate falls within the project budget adopted by the Council on December 2. The current schedule estimate is very similar to the schedule estimate presented to the Council on December 2. Please note that the move-in dates shown are target dates; the actual moves will be over a period of time, and staff needs to do more research into move logistics before we can propose actual dates. Staff recommends that Council approve the New City Hall final design; authorize staffto make minor modifications to the design as necessary; authorize staff to bid and construct the project in construction catagories recommended by the Architect and the Construction Manager; authorize staff to bid and construct an alternate schedule for phase two parking across South 333rd Street (phase one on the east side of the parcel is included in the base project while phase two on the west side is not) provided the schedule can be accommodated within the project budget minus contingency, and provided that staff will not award any bids for phase two parking until the Council decides on a location for an evidence storage building; and authorize staff to bid and construct an alternate schedule for critical/additional furniture provided it can be accommodated within the project budget minus contingency. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A - The full City Council reviews New City Hall issues. PROPOSED MOTION: "I move to: 1) Approve the New City Hall final design and 2) Authorize staff to make minor modifications to the design as necessary; 3) Authorize staffto bid and construct the project in construction catagories recommended by the Architect and the Construction Manager; 4) Authorize staffto bid and construct an alternate schedule for phase two parking across South 333rd Street (phase one on the east side of the parcel is included in the base project while phase two on the west side is not) provided the schedule can be accommodated within the project budget minus contingency, and provided that staff will not award any bids for phase two parking until the Council decides on a location for an evidence storage building; and 5) Authorize staff to bid and construct an alternate schedule for critical/additional furniture provided it can be accommodated within the project budget minus contingency." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 j~ I I I , II i1,.~' ! 4 ? ? Federal Way City Hall Construction Drawing Stage Statement of Probable Cost Created Revised 15-Oct-03 07-Dec-03 Building Related Maximum Allowable Building Construction Cost (MACC) Project Related (Soft) Costs 5,737,873 1,558,646 I,T.,otal BuiidAng Related Co,ts $ 7,296,fl18 [ Owner's Contingency [Tot, le ht,,d corn 10.0% $ 6,408,814 $ 640,881 $ 7,937,4001 Budget I Amount over or (under) budget Exclusions: Additional 95 Stalls Additional Furniture $ 228,475 $ 42,971 $ 7,937,886 $ (486)I $ 271,446 $ 302,648 David A. Clark Amhitoota, PLLC FWCostbybiddingoatcgorics 12-7-03: Final Summary Printed 12/7/2003, 8:56 PM Federal Way City Hall Construction Drawing Stage Statement of Probable Cost Project Related (Soft) Costs WSST ME ME Additional Sexvi~imbursables Moving Costs Conslxuction Manager Advertising, Bidding Costs Printing, Reimbursables Testing 2% for the Arts Stamp Created Revised 15-Oct-03 07-Dec-03 5,737,873 8.8% $ 5,737,873 $ 504,933 $ 6O4,648 $ 50,000 $ 80,000 $ - $ 40,000 $ 8,648 $ 28,827 $ 4,805 2.00/0 $ 11,599,000 $ 231,980 $ 4,805 To~l Project Rdnted (Solo David A. Clark Architects, PLLC FWCostbybiddingcategories 12-7-03: Project Costs Printed 12/7/2003, 8:55 PM Federal Way City Hall Construction Drawing Stage Costs by Bidding Categories Hard Bid: 1 Drywall/Partitions 2 Casework 3 HVAC 4 Electrical Small Works Roster 1 Fencing & Gates 2 Site Accessories 3 Concrete 4 Masonry 5 Metals 6 Finish Carpentry 7 Roofing 8 Caulking 9 Doors 10 Coiling Doors 11 Hardware 12 Glazing 13 Painting & wall coverings 14 Acoustical Ceilings 15 Resilient Flooring 16 Flooring Installation 17 Tile 18 Signage 19 Fire Extinguishers 20 Shelving 21 Projection screens 22 Toilet Partitions 23 Toilet Accessories 24 Appliances 25 Window Treatments 26 Epoxy Floor 27 Fire Sprinkler 28 Plumbing 29 Generator Competitive Negotiation 1 Security/Fire 2 Data Created Revised $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 79,544 11,235 43,267 51,086 80,785 131,207 19,367 6,955 104,922 10,593 91,294 101,459 190,313 191,329 46,334 54,995 53,570 33,063 2,515 38 520 4 227 17 639 3 210 5 270 3 704 11 770 61 793 101,580 85,600 $ $ 11 -Nov-03 07-Dec-03 483,528 484,528 304,051 579,715 1,637,144 318,025 311,850 Other Categories 1 Audio/Visual & Broadcast (By MIS), Competitive Negotiation $ 2 Furniture $ 3 Workstations $ 4 Carpet Flooring material purchase (direct) $ 5 North Parking Lot (By PW) $ 6 City Resources $ 7 Exterior Building Sign $ 465,000 119,945 319,400 267,351 316,258 100,613 30,464 [TOTAL ......................................................................................... $ S,737,873! !D ....0 Task Name ....................................................................... Du{at!.on....!: St_a? 1 Demolition 115 days Tue 09/02/03 2 Remove ceiling tile 1st floor 6 days Tue 09/02/03 4 lO 12 13 14 15 16 ~ 17 20 21 ~[] 22 23 24 25 26 27 28 29 3O 31 36 37 Remove & store doors 1st fir Demo existing walls 1st fir Remove flooring 1st floor Misc. demo 1st fir 1st floor cleanup Demo walls and ceiling lease space Remove ceiling tiles 2nd fir Remove & store doors 2nd fir Demo existing walls 2nd fir Remove flooring 2nd floor Misc. demo 2nd floor 2nd floor cleanup Electrical demo Order cell doors & frames Order HM frames Concrete cutting & removal cell floors Excavate for cell plumbing Cell rough-in plumbing Plumb. Inspect. for cover holding cells Concrete cutting Men's & Womens' shower Form & pour holding cell floor Holding cell cmu 5 days Wed 09/10/03 10 (lays Wed 09/17/03 6 days Wed 10/01/03 4 days Thu 5 days Wed 10 days Mort 01/05/04 5 days Mon 01/05/04 5 days Mon 01/12/04 4 days Wed 01/14/04 6 days Tue 01/20/04 4 days Wed 01/28/04 5 days Tue 02/03/04 10 days Mon 01/12/04 0 days Mon 12/08/03 0 days Mon 12/08/03 5 days Mon 12/08/03 4 days Mon 12/15/03 5 days Fd 12/19/03 0 days Tue 01/20/04 2 days Mon 01/19/04 3 days Wed 01/21/04 15 days Mon 01/26/04 Finish Mon 02~09~04 Tue 09/09/03 Tue 09/16/03 Tue 09/30/03 Wed 10/08/03 10/09/03 Tue 10/i4/03 10/15/03 Tue 10/21/03 Fri 01/16/04 Fri 01/09/04 Fri 01/16/04 Mon 01/19/04 Tue 01/27/04 Mon 02/02/04 Mort 02/09/04 Fri 01/23/04 Mon 12/08/03 Mon 12/08/03 Fri 12/12/03 Thu 12/18/03 Thu 12/25/03 Tue 01/20/04 Tue 01/20/04 Fri 01/23/04 Fri 02/13/04 Install cell doors & frames Cut asphalt Exterior electrical ground work Sallyport steel fabrication Excavate for sallyport found Sallyport wall foundation 2 days Fri 01/30/04 Mon 02/02/04 2 days Mon 12/15/03 Tue 12/16/03 Sallyport CMU 6 Sallyport steel arrival 0 Sallyport steel erection 3 Sallyport roof 4 Sallyport rollup doors 3 Security fenCing 6 Auto gates 4 3 days Wed 12/17/03 Fri 12/19/03 10 days Mon 12/22/03 Fri 01/02/04 ~ 2 days Mon 01/05/04 Tue 01/06/04 6 days Wed 01/07/04 Wed 01/14/04 days Thu 01/15/04 Thu 01/22/04 days Fri 01/02/04 Fri 01/02/04 ' days Mon 01/05/04 Wed 01/07/04 days Thu 01/08/04 Tue 01/13/04 days Wed 01/14/04 Fri 01/16/04 days Mon 01/19/04 M°n 01/26/04 days Mon 12/22/03 Thu 12/25/03 Page 1 lB 38 39 40 42 43 45 4~ 47 50 51 52 53 54 55 5~ 57 58 ~0 ~2 ~3 ~4 ~5 ~7 ~8 70 71 72 73 Task Name Duration Start Finish New parking lot 20 days Fri 04/02/04 Thu 04/29/04 Street cut-util. New lot Electical exterior rough in Asphalt patch Comcast Hub Relocate Engr. Exterior hard surfaces Sallyport gate Comcast Hub relocation Landsca ping NTP Building Contractors Structural 2nd floor Frame partitions 1st floor Frame soffits 1st floor Electrical R.I. 1st fir partitions HVAC rough-in 1st floor Grout HM frames Electrical R.I. 1st fir ceiling Frame partitions 2nd fir Frame soffits 2nd fir Frame Dais Plumbing rough in Fire sprinkler re work Electrical rough in 2nd fir part HVAC rough-in 2nd floor HM Frames 1st fir Inspect for cover 1st fir Insulate walls 1st fir Hang drywall 1st fir HM Frames 2nd flloor Electrical R.I. 2nd fir ceiling Inspect for cover 2nd fir Insulate 2nd fir Hang drywall 2nd fir Tape 1st fir Tape 2nd fir Generator set Securityfiire rough in 1st floor 2 days Fri 04~30~04 Mon 05~03/04 7 days Tue 05/04/04 Wed 05/12/04 2 days Thu 05/13/04 Fri 05/14/04 75 days Thu 11/20/03 Wed 03/03/04 10 days Tue 05/04/04 Mon 05/17/04 5 days Mon 05/17/04 Fri 05/21/04 60 days Thu 03/04/04 Wed 05/26/04 30 days Tue 05/18/04 Mon 06/28/04 0 days Fri 01/23/04 Fri 01/23/04 12 days Fri 02/27/04 Mon 03/15/04 15 days Fri 01/23/04 Thu 02/12/04 10 days Fri 02/13/04 Thu 02/26/04 8 days Fri 02/27/04 Tue 03/09/04 8 days Fri 02/27/04 Tue 03/09/04 3 days Fri 02/13/04 Tue 02/17/04 15 days Wed 03/10/04 Tue 03/30/04 15 days Tue 03/09/04 Mon 03/29/04 10 days Tue 03/30/04 Mon 04/12/04 4 days Tue 03/30/04 Fri 04/02/04 15 days Fri 01/30/04 Thu 02/19/04 5 days Tue 04/06/04 Mon 04/12/04 8 days Tue 03/30/04 Thu 04/08/04 10 days Tue 04/13/04 Mon 04/26/04 3 days Wed 02/18/04 Fri 02/20/04 0 days Tue 03/09/04 Tue 03/09/04 3 days Wed 03/10/04 Fri 03/12/04 7 days Thu 03/11/04 Fri 03/19/04 3 days Tue 03/30/04 Thu 04/01/04 15 days Fri 04/09/04 Thu 04/29/04 0 days Thu 04/08/04 Thu 04/08/04 3 days Fri 04/09/04 Tue 04/13/04 7 days Mon 04/12/04 Tue 04/20/04 10 days Mon 03/22/04 Fri 04/02/04 10 days Wed 04/21/04 Tue 05/04/04 5 days Thu 05/13/04 Wed 05/19/04 5 days Fri 04/30/04 Thu 05/06/04 Page 2 ID O Task Name Duration Start Finish 75 Data rough in 1st floor 5 days Fri 04/30/04 Thu 05~06~04 76 77 , 78 79 8O 81 82 i 84 85 86 89 92 99 '7 100 ......... .... 102 103 105 106 107 108 109 110 ' 111 AN rough in 5 days Fri 05/07/04 Thu 05/13/04 Paint 1st fir 15 days Mon 04/05/04 Fri 04/23/04 Paint 2nd fir 15 days Wed 05/05/04 Tue 05/25/04 Wall coverings 5 days Mon 04/26/04 Fri 04/30/04 Suspended ceiling grid 1st floor 4 days Fri 05/14/04 Wed 05/19/04 Fire sprinkler trimout/rehead 3 days Thu 05/20/04 Mon 05/24/04 Fire sprinkler hydo test 0 days Mon 05/24/04 Mon 05/24/04 Install casework 10 days Wed 06/02/04 Tue 06/15/04 Arcl~. Millwork 10 days Mon 04/12/04 Fri 04/23/04 Hang doors 4 days Wed 05/26/04 Mon 05/31/04 Door hardware 5 days Tue 06/01/04 Mon 06/07/04 Security glazing 2 days Wed 06/16/04 Thu 06/17/04 Lockers install 2 days Wed 05/26/04 Thu 05/27/04 Electrical trim out 9 days Wed 05/26/04 Mon 06/07/04 Lighting 9 days Thu 05/20/04 Tue 06/01/04 Security/fire trimout 4 days Thu 05/20/04 Tue 05/25/04 Hard surfaces 5 days Wed 05/26/04 Tue 06/01/04 Ceramic tile 4 days Wed 06/02/04 Mort 06/07/04 Toilet accessories 2 days Tue 06/08/04 Wed 06/09/04 Toilet partitions I day Wed 06/02/04 Wed 06/02/04 HVAC trim out 1st floor 3 days Thu 05/20/04 Mon 05/24/04 Plumbing trim out 4 days Wed 06/02/04 Mon 06/07/04 Firestopping 1 day Thu 05/20/04 Thu 05/20/04 Inspect for ceiling cover 0 days Tue 06/01/04 Tue 06/01/04 Ceiling tile 4 days Wed 06/02/04 Mon 06/07/04 VAT install 4 days Fri 06/04/04 Wed 06/09/04 Carpet install 1st floor 7 days Tue 06/08/04 Wed 06/16/04 Furniture install -modular 1st floor 7 days Thu 06/10/04 Fri 06/18/04 Data trim out 1st floor 5 days Mon 06/14/04 Fri 06/18/04 AN trim out and install 8 days Wed 06/16/04 Fri 06/25/04 Broadcast setup 14 days Mon 06/28/04 Thu 07/15/04 Visual display boards 2 days Mort 06/21/04 Tue 06/22/04 Projection screeens 2 days Mon 06/28/04 Tue 06/29/04 Signage 3 days Mon 06/21/04 Wed 06/23/04 HVAC start up 2 days Tue 06/08/04 Wed 06/09/04 Hub testing 10 days Thu 05/27/04 Wed 06/09/04 Page 3 ID O Task Name Duration Start Finish 112 TAB 5 days Thu 06/10/04 Wed 06/16/04 113 Fire test 114 Install appliances 115 Window coverings 116 Substantial completion 1st floor 117 Final clean 1st floor 118 Inspection for final 1st floor 119 Certificate of Occupancy 1st floor 120 Furniture install-office 1st floor ;~"~;i ..... ! Phone system 1st floor 122 Punchlist 1st floor 123 Final completion 1st floor 124 ~ Move in 1st floor 125 Data roughin 2nd floor 126 Security/fire 2nd floor ~-~ i Ceiling grid 2nd floor 128 Electical lighting/trim 2nd floor 129 Hvac trim out 2nd floor 130 Ins pect for ceiling cover 2nd floor 131 Ceiling tile 2nd floor 132 Carpet 2nd floor 133 Modular furniture 2nd floor ...... ~'~'~: i Data trim out 2nd floor .... ~'-~-,~ ..... ~ Office furniture install 136 Phone system 2nd floor ...... ~-~ .... ~ Punchlist 2nd floor 138 Final Completion ~-~ ~ [] Move in 2nd floor 0 days Tue 05/25/04 2 days Wed 06/16/04 2 days Thu 06/17/04 0 days Tue 05/25/04 2 days Wed 05/26/04 0 days Fri 06/25/04 0 days Fri 06/25/04 3 days Mon 06/21/04 3 days Thu 06/24/04 10 days Wed 05/26/04 0 days Thu 07/15/04 3 days Mon 06/28~04 5 days Wed 05/26/04 6 days Wed 06/02/04 8 days Thu 06/10/04 10 days Tue 06/22/04 5 days Tue 06/22/04 0 days Mon 07/05/04 5 days Tue 07/06/04 7 days Tue 07/13/04 8 days Fri 07/16/04 8 days Wed 07/28/04 2 days Mon 08/09/04 5 days Mon 08/09/04 5 days Mon 08/09/04 0 days Fri 08/13/04 4 days Mon 08/16/04 Tue 05/25/04 Thu 06/17/04 Fri 06/18/04 Tue 05/25/04 Thu 05/27/04 Fri 06/25/04 Fri 06/25/04 Wed 06/23/04 Mon 06/28/04 Tue 06/08/04 Thu 07/15/04 Wed 06/30/04 Tue 06/01/04 Wed 06/09/04 Mon 06/21/04 Mon 07/05/04 Mon 06/28/04 Mon 07/05/04 Mon 07/12/04 Wed 07/21/04 Tue 07/27/04 Fri 08/06/04 Tue 08/10/04 Fri 08/13/04 Fri 08/13/04 Fri 08/13/04 Thu 08/19/04 This schedule does not include the North Parking lot. Please note that the move-in dates shown are target dates; will be over a period of time, and staff needs to do more logistics before we can propose actual dates. the actual moves research into move Page 4