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HomeMy WebLinkAboutFS 2010-11-02 COMPLETE AGENDA PACKET Distribution: S. Hunstock D. Speck ILA City of Tukwila D. Quinn M. Hart R. Still w A. Ekberg S. Kerslake D. Tomaso ,S‘) Qs\ Finance and Safety K. Hougardy K. Kertzman J. Trantina L D. Robertson T Kinlow M. Villa Committee Mayor Haggerton K. Matej Judge Walden -.1 S. Lancaster P McCarthy B. Arthur De'Sean Quinn, Chair C. O'Flaherty M. Miotke C. Parrish J� S. Brown G. Labanara S. Kirby 0 Allan Ekberg J Ferrer -Santa Ines D. Lincoln S. Norris 2 90 0 Kathy Hougardy B. Giberson N. Olivas D. Haynes J. Pace AGENDA TUESDAY, NOVEMBER 2, 2010 CONFERENCE Room #3, 5:00 PM Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. 2010 Justice Assistance Grant (under $40,000). a. Information only. Pg.1 Don Lincoln, Assistant Police Chief b. Secure Our Schools Grant (over $40,000). b. Forward to 11/8 C.O.W. Pg.7 Mike Villa, Assistant Police Chief and 11/15 Regular Mtg. c. Business License Code Changes. c. Forward to 11/8 C.O.W. Pg.15 Jennifer Ferrer- Santalnes, Senior Fiscal Coordinator and 11/15 Regular Mtg. d. Budget Review: Finance, Insurance Fund, Contin- d. Information only. Pg.23 gency Fund, Contributions /Fund Balance, Police. Peggy McCarthy, Deputy Finance Director Please bring your budget books. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, November 16, 2010 Committee Goals: x Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road. x Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to CAP). x Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to CAP). 6 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 (TDD 206 248 -2933) for assistance. Blank 1- 1- ty o J W j+ 4s City of Tukwila Yy Jim Haggerton, Mayor 2908 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Don Lincoln, Assistant Chief of Police DATE: October 27, 2010 SUBJECT: JUSTICE ASSISTANCE GRANT ISSUE The Tukwila Police Department has been awarded a Justice Assistance Grant in the amount of $26,766.00 No City match is required. DISCUSSION The purpose of this grant is to provide a funding mechanism so that the Tukwila Police Department can enhance outreach and understanding between the police and the refugee communities of Tukwila. Although the grant was written with a focus on the Somali population, it can be applied to other refugee communities as well. This grant provides funding for three primary areas: 1) To demonstrate support for the community by supplying equipment to sponsor their soccer teams; 2) To provide travel and associated costs so the staff can interact with like jurisdictions experiencing similar challenges; and 3) To provide for translation services not necessarily associated with criminal investigations. While the $26,766 dollar amount is under the $40,000 threshold that requires Council approval and there is no required match in dollars, we wanted to make you aware of the grant award and of the outreach efforts in the community. RECOMMENDATION Information Only ATTACHMENTS Department of Justice Grant Documents 1 10-1 03 Department ofJustice Council Approval N/A Office ofJustice Programs E PAGE 1 OF 5 Bureau ofJustice Assistance Grant ;..✓vsrt I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 14. AWARD NUMBER: 2010 -DJ -BX -1322 City of Tukwila 6200 Southceoter Boulevard 5. PROJECT PERIOD: FROM 10/01/2009 TO 09/30/2013 Tukwila, WA 98188 -2544 BUDGET PERIOD: FROM 10/01/2009 TO 09/30/2013 6. AWARD DATE 09/10/2010 7 ACTION IA. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial 916001522 00 9. PREVIOUS AWARD AMOUNT 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD 26,766 Public Safety Collaboration 11. TOTAL AWARD 26,766 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY1 0 (BJA JAG) 42 USC 3750, et seq- 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE J 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch B Jim Haggerton Acting Director Mayor 17 SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGEN US /ONLY 20. ACCOUNTING CLASSIFICATION CODES 21 JDJUGT2755 FISCAL FUND BUD. DIV YEAR CODE ACT OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 26766 OJP FORM 4000 /2 (REV 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV 4-88) 2 Department of Justice r Office of Justice Programs AWARD CONTINUATION bureau of Justice Assistance SHEET PAGE 2 OF 5 Grant PROJECT NUMBER 2010 -DJ -BX -1322 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 1 The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W Room 4706 Washington, DC 20530 e -mail: oig.hotline @usdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ OIG website at www.usdoj.gov /oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP 7 The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV 488) 3 Department of Justice Office of Justice Programs AWARD CONTINUATION °a I Bureau of Justice Assistance SHEET PAGE 3 OF 5 e, 4,,.... vsT„s:— Grant PROJECT NUMBER 2010 -DJ -BX -1322 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http: /www.niem .gov /impiementationguide.php. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department ofJustice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation The Equal Treatment Regulation provides in part that Department ofJustice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http: /www.ojp .gov /about/ocr /equal_fbo.htm. 11. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 12. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. 13. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http /www.it.ojp.gov /default.aspx ?area =pol icyAndPractice &page =1046. 14 Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office ofJustice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 15. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23 OW FORM 4000/2 (REV 4 -88) 4 b/. Department of Justice 4"b' Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 5 ma Via �d- rig04; Grant 1 1 PROJECT NUMBER 2010 -DJ -BX -1322 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http: /www.ojp.usdoj.govBJA/resource /nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 17 The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest- bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF -425). 18. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. OJP FORM 4000/2 (REV 4-88) /1 5 4 dew, Department ofJustice Office of Justice Programs AWARD CONTINUATION 1 .y Bureau of Justice Assistance SHEET PAGE 5 OF 5 Grant PROJECT NUMBER 2010 -DJ -BX -1322 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 19. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS (https: /grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103 -62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 20. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 21. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet- based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 22. Recipient acknowledges that it may not expend or drawdown grant funds until it has submitted all delinquent reports for grants funded by OJP, including the 1) Federal Financial Report (SF 425); 2) annual performance reports; 3) quarterly performance metrics reports;or 4) final reports. Recipients are encouraged to contact their BJA grant manager with questions concerning these delinquent reports. All reports must be submitted electronically. 23. Recipient may not obligate, expend or drawdown funds until the Bureau ofJustice Assistance, Office ofJustice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 24 Recipient may not expend or drawdown funds until the Bureau ofJustice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 25. Recipient may not obligate, expend, or drawdown funds until the Bureau ofJustice Assistance, Office ofJustice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 26 Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. OJP FORM 4000/2 (REV 4-88) 6 o 4 �y City of Tukwila a o Jim Haggerton, Mayor 9os= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Dennis McOmber, Investigation Division Commander DATE: October 27, 2010 SUBJECT. Secure Our Schools Grant ISSUE The Tukwila Police Department would like to accept a U S. Department of Justice Community Oriented Policing Services Secure Our Schools grant in the amount of $76,437 for use in funding an upgrade to security monitoring equipment at Showalter Middle School. BACKGROUND The Tukwila School District expressed a desire to increase safety at Showalter Middle School through an upgrade in video equipment and the installation of a secured access control system for school facilities. The Police Department, in cooperation with the Tukwila School District, has successfully applied for federal grant money to facilitate this project. The next step in the process is for the city to formally accept the award. DISCUSSION The goals of this project are to increase school safety, deter criminal incidents, improve the effectiveness of identifying individuals involved in unsafe and /or criminal activity, and to control access to the school buildings. The School District, in consultation with police department personnel, will be responsible for identifying and purchasing the security equipment. The types of authorized equipment and the associated costs are described in the grant paper work. For its part, the Police Department will handle fiscal management and reporting to the U.S. Department of Justice. The school district will provide a 50% match of grant funds and will invoice the Police Department for reimbursement up to the amount specified in the award. There is no additional financial obligation on the part of the city or the police department. RECOMMENDATION The Council is being asked to provide acceptance of the U.S Department of Justice Secure Our Schools grant in the amount of $76,437 (no City match required) at the November 8, 2010 Committee of the Whole meeting and subsequent November 15, 2010 Regular Meeting. ATTACHMENTS Memorandum of Understanding between the Police Department and School District U.S. Dept. of Justice Final Funding Memo Award letter 7 8 0 l Cif Tukwila Jim Haggerton, Mayor i N•., ff Police Department David W. Haynes, Chief of Police fy,W,, r An Accredited Agency 1908 June 21, 2010 Office of Community Oriented Policing 1100 Vermont Avenue NW US Department of justice Washington D.C. 20530 Dear Department of Justice Grants Administrators: The leadership of the Tukwila School District and the Tukwila Police Department are pleased to submit this Memorandum of Understanding which outlines the roles and responsibilities we will share to ensure the successful implementation of the tools and resources that will be incorporated into the Tukwila School System as a result of the grant from the U.S. Department of Justice Coininunity Oriented Policing Services Secure Our Schools grant, submitted June 21, 2010. As outlined in the grant application, this grant provides for the purchase of updated security monitoring equipment and a secured access system for Showalter Middle School in Tukwila, WA. The goals of installing these systems are to: 1) Increase school safety and enhance the effectiveness of the Tukwila Police Department's School Resource Officer to promote a safe school environment. 2) Deter unsafe and criminal incidents, and 3) Improve the effectiveness of identifying individuals involved in unsafe or criminal activity on school grounds and buildings, and 4) Control access to the school and its buildings. The objectives of the project are to: 1) Identify, purchase, and install an upgraded 5.0 Mega Pixel Security Camera System. 2) Identify, purchase, and install a key card system with lockdown and access control capabilities. 3) Train the school staff and School Resource Officer to use and access the equipment's capabilities effectively. Program management responsibilities for this project will be led by the following representatives from the Tukwila School District: Linda Sebring, Executive Director of Finance and Operations and Brett Christopher, Principal at Showalter Middle School. Principal Christopher will work closely with Lisa Harrison, the Tukwila PD's School Resource Officer who will be the key liaison between the School District and the Police Department. Ms Harrison and the School 6200 Southcenter Blvd a Tukwila, WA 98188 Phone. (206) 433 -1808 a Admin. Fax.-(206) 244 -6181, Invest. Fax.-(206) 431 -3688 9 -2- District representatives will consult with Mike Villa, Assistant Police Chief at the Tukwila Police Department and his staff when necessary during the purchase, installation of the equipment and staff trainings. As the primary fiscal agent, the Tukwila Police Department will be responsible for the financial management responsibilities of the grant and quarterly fiscal reports. The School District will be responsible for identifying and purchasing the equipment, in consultation with Police Department personnel, and will invoice the Police Department for grant reimbursement up to the amount of the grant award. The School District will be responsible for the 50% match as per the grant conditions. Annual progress reports will be developed by the School District program management team and School Resource Officer. Reports will be reviewed by Mike Villa, Assistant Police Chief and submitted to the Department of Justice by the Tukwila Police Department. Community Oriented Policing is a key element of the Tukwila Police Department's philosophy and the relationship with the Tukwila School District. To enhance partnering and problem solving, we have implemented several community -based programs, formed and chair citizen action committees, and engage community based groups throughout the City. Our Community Oriented Citizens Advisory Board includes citizens, business, school representative, and student representation that collaborate directly with the Police Chief on community issues and problems. Representatives from the Police Department regularly meet with citizens and businesses from the Tukwila International Boulevard Action Committee, Citizens Without Borders, the School District, the Tukwila Apartment Managers and Owners, BlockWatch partners, and the East African Community Council to address community problems. The partnership with the School District offers a unique opportunity to bring the students, parents, staff, and community together to solve problems by aligning the people and the systems that protect students and staff. We believe the equipment provided tlurough this grant in tandem with the continued work of the SRO, environmental changes, policy changes, and staff training can catalyze an organizational transformation that will result in a safer school and safer surrounding community. Effective performance in response to the goals and objectives of this grant will be achieved if we meet the following mileposts: 1) Equipment is identified, purchased, and installed by July 2011. 2) Training and implementation plans are completed by August 31, 2011. Before the 2011- 2012 school year begins. 3) In the fall of 2011, the cameras and access control equipment will be tested in alignment with the recommendations of the equipment manufacturers and the recommendations of the Tukwila Police Department. School staff will be drilled in the use of this equipment. 4) By August 2011, all equipment will be integrated into the school safety plan and the community oriented police work of the School Safety Officer. 62(L'oulhcenter Blvd. 0 Tukwila, WA 98188 0 Phone: (206) 433 -1808 Admin. Fax: -(206) 244 -6181; Invest. Fax• -(206) 431 -3688 -3- This agreement will become effective on the first day of the grant award and will remain in effect for two calendar years (2010- 2012). The School District and Police Department began their relationship in the mid 1980's with the DARE program. From that beginning grew a long- lasting joint venture that has truly encompassed community policing. In the early 1990's, the Police Department Chief of Police began meeting with the School Superintendent, School Principals, and the community to better communicate and evaluate issues surrounding the schools, the students, families and staff. Together they are able to quickly address and problem -solve any escalating issues. In 1999, the community implemented the School Resource Officer Program (SRO). The SRO has been a key component to working with school officials, students and families to resolve problems as they arise in a timely manner. The Police Department and School District remain steadfast in working together. This is evident by a joint commitment to continue the DARE program and the SRO Program even during tough budget years and the commitment to implement new ideas that improve the safety of students. The Tukwila Police Department and the Tukwila School District thank the U.S. Department of Justice for this opportunity, and look forward to continuing the important work made possible through our partnership. With Regards, �J David Haynes, Chief of Police Tukwila Police Department Etbelda Burke, Superintendent Tukwila School District 6200 Southcenle' 131vd e Tukwila, W4 98188 Phone: (206) 433 -1808 Adinin Fax -(206) 294 -6181, Invest Fax -(206) 431 -3688 1 1 Secure Our Schools o r r L 1 Final Funding Memo U.S. Department of Justice, Office of Community Oriented Policing Services Legal Name: Tukwila Police Depailuient ORI: WA01723 Grant Number: 2010CKWX0697 Date: September 28, 2010 Amount Equipment Ouantitv Cost/Item Total Item Cost Disallowed Total Allowed Reason Disallowed /Adiusted Badge Printer 1 6,598.00 6,598.00 0.00 6,598.00 Burglar Alarm Upgrade 1 16,635.00 16,635.00 0 00 16,635.00 Lockdown and Access Control 1 63,044.00 63,044.00 0 00 63,044.00 Video Camera Upgrade 1 60,897.00 60,897.00 0.00 60,897.00 Total: 0.00 147,174.00 Amount Other Ouantitv Cost/Item Total Item Cost Disallowed Total Allowed Reason Disallowed Adiusted Additional Lock Rekey 12 405.00 4,860.00 0.00 4,860.00 Initial Locksmith Rekey 1 840.00 840 00 0.00 840 00 Total: 0.00 5,700.00 Grand Total: Total Federal Share: 76,437.00 Total Local Share: 76,437.00 Total Project Costs: 152,874.00 Total Disallowed Costs: 0.00 Cleared Date: 7/26/2010 Overall Comments: Paget of 2 Dennis McOrnber Secure Our Schools Award Notification From: "Cops_Info" To: Date: 09/29/2010 8:25 AM Subject: Secure Our Schools Award Notification k U.S. Department of Justice Office of Community Oriented Policing Services Office of the Director 1100 Vermont =l ve. !VW Washington. DC 20530 September 29, 2010 Chief of Police David Haynes Tukwila Police Department 6200 Southcenter Boulevard Tukwila, WA 98188 Re Secure Our Schools Grant Program Grant 1#20 LOCK WX0697 OW. WA01723 Dear Chief of Police Haynes: Congratulations! On behalf of Attorney General Eric Holder, 1 am pleased to inform you that the COPS Office has approved your agency's request for $76437 under the COPS Secure Our Schools (SOS) grant program. This award will provide your agency with the opportunity to enhance a variety of school safety equipment and /or programs to encourage the continuation and enhancement of school safety efforts to prevent school violence within your community. The grant period for your SOS award is September 1, 2010 through August 31, 2012. It is our hope that this SOS grant will help place agencies at the forefront of innovative school safety developments. Within the next few weeks, we will send your agency an award package containing your official award document, a Financial Clearance Memorandum, and a Final Funding Memorandum. To accept the grant when the award package arrives, you must sign the award document and any applicable special conditions, and return them to the COPS Office within 90 days of the date on the letter accompanying the award package. The SOS grant award start date is September 1, 2010 Therefore, your agency can be reimbursed for approved costs after this date Please be advised that some of your requested items may not have been approved by the COPS Office during the budget review process. When you receive your award package, please carefully review your Financial Clearance vlemorandum and Final Funding Memorandum to determine your approved budget, as grant funds may only be used for approved items. The Financial Clearance Memorandum will specify the final award amount and your 50% local match, and will also identify any disallowed costs. Also, a supplemental online award package for 2010 Secure Our Schools grantees can be found at htto./ /www.cons.usdoi.eov /Default.aso ?Item-- =2368 We strongly encourage you to visit this site immediately to access a variety of important and helpful documents associated with your award, including the SOS Grant Owner's Manual, which specifies the programmatic and financial terns, conditions, and requirements of your grant. A Frequently Asked Questions (FAQ) document can also be found at this website, which will assist you with many questions you may have about your new SOS award. We look forward to working with your agency under this grant program to address growing school safety and security concerns. if you have any questions about your grant, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1 800 421 6770 tile: /C:\ temp\ XPgrpwise\ 4CAF2DC4tulc- maiIPD- Post20020000AC 13 D6B 1 \GW 00001... 10/08/2010 3 Page 2 of 2 Sincerely, OW- Bernard K. Melekian Director 14 ti le: /!C temp \XPgrpwise 4CAP2DC4tuk- mailPD- POSt20020000AC 1 3 D6B 1 \G W; 00001 10/08/2010 *ILA ;l1' tticiw 4s City of Tukwila a b ro Jim Haggerton, Mayor 2 IN FORMATIONAL MEMORANDUM 190 TO: Mayor Haggerton Finance and Safety Committee FROM: Jennifer Ferrer -Santa Ines, Senior Fiscal Coordinator DATE: October 26, 2010 SUBJECT: Denial or Revocation of Business License(s) Resulting from Unpaid /Delinquent Accounts, Repealing Codes no longer Current, Changing Language to reflect Finance assuming Business Licensing from the City Clerk ISSUE The City currently has a number of unpaid and /or delinquent customer accounts (including utility payments, non sufficient fund checks and accounts receivables) whose collectability could increase if there was enforceable action that could be taken in response to non payment. TMC Title 5 Business Licenses and Regulations, Chapter 5.16 "Card and Pool Rooms Chapter 5.40 "Massage Establishments" are no longer needed because no State Code require pool tables to be separate from areas where minors are allowed and RCW 35.21 692 does not allow or impose requirements that are different than other businesses if the massage establishment has a massage practitioner's license issued by the State. The Finance Department has assumed Business Licenses from the City Clerk's Office. Language in the Code needs to be updated to reflect this change. BACKGROUND Current Tukwila Municipal Code, Section 5.04.110 addresses the denial and revocation of business licenses that were 1) procured by fraud or false information in the application, 2) non- compliance of building, structure, equipment, operation or 3) location of the business for which the license was issued, or the license holder has knowingly violated any provisions of any chapter of the Tukwila Municipal Code. Repealing Chapter 5.16 "Card Pool Rooms" Per the City Attorney, this language is old and probably written when it was common for pool tables to only be in bars etc. Currently there is not any State Code requiring pool tables to be separate from areas where minors are allowed. Repealing Chapter 5.40 "Massage Establishments" Per RCW 35.21.692 we cannot charge a massage business more or impose requirements that are different than other businesses such as therapists (if they have a massage practitioner's license issued by the State). Therefore we require proof of their massage practitioner's license from applicable businesses each year. Effective November 15, 2010, the Finance Department will be assuming all Business License responsibilities from the City Clerk's Office. The current language in the Code refers to the City Clerk and needs to be changed to the Finance Director. 15 INFORMATIONAL MEMO Page 2 DISCUSSION The current ordinance addresses reasons for denial and revocation of a business license as mentioned above; however, it does not address revocation or denial as a penalty for non- payment. If the City added a new section to the existing ordinance addressing licensee default in any payment of any fee, or tax due to the City under the TMC or City Policy, that would constitute grounds for denial or revocation of their business license until said fee or tax was paid. Existing TMC 5.16 Card and Pool Rooms” was created in 1951, when it was common for pool tables to be located in bars and /or taverns etc. Currently there are not any State Laws that state that pool tables must be separated from areas where minors are allowed. Today this type of establishment is required to get a business license and each pool table is licensed as well. Existing TMC 5.40 "Massage Establishments since RCW dictates and regulates Massage Establishments, it is no longer necessary for the City to have additional codes. The State code takes priority over City code. Since the Finance Department has become the issuing office of Business Licenses, the code language needs to be updated to reflect this change. Currently the code refers to the City Clerk. When the Finance Department absorbs these responsibilities, the code will need to refer to the Finance Director. RECOMMENDATION The Council is being asked to approve the attached Ordinance, approve the repeal of TMC 5.16, TMC 5.40 and approve the language updates for the issuing department. The Council is being asked to consider this issue at the November 2, 2010 Finance Safety Committee meeting, November 8, 2010 Committee of the Whole Meeting and the November 15, 2010 Regular Meeting. ATTACHMENTS Draft Ordinance 16 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 5.04 'BUSINESS LICENSES AND REGULATIONS" TO UPDATE THE ISSUING DEPARTMENT AND TO CLARIFY PROCEDURES FOR DENIAL OR REVOCATION; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 5.04, BUSINESS LICENSE AND REGULATIONS, 5.16, "CARD AND POOL ROOMS," AND 5.40, "MASSAGE ESTABLISHMENTS PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the current Business Licenses and Regulations section of the Tukwila Municipal Code were last updated in 1996, by Ordinance No 1788 and operational changes require an update to the regulations; and WHEREAS, Tukwila Municipal Code Chapter 516 is no longer applicable because State Statute no longer has provisions regarding pool /billiard tables to be segregated from minors, and WHEREAS, per RCW 35.21.692, State licensed massage practitioners may not be subject to additional licensing requirements, therefore Tukwila Municipal Code Chapter 5 40 is no longer valid, and WHEREAS, the Finance Department has become the issuing office for Business Licenses within the City and housekeeping amendments are required to reflect this change in City operations; and WHEREAS, the City Council has considered the provisions of Tukwila Municipal Code Chapter 5 04 and desires to clarify the procedures for denial or revocation of business licenses; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 5.04 is amended to read as follows: TMC Section 5.04.010 "Definitions." For the purpose of this chapter, the following definitions shall apply: 1 "Business," means any operation performed by any person which involves the manufacturing or processing of materials of any type, the sale of goods, wares or merchandise, the rendition of services or the repair of goods, wares or merchandise to the general public or a portion thereof for any consideration at each established place of business, store, office, shop or yard within the City limits. 2. "Department," means Finance Department. 3. "Director," means the Finance Director or his or her designee. 4. "License or licensee," as used generally in this chapter, means and includes respectively the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance. W.\ Word Processing Ordinances Business Licenses Generaldoc C•n,rl, Page 1 of 5 17 5. Nonprofit or'anization" includes individual oerson(s), partnerships, ioint ventures, societies, associations, churches, clubs, trustees, trusts or corporations; or any officers, agents. employees, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or any other person under either personal appointment or pursuant to law who qualifies under definition of and certification by the Internal Revenue Service as nonprofit. 6. "Person," means any individual, receiver, agent, trustee in bankruptcy, trust, estate, firm, co- partnership, joint venture, company, joint stock company, business trust, corporation, society, or group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise. 7 "Person engaged in business" means the owner or one primarily beneficially interested in lawful business for profit and not employees. 8. "Horne occupation" means any business conducted in a residence within the corporate city limits of Tukwila, such business being subject to the requirements set forth in TMC 18.06.430. TMC Section 5.04.012 "Purpose." The purpose of this chapter is to regulate and insure the legal conduct of businesses, assist in the effective administration of health, fire, building, zoning and other codes of the City, to impose fees for revenue purposes, and to provide a means for obtaining public information and compiling statistical information on existing and new businesses in the City. TMC Section 5.04.015 "Business License Required." No person or persons shall conduct, maintain, overate, or engage in any business within the City without first applying for and obtaining a business license and paving the fee(s) as prescribed herein unless the business is exempt. The exemption is only from the need to obtain a business license and shall not be construed as relief from compliance with other requirements of the Tukwila Municipal Code. TMC Section 5.04.020 "Application and fees required." A. Any person desiring to establish or conduct any business enterprise or undertaking within the corporate limits of the City shall first apply to the City Clerk Finance Department for a license to conduct such business. The application shall be upon a form furnished by the Finance Department on which the applicant shall state the company name and address; the nature of the business activity or activities in which he desires to engage; the place where the business will be conducted, the number of employees, whether full or part -time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date; and other information pertaining to the business as required by the City. B The application must be accompanied by a check, cash or money order for the amount of the license fee. All fees will be based on the number of employees, whether full or part -time, as follows: 0 to 10 $100.00 11 to 20 $150.00 21 to 50 $300.00 51 to 100 $400 00 101 and up $600.00 Home Occupation (pursuant to TMC 5 04.010) $50 00 TMC Section 5.04.030 "Renewal." Upon review and approval of the application, the City Clerk Finance Director will issue a license to the applicant. The license shall grant to the applicant the privilege to conduct such business at a designated location in the City Such license may be renewed by payment of the year's fee prior to January 1. TMC Section 5.04.040 "Prorating fee." The license fee set forth in this chapter shall be for the calendar year, and each person engaged in business must pay the full license W. Word Processing \Ordinances \Business Licenses General.doc Cv:mrin Page 2 of 5 18 fee either for the current year or portion thereof during which year or portion thereof he engages in business. TMC Section 5.04.050 "Fee for Late Acquisition or Renewal." The license fee shall be increased for failure to acquire a license within 30 days of commencing business operations or for failure to renew said license within 30 days of expiration date in the following amounts: First 30 days, $20 00; each 30 days thereafter, $20 00 TMC Section 5.04.060 "Transferability The license granted in pursuance hereof shall be personal to the licensee and it shall not be assignable or transferable to any other person. TMC Section 5.04.070 "Change in Nature of Business." The license granted in pursuance hereof shall be used to conduct the business or type of business at the designated address for which such license is issued. Any change in the nature of the business shall necessitate a renewed application to the Finance Department. TMC Section 5.04.080 "Required Display It is unlawful for any person to engage in or carry on any business activity in the City without first procuring a license as provided in this chapter The license shall thereafter be prominently displayed in the place of business of the applicant. TMC Section 5.04.090 "Exemption." Nothing in this chapter shall be construed to require a license for any farmer, gardener, or other person to sell, deliver or peddle any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place within the State. TMC Section 5.04.100 "Failure to Pay Fee." If any person engaged in business fails or refuses to pay the license fee for any year as herein provided, they shall not be granted a license for the current year until such delinquent license fees as set forth in TMC 5 04.050 have been paid, in addition to the current years' required fee. Such fees may be collected by the City by proper legal action brought for that purpose if any person engaged in business fails or refuses to pay the license fee. This remedy is cumulative and not exclusive. TMC Section 5.04.105 "Issuance of Business License." A. A business license will only be issued provided the building, structure, operation or location of the business for which the license is sought complies with the requirements or standards of the Tukwila Municipal Code. B. In anv case where an applicant seeks a business license for a business to be located in a building or structure for which a building or land use permit is required to operate the business as proposed, whether as a newly constructed building or structure or a remodeled building or structure. the permit process, including final inspections /issuance of occupancy permits, shall be completed prior to issuance of a business license. C. In anv case where an applicant seeks a business license for a business to be located in a building or structure for which no building or land use permit is required to operate the business as proposed, the building department may require the business premises to be inspected for compliance with life and safety codes. If the inspection reveals outstanding code violations. the business license will not be issued until all life and safety code violations are resolved. TMC Section 5.04.110 "Denial Revocation." A. The Finance Director may denv any business license application pursuant to 5.04.105. B The Finance Director City Clerk may deny or revoke any license under this chapter for up to a period of one year where one or more of the following conditions exist: W. \Word Processing \Ordinances \Business Licenses General.doc CW:nnrl, Page 3 of 5 19 1. The licensee is in default of anv fee. charges or amounts due and payable to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy. 2. The license was procured by fraud or by a false or misleading representation of fact in the application, or in any report or record required to be filed with the City Clerk Finance Department; 3 The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code; 4. The license holder, his or her employee, agent, partner, director, officer or manager has knowingly violated any provisions of any chapter of the Tukwila Municipal Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or her business premises. C. Upon determination that grounds for denial, suspension or revocation of a license exist, the City Clerk Finance Director shall send the license holder a Notice of Denial, Suspension or Revocation. Grounds for denial, suspension or revocation include, repetition of a violation of any provision of City policies or the Tukwila Municipal Code that has been accompanied by a warning notice of such violation or previous notice of the violation. The Notice of Denial, Suspension or Revocation shall set forth the grounds for and terms of the denial, suspension or revocation and a statement advising that the person may appeal from the Notice of Denial, Suspension or Revocation to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk Finance Director within 10 days from the date of receipt of the Notice of Denial, Suspension or Revocation, and that failure to so appeal shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter Upon issuance of such Notice, the license is suspended or revoked and is no longer valid and current, unless appealed as provided in this chapter, in which case the effect of the suspension or the revocation is stayed pending the outcome of the appeal. D Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall be served upon the license holder either personally or by mailing a copy of such Notice by certified mail, postage prepaid, return receipt requested to such license holder to his or her last known address as provided in the license application. Alternatively, the Notice may be posted upon the premises where such license holder conducts his or her business, which is the subject of the denied or revoked license. TMC Section 5.04.112 "Appeal of Notice of Denial, Suspension or Revocation." A. Appeals from a Notice of Denial, Suspension or Revocation under this chapter shall be conducted in the same manner as appeals from a "Notice and Order" under Tukwila Municipal Code Chapter 8.45. B. The appeal shall be filed with the City Clerk's Finance Department's Office along with an appeal fee of $250.00. TMC Section 5.04.114 "Violations." Per TMC Section 8.45.030.C, it is unlawful for anv person or persons to engage in or conduct business within the City of Tukwila without first obtaining appropriate business licensing. A. A businesses' first violation of this chapter shall result in a license suspension for ninety (90) days. B. A businesses' second violation of this chapter shall result in a license suspension for one hundred eighty (180) days. C. A businesses' third violation of this chapter shall result in the revocation of the licence for one year. W.\ Word Processing Ordinances Business Licenses General.doc CW:mrh Page 4 of 5 20 TMC Section 5.04.115 "Penalties." Any violation of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to the penalties prescribed in Chapter 8.45 of the Tukwila Municipal Code "Enforcement and shall be imposed pursuant to the procedures and conditions set forth in that chapter TMC Section 5.04.116 "Effect of Denial or Revocation." No person or business may reapply for a business license merely by renaming the business. The denial or revocation of a license applies to any business entity, regardless of its name, that is operating under the same ownership and /or management and engages in substantially the same type of business enterprise as that of a business that has been previously denied a license or has had its license revoked under this chapter within a year of such application for a license. TMC Section 5.04.120 "Regulations Adoption and Publication Failure to Comply The City Clerk Finance Director shall have the power and it shall be her their duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the law, for the purpose of carrying out the provisions hereof, and it is unlawful for any person to violate or fail to comply with any such rule or regulation. Section 2. Repealer for Tukwila Municipal Code 5.04 "Business Licenses Generally." Ordinance Nos. 1788 51 (part), 1838 §3, 2120 §1, 2179 52, and 2299 §1, are hereby repealed. Section 3. Repealer for Tukwila Municipal Code 5.16 "Card and Pool Rooms." Ordinance Nos. 204, 416 (part), and 374 (part) are hereby repealed. Section 4. Repealer for Tukwila Municipal Code 5.40 "Massage Establishments." Ordinance No. 1534 52 (part) is hereby repealed. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST /AUTHENTICATED Christy O'Flaherty, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council. Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number 14� \Word Processing Ordinances \Business Licenses General.doc cw: „rh Page 5 of 5 21 22 y it�,� o Tuhw�la F y lr Cit Council 190 MEMORANDUM TO: Finance Safety Committee FROM: Kimberly Matej, Legislative Analyst CC: Steve Lancaster, City Administrator Shawn Hunstock, Finance Director DATE: October 8, 2010 SUBJECT: Budget Review Committee Schedule Council Committees have each been assigned portions of the Preliminary 2011 -12 Biennial Budget to review over the course of two consecutive meetings The review schedule for the Finance Safety Committee is listed below. afet iii- Fin a�nce�� le w� Schedu Rev re Tu400i ;.0ctober19,2010 Budget :Pd: Numbe es* CIP Pg Numbers* Insurance Fund LEOFF1 OF -44 Firemen's Pension Fund OF -45 Fire GF -119 to GF -141 Fire Reserve Equipment OF -9 s. Tue 3November2, 20.10... Budget, Pg Numb CIP Pg. Numbers* Finance GF -37 to GF -41 Insurance Fund OF -43 Contingency Fund Page TBD Contributions /Fund Balance GF-173 Police GF -91 to GF -117 Attachment A CIP VII -IX Attachment B CIP XI Attachment C CIP XII -XV I *The Preliminary Budget and CIP are included in the same binder for review. The Budget has been inserted first, separated as General Fund (GF) and Other Funds (OF). The CIP is second, separated by a green page divider entitled CIP. 23 24