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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 06/25/2015 l a" ',RENt. Parks & Human Services Committee Agenda Councilmembers: Brenda Fincher - Dennis Higgins - Deborah Ranniger, Chair June 25, 2015 5:00 P.M. Item Description Action Speaker Time Page 1. Call to order Chair Ranniger 01 2. Roll Call Chair Ranniger 01 3. Changes to the Agenda Chair Ranniger 01 - 4. Approval of Minutes, dated May 28, 2015 YES Chair Ranniger 01 01 5. TourWest Grants from WESTAF for YES Ronda Billerbeck 05 05 2015/2016 Programs 6. Animal Control - Ordinance Amending YES Jeff Watling 15 17 Chapter 8.03 of the Kent City Code - Recommend Adoption 7. Lower Russell Green River Levee Project NO Jeff Watling 10 31 Update 8. Director's Report NO Jeff Watling 05 33 Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the fourth Thursday of each month in Kent City Hall, Council Chambers East, 220 4ch Ave S, Kent, 98032. For additional information please contact Teri Petrole at 253-856-5101 or via email at Wet role Cabkentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 O KEItl l KEW?a Parks and Human Services Committee Meeting Minutes Council members: Brenda Fincher . Dennis Higgins + Deborah Ranniger, Chair Director Jeff Watling May 28, 2015 - 5:00 p.m. 1. Call to Order: Committee member Higgins called the meeting to order at 5:03 p.m. 2. Roll Call: Committee members Dennis Higgins and Brenda Fincher were present. Chair Debbie Ranniger was absent I 3. Changes to agenda: None 4. Approval of Minutes Dated April 23, 2015 Committee member Fincher MOVED to approve the minutes dated April 23, 2015. Committee member Higgins SECONDED. The motion PASSED 2-0. 5 4Culture Sustained Support Grant Agreement for 2015 Programs Ronda Billerbeck, Manager of Cultural Programs informed the committee that the Cultural Development Authority of King County (4Culture) awarded the Kent Arts Commission $17,000.00 in Sustained Support funding through a competitive grant process. The funding supports 2015 programs, including Spotlight Series performances, Kent Kids' Arts Day and Kent Summer Concert Series. The committee spoke highly of the amount of events that are funded through grants and the variety of programs provided. Watling recognized Cultural Programs staff for their success in getting grants. Committee member Fincher MOVED to recommend council authorize the mayor to accept the Sustained Support grant from 4Culture in the amount of $17,000.00, amend the budget, sign all necessary documents, and authorize expenditure of funds in accordance with the grant agreement, subject to terms and conditions acceptable to the parks director and city attorney. Committee member Fincher SECONDED. The motion PASSED 2-0. 6 Professional Services Agreement with ARC Architects for the City Hall Campus Space Efficiency Project Jeff Watling, Director of Kent Parks, Recreation and Community Services reported that, with the results of the November vote on the Public Safety bond measure, discussion was held at the City Council Retreat on the efficiency of current office space within the City Hall campus and whether there is a creative way to find Page 1 Page 2 additional capacity that would allow us to address our public safety space needs in a cost effective manner. The campus is 127,000 square feet and includes Police Headquarters, City Hall, the Centennial Building and the Annex. Utilizing the city's Consultant Roster, three architectural firms with experience in the design and development of City Halls were contacted to submit statements of qualifications (SOQ) for the City Hall Campus Space Efficiency Project. From requests and submittals, staff recommends the selection of ARC architects to perform this work. ARC has direct experience in designing city halls from the ground up, as well as city hall renovations that create better efficiency. Derek Matheson and Jeff Watling are co-leading this effort and if approved the project would get underway in June. They will put together a city team with representatives from work groups within City Hall campus to provide input and guidance through the process. I Committee member Higgins agreed that council wanted to see this happen after the bond failed. He feels it is responsible to figure something else out. He asked about utilizing other spaces in the downtown area. Watling responded that perhaps that might be a part of the second phase. This first phase will answer if there is enough space in the available 125,000 square feet to satisfy office needs. Committee member Fincher asked what is involved in the first phase. Watling said this is a rough view and referenced the scope that outlines next steps and different fit options in phase one. If authorized to continue, the second phase will be more detailed. For example, how we would organize moving staff and how would these moves would be sequenced. Fincher asked how people get on the consultant roster. Jeff directed interested contractors to Nancy Yoshitaki in Public Works who is responsible for advertising the Request for Proposals (RFP) for the city's consultant roster. Committee member Fincher MOVED to recommend council authorize the mayor to sign the professional services agreement with ARC Architects for $40,193.00 to complete a City Hall Campus space Efficiency Project, subject to final terms and conditions acceptable to the parks director and city attorney. Committee member Higgins SECONDED. The motion PASSED 2-0. 7 King County Animal Services Interlocal Agreement Extension Jeff Watling explained that, as part of the Regional Animal Services of King County Coalition (RASKC), the contracting cities are partners in making regional animal services work effectively. They are customers of the Animal Services Program provided by the county. In concurrence with the interlocal group, this new Interlocal Agreement extends the duration of the contract for two years from December 31, 2015 thru December 31, 2017. Our financial responsibility is estimated at $270,000-$300,000. Page 2 Page 3 Watling said discussions with the interlocal group will continue and include exploring other ways to provide this service, as well as managing shelters and sheltering costs, including start up. Another item at the workshop is housekeeping on the Ordinance. The city's Ordinance is being revised to clarify authority for King County and the Police pertaining to the Leash Law and the Scoop Law. The draft is close to being in place. Committee member Fincher asked about the laws and what the enforcement recommendation is for people mismanaging the law. Watling advised calling King County Animal Services. Also, there is a pet information call line (206)296-PETS. For threatening issues, people should always call 911. The same procedure goes for scooping and off leash issues. Committee member Fincher asked how the city is getting licensing information out to the residents. Watling said the city has been part of an aggressive marketing campaign to encourage licensing. He will check with Communications Director Michelle Wilmot about enclosing information in the utility bill as suggested by Fincher. Committee member Higgins said that the city's options are limited and it's the city's responsibility to offer these services. Being involved in an interlocal agreement with the other cities is the most cost effective method to handle animal services costs. Committee member Fincher asked what other cities are doing that aren't a part of the interlocal. Watling responded that Auburn, for example, has a mix of services. They do the animal control and partner with Auburn Humane Society for sheltering. There is the Seattle Humane Society on the eastside and PAWS is out of the Shoreline/Lynnwood area. These are the most significant non profits that offer some sheltering. They have not shown interest in offering services or having a presence in South King County. i Committee member Fincher MOVED to recommend council authorize the mayor to sign the Interlocal Agreement with King County extending animal services for 2015 - 2017, subject to terms and conditions acceptable to the parks director and city attorney. Committee member Higgins SECONDED. The motion PASSED 2-0. 8 Food and Beverage Service for Riverbend Golf Complex Director Jeff Watling reported that the current lease agreement with Mick Kelly's for restaurant services at Riverbend Golf Complex expires June 30, 2015 and the city decided not to extend that contract with the current tenant. In June of 2010, Mick Kelly's took over food operations at Riverbend. Staff spent a lot of time negotiating the agreement, adjusting to a reduced lease and lower utility percentages. Struggles showed at nine months into the lease. Staff worked with the City Attorney's office and the tenant, negotiated a plan to cure the issues and met for strategy sessions, but struggles continued. In April 2014, the city notified the tenant they were in breach and owing the city a significant amount of money again. Around the same time, the city found a significant amount of credits and allocated them to the tenant as well. Unfortunately, the city could not come up with a Page 3 Page 4 sustainable plan that Mick Kelly's was willing to sign. Also, the required Intent to Extend the Lease was not submitted by the tenant. By February, the city came to the tough decision not to extend their lease. In recent months, city staff has been working with a restaurant consultant to help identify the optimum/ideal business model for food and beverage service at the golf course and taking the opportunity to review right-sizing the operation. They are currently looking for an interim concessionaire to take over the food and beverage service through early fall. The concessionaire will operate outside, grill-style under a tent and utilizing the patio space for dining. This plan moving forward ensures there is no disruption in food and beverage service at the golf course through the busy summer months. Committee member Higgins remarked that this long and tortured history needs to be a part of the story. He regrets that, for whatever reason, it didn't work. He referenced questions from Mick Kelly's to council and staff responses. He commented on concessionaires not being successful in that space and hopes that right-sizing is done in a way that the city doesn't have to continue to do this every few years. Committee member Fincher added that, in reading through all of the correspondence, she noted that all parties were in agreement when signing the contract. She wishes them luck in the future. As news breaks, if people want more information, she suggested they contact the Parks Department. 9. Director's Report Director Jeff Watling informed the committee of noteworthy information and upcoming events. Parks and Open Space Plan Update. One of the key elements of the plan update is public outreach to generate community conversation. Public outreach is an opportunity for the residents to give staff feedback on what they want and don't want in the city's park system. Residents can take an online survey at mykentparks.com. Staff and the Parks Commissioners are attending six events throughout the summer to have a presence with the public; Kent International Festival, Juneteenth Festival, a kid's afternoon concert at Town Square Plaza, an evening concert at Lake Meridian, Fourth of July Splash and National Night Out. Quarterly Reports / Staff Presentations. It was agreed to eliminate the quarterly reports and rely on the CAO bi-monthly reports for sharing information with council. To provide the committee a more in-depth update on programs and services, each work group in the department will provide a presentation at a committee meeting. Lower Russell Green River Levee Project. A Public Meeting is scheduled on June 8 from 5:00 - 7:00 p.m. at Kent Commons. The city's alternate concept design will be presented. The plan relocates Van Doren's Park, keeping it a prominent river-based community park while allowing for ecological and habitat restoration to take place Page 4 Page 5 at the same time. A number of neighborhoods in the area have been notified. Higgins suggested staff keep putting this information on social media. Committee member Higgins spoke of his response to letter publicized in the Kent Reporter that questioned the improvements made to the levee near the maintenance shops. He recapped saying, this whole stretch of levee has been raised to get certified by the federal government to keep the valley out of the mapped flood plain and subsequent costs to the residents. Committee member Fincher said to remember it's not only the businesses but the residents that are impacted by this project too. If there was a breach of the levee, that means people don't get to work and that impacts income. She asked about a plan to report the findings back to the community from the public outreach. Watling responded that once the information is compiled from public meetings and surveys, the results and recommendations will be communicated through the final plan and through additional public outreach. Committee member Fincher announced that this Saturday, June 6 is the Kent International Festival at ShoWare. There will be lots of food, entertainment, dancing, singing, informational booths and it's free. A walk starts the festivities at 9:30 a.m. and booths are open until 4:00 p.m. Following that, the evening entertainment begins. Committee member Higgins adjourned the meeting at 5:55 p.m. Respectfully submitted, T�i PeCwa�e Teri Petrole Council Committee Recorder Page 5 Page 6 Page 7 6 I PARKS, RECREATION AND COMMUNITY SERVICES xEe��� Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 25, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager SUBJECT: TourWest Grants from WESTAF for 2015/2016 Programs MOTION: Move to recommend council authorize the mayor to accept two TourWest grants from WESTAF in the amount of $2,125 each ($4,250 total), amend the budget, sign all necessary documents, and authorize expenditure of funds in accordance with the grant agreement. SUMMARY: TourWest has awarded the Kent Arts Commission two TourWest grants in the amount of $2,125 (maximum award is $2,500) through a competitive grant process. The funding will support the 2015-2016 Spotlight Series - specifically performances and community outreach activities by Kenny Endo Contemporary Ensemble (Japanese Taiko drumming and Jazz) and Antics Performance (Hip Hop dance). EXHIBITS: Two TourWest Grant contracts BUDGET IMPACT: Increase in revenut to Kent Arts Commission budget (10006222,4310). No impact to personnel. Page 8 Page 9 TAF1743 VJazee KFr,:I SWte 300 '. Denver, Corora6o 30H0 E-mail:.stefr��vdrstaf.org lol: 303.6Z9J.1.66 'fty: 303.607.90 Lg Fax: 303.629.9717 '..,. i Celebrating the Western frnatginatlon through the Arl.s � 2015-2016 TourWest Grant Contract Contract Date: June 4, 2015 Presenter: City of Kent Arts Commission TourWest Award Amount: $2,125.00 Artistic Fees: $5,000.00 TourWest App ID: TW2O15OO285 CFDA number: 45.025 The Western States Arts Federation (WESTAF) shall assign the grant award amount to City of Kent Arts Commission following the return of a signed copy of this contract within 30 days of the contract date. Failure to return a signed copy of this contract in accordance with the schedule outlined above may result in the forfeiture of the grant award. TourWest is made possible through support from the National Endowment for the Arts (NEA), the Western States Arts Federation (WESTAF), and WESTAF's participating state arts agencies, Support through TourWest is contingent on available funds. Project Description - the presenting organization is granted the above award amount for the following project: Project Summary: Hip hop dance theater company Antics will present one public performance and one educational outreach activity (master class) in Kent, Washington. Artist/Company: Antics Engagement Dates: 2/4/2016 to 2/5/2016 Number of Public Performances:I Number of Outreach Activities: 1 All TourWest supported engagements must Include at least one (1) public performance and one (1) outreach activity with an educational component. A public performance is defined as a full- length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours). Examples of qualifying outreach activities are: lecture- demonstrations, master classes, in-school educational activities involving students with the artist, etc.. The following items are not considered to be qualifying outreach activities: 1) a TW201500285 Page 1 of 4 CFDA number: 45.025 Page 10 performance for students that does not include an educational component about the art form; 2) a guest artist's residency at an institution of higher education; 3) activities at an institution of higher education for which the majority of the audience are students and/or faculty; 4) tickets to the public performance offered on a complimentary basis; and 5) a lecture or demonstration that directly precedes or follows the public performance. Contracting with WESTAF - due date: 7/6/2015 Please note, this award is contingent upon the return of a signed copy of the enclosed TourWest grant contract within 30 days of receipt of this award letter. This Is the grant contract between City of Kent Arts Commisslorn and WESTAF. Failure to return the grant contract in accordance with this schedule may result in the forfeiture of the grant award. Contractingi with the artist - due date: 1/14/2016 If the final artist's letter of agreement/contract was not Included with the proposed TourWest application, this grant award will not become official until the grantee sends the fully executed, co-signed contract between City of Kent Arts Commission and the ardst(s), Antics. We must receive the contract no later than three weeks preceding the performance. Payment to the Grantee (Presenting Organization): WESTAF shall pay the grantee $2,125.00 upon: • The satisfactory performance of the services outlined in the project description above. • Project and grantee compliance with established program rules and requirements per the TourWest grant guidelines. • Submission of a copy of the final artist's letter of agreement/contract including the artistic o The award amount must be 50% or less of the actual total artistic fee, If the actual artistic fee has decreased, WESTAF will adjust the grant award amount accordingly. • Timely return of a completed 2015-2016 TourWest final report and project description online at tourwest.cultutearants.or within 60 days following the engagement. • Final report has been approved by WFSTAF and the funds have been received by WESTAF from the NEA. • Funder crediting must be Included in the grantee's current season brochure, the performance program, and any other promotional materials. Copies of these materials must be sent in with the final report. Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF and their State Arts Agency in their programs and related promotional materials. Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO 80202, Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. Payment to the At The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract. Change Requests If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF in writing via email to staff@westaf.org within 30 days of the change and provide an TW201500285 Page 2 of 4 CFDA number: 45.025 '... !I I Page 11 updated artistic contract. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program. Failure to meet these requirements will result In the forfeiture of the grant award, Required Credit: Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF and their state arts agency in the programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of both the WESTAF and NEA logos may be found at htto://w Vw—,westaf.org/grants, Alternately, copies of these logos may be requested via email by calling 303.629,1166. Acknowledgment of the National Endowment for the Arts, WESTAF and the grantee's state arts agency can be phrased in a variety of ways: For example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from [Grantee's State Arts Agency]; WESTAF, the Western States Arts Federation; and the National Endowment for the Arts. Compliance: All information and conditions contained in the 2015-2016 TourWest guidelines are incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq,); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA") (42 U.S.C. 12101- 12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and The ➢rug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant thereby gives assurance to immediately take any measures necessary to comply. Compliance is mandatory with all requirements, paperwork, and related time lines as described herein; failure to do so may jeopardize current and/or future funding from WESTAF. I' TW2015002B5 Page 3 of 4 CFDA number; 45.025 I�, Page 12 Signature Page: We the undersigned understand and will comply with the terms of this contract. City of Kent Arts Commission WESTAF (Western States Arts Federation) 220 4th Avenue South 1743 Wazee Street, Suite 300 Kent, Washington 98032 Denver, CO 80202 Grantee (Presenter)/Address WESTAF/Address: please write in any corrections above / June 4, 2015 Authorized Signature for Presenter/Date Authorized Signature for WESTAF/bate O ,1 k Ni-* rh hdryn ov_ Seyan Lucero/Associate Director Print Name/Title Print Name/Title -�Sia Phone: 303.629.1166 * Fax: 303.629.9717 p4v_ 2S? '�`�� l' \eY�fClr'��eVl�`u-� I �x-2S -85c, -Coo�o E-mail: seyan.liicero@westaf.org Phone/Fax/E-mail Phone/Fax/E-mail Tax ID Number : 91-6001254 DUNS: 2.O253613e+O11 i Please return the signed contract within 30 days to: WESTAF, 1743 Wazee St, Suite 300, Denver, CO 80202 Attn: TourWest Phone: 303.629.1166 * Fax: 303.629.9717 * E-mail: andy.thomas@westaf.org I TW201500285 Page 4 of 4 CFDA number: 45.025 ',, '....... ---- Page 13 I I i I I i43 Wezae Street "S I00 Denver, Colorado M202W TA 1 G-mo'J: ;taffw/!estd.orcJ F Tra: 301,6,29, 166 Tty: 3011607.9019 Fax: 303,6?9,9717 i I 1 Celebrating tho Western Irnagination through the Arts I 2015-2016 TourWest Grant Contract i i Contract Date: June 4, 2015 Presenter: City of Kent Arts Commission TourWest Award Amount: $2,125.00 Artistic Fees: $7,500.00 TourWest App ID: TW2O150O150 CFDA number: 45.025 The Western States Arts Federation (WESTAF) shall assign the grant award amount to City of Kent Arts Commission following the return of a signed copy of this contract within 30 days of the contract date. Failure to return a signed copy of this contract in accordance with the schedule outlined above may result in the forfeiture of the grant award. TourWest is made possible through support from the National Endowment for the Arts (NEA), the Western States Arts Federation (WESTAF), and WESTAF's participating state arts agencies. Support through TourWest is contingent on available funds. Project Description - the presenting organization is granted the above award amount for the following project: Project Summary: Taiko drummer Kenny Endo will present one public performance and one educational outreach activity (high school lec/dem) in Kent, WA as part of his 40th anniversary international tour, Artist/Company: Kenny Endo Contemporary Ensemble Engagement Dates: 10/16/2015 to 10/16/2015 Number of Public Performances:I Number of Outreach Activities: 1 All TourWest supported engagements must include at least one (1) public performance and one (1) outreach activity with an educational component. A public performance is defined as a full- length performance for which promotion and marketing to the general public have been provided and the audience for which Is a cross-section of the community (e.g. not primarily school-aged children during regular school hours). Examples of qualifying outreach activities are: lecture- demonstrations, master classes, in-school educational activities involving students with the TW201500150 Page 1 of 4 - CFDA number: 45.U25 Page 14 artist, etc.. The following items are not considered to be qualifying outreach activities: 1) a performance for students that does not include an educational component about the art form; 2) a guest artist's residency at an institution of higher education; 3) activities at an institution of higher education for which the majority of the audience are students and/or faculty; 4) tickets to the public performance offered on a complimentary basis; and 5) a lecture or demonstration that directly precedes or follows the public performance. Contracting with WESTAF - due date: 7/6/2015 Please note, this award is contingent upon the return of a signed copy of the enclosed TourWest grant contract within 30 days of receipt of this award letter. This is the grant contract between City of Kent Arts Commission and WESTAF. Failure to return the grant contract in accordance with this schedule may result in the forfeiture of the grant award. Contracting with the artist - due date: 9/25/2015 If the final artist's letter of agreement/contract was not included with the proposed TourWest application, this grant award will not become official until the grantee sends the fully executed, co-signed contract between City of Kent Arts Commission and the artist(s), Kenny Endo Contemporary Ensemble. We must receive the contract no later than three weeks preceding the performance. Payment to the Grantee (Presenting Organization): WESTAF shall pay the grantee $2,125.00 upon: • The satisfactory performance of the services outlined in the project description above. • Project and grantee compliance with established program rules and requirements per the TourWest grant guidelines. • Submission of a copy of the final artist's letter of agreement/contract Including the artistic n The award amount must be 50% or less of the actual total artistic fee. If the actual artistic fee has decreased, WESTAF will adjust the grant award amount accordingly. • Timely return of a completed 2015-2016 TourWest final report and project description online at to_u.rwest.culturggrants_orgwithin 60 days following the engagement. • Final report has been approved by WESTAF and the funds have been received by WESTAF from the NEA. • Funder crediting must be included in the grantee's current season brochure, the performance program, and any other promotional materials. Copies of these materials must be sent in with the final report. I Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF and their State Arts Agency in their programs and related promotional materials. Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO 80202. Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. Payment to the Artist: The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract. Change Requests: TW201500150 Page 2 of 4 CFDA number: 45.025 Page 15 If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF in writing via email to staff@westaf.org within 30 days of the change and provide an updated artistic contract. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program. Failure to meet these requirements will result in the forfeiture of the grant award. I Required Credit: Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF and their state arts agency in the programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of both the WESTAF and NEA logos may be found at httulltiuww,westaf orgjg mts. Alternately, copies of these logos may be requested via email by calling 303.629.1166, Acknowledgment of the National Endowment for the Arts, WESTAF and the grantee's state arts agency can be phrased in a variety of ways: For example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from [Grantee's State Arts Agency]; WESTAF, the Western States Arts Federation; and the National Endowment for the Arts. Compliance: All Information and conditions contained in the 2015-2016 TourWest guidelines are incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U,S.C. 2000d et sec.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA") (42 U.S.C. 12101- 12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant thereby gives assurance to immediately take any measures necessary to comply. Compliance Is mandatory with all requirements, paperwork, and related time lines as described herein; failure to do so may jeopardize current and/or future funding from WESTAF, � I TW201500150 Page 3 of 4 CFDA number: 45.025 ',.. Page 16 I Signature Page: We the undersigned understand and will comply with the terms of this contract. City of Kent Arts Commission WESTAF (Western States Arts Federation) 220 4th Avenue South 1743 Wazee Street, Suite 300 Kent, Washington 98032 Denver, CO 80202 Grantee (Presenter)/Address WESTAF/Address: please write In any corrections above / l 1 June 4, 2015 Authorized—Signature for Presenter/Date Authorized Signature for WESTAF/Date n) V rv?, Seyan Lucero/Associate Director Print Name/Title Print Name/Title Ph 2-S3 35�_ -�)Cw> Phone: 303.629.1166 * Fax: 303.629.9717 f� t 2S' seyan.lucero@westaf.org Phone/Fax/E-mail Phone/Fax/E-mail Tax ID Number : 91-6001254 DUNS: 2,0253613e+011 i i i Please return the signed contract within 30 days to: WESTAF, 1743 Wazee St, Suite 300, Denver, CO 80202 Attn: TourWest Phone: 303.629.1166 * Fax: 303.629.9717 * E-mail: andy,thomas@westaf.org i i ' i I i TW201500150 Page 4 of 4 CFDA number: 45.025 j i Page 17 LAW DEPARTMENT Tom Brubaker, City Attorney KENT Phone: 253-856- 770 xel"s 'R Fax: 253-856-6770 Address: 220 Fourth Ave. S. Kent, WA 98032-5895 I June 25, 2015 TO: Parks and Human Services Committee FROM: Tammy White, Assistant City Attorney SUBJECT: Animal Control — Ordinance Amending Chapter 8.03 of the Kent City Code - Recommend Adoption MOTION: Move to recommend council adopt the proposed Ordinance that amends Chapter 8.03 of the Kent City Code to enact dog leash and waste removal provisions, to clarify enforcement may be by both police officers and animal control officers, and to clarify that the city has contracted with King County animal control for animal control, sheltering, and licensing services within the city of Kent. SUMMARY: Since July 1, 2010, the city of Kent and King County have been parties to an interlocal agreement through which King County provides regional animal control, sheltering, and licensing services for the city of Kent and other King County agencies. The current interlocal agreement was recently amended to remain effective through December 31, 2017. Consistent with the interlocal agreement, the city of Kent adopted Ordinance No. 3979 on October 19, 2010, which repealed many provisions within Chapter 8.03 of the Kent City Code and adopted a number of provisions of Title 11 of the King County Code related to animal licensing, fees, penalties, enforcement, and sheltering. Under the King County Code, a leash requirement is enforced as a public nuisance. Because there is no corresponding City code provision, a police officer cannot take enforcement action or issue a ticket to dog's owner if a dog,is off leash and running at large in any place other than an authorized dog park or the owner's property. An officer may only refer the complaint to animal control. This ordinance creates a local code provision that explicitly requires dogs to be on a leash when not within an authorized off-leash area or contained and controlled on private property. Adoption of this ordinance would allow enforcement either locally through the issuance of a ticket by either Kent police officers or King County's animal control officers, or through King County's public nuisance code enforcement process. This ordinance also establishes an express requirement that any person who has custody or j control of an animal must remove any fecal matter deposited by that animal on public property before leaving the immediate area where the fecal matter was deposited. The ordinance also requires that any person who has custody or control of an animal ensure that its animal does not deposit fecal matter on the private property of another without the consent of that property's owner or tenant. Failure to comply with the ordinance is a violation that may be enforced through the issuance of a civil infraction filed with the Kent Municipal Court. This is the only means through which this violation will be enforced. Finally, the ordinance more clearly defines the relationship between the city of Kent and King County in the provision of animal control, sheltering, and licensing services. EXHIBIT: Ordinance BUDGET IMPACT: N/A Page 18 Page 19 ORDINANCE NO. AN ORDINANCE of the City Council of the city of Kent, Washington, amending Chapter 8.03 of the Kent City Code, entitled "Animal Control," to enact dog leash and waste removal provisions, to clarify the City's animal control provisions may be enforced by police officers or King County animal control officers, and to clarify that the city of Kent has contracted with King County for animal control, sheltering, and licensing services within the city of Kent. RECITALS A. Since July 1, 2010, the city of Kent and King County have been parties to an interlocal agreement through which King County provides regional animal control, sheltering, and licensing services for the city of Kent and other King County agencies. The current interlocal agreement is effective through December 31, 2017. B. The interlocal agreement requires that the city of Kent adopt an ordinance that includes animal license, fee, penalty, enforcement, sheltering, and impound and redemption provisions substantially the same as those provided for in Title 11 of the King County Code. Consistent with the interlocal agreement, the city of Kent adopted Ordinance No. 3979 on October 19, 2010, which repealed many provisions within Chapter 8.03 of 1 Amend Chapter 8.03 KCC— Animal Control Page 20 the Kent City Code and adopted a number of provisions of Title 11 of the King County Code. C. Section 11.04.230 of the King County Code provides that a public nuisance includes "a dog running at large within the county." "Running at large" is then defined by the King County Code as a dog that is located off the owner's premises and not under control of the owner either by leash, verbal voice, or signal control. Under the existing version of the Kent City Code, the only enforcement of a "leash law" within the city of Kent is through a public nuisance action enforced by King County. There is no current means provided for a police officer to issue a civil infraction (a ticket) to a dog's owner if that dog is off leash and running at large in any place other than an authorized dog park or the owner's property. This ordinance creates a local code provision that explicitly requires dogs to be on a leash when not within an authorized off-leash area or contained and controlled on private property. Enforcement of this ordinance may be made locally by Kent police officers or by King County's animal control officers, both of whom may file infractions in Kent Municipal Court. In addition, King County may enforce a violation, other than of the waste removal provision, through its public nuisance code provisions. D. This ordinance also establishes an express requirement that any person who has custody or control of an animal must remove any fecal matter deposited by that animal on public property before leaving the immediate area where the fecal matter was deposited. The ordinance also requires that any person who has custody or control of an animal ensure that its animal does not deposit fecal matter on the private property of another without the consent of that property's owner or tenant. Failure to comply with the ordinance is a violation that may be enforced through the issuance of a civil infraction filed with the Kent Municipal Court. 2 Amend Chapter 8.03 KCC— Anima!Control Page 21 E. Finally, the ordinance more clearly defines the relationship between the city of Kent and King County in the provision of animal control, sheltering, and licensing services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTdON 1, - Amendment. Chapter 8.03 of the Kent City Code, entitled "Animal Control," is amended as follows: Chapter 8.03 ANIMAL CONTROL Sec 8.03.010. Animal control authority. The city of Kent has contracted with King County and its Animal Control Section, Division of General Services to provide animal control sheltering, and licensing services for the cif of Kent That contract does not divest the city of its authority to independently enforce its code. As such, the provisions of this chapter may be enforced by law enforcement officers or by King County animal control officers both of whom are hereby authorized to issue and file notices of infraction with the Kent Municipal Court as provided for in KCC 8 03 08D Additionally, for those violations of the King County Code that are adopted by reference for application and enforcement within the city of Kent King County animal control officers may enforce those provisions in accordance with the King County Code. A copy of the Interlocal Agreement between the city of Kent and King County for animal control services is available for public examination in the City Clerk's Office. 3 Amend Chapter S.03 KCC— Anima!Control Page 22 Sec. 8.03.020995. icing County Code—eChapters adopted by reference. A. Chapters adopted. The following chapters of the King County Code, as currently enacted or hereafter amended or recodified, "�„�t�d "��are adopted by reference for enforcement and application within the Citv of Kent and shall be given the same force and effect as if set forth herein in full, M saFne have been rded by Kin Go /'\....Jinni ee Pie iRdieates I ! I I 1. King County Code, Chapter 11.04, entitled "Animal Care and Control Regulations," with the following exceptions: aB. All references made in King County Code Chapter 11.04 to Title 21A of the King County Code, which ettl+ze—establishes Kina County's zoning provisions and limits Title 2 "'s Higgits ° ' `""the number of animals that may be kept in a--dwelling units without the application of certain licensing requirements, `" " '- fer eeFtain Ii"""'i"" �tshall be replaced with a reference to Kent City Code section I(GG 15.08.070. b8. King County Code Section 11.04.010.fB_j shall be read to provide that if there is a conflict between a provision of ths--eChapter 11.04 of the King County Code and a provision of the Kent City Code, the provision of the Kent City Code shall control. C. Kinq County Code Section 11.04.240 regarding police department dogs, which is not adopted because the City of Kent has adopted a similar provision at KCC 9.02.280.' dG King County Code Section 11.04.510 shall be read to provide that no person within the eCity of Kent shall publish or advertise to 4 Amend Chapter 8.03 KCC— Animal Control Page 23 King County residents the availability of any unaltered cat or dog unless the publication or advertisement includes the unaltered animal's license number; provided, however, that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. 2. King County Code, Chapter 11.12, entitled "Rabies Control"; 3. King County Code Chapter 11.20, entitled "Disposition of Fowl and Rabbits"; 4. King CountyCode, Chapter 11.24, entitled "Stock Restricted Area"; 5. King County Code, Chapter 11,28, entitled "Exotic Animals"; 6. King County Code Chapter 11.32, entitled "Guard Dogs." B. Agency references Unless the context requires otherwise, references to "King County," "county," and "unincorporated King County," in the King County provisions adopted by reference through KCC 8 03 020 A shall be interpreted to mean the City of Kent. L-E. King County Code—Available for inspection. In the City Clerk's Office, tThe city shall maintain at all times available for review by the general public in the eity eleFl-'s effiee one copy of the King County eCode provisions seez�pion �adopted by reference in this chapter. The King County Code is also available online through King County's website at: www kingcounty.gov. Sec. 8.03.030. Definitions. The following words, terms and phrases as used in this chapter shall have the meanings ascribed to them in this section unless a different meaning is plainly required. For those King County Code provisions adopted through KCC 8 03.020.A. the words, terms and phrases used in those King County Code provisions shall have the meanings ascribed to them by the King County Code. 5 Amend Chapter 8.03 KCC— Animal Control Page 24 A. "Domesticated fowl" means any duck, goose, swan, chicken, or other fowl of similar size and character. B. "Large domesticated animal" means any horse, mule, ass, bovine animal, Iamb, goat, sheep, or other animal of similar size and character; provided, it shall not mean pigs or swine of any kind. C. "Owner" means any person having an interest in or right of possession to an animal "Owner" also means any person having control, custody, or possession of any animal or by reason of the animal being seen residing consistently at a location to an extent such that the person could be presumed to be the owner. D. "Person" means any individual firm business, association partnership corporation or other legal entity, public or private however organized Because "person" shall include both human and non-human entities any of the following pronouns may be used to describe a person: he, she, or it. E. "Person responsible for the violation" means any of the following: a person who has titled ownership or legal control of the property or structure that is subiect to the regulation• an occupant or other person in control of the property or structure that is subject to the regulation; a develoier, builder, business operator, or owner who is developing, building or operating a business on the property or in a structure that is subject to the regulation• or any person who created, caused, or has allowed the violation to occur. F. "Small domesticated animal" means any dog, cat, rabbit, or other animal of similar size and character. Included within this definition is a type of swine commonly known as Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus). 6 Amend Chapter 8,03 KCC— Animal Control Page 25 G. "Under control" means a dog who is either under competent voice control or competent signal control or both so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. Evidence that a bystander or other animal was approached by the dog or evidence that the dog caused physical property damage, is prima facie evidence that the dog was not "under control." Sec. 03.040. Dogs—Leash required. A Leash required It is unlawful for the owner of any dog to cause, permit, or allow such dog to roam run, stray, or to be away from the premises of such owner and to be on any public place or on any public property, or on the private property of another, unless such dog, while away from the premises of the owner, is controlled by a leash, cord, or chain held or otherwise secured by the owner and of a length sufficient to restrain the dog from approaching any bystander or other animal, or from causing or being the cause of physical property damage when off the premises of the owner. A leash of eight feet in length or smaller is presumed to be a leash of sufficient length for purposes of this section. A violation of this section may be enforced as provided for in KCC 8.03 080. B. Exceptions A leash is not required if the dog is: 1 Within an area of a park expressly designated as an off-leash area• or 2 Upon the premises of another with that owner or occupant's permission and the dog is secured or otherwise under control in a manner that prevents it from roaming running, or straying away from the premises: or 3 Under control and engaged in lawful obedience training, lawful hunting lawful competition sanctioned by a nationally recognized body or 7 Amend Chapter 8.03 KCC— Animal Control i Page 26 a local chaster thereof, or lawful training in 1reparation for such hunting or competition; or 4. Contained within a vehicle under circumstances that do not amount to animal cruelty under Chapter 16.52 RCW; or 5 A working dog engaged in the herding of livestock or in sanctioned search and rescue activities; or 6 A law enforcement canine in the performance of the canine's duty or training. C. A violation of this section may be enforced as provided for in KCC 8 03 080 Alternatively, a dog running at large within the city of Kent is a public nuisance under the King County Code provisions adopted through KCC 8 03 020 A and may be enforced by King County animal control through the code enforcement provisions provided for in the King County Code. D. Impound and redemption Any dog found roaming, running, straying or being away from such premises and not on a leash as herein provided may be impounded subject to redemption in the manner provided for by King County animal control. Sec. 8.03.050. Animal waste—Prohibited activities— Defenses. A Public property. It shall be unlawful for the owner of any dog or other animal to permit either by willful conduct or by failure to exercise due care such animal to defecate upon public property, including without limitation a park sidewalk trail street parking lot waterway, lake pond cr landscaping It shall be a defense to a charge under this subsection that the owner of the dog or other animal immediately removed and properly disposed of the animal feces. 8 Amend Chapter 8.03 KCC— Animal Control Page 27 B. Private property. It shall be unlawful for the owner or custodian of any dog or other animal to 1ermit either by willful conduct or by failure to exercise due care such animal to defecate upon private property belonging to a person other than the owner of such dog or other animal. It shall be a defense to a charge under this subsection that the owner of the dog or other animal is a resident or lessee of the private property where the dog or other animal defecated or the owner had obtained permission from the private property owner or manager prior to the dog or other animal defecating on such property. C. An owner of any dog or other animal shall be deemed to have failed to exercise due care when such animal defecates while not on a leash. D. A violation of this section may be enforced as provided for in KCC 8.03.080. Sec. 8.03.060998. Compliance with local zonin�c a and health i regulations. A. Zoning compliance. The applicant for an original animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop license shall, prior to issuance of such license, present to the animal control authority any required zoning permit from the city planning department. B. Health inspection. Before an animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop license may be issued by the animal control authority, a certificate of inspection from the Seattle-King County health department or King County animal control division must be issued showing that the animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop is in compliance with hygienic standards of this chapter or other applicable ordinances or regulations. 9 Amend Chapter 8.03 KCC— Animal Control Page 28 Sec, 8.03.070 . Animal nuisances defined. Each of the following conditions unless otherwise permitted by law, is declared to constitute a public nuisance subjecting the person responsible for the violation to the penalties provided for in KCC 8.03.080. seetiaig, vielatiens ef this seetien are nuisaneea and shall inelude but net be 13. Maintaining large domesticated animals on lots of less than twenty thousand (20,000) square feet or in violation of KCC 15.08.070, 23. Maintaining more than three (3) small domesticated animals per business establishment or dwelling unit on lots of less than twenty thousand (20,000) square feet, or maintaining any small domesticated animal in violation of KCC 15.08.070; provided, this section shall not apply to a properly licensed business operating as a pet shop, veterinary clinic, or animal shelter to the extent that the animals maintained at the business are maintained for the purposes of conducting the business and not for the personal benefit of the owner, operator, or any employee or volunteer of such business. 34. Maintaining more than three (3) domesticated fowl on lots of less than five thousand (5,000) square feet, or maintaining any domesticated fowl in violation of KCC 15.08.070; provided, this section shall not apply to a properly licensed veterinary clinic to the extent that maintaining the domesticated fowl is necessary for the veterinary treatment of the domesticated fowl. Sec 8 03 080 Violations and Enforcement—Penalties. Any violation of this chapter may be enforced as provided for in this section. In the alternative any violation of a King County Code provision adopted in this chapter for application and enforcement within the City of Kent, may 10 Amend Chapter 8.03 KCC— Animal Control Page 29 be enforced by King County Animal Control as provided for within the King County Code Each separate date or portion thereof, during which any violation occurs shall constitute a separate violation. A Civil infraction A person who violates any provision of this chapter may be issued a class 3 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be filed in the Kent Municipal Court and processed in the same manner as other infractions filed in the Kent Municipal Court. B Criminal offense Except as otherwise specifically provided for in this section a person who knowingly commits a repeated violation of this chapter is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A 20.021(3) as now enacted or hereafter amended For purposes of this section "repeated violation" means as evidenced by a prior committed finding by the Kent Municipal Court of an infraction issued under this chapter, or a committed finding by King County's hearing examiner of a public nuisance under Title 11 of the King County Code, that the person charged has twice before violated the same provision of this chapter within the city of Kent. Therefore, on the third time a violation occurs the person may criminally charged for a "repeated violation." SECTION 2, — Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect, SECTION 3. — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are I authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; 11 Amend Chapter 8.03 KCC— Animal Control Page 30 or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. APPROVED: day of 2015. PUBLISHED: day of 2015. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:Wl.I KOmin x noO.03 Ammo)eontmld- 12 Amend Chapter 8.03 KCC— Animal Control Page 31 �� taeEnjPARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 25, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Parks, Recreation and Community Services Director SUBJECT: Lower Russell Green River Levee Update - Information MOTION: None, informational SUMMARY: City staff continue to work with King County on the Lower Russell Levee Project along the Green River. At the April 23 Parks Committee meeting, Jeff Watling provided an overview of a conceptual design the city presented to King County and the Flood Control District staff. Since that update, the concept design has been accepted as the preferred alternative for the project. It was presented at a public meeting on June 8 and at a Design Workshop on June 17, attended by interested stakeholder agencies and organizations. Jeff will provide an update on these recent meetings and next steps for this critical public project. EXHIBITS: None BUDGET IMPACT: None Page 32 Page 33 PARKS, RECREATION AND COMMUNITY SERVICES K NT aeort'�` Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 25, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Director's Report MOTION: None, informational SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will inform the committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None � i