HomeMy WebLinkAboutPRHSPSC PKT 11-22-1999
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I City of Federal Way
CITY COUNCIL
PARKS, RECREATION,H~MANSERVICES & PUBLIC SAFETY COMMITTEE
Monday, November 22, 1999
12:00 p.m.
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City Hall
Mt. Baker Conference Room
AGENDA
1.
CALL TO ORDER
2.
PUBLIC FORUM
3.
COMMISSION COMMENTS
APPROV AL OF NOVEM$ER 8, 1999 SUMMARY
4.
5.
COMMITTEE BUSINESS
A. Interlocal Agreemer¡.tJ ACCESS Services
Performance and P~ocessing
Amending Federal Way Criminal Code Action
1999 Parks & Recre~tion Survey Results Information
Mid-Biennium Budtet Adjustment Issues: Discussion
I. Critical Inciderh Hostage Negotiation Equipment
II. Critical Incide~t Command Vehic1e
III. Celebration P£tk Maintenanèe & Operations
MosleylW ood
Mosley /Wood
Wilbrecht
Action
Wilson
B.
C.
D.
Lindell
Jainga
6.
PENDING ITEMS
7.
NEXT MEETING - Decemþer 13,1999 - 5:30 p.m.
Agenda items: Request for Propo~als/Celebration Park Batting Cage, National Little League Proposal
8.
ADJOURNMENT
Committee Members:
Jack Dovey, Chair
Jeanne Burbidge
Linda Kochmar
Staff:
Jennifer Schroder, Director
Sue Floyd, Administrative Assistant
661-4041
I City of Federal Way
, City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Monday, November 8, 1999
5:30 p.m.
City Hall
Mt. Baker Conference Room
SUMMARY
In attendance: Council Committee members Jack Dovey, Linda Kochmar and Jeanne Burbidge; Jennifer
Schroder, Director of Parks RecreatiQI1 and Cultural Services; Brian Wilson, Deputy Director of Public
Safety; Derek Matheson, Assistant to ttlte City Manager; Ron Wood, Chief of Police; Ann Guenther, Human
Services Manager; Linda Crum, Administrative Assistant
Guests: David Moseley, City Manager;¡ Barbara Reid; Del Hoover, Human Services Commission Chairman;
Russell Mentink; Justin Mentink; Paul Wham, Federal Way National Little League.
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Committee Chair Jack Dovey called tHe meeting to order at 5:32 p.m.
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PUBLIC FORUM
None.
COMMISSION COMMENTS
None.
APPROVAL OF OCTOBER25 19 9 SUMMARY
JEANNE BURBIDGE MOVED, L A KOCHMAR SECONDED A MOTION TO APPROVE THE
OCTOBER 25,1999 MINUTES. MPTION PASSED.
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BUSINESS ITEMS
UNIFORM CLEANING AGREEME
Deputy Chief Brian Wilson noted the 'ginal contract for uniform cleaning with Bel-Custom Cleaners was
renewed in March 1999. The term oft e bid is from January 1, 1999 through December 31,2000. The bid
was $1,156.25 per week, but it does nht reflect actual expenses due to increased Public Safety staff. It is
recommended there be an amendment ~o the existing service agreement to increase the total compensation
to be paid to Bel-Custom Dry Clean~rs in 1999 not to exceed $14,500 for the total annual amount of
$29,568.28 and increase the total compensation to be paid in 2000 not to exceed $14,931.72 fora total annual
amount of$30,000. Deputy ChiefWïiJon further stated the quality of service is good and the employees are
professional. LINDA KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTION TO
APPROVE THE FIRST AMENDMJj:NT TO THE SERVICES AGREEMENT FOR UNIFORM DRY
CLEANING FOR THE DEPARTtmNT OF PUBLIC SAFETY AND FORWARD TO FULL
COUNCIL. MOTION PASSED. I
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LAKE KILLARNEY OPEN SPACE I1ARK DEVELOPMENT
Jon Jainga, Park Planning & Developn).ent Manager, reported the City Council approved and awarded Lake
Killamey Open Space Park developIl11ent to Golf Landscaping, Inc.,. in the amount of $226,431. The
development involved constructing a paved park entrance, parking, picnic areas, paved and crushed gravel
Trails which link to WOI;ld Vision and (tapital One trail easements, and a camp "council ring" preserving the
Parks, Recreation, Human Services & Public Safety Council Committee
November 8,1999 Summary
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Page Two
Lutherland Summer Camp site history. Total cost for the development is $224,335.70, which is less thanthe
total contract award. Mr. Jainga further added a Federal Way Boy Scout for his Eagle Scout project has had
several weekend work parties installing wetland boundary fencing along the park trails. LINDA
KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTION TO APPROVE AND
FORWARD TO FULL COUNCIL THE LAKE KILLARNEYOPEN SPACE PARK DEVELOPMENT
AND APPROVE THE RELEASE OF THE CONSTRCflON RET AINAGE FOR GOLF
LANDSCAPING, INc. MOTION PASSED.
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Barbara Reid suggested the Eagle Scout be recognized for their work at the park. Mr. Jainga stated after final
approval of the park development the Eagle Scout and the 27 volunteers will be recognized fOr their work.
HUMAN SERVICE.MID-BIENNIUM REVIEW
Ms. Guenther noted that Council approved a two-year allocation plan, with the understanding that the second
year funding (for 2000) is contingent upon satisfactory contract performance and upon city funding available.
The Commission reviewed and evaluated agency contract performance and made recommendations for 2000
funding continuing at the allocated level, or decreasing in the case of unsatisfactory contract performance.
The Commissioners reviewed all 32 Human Services funded programs. Del Hoover, Chair of the Human
Services Commission, noted that the Commission recommends funding all 32 programs at the 2000 allocation
level as the majority are performing very well on their contracts. Mr. Hoover noted two programs the
Commission has some concerns about: the Salvation Army After-Hours Assistance Program and the Korean
Christian Counseling Service. The Salvation Army submitted a letter terminating their contract effective
September 30 due to concerns about monitoring the number and value of motel vouchers given out to not
exceed the funds available. The Public Safety Department is working with the Salvation Army on a flat motel
rate and better tracking of vouchers. The Commission recommends continued funding for this program at
the 2000 allocation level, recognizing this is the only program that provides after-hours emergency assistance.
The Korean Christian Counseling Service is meeting the stated contract goals, but the Commission is
concerned about the agency's long-term viability and accessibility of its services for Federal Way residents.
Citizens have stated that it is di fficult to get through to the agency to make an appointment, and that their calls
are not returned. In addition, the agency's Executive Director resigned two years ago and has not been
replaced due to lack of available funding. The agency also lacks a diverse funding base to provide services
ofthe Korean community. The Commission recommends that the agency work to expand funding within the
next year or find a parent agency to assist them in expanding their funding and developing their services.
Chief Wood noted the difficulties the Korean Christian Counseling Services has had and recommended a
loaned executive to assist the agency in seeking other funding sources and complying with reporting
requirements. Chief Wood also noted the Public Safety Department is working with the Salvation Army
addressing the Commission's concerns. Mr. Hoover presented the one-time funding plan for 2000. JEANNE
BURBIDGE MOVED, LINDA KOCHMAR SECONDED A MOTION TO APPROVE THE HUMAN
SERVICES COMMISSION'S RECOMMENDATION TO MAINTAIN THE 2000 ALLOCATION
LEVELS FOR ALL 32 HUMAN SERVICES FUNDED PROJECTS, AND THE ONE-TIME FUNDING
PLAN. FORWARD ON TO THE FULL CITY COUNCIL FOR THEIR REVIEW ON DECEMBER
7, 1999. LINDA KOCHMAR AMENDED THE MOTION THAT THE MONIES FOR THE ONE
TIME FUNDING PLAN NOT EXCEED $6,400 TO $7,600. l\;10TION CARRIED.
ABLE/SPIFFY BIFFY CONTRACT AMENDMENT
Ms. Jennifer Schroder stated the original contract awarded to Able/Spiffy Biffy requires an amendment due
to an increase need for sa~i-cans through the end of the year, and extending the agreement through December
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Parks, Recreation, Human Services & public Safety Council Committee.
November 8,1999 Summary
Page Three
31, 2000. The total amendment is ~n increase of $17,085.60 to the original agreement to then total
$29,289.60. LINDA KOCHMAR M:OVED, JEANNE BURBIDGE SECONDED A MOTION TO
APPROVE THE FIRST AMENDM~TTO ABLE/SPIFFYBIFFY IN THE AMOUNT OF $17,085.60
AND FORWARD TO FULL COUNÇIL. MOTION CARRIED.
BAITING CAGE PROPOSAL AT C~LEBRATION PARK
Mr. Russell Mentink and his son, Justiri Mentink, presented a proposal to build a batting cage at Celebration
Park. The proposal is to build six cage~, with four dual pitching machines, that provide slow and fast pitch
softball as well as baseball. Mr. Ment~nk offered to provide free clinics once a month by age group. The
proposal includes incurring all costs as$ociated with the construction and ongoing operation of the facility.
Ms. Kochmar requested the proposal gØ before the Parks and Recreation Commission on December 2, and
return to the committee with a recomntendation by the next meeting in December, then to full Council in
December. JACK DOVEY MOVED, JEANNE BURBIDGE SECONDED LAW DEPARTMENT
STAFF REVIEW TIlE SIX-STATtON BATTING CONCESSION AT CELEBRATION PARK
PROPOSAL, DIRECTED PARKS $TAFF TO PREPARE AND ADVERTISE A REQUEST FOR
PROPOSAL, BE REVIEWED BY TIÍE PARKS COMMISSION AT THEIR DECEMBER MEETING,
AND RETURN TO COMMITTEE FOR A RECOMMENDATION TO FULL COUNCIL IN
DECEMBER. MOTION CARRIEDl
FEDERAL WAY NATIONAL LIIT~ LEAGUE PROPOSAL
Mr. Paul Wham presented the Federal. ay National Little League proposal to transfer to the City of Federal
Way a 21-acre parcel located east of ~anther Lake along SW Campus Drive on a quick claim deed. The
property has four youth ball fields progr~mmed and used by the league exclusively. The League will provide
ongoing maintenance responsibility an<il to jointly apply for development grants. Mr. Wham stated capital
improvements include parking lot paviing, lighting, a -concession facility, bleachers, and a public address
system would be approximately $700,@00. The League recommended improvements be accomplished in
three years. Mr. Wham noted value of the property compared to that of similar size is $3,237,500. Mr. Dovey
requested the three year capital improv::ment be changed to five years. Mr. Dovey moved the proposal be
discussed at the budget meeting with no committee recommendation, and directed staff to review the cost to
maintain and operate the facility, review costs of proposed capital improvements and how the property could
be scheduled/used by the community.
NEXT MEETING
November 22, 1999 at noon.
ADJOURNMENT
The meeting adjourned at 6:50 p.m.
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11/17/99 10:44 FAX 253 661 4189
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Fed \\a~! Police
City of Fed Way
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Item 5A
CITY OF FEDERAL WAY .
. CITY COUNCIL fARKSIRECREATIONIHUMAN SERVICES!
. PUJLIC SAn;TY COMMI'ITEE
NoV'ember 22, 1999 Meeting
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Date:
November 17,1999
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From:
Brian Wilson, Deputy Chief of Police
Subject:
Interlocal AgreeD1-ent Between the City of Des Moines and the
City of FederaJ Way for Access Services Performance and Processing
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This proposed Interlocal Agreem~nt will enable the Federal Way Department of Public Safety to
provide 24 hour ACCESS service$ for the Des Moines Police Department.
Backgiound:
ACCESS services are defined as t~routinereceiving, entering, locating, confinning, confinnation,
clearing, modifying, updating, and.{or removing all of warrants and court orders generated by the Des
Moines Municipal Court; the routine receiving, entering, modifying, updating. and removing of all
wanted/missing persons and property records generated' by the Des Moines Police Department,
specifically including those pertaining to stolen Vehìc1e~ and police impounds; and the maintenance
and retention of SOAP (Stay Out ~fProstitution) order file. .
1;his Agreement would be effective December 1, 1999 through January 31. 2001 and would
automatically renew for one (1) ye~ under the terms and conditions of the Agreement. The City of
Federal Way may tenninate the Aþ-eement without cause upon 180 days notice to the City of Des
Moines. The City of Des Moines may tenninate the Agreement for cauSe ùpon 180 days written
notice to the City of Federal Way. . .
The Public Safety Department estimates a .75 Records Specialist (approxi.mB.tely $27,700 mid-
range salary ~d benefits) is neede4 to provide services under this Agreement. With approval of the
Agreement, the Public Safety Department would hire one (1) Records Speciålist (approximately
$36,900 mid-range salary and bencl:fits). The City of Des Moines will pay $3,850 per month (paid
quarterly) for the services referenccld in this Agreement ($46,200 annually) to cover salary, benefits
and direct supervision costs associated with this position. No equipment will need to be purchased
as a result of this Agreement as the Records Specialist will use an existing computer. The
Department plans to hire a temporallY employee to perfonn the duties set forth in the Agreement until
such time as the Agreement tennina.tes or the City Council approvès a FTE as part of a subsequent
budget process.
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10:44 FAX 253 661 4189
Fed Way Police
Cl ty of Fed Way
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IaJ 003
11/17/99
Committee Recommendation:
Motion to approve:
1.
The lnterlocal Agreement betw~n the City of Des Moines and the City- of Federal Way for
ACCESS services performance and processing an4 forward to full Council.
2.
Pursuant to future budget deliberations, consider the hiring of one (1) FfE Records Specialist
within the Public Safety Department to fulfill the obligations as set forth in the Agreement.
K:\FORMS\COVERCCI:"
K:\police\dcsmoille.prJc
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I~TERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND
T~E CITY OF DES MOINES
FOR ACCESS SERVICES PERFORMANCE AND PROCESSING
:
:
THIS INTERLOCAL AGREEMENT ("Agreement") is between.the City of Federal
Way, a municipal corporation otthe State of Washington, hereinafter "Federal Way" and
the City of Des Moines, a municipal corporation of the State of Washington, hereinafter
"Des Moines". :
WHEREAS, Federal Way maintains an ACCESS computer system within the State
of Washington, to provide Accass Services for its municipal jurisdiction, and
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WHEREAS, Des Moines maintains an ACCESS computer system within the State
of Washington, to provide Access Services for its municipal jurisdiction, and
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WHEREAS, Des Moine~ wishes to avail itself of Access Services through Federal
Way facilities and staff, and I
WHEREAS, Federal Way is agreeable to rendering such Access Services on terms
and conditions negotiated beíWßen the parties; .
NOW, THEREFORE, pursuant to the. provisions of the Interlocal Cooperation Act,
Chapter 39.34 RCW, Federal Way and Des Moines hereby agree as follows:
Section 1. Definition qf "Access Service". For the purposes of this Agreement,
"Access Service" means those: services commonly known as "access services" in law
enforcement, including but not limitedto, routine receiving, entering, locating, confirming,
confirmation, clearing, modifying, updating, and/or removing of all warrants and court
orders generated by the Des Moines Municipal Court; the routine receiving, entering,
modifying, updating, and remo\fing of all wanted/missing persons and property records
generated by the Des Moines Police Department, specifically including those pertaining to
stolen vehicles and police impol1Jnds: and the maintenance and retention of a SOAP (Stay
Out of Area of Prostitution) order file.
Section 2. Federal W$v Obliqations. In consideration of the promises of Des
Moines set forth in this Agreement and payment of the sum specified below, Federal Way
promises as follows:
(a) Federal Way will perform all Access Services as describe in
Section 1 twenty-four hours a dl3Y for the duration ofthis Agreement.
Interlocal Agreement for Access Service
Page -2
(b) Federal Way agrees to enter data into the ACCESS system
within twelve (12) hours of receipt of the fax copy of any signed stolen vehicle report or any
signed missing person report. .
(c) Federal Way agrees to be responsible for the performance of
ACCESS Services on behalf of Des Moines for any State audit and the results thereof.
The Parties agree that Federal Way is not responsible for the information provided by Des
Moines.
(d) Federal Way agrees to notify Des Moines on or before
November 1 of each year of the Agreement, of the cost for the personnel performing the
services in this Agreement.
Section 3. Des Moines Obligations. In consideration of the promises of Federal
Way set forth in this Agreement, Des Moines obligations are as follows:
(a) Des Moines agrees to pay Federal Way for providing the
Access Service described in Section 2 of this Agreement for the calendar year 2000, the
amount of Three Thousand Eight Hundred and Fifty Dollars ($3,850.00) per month to be
paid quarterly, with the first payment beginning on April 1, 2000. For each calendar year
thereafter, Des Moines agrees to pay any increases in the cost of personnel pursuant to
the. notice provided by Federal Way in accordance with Section 2(d).
Payments shall be made to the City of Federal Way Finance Department, 33530 1 st
Way So., Federal Way, WA 98003, within thirty (30) days of their due date.
(b) Des Moines agrees to provide, for the duration of this
Agreement, courier service, to transfer documents herein described, to and from Federal
Way on a regular basis. Des Moines agrees that Federal Way is not responsible if
documents are not received. and that Federal Way is not responsible for the content of
such documents.
(c) Des Moines agrees to modify all currently active warrants and
court orders to show Federal Way as the confirming agency. This shall be accomplished
within twenty-one (21) days of mutual execution of this Agreement.
. (d) The Des Moines Police Department agrees to fax, with hard
copy to follow, to Federal Way. as soon as is reasonably practical, a true copy of any
signed stolen vehicle report or any signed missing person report. These reports shall be
entered into the ACCESS system within twelve (12) hours of receipt of the fax copy.
Interlocal Agreement for Acce$s Service
Page 3
Section 4. Supervisioln and Personnel. Both parties to this Agreement
understand and agree that Fe~eral Way is acting as an independent contractor and that
control of personnel, standard ~f performance, discipline, and all other aspects of Access
Service shall be governed enti~ely by Federal Way.
Section 5. Hold Harmless Agreement.
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(a) Fedßral Way shall indemnify and hold harmless Des Moines
and its officers, agents, and e""ployees, or any of them from any and all claims, actions,
suits, liabilities, loss, cost, expe~ses, and damages of any nature whatsoever, caused by
any reason of or arising out of .ny negligent act or omission of Federal Way, its officers,
agents, and employees, or anYlofthem relating to or arising out of performing services or
entering data, pursuant to this Agreement. In the event that any suit based upon such a
claim, action, loss, or damage iß brought against Des Moines, Federal Way shall defend
the same at its sole cost and ~xpense; provided that Des Moines reserves the right to
participate in said suit if any principal of government or public law is involved; and if final
judgment be rendered against Des Moines, and its officers, agents, and employees, or any
of them, or jointly against Desl Moines and Federal Way and their respective officers,
agents, and employees, or any of them, Federal Way shall satisfy the claim.
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(b) Des: Moines shall indemnify and hold harmless Federal Way
and its officers, agents, and employees, or any of them from any and all claims, actions,
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suits, liability, loss, cost, expenses, and damages of any nature whatsoever, caused by any
reason of or arising out of any n$gligent act or omission of Des Moines, its officers, agents,
and employees, or any of th$m relating to or arising out of transmittal of warrant
information and other information required pursuant to this Agreement. In the event that
any such suit based upon such é!l claim, action, loss, or damage is brought against Federal
Way, Des Moines shall defend the same at its sole cost and expense; provided that
Federal Way reserves the right to participate in said suit if any principal of government or
public law is involved; and if fimjl judgment in said suit be rendered against Federal Way,
and its officers, agents', and employees, or any of them, or jointly against Federal Way and
Des Moines and their respectivß officers, agents, and employees, or any of them, Des
Moines shall satisfy same.
Interlocal Agreement for Access Service
Page 4
Section 6. Duration of Agreement. This Agreement shall be effective from
December 1, 1999 through January 31,2001 ("Term"),provided that it shall automatically
renew for an additional one (1) year term under the terms and conditions of this
Agreement.
Prior to expiration of the Term, the City may terminat~ this Agreement with or
without cause upon 180 days prior written notice to Des Moines
Prior to expiration of the term, Des Moines may terminate this Agreement for cause
upon 180 days written notice to Federal Way. On or before May 15, 2001, Des Moines
may notify Federal Way of its intention not to renew this Agreement for another term.
Section 7. Notices. Any notices required to be given by Federal Way or by Des
Moines shall be delivered to the Parties at the addresses set forth below.
Section 8. Filing of AQreement This Agreement shall be filed with the City Clerk
of each municipality and the Secretary of State as required by law.
Both parties, through their authorized agents, have read and understood the above
Agreement, and intend to be bound by it, and the authorized agents of Federal Way and
Des Moines have signed below this day of , 1999.
CITY OF DES MOINES
CITY OF FEDERAL WAY
By .
Robert L. Olander, City Manager
29317 4th Ave. S.
Des Moines, WA 98198
By direction of the City Council
taken
David H. Moseley, City Manager
33530 1st Way S.
Federal Way, WA 98003
By direction of the City Council
taken
Attest:
Attest:
City Clerk, Denis Staab
City Clerk. N. Christine Green
Interlocal Agreement for Access! Service
Page 5 .
Approved as to Form:
City Attorney, Gary McLean
K:\I NTE RL C L \DesMoineswarrantprocess3.ag r
11/15/99
Approved as to Form:
City Attorney, Londi K. Lindell
Item 5B
Subject:
(::ITY OF FEDERAL WAY
CITY COUNCIL P~SlREcREA TIONIHUMAN SERVICES!
PUaLIc SAFETY COMMITTEE
1ovember 22, 1999, Meeting
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November 16, 1999
Londi K. Lindell, ~ity Atto~
Amending Federal Way Criminal Code
Date:
From:
The following amendments to the Federal Way Criminal Code are housekeeping amendments to
make the City Code consistent with state law changes and consistent with recent court cases.
1.
Background: Federal Way Crimi al Code (FWCC) 6-37 currently criminalizes the possession or
consumption of liquor by an indivi ual under the age of 21. The code does not allow prosecution
of a minor that already consume alcohol prior to any law enforcement contact. The City
Prosecutor's Office has had to decline many cases due to this exclusion in the FWCC. The
Washington State Legislature ameþded RCW 66.44.270 to not only criminalize possession and
consumption, but also to criminaliz~ an individual exhibiting the effects of alcohol in a public place
or in a motor vehicle in a public plate. In the interests of public health, safety and welfare, the City
of Federal Way staff recommends that FWCC 6-37 be repealed as currently worded and adopt RCW
66.44.250 by reference, including all future ame{ldments, additions or deletions.
Committee Recommendation: Mbtion to approve the Amendment to Ordinance No. 91-89, §
1(9.04.020),3-5-91, and forward tq full Council.
2.
Possession of Marijuana
Background: Federal Way Crimiq.al Code (FWCC) 6-86(2) currently criminalizes the possession
of marijuana. The FWCC does not! impose a mandatory penalty for this crime. RCW 69.50.425
does impose mandatory penalties fdr this crime, specifically I day injail and a $250 fine for a first
offense and a $500.00 fine for a sdcond offense. Many of the surrounding jurisdictions impose
similar penalties for this crime. T~refore, criminals in the City of Federal Way receive a lesser
penalty for the same crime committtd in Kent. In the interests of public health, safety and welfare,
the City of Federal Way staffrecoI11lrnends that FWCC 6-86 be amended to adopt RCW 69.50.425,
by reference, including all future amendments, additions and deletions.
Committee Recommendation: Mþtion to approve the Amendment to Ordinance No. 91-89, §
l(9.14.0l0), 3-5-91, and forward to: full Council.
3.
Possession of Drug Paraphernalia
Background: Federal Way Criminal Code (FWCC) 6-88 currently criminalizes the possession of
drug paraphernalia. The FWCC does not impose a mandatory penalty for this crime. RCW
69.50.425 does impose mandatory penalties for this crime, specifically 1 day injail and a $250 fine
for a first offense and 1 day in jail and a $500 fine for a second offense. Many of the surrounding
jurisdictions impose similar penalties for this crime. Therefore, criminals in the City of Federal Way
receive a lesser penalty for the same crime committed in Kent. In the interests of public health,
safety and welfare, the City of Federal Way staff recommends that FWCC 6-88 be amended as
. currently worded to reflect the mandatory penalties under RCW 69.50.425, copy attached.
Committee Recommendation. Motion to approve the Amendment to Ordinance No. 91-89, §
1(9.14.020),3-5-91, and forward to full Council.
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Committee Member
K:\FORMS\COVERCCP
K:\CRIMINAL \AMEND\CRCO D E. co V
OJmINANcE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY,lwASHÍNGTON, REPEALING FEDERAL WAY
CRIMINAL CODE 6-37 AND ADOPTING BY REFERENCE RCW
66.44.270 FURNISHING LIQUOR TO MINORS-POSSESSION,
USE-PENAL TIES-EXlßBITION OF EFFECTS-EXCEPTIONS.
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WHEREAS, the City of Federal currently criminalizes furnishing, providing and
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possession of liquor by individuals 'under the age of 21, and
WHEREAS, the provisions the city code no longer satisfactorily accomplish this end
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due to the Washington State Supre$e Court ruling in State v. Hornaday, 105 Wash.2d 120 (1986),
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and
WHEREAS, the statt legislature has amended RCW 66.44.270to properly reflect the
Washington State Supreme Court rilling in Hornaday;
NOW, THEREFORE,
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THE CITY COUN~IL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1. Repeal. <Drd. No. 91-89, § 1(9.04.020),3-5-91, Federal Way Criminal
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Code Section 6-37 is hereby repeal1d:
Section 6 37. Furnishing liquor tø persons underage; possession; use.
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(a) It is unlavvwl for anyoqc undcr thc age of 21 years to acquire or hao/c in his or her
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possession or con3ume any liquor.
(b) It is unlavvwl f{)r anyone to sell, give or otherwise supply liquor to any per30n under the
ORD#
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agc of21 years, or pennit any pcr30n under that age to con3mn.e liquor on his or her premises or on
any premiscs under his or hcr control.
(e) This scction shall not apply "vVhcn liquor is gi-v'cn or pennittcd to be givcn to a pêfson
undcr the age of21 years by his or her parent or guardian and consumed in the presence ofthc'parcnt
or gU81'dians. This subsection shall not authorize ce)ftsumption or possession of liquor by a person
under the age of21 years on fifty premises licensed under RCW eh. 66.24.
(d) Thisseetion does not apply to liquor gi"v'en for medicinal PW'l'°SC3 to a pcrson under the
age of 21 years by a parent, guardian, physician. or dentist.
(c) This section does not apply to liquor given to a person under the age of 21 years 'vi,iten
such liquor is being used in connection with religious services and thc amount consumed is the
minimal amount necessary f.of the religious scrviee.
(f) Violation of this scetion is a misdemeanor.
(Ord. No. 91 89, § 1(9.04.020),3 5 91)
Section 2. Adoption. RCW 66.44:270, a copy of which is attached hereto as Exhibit
"A" and incorporated herein by this reference, including all future amendments, additions or
deletions, is hereby adopted by reference as Federal Way Criminal Code Section 6-37.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
ORD#
,. PAGE 2
Section 4. Ratificrtion. Any act consistent with the authority and prior to the
effective date of this ordinance is ,ereby ratified and affirmed.
Section 5. Effectivþ Date. This ordinance shall take effect and be in force five (5)
days from and after its passage an4 publication, as provided by law.
PASSED by the city Council of the City of Federal Way this
:
,19_. :
I
day of
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE G1ŒEN, CMC
I
APPROVED AS TO FORM:
I
CITY ATTORNEY, LONDI K. LI¡~IDELL
FILED WITH THE CITY CLERKi:
PASSED BY THE CITY COUNC~L:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\CRIM\AMEND\6-37mip
ORD#
, PAGE 3
WA ST 66.44.270
http://wcb2.wcstlaw.comlsharedltcxt.wI?Rc...Codc=O&Scrvicc=Find&RS=WL W2.08& VR=2.0&n= I
West's RCWA 66.44.270
EXHIBIT "A"
WEST'S REVISED CODE OF W ASIllNGTON ANNOTATED
TITLE 66. ALCOHOLIC BEVERAGE CONTROL
CHAPTER 66.44. ENFORCEMENT--PENALTIES
Copr. (0 West Group 1999. All rights reserved.
Current through End of 1999 Sp. Sess.
66.44.270. Furnishing liquor to minors--Possession. use--Penalties-- Exhibition of effects--Exceptions
(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of
twenty-one years or permit any person under that age to consume liquor on his or her premises or on any
premises under his or her control. För the purposes of this subsection, "premises" includes real property,
houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection
is a gross misdemeanor punishable as provided for in chapter 9A20 RCW.
(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise
acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in
chapter 9A20 RCW.
(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a
motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of
this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of
liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or
recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or
otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if
the person is in the presence of a parent or guardian or has consumed or is consuming liquor under
circumstances described in subsection (4) or (5) of this section.
(3) Subsections (1) and (2)(a) of this section do not apply to liquor given or pennitted to be given to a
person under the age of twenty-one years by a parent or guardian and consumed in the presence of the
parent or guardian. This subsection shall not authori.ze consumption or possession of liquor by a person
under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.
(4) This section does not apply to liquor given for medicinal purposes to a person under the age of
twenty-one years by a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a person under the age of twenty-one years when such
liquor is being used in connection with religious services and the amount consumed is the minimal amount
necessary for the religious service.
(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one
years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a
license to sell or dispense any liquor after that person has attained the age of twenty-one years.
CREDIT(S)
1999 Electronic Pocket Part Update
[1998 c 4 § 1; 1993 c 513 § 1; 1987 c 458 § 3; 1955 c 70 § 2. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 §
37(1); RRS § 7306-37(1); prior: Code 1881 § 939; 1877 P 205 § 5.]
<General Materials (GM) - References, Annotations, or Tables>
EXHIBIT "A"
lof8
11/16/99 11:13 AM
ORDINANCE NO.
I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY~ WASHINGTON, AMENDING FEDERAL
WAY cRIMINAt CODE 6-88-MANDA TORY PENALTIES
INVOLVED. .
WHEREAS, the Ci1jy of Federal Way currently criminalizes the possession of items
commonly known as Drug ParapMmalia, and
WHEREAS, the Revised Code of Washington 69.50.425 imposes a mandatory
penalty of24 consecutive hours in~ail and a $250.00 fine for a first offense, and on a subsequent
offense the mandatory jail time remains 24 consecutive hours but the fine increases to $500.00, and
WHEREAS, surrotUlding communities in South King County and North Pierce
County all impose these mandatory minimum penalties;
I
NOW, THEREFORiE,
THE CITY COUNÇIL OF THE.CITY OF FEDERAL WAY, WASHINGTON,
:
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amend. <Drd. No. 91-89, § 1(9.14.020),3-5-91, is amended as follows:
Sec. 6-87. Drug paraphernalia--Possession prohibited.
No person shall possess any drug paraphernalia as defined in section 6-88. Possession of drug
paraphernalia is a misdemeanor. 4ut individual's first offense of this section is punishable by a
mandatory penalty of24 consecutiv~hours in ¡ail and imposition of a $250.00 fine. Any subsequent
offenses shall be punishable by a l11-andatory penalty of24 consecutive hours in ¡ail and a $500.00
fine. These fines shall be in additiqn to any other fine or penalty imposed.
ORD#
, PAGE 1
Section 3. Severability. The provisions ofthis ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
')
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,19-
CITY OF FEDERAL WAY
MA YOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
ORD#
, ,P AGE 2
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\CRIMINAL IAMEND\6-88pdp
ORD#
,.PAGE 3
ÓRDINANCE NO.
AN ORDINANCf OF THE CITY COUNCIL OF THE CITY
OF FEDERAL, WAY, WASHINGTON, AMENDING
FEDERAL WAt CRIMINAL CODE 6-86-MANDATORY
PENALTIFS ~OLVED.
WHEREAS,. the «':ity of Federal Way currently criminalizes the possession of
marijuana, and
WHEREAS, the Revised Code of Washington 69.50.425 imposes a mandatory
penalty of 24 consecutive hours ¡Jjail and a $250.00 [me for a first offense, and on; subsequent
I
offense the mandatory jail time remains 24 consecutive hours but the fine increases to $500.00,
and
I
WHEREAS, surro~nding communities in South King County and North Pierce
County all impose these mandatoI1y minimum penalties;
:
NOW, THEREFOtrn,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASmNGTON,
DOES HEREBY ORDAIN AS FbLLOWS:
:
Section 1. Amend. Ord.No.91-89, § 1(9.14.010),3-5-91, is amended as follows:
Sec. 6-86. Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1)
(2)
RCW 69.50.101, Dèfinitions.
RCW 69.50.204(d)~13), Schedule I--Marijuana.
"
ORD#
, PAGE I
(3)
(4)
(5)
(6)
(7)
(8)
ill
RCW 69.50.309, Contãiners.
RCW 69.50.401(e), Prohibited acts: A--Penalties.
RCW 69.50.412, Prohibited acts: E--Penalties.
RCW 69.50.505, Seizure and forfeiture.
RCW 69.50.506, Burden of proof.
RCW 69.50.509, Search and seizure of controlled substances.
RCW 69.50.425. Misdemeanor violations-Minimum imprisonment
Section 2. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days ftom and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,19-
ORD#
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
, PAGE 2
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
I
CITY AT.TORNEY, LONDI K. LOCNnELL
I
I
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNQ]L:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\
Revised 11-18-98
ORD# .
, PAGE 3
WA &T 69.50.425
httpJ/web2.westlaw.com/sharcd!t.cxt.wI?Re...Codc=O&Service-Find&RS-WLW2.08&VR-2.0&n-l
West's RCWA 69.50.425
WEST'S REVISED CODE OF W ASIDNGTON ANNOTATED
TITLE 69. FOOD. DRUGS. COSMETICS. AND POISONS
CHAPTER 69.50. UNIFORM CONTROLLED SUBSTANCES ACT
ARTICLE IV --OFFENSES AND PENALTIES
Copr. 0 West Group 1999. All rights reserved.
Current through End of 1999 Sp. Sess.
69.50.425. Misdemeanor violations--Minimum imprisonment
A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished
by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two
hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred
dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that
the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or
mental well-being or that local jail facilities are in an overcrowded condition, the minimum tenD of
imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it
shall sentence the defendant to a minimum of forty hours of community service. If a minimum tennof
imprisonment is suspended or deferred, the court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds
the person to be indigent, the minimum fine shall not be suspended or deferred. .
CREDIT(S)
1997 Main Volume
.
[1989 c 271 § 105.]
<General Materials (GM) - References, Annotations, or Tables>
mSTORICAL AND STATUTORY NOTES
1997 Main Volume
Application--1989 c 271 §§ 101-111: See note following RCW 9.94A3l0.
Severability--1989 c 271: See note following RCW 9 .94A.31 O.
West's RCWA 69.50.425
WA ST 69.50.425
END OF DOCUMENT
Copr. (C) West 1999 No Claim to Orig. U.S. Govt. Works
1 roC 1
1111¡:;/oO11.nAM
Item 5C
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREA nON, IfUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
November 16, 1999
From:
Jon Jainga, Parks Plan"ing and Development Manager
1999 Parks and Recreatfon Survey Results
Subject:
Backl!round:
In July 1998 the park commission be~an the process in updating the 1995 Parks, Recreation and
Open Space Plan. One ofthe steps tó update the plan is to conduct a community need's assessment.
The last survey was taken in 1991
September 1999, the parks commissipn and staff met and revised the 1990 parks and recreation
community survey.
November 1, 1999 staff finalized the i1999 Park and Recreation Survey for citizen comment. The
1999 parks and Recreation Survey ~11 compare the community's response to the city's current park
and recreation services. It will also ~sist the city council to prioritize needs, evaluate trends and
guide implementation to meet citizenl requests and needs for future development and acquisition of
park facilities and recreation programs.
The 1999 Park and Recreation Survey was available via the City's Web Page. Citizens were
responding to the Internet survey the $ame day it was posted on the web page. The survey was also
available at all city facilities for citiz~ns to pick up and staff also mailed 1,200 surveys to Federal
Way residents. Ten senior girl scouts from Federal way and Decatur High School conduct a
telephone survey as part of their co~unity services project.
',',
~;-':
Survey Result Summary
!¡~
1991:
When asked to list the most needed improvements to existing parks, top responses were:
,;,
¥
Q:
1999:
*' Public concern about ~e poor conditions in existing parks,
* Continue organized spqrts as an important recreation program,
* 73% indicated the city ~hould budget money for city beautification projects.
* More restrooms.
* More security in parks, ,
* Sports lighting at Sacaj~wea and Lakota.
* Higher level ofmainte$nce.
* Park for "little" kids. '
Q:
When asked to list the most importt(.nt park and recreationfacility or program needed in Federal Way, the
top responses were:
1991:
1999:
* 87% responded that mote park areas were needed in Federal Way.
* A community 1 recreati~n center.
* Teen programs and activities.
* More soccer fields.
* A performing arts center.
* A new community cente¡r.
* Skate Board Park,
* Performing arts center 0,000 + seats)
* More sports fields.
* Ice-skating rink.
* Teen and youth facilitie$ and programs.
* More neighborhood par~s,
Q:
When asked with the population grqwing each year, should Federal Way provide more parkand recreation
facilities to accommodate the incretJsed demands, the top responses were:
1991:
1999:
* 86% responded Yes.
* 72% responded Yes.
Q:
When asked what type of new revenue source would you be willing to support for the new facilities, the top
responses were:
1991:
1999:
* 86% favored a voter approved bond.
* 56% favor a voter approved bond.
* 31 % favor a park and recreation impact / user fee.
* 15% other
1991 Demof!raohic break down:
(5%) 15 - 20 age group
(24%) 21 - 30 age grou
(26%) 31 - 40 age group
(13%) 41 - 50 age group
(9%) 51 - 65 age group
(6%) 65 + age group
11999 Denrof!raohic break down:
(4%) 15 - 20 age group
($%) 21 - 30 age group
($5%) 31 - 40 age group
(~3%) 41 - 50 age group
(14%) 51 - 65 age group
($%) 65 + age group