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07-12-2022 PRHSPSC MINS K:\PRHSPS Committee\2022\07-12-2022 Minutes.doc City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 12, 2022 5:00 p.m. SUMMARY Committee Members Present: Chair Walsh, and Committee member Assefa-Dawson Committee Member Excused: Committee member Norton Council Members Present: Council President Kochmar, Deputy Mayor Honda and Council member Dovey Staff Members Present: Joanna Eide, Assistant City Attorney, Deputy Chief of Police Kyle Sumpter, Brian Davis, Interim City Administrator, Autumn Gressett, Contract Administrator, John Hutton, Parks Director and Mary Jaenicke, Administrative Assistant II. Guests: Brian Hoffman, General Manager of Spectra, Chair Walsh called the meeting to order at 5:00pm BUSINESS ITEMS Public Comment: Deanna Riddle, Steel Lake Resident spoke against the proposal to build a maintenance facility at the Steel Lake Annex side of Steel Lake Park. Ms. Riddle stated that she understood that there is a reason to consider it because of savings of cost to build it there, but she believes it would cost a whole lot more for the public. People need a place recreate and play. Approval of Minutes Committee member Assefa-Dawson motioned to approve the June 14, 2022 minutes as written. Chair Walsh seconded. Motion passed. Report on PAEC Operations Spectra General Manager Brian Hoffman provided an update on events that were held at the Performing Arts and Event Center (PAEC) for the month of June. There was a total of 12 usage days. Theater rentals included the Washington Wrestling Hall of Fame Induction ceremony and the Native Comedy Jam. The Event Space rentals included Goodman Real Estate, a private engagement party and the Greater Federal Way Chamber Luncheon. 2800 plants were installed in the art exhibit and the landscaping is 95% complete. There was some vandalism to the bistro tables; they are continuing to work with their private security company. They continue to have problems with graffiti and shopping carts throughout the property. Mr. Hoffman also reviewed the financials between May 2019 and May 2022. Council President Kochmar asked if there has been any marketing for weddings. Mr. Hoffman answered that they have done some marketing, but that this year they haven’t done as much as they should have. There are some weddings scheduled and they will be focusing on booking more weddings in 2023 and 2024. The biggest challenge is that people want to bring in their own catering. The PAEC has exclusive catering. The reason for that is that they can control the product that they’re putting out and it generates more revenue to the City. By allowing outside caterers you lose control and you lose revenue. Committee member Assefa-Dawson asked what they would do if there was a client that had a request for a certain type of food and the Chef did not know how to cook that specific type of food. Mr. Hoffman answered that Spectra has many Chef’s that they can pull from different locations. Chair Walsh suggested looking into allowing select caterers to cater events at the PAEC. Discussion was held regarding allowing outside catering vs. keeping it all in-house or allowing select caterers. Staff Gressett added that she has been on both sides of being in a venue that runs catering exclusively, being in a venue that runs outside caterers, and being on the catering side. What she discovered with the PAEC is that being able to provide quality PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 12, 2022 Summary Page 2 consistency with an all-inclusive venue management company has provided an excellent experience for all of their patrons. Spectra has resources throughout the nation and the region. Without having exclusivity for food and beverage your ability to staff your venue is very minimal. There are five full- time employees that do everything from set-up, serving food and beverage and takedown. Taking away the exclusivity takes away the ability and the financials to be able to have those five full-time staff. The committee would like to have staff attend Wedding and Event Shows. They would like Spectra to consider allowing outside caterers. Shopping Carts Staff Eide spoke about the legal aspects of shopping carts in Federal Way and the law as it exists today. Currently the City of Federal Way through ordinance incorporates state law that prohibits theft of shopping carts. RCW 9A 270 states that it is unlawful to do any of the following acts if a shopping cart has a permanently affixed sign. Each of the shopping carts has to have a sign on it that cites to the statute that says it’s unlawful to take the cart off the premises and have information identifying who the owner of the shopping cart is. There are requirements that the person has to have the intent to deprive the owner of the use. This can be fairly easy to prove as far as an element is concerned. The Federal Way City ordinance incorporates that crime as a misdemeanor with a maximum penalty of up to 90 days in jail and up to $1,000 in fines or a combination of up to both. It is up to the court to decide what the up to amount is. The City of Federal Way also has a requirement in their ordinance that all of the businesses in the City of Federal Way carry those identification signs as required in state law. There are legal issues if a shopping cart is currently being possessed by a person and contains their personal items. If the City cites someone with a shopping cart we would have to be responsible for inventorying items in the cart. Deputy Chief Sumpter added that if the cart does not have the sign on it per the RCW, enforcement is a non-starter. The start of the enforcement is to have business owners put the signs on their carts. Deputy Chief Sumpter also stated that the City ordinance is focused on businesses and their obligations and there is nothing in the City ordinance directed at individuals for stealing or possessing a shopping cart. The RCW is focused on the individual who would unlawfully steal or possess the cart. Businesses are already legally obligated to put the RCW sign on all their carts. The question is how to gently get the businesses to comply with the ordinance. Discussion continued regarding how to get businesses to place the signs on their carts. Chair Walsh suggested waiving the $25 fee to retrieve the cart if the cart is properly marked. Staff Eide stated that it is currently in the ordinance if they are properly marked and security measures in place they can get a deferral on fees for those abandoned shopping carts; they get three per month. Staff Davis added that the store managers helped the city develop the policy, it was their suggestion that the city place that incentive in the ordinance. Staff Davis recommended reaching out to the stores and give them a time period to rotate their inventory of carts out. Chair Walsh added that they should be informed that this law will be enforced if they are properly marked. Staff Davis added that if the decision is to waive the fees for the signs then that’s a cost that would need to be made up elsewhere. The program currently pays for itself; the cost of the program is $80,000. Other Business None NEXT REGULAR MEETING September 13, 2022 ADJOURNMENT Meeting adjourned at 6:32 p.m.