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PRHSPSC PKT 06-11-2001 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE June 11,2001 12:00 p.m. Ci ty Hall Mt. Baker Conference Room AGENDA 1. CALL TO ORDER PUBLIC FORUM 2. 3. 4. COMMISSION COMMENTS APPROV AL OF MAY 14,2001 SUMMARY COMMITTEE BUSINESS 5. A. Community Development Block Grant (CDBG) Pass through Acceptance B. Ordinance Amending Federal Way City Code Municipal Court, Chapter 2, Article X, Section 2-311(e) C. Boeing Employee Credit Union Donation D. The 2001 Bulletproof Vest Partnership Grant E. First Amendment to the Yakima County Jail Interlocal Agreement F. Skate Park 2% for the Arts G. Park Ordinance Amendment 6. 7. NEXT MEETING - Monday, July 9,2001 ADJOUR1\TMENT Action Guenther Action Warter Information Kirkkpatrick Action Kirkpatrick Action Kirkpatrick Update Action Faber Schroder Committee Members: Jeanne Burbidge, Chair Michael Hellickson Dean McColgan Staff: Jennifer Schroder, Director Mary Jaenicke, Administrative Assistant II 661-4041 City of Federal Way City Council P ARKS, RECREA nON, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, May 14, 200l l2:00 p.m. SUMMARY In attendance: Council Committee members Jeanne Burbidge, Chair; Michael Hellickson, and Dean McColgan, Deputy Mayor Linda Kochmar. Staff: David Moseley, City Manager; Laura Camden, Police Services Budget Coordinator; Ann Guenther, Human Services Manager; Derek Matheson, Assistant City Manager; Donna Hanson, Assistant City Manager; Bob Sterbank, City Attorney; Pat Richardson, Deputy City Attorney; Jennifer Schroder, Director of Parks, Recreation and Cultural Services; Jon Jainga, Park Planning & Development Manager;Kurt Reuter, Parks Maintenance and Operations Superintendent; Mary Faber, Recreation and Cultural Services Superintendent; Lt. Kyle Sumpter, Public Safety; Mary Jaenicke, Administrative Assistant II. Guests: Barbara Reid, Joanne Piquette, Nancy Ise:,...l£.arl Grosch, Bob Kellogg, Richard Bye Chair Burbidge called the meeting to order at 12:02 p.m. PUBLIC FORUM None COMMISSION COMMENTS Arts Commission Chair Piquette reported on the loaned art project at Celebration Park. There are currently 5 pieces that have been installed. There will be a total of eight pieces. Those pieces will remain at the park for one year. Parks and Recreation Commissioner Grosch reported that the commission is down to five members. He is concerned about possibly not having a quorum at the next meeting. Schroder reported that interviews are being held on May 15,2001. There are six applicants. APPROVAL OF SUMMARY DEAN McCOLGAN AND MICHAEL HELLICKSON MOVED AND SECONDED TO APPROVE THE APRIL 9, 2001 MEETING SUMMARY AS WRITTEN. MOTION PASSED. BUSINESS ITEMS 2001 Human Services Commission Work Plan Richard Bye Chair for the Human Services Commission presented the 2001 Work Plan. He pointed out two items of interest in the work plan. Those items are l) Learn more about current human services needs and identify gaps in the human services system, and 2) Develop partnerships to increase coordination and collaboration around human services issues. Some of their ideas include a human services telethon, utilizing the city cable channel to show human service programs funded by the city and hosting a community forum to gather information from citizens and others regarding human services needs in Federal Way. HELLICKSON AND MCCOLGAN MOVED AND SECONDED A MOTION TO APPROVE THE HUMAN SERVICES COMMISSION'S 2001 WORK PLAN, AS PROPOSED BY THE COMMISSION AND FORW ARD TO THE FULL COUNCIL FOR APPROVAL ON JUNE 5, 2001. MOTION PASSF,D. ReQuest for Purchasing Authority - Holster & Firearms Chief Kirkpatrick reviewed the need to plJrchase new holsters and firearms for the 105 cornnlÌssioned officers. It is a cost savings to purchase the Holster and Firearm as a package. The current holster issued provides limited retention capability in the event the holster is unsnapped. The Glock series of weapons is easier to use and less prone to officer error. Council member McColgan asked if there would be any difference in training. Lt. Sumpter PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, April 9, 2001 Summary P,1gC 2 stated there would be some initial training, but they have quarterly training so this would not be at any additional cost. HELLICKSON AND MCCOLGAN MOVED AND SECONDED A MOTION TO APPROVE THE REQUEST TO PURCHASE THE GLOCKS, HOLSTERS, AND CASES IN THE AMOUNT OF $33,149.72 WITH THE FOLLOWING IDENTIFIED FUNDING SOURCES, DRUG FORFEITURE; $18,006.94, LLEBG 99 AWARD; $9,042.91, AND FEDERAL FORFEITURE BUDGET; $6,099.87, AND FORWARD TO FULL COUNCIL FOR CONSIDERATION ON JUNE 5, 2001. MOTION PASSED Ordinance Amendil1!!: Chapter 15 of the Federal Way City Code bv Adoptin!!: State Statutes and Authorizing Department of Public Safety to appoint volunteers to enforce parkin!!: for disabled persons The State Legislature has modified state law establishing certain misdemeanors to now be classified as felonies and has authorized the City to commission volunteers to enforce disabled parking violations. Chief Kirkpatrick stated the purpose of this ordinance is to allow volunteers under the direction of the police department to enforce disabled parking violations. Volunteers will have the capability to cite offenders. Par~~ommissioner Grosch requested that they also check the validity of the permits. Chair Burbidge asked what arê-tilé potential penalties, Pat Richardson stated the penalty is a traffic infraction with a fine of not more than $250.00 MCCOLGAN AND HELLICKSON MOVED AND SECONDED A MOTION TO APPROVE AND ADOPT THIS ORDINANCE AMENDING THE CITY OF FEDERAL WAY TRAFFIC AND VEHICLES CODE, CHAPTER 15, AND FORWARD TO FULL COUNCIL FOR CONSIDERATION AT ITS JUNE 5,2001 MEETING. MOTION PASSED. Ordinance Amendin!!: Federal Way City Code, Chapter 2 Authorizin!!: Limited Commission Officers Chief Kirkpatrick stated that this ordinance gives Public Support Officers limited commission to allow for specific enforcement. The Public Support Officers will target vehicle impounds, issuance of civil infractions, arrest of escaped prisoners, and investigate, arrest and assist in traffic accidents. This ordinance will free up a commissioned officers time. Hellickson asked if we would be likely to see a request for an increase in pay. This is a negotiated issue. They will remain in their own guild. HELLICKSON AND MCCOLGAN MOVED AND SECONDED A MOTION TO APPROVE AND ADOPT THIS ORDINANCE AMENDING THE CITY OF FEDERAL WAY ADMINISTRATION CODE, CHAPTER 2, AND FORWARD TO FULL COUNCIL FOR CONSIDER,.\;fION AT ITS JUNE 5, 2001 MEETING. MOTION PASSED. Addin!!: a new Article to Chapter 15 of the Federal Way City Code, Authorizin!!: Impoundment of Vehicles Driven bv Suspended or Revoked Drivers Sterbank presented a report regarding the deterrent effect of vehicle impoundment on suspended, revoked and unlicensed drivers. This ordinance will allow police to impound vehicles for individuals arrested driving with a suspended or revoked license. This ordinance will also serve as a deterrent to offenders who drive without a valid license, and the impoundment period will increase with the severity of the offense increasing the cost to the violator to retrieve their vehicle. Council member Hellickson asked what is the down side of this ordinance. Sterbank stated there was no downside from an operation standpoint. It is controversial because it tends to impact lower income people, but with the implementation of timed payments it helps lessen the financial hardship. Council member McColgan asked if we had the resources to impound possibly 800 cars. They have met with tow truck drivers, and they stated they have the space. Their only concem was that the towing companies be called on a rotating basis. Matheson also stated that the Council had added one Full Time Employee position to deal with this ordinance. HELLICKSON AND MCCOLGAN MOVED AND SECONDED A MOTION TO APPROVE AND ADOPT THIS ADDITION TO THE ORDINANCE AMENDING THE CITY.OF F~DERAL WAY TRAFFIC AND VEHUICLES CODE, CHAPTER 15, AND FORWARD TO FULL COUNCIL FOR CONSIDERATION AT ITS JUNE 5, 2001 MEETING. MOTION PASSED. PARKS, RECREA nON, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, April 9, 2001 Summary Page 3 Ordinance Amendin!!: Federal Way City Code, Animals Chapter 4 Richardson stated the purpose of this amendment is to bring current the City Code for Animals, Chapter 4 that was adopted by the Federal Way City Council in 1990 and accordingly will require modifications including adding a new section titled General Provisions to Article IV, Dangerous Dogs. MCCOLGAN AND HELLICKSON MOVED AND SECONDED A MOTION TO APPROVE AND ADOPT THIS ORDINANCE AMENDING THE CITY OF FEDERAL WAY ANIMAL CODE, CHAPTER 4, AND FORWARD TO FULL COUNCIL FOR CONSIDERATION AT ITS JUNE 5,2001 MEETING. 1\'lOTlON PASSED. Ordinance ADDING A New Section to and Amendin!!: the Federal Way City Code, Criminal Chapter 6 Richardson stated the purpose of this amendment is to bring current the City Criminal Code, Chapter 6. There are two specific changes: I) Washington State Legislature provided in state law a duty to report to the authÓrities certain actions involving minors. This requires amending Article VIII, Crime Against Persons by adding a new section titled "Reports - duty and authority to make". 2) The elements of the crime of prostitution as stated in the Revised Code of Washington have changed resulting in a modification to Article X, Section 6-239, Prostitution- Unlawful acts- Penalty. HELLICKSON AND MCCOLGAN MOVED AND SECONDED A MOTION TO APPROVE AND ADOPT THIS ORDINANCE AMENDING THE CITY OF FEDERAL WAY ANIMAL CODE, CHAPTER 6, AND FORWARD TO FULL COUNCIL FOR CONSIDERATION AT ITS JUNE 5, 2001 MEETING. MOTION PASSED. Celebration Park Banner Pro!!:ramlApproval of Banner Desi!!:ns Barbara Reid presented the five banner designs that have been proposed. To date they have received seven contracts, and have received commitment from approximately seven additional donors. The original agreement was to begin installation of the banners once they have received 35 donors. They would like to begin installation of the banners when they have received a total of 22 donors. Their goal is to have this completed by July 4. Council member Hellickson wanted to ensure that the funds from these banners go towards a play structure at Celebration Park. Schroder explained that this has been written into the agreement. MCCOLGAN AND HELLICKSON MOVED AND SECONDED A MOTION TO RECOMMEND TO FULL COUNCIL A "DO PASS" TO ACCEPT THE FIVE BANNER DESIGNS AS SUBMITTED AND TO APPROVE INST ALLA TION OF THE BANNERS IN TWO PHASES, AND TO PLACE THIS ITEM BEFORE THE COUNCIL ON JUNE 5, 2001 UNDER CONSENT. MOTION PASSED. 2001/2002 Parks Commission Work Plan Schroder presented the work plan. Some of the items are a carry forward of the previous years work plan. Some of the items include revising park rules/ordinances that were adopted in 1990, developing criteria for evaluating acquisitions, and reviewing the pros and cons of imposing a park impact fee. MCCOLGAN AND HELLICKSON MOVED AND SECONDED A MOTION TO RECOMMEND TO FULL COUNCIL A "DO PASS" TO ACCEPT THE PARKS COMMISSIONS 2001/2002 WORK PLAN AS SUBMITTED, AND TO PLACE THIS ITEM BEFORE THE COUNCIL ON JUNE 5, 2001 UNDER CONSENT. MOTION PASSED. Skate Park Bid Award Jainga stated that the bids wer~ opened on Friday, May II. We received two bids, only one of those bids was submitted correctly. T.F. Sahli Construction submitted the lowest responsive responsible bid. Deputy Mayor Kochmar asked what the project contingency is. Jainga stated its $20,000. Barbara Reid then asked where that money would go if its not spent. Jainga responded that decision would be made by the City Council. The time line for this project is 60 days, with a mandatory finish date of August 15, which is before Family Fest. Piquette stated that the Arts Commission has added additional funds for the Art Work. Jainga reported the 2% for the art was estimated to be $3840 per the Ordinance. The actual amount will be detem1ined on the actual award of S 188,480. Pat Richardson stated that she would like to look at the ordinance regarding the 2(Yo for the Arts Ordinance to determine the allocation for the art element. I)ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, April 9, 2001 Summary Page 4 HELLICKSON AND MCCOLGAN MOVED AND SECONDED A MOTION TO RECOMMEND AWARDING THE SKATE PARK BID TO T.F. SAHLI CONSTRUCTION, BURIEN W A. THE LOWEST RESPONSIBLE RESPONSIVE BIDDER IN THE AMOUNT OF $188,480.00 AND APPROVE THE CONSTRUCTION BUDGET AMOUNT OF $218,778.00 WHICH INCLUDES WASHINGTON ST ATE SALES TAX, 2% FOR THE ARTS AND A PROJECT CONTINGENCY TO FULL COUNCIL ON JUNE 5, 2001 FOR APPROVAL. MOTION PASSED. Final approval and acceptance for Sacajawea Soccer Field Improvement RFB 00-006 and to release project retaina!!e of the !!eneral Contractor, Tvdico Inc. Schroder st¡tted that the Sacajawea Soccer Field Improvement Project is complete. The project was completed within the budged amount of $565,000. By accepting final approval of this project and releasing the general contractor of his retainage, staff will be able to submit for the final reimbursement of the State's lAC Grant for this project. MCCOLGAN AND HELLICKSoN MOVED AND SECONDED A MOTION TO RECOMMEND FINAL APPROVAL FOR THE SACAJAWEA SOCCER FIELD IMPROVEMENT, RFB 00-006 AND TO RELEASE THE PROJECT RET AlNAGE FOR THE TYDICO INc., OF RENTON WASHINGTON TO FULL CONCIL ON JUNE 5, 200 FOR APPROVAL. MOTION PASSED. Poverty Bav Park Easement Request The Nadeau's have requested either the purchase of or easement ofa 10 - foot section of Poverty Bay Park. They are planning on expanding their home. The addition would prohibit their ability for vehicle access to the backside of their home. Schroder stated that it is visible that the Nadeau's have been using our property to get to the back of their house. The Nadeau's do not propose any alterations to the proposed easement. Conditions assigned should prohibit any alterations to the property. Pat Richardson would like the city to look at possibly leasing the property instead of granting an easement. HELLICKSON AND MCCOLGAN MOVED AND SECONDED A MOTION TO DIRECT STAFF TO PREPARE AS REQUESTED BY FRED AND SUSIE NADEAU, A 10' EASEMENT OR A LEASE AT POVERTY BAY PARK AND TO NEGOTIATE A FAIR COMPENSATION FOR USE OF THE EASEMENT OR THE LEASE. FINAL ACTION BY THE COMMITTEE WILL NOT BE TAKEN UNTIL A DRAFT OF THE EA8EMEÞr-T IS PREPARED FOR COUNCILS APPROVAL. MOTION PASSED. Facility Feasibility Study and Tourism Development PlanlNext Step Schroder reviewed the Hunter Study. The plan identified four strategic components for developing Federal Ways emerging downtown and the effort to promote tourism. The recommendation to create a BID and its effort to promote tourism are already in process. However, the City has not identified a role to carryout the Athletic Facility and Event Development Component and the Arts and Entertainment element. Each of these two components involves the acquisition ofland. In summary, based on the plan, the next steps to implement the proposed Performing Arts Centre is for The Federal Way Coalition of the Performing Arts (PAC) to begin fundraising efforts for a Performing Arts Centre. The next step for the Athletic Facility/Multi-use Facility is to secure transferable options on potential sites. Nancy Ise, Barbara Reid and Joanne Piquette all spoke regarding the need for a performance hall. Nancy lse stated there needs to be a commitment from the city, we need a plan and we don't have one yet. Other Council member Hellickson requested preliminary information from City Manager Da\ id Moseley, regarding how much it would cost to start a canine unit. NEXT MEETING June 11,2001. ADJOURNMENT Meeting adjourned at I :28 p.m. Item S.A CITY OF FEDERAL WAY CITY-.COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: June 4, 2001 Richard Bye, Chair, Human Services Commission David Mos~anager 2002 CDBG pWs\~r~ugh Acceptance From: Via: Subject: Background As part of the City's joint agreement with the King County Community Development Block Grant (CDBG) Consortium, the City must annually"--siect to receive a pass-through of CDBG funds. The form (Attachment.1) indicates the City'sãesire to receive a CDBG pass-through for 2002. The form must be reviewed by the City Council, signed by the Mayor, and submitted to the County prior to June 20, 2001. The County Consortium estimates the amount of CDBG funds that will be available to Consortium members for the next program year. This estimate is based upon the President's proposed 2002 budget. As budget deliberations continue at the federal level, the estimate may be adjusted. The final 2002 CDBG allocation for the Consortium will be set by the U.S. Department of Housing and Urban Development in mid-December 2001. CDBG in 2002 The City of Federal Way's share of the Consortium's estimated 2002 grant is $567,559. The estimate is broken down as follows: Planning and Administration Public (Human) Services Capital Projects Housing Repair Program Economic Development Set-aside Discretionary Capital Projects $71,220 $88,716 $120,000* $85,134** $202,489 $407,623 Total: $567,559 * Additional information on Housing Repair provided in Attachment 2 ** Represents 15% of $567,559 Additional funds available to the City may be added in July 2001. These are recaptured or unspent funds from prior year CDBG projects and funds from CDBG projects that generate program income (repaid home repair loans and other county-wide loan programs funded with CDBG). Staff Recommendation Staff recommends accepting a pass-through of CDBG funds from King County for the year 2001 and earmarking $120,000 of capital funds for the Federal Way Home Repair Program. A-I prhsO6-1 2002 Planning and Administration -- Staff recommends accepting..Jhe $71,220 available for administration of the City's CDBG Program. The estimated amount of funds available for Planning and Administration in 2002 is 4% lower than the $74,187 available for 2001. Though the City is eligible to request additional Planning and Administration funding for 2002, staff does not recommend requesting additional funding at this time. Staff will have more information regarding the 2002 Planning and Administration costs in June, as we get closer to hiring a new CDBG Coordinator. At that time, staff will present the 2002 Planning and Administration budget to the Commission during the deliberations process, and may recommend additional funds for Planning and Administration as part of the contingency plan, if additional funds become available for 2002. Commission Recommendation At their May 21, 2001 meeting, the Human Services Commission discussed the 2002 CDBG Pass-Through estimated amount available, the process for acceptance of the funds, and the revised estimates, which will include recaptured funds from canceled projects and be available in July. The Commission also discussed the staff recommendati~(or the Home Repair Program and how the Federal Way program compares with other cities. Finally, the Commission discussed the estimated amount available for Planning and Administration and how that compares to the amount available for 2001. The Human Services Commission voted unanimously to recommend to the Council accepting a pass-through of CDBG funds from King County for the year 2001 and earmarking $120,000 of capital funds for the Federal Way Home Repair Program. Committee Recommendation Options Option 1 - Move to accept the Commission's recommendation to accept a pass-through of CDBG funds from King County for the year 2002 - earmarking $120,000 of capital funds for the Federal Way Home Repair Program. Forward to the full City Council for consideration at the June 19, 2001 meeting. Option 2 - Move to accept a pass-through of CDBG funds from King County for the year 2002, earmarking an amount for the Federal Way Home Repair Prograri'J:as recommended by the Committee. Forward to the full City Council for consideration at the June 19, 2001 meeting. ApPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member A-2 prhsO6-1 Attachment 1 THE CITY OF FEDERAL WAY QUALIFIES FOR AN ESTIMATED $567,559 IN 2002 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY 1,2002. Please check one: x Our City does not elect to receive and administer the above estimated pass-through. Our City elects to receive and administer the above estimated pass-through with the conditions outlined in the 2000-2002 Community Development Block Grant Interlocal Cooperation Agreement. Among other responsibilities, we recognize that in accepting a pass-through we are accepting the responsibility of allocating the pass-through funds in accordance with the Consortium's schedule for submission to the U.S. Department of Housing and Urban Development. x Cities which accept the pass-through should check the following if applicable: x x Our City would like to allocate a portion of our funds for public (human) service activities. Our City would like to allocate a portion of our funds for planning and administration activities. Our City is eligible to request the use of additional planning and administration ceiling. We request the use of any unreserved Pass-through Cities' ceiling, if available. Per Consortium Guidelines, when a Pass-through City reserves its planning and administration ceiling in the Spring, it has the ability to request to use additional ceiling to cover administrative costs. Such requests will have priority over requests to use additional ceiling for planning projects and will be granted only to cities that: a) run a competitive application process, and b) participate in Consortium-wide planning activities. We would like to request additional funds for the following: Our City would like to contribute a portion of our capital funds to the King County Housing Repair Program so that our residents may participate. We understand that 15% of the total amount allocated will be used for program delivery costs. The following lists our distribution of CDBG funds for 2002: (List amounts below). Public Planning & Additional Housing Capital Total Funds Services Admin P&A Repair Projects Available Requested $88,716 $71,220 $ ------ $120,000 $287,623 $567,559 Signature of Mayor or Authorized Person Date Please attach a copy of the City Council's authorization of the above and return to HCD by June 20, 2001. A-] Attachment 2 Federal Way Home Repair Program Background Through its membership in the King County Community Development Block Grant (CDBG) Consortium, the City has the opportunity to access the Consortium-wide housing repair programs. The City has offered a home repair program since 1991, and has taken part in the King County Consortium program since 1995. Each year as part of the pass-through acceptance process, the City earmarks a portion of its CDBG allocation for home repairs. As the Home Repair Program is a program of the Consortium, they do not apply for Consortium funds. Access to the program is considered a benefit of Consortium membership. -- '. By participating, Federal Way residents are able to obtain: _1, (1 ) Emergency Grants and Deferred Payment Housing Repair Loans This program provides both emergency grants of up to $3,000 ($5,000 for mobile homes) and deferred payment, zero-interest loans of up to $20,000 to low- and moderate-income homeowners. Priority is given to low-income homeowners, and to critical repair needs necessary to protect health and safety. (2) Affordable Monthly Payment Loans (AMPL) This program combines funds from private lenders with no-interest CDBG funds in order to provide housing repair loans that are affordable to moderate-income homeowners. The maximum loan is $40,000; the minimum is $3,500. Most home repairs are eligible. 2002 Recommendation The recommendation to earmark $120,000 for this program is based on an analysis of the program's expenditures over the past five years. Demand for this program has been steady, with 20-25 Federal Way households served each year. Last year, requests for the program increased due in part to City staffs efforts to increase the visibility of the program. In October 2000, the Human Services and Building Divisions partnered to organize a clean-up campaign in the Lake Grove neighborhood. As part of this campaign, the City mailed Home Repair brochures to every home in the neighborhood. Six homeowners sought further information and five of those houses are now being repaired. City staff plan on doing at least one targeted mailing regarding the neighborhood each year to make sure potential eligible households are aware of the program. Currently, there are eighteen applications pending for projects in Federal Way, with an estimate amount of $80,000 requested. Home Repair in other Cities In response to Human Services Commission questions about home repair programs, staff have collected information on programs offered by neighboring cities. This information is provided in the following chart. A-4 fwhrpO2 South King County Housing Repair Programs, 2000 Program Program Total Admin % HH's 2000 Per Capita Type Administrator Funding Costs Admin served Population Investment 15% 20-25 83,259 $1.44 Auburn Major King County Housing $169,493 $31,055 18% 40 42,045 $4.00 Authority Kent Major & Minor City of Kent 11% 20 76 79.524 >- I V1 Renton Ma'or 21 50,051 $4.15 Minor 10 *Funded with CDBG and city general funds. K:\CD Human Services\CDBG\KC stuff\Home Repair Prog\OthercitiesHRP.doc I I Item 5.B FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLICSí\FETY COMMITTEE From: June 11, 200l David M~ Manager , Sandra Warter, Municipal Court AdministratorÇy",,- ~.,¡ Date: Via: Item: Ordinance Amending Federal Way City Code, Municipal Court, Chapter 2, Article X, Section 2-311(e) Backeround: Under Title 3.50 RCW, the City Council authorized the formation of the Municipal Court by ordinance in 1999. The Municipal Court Ordinance, codified in Chapter 2, Article X, provides for judges pro-tempore. A judge pro-tem is necessary to preside over hearings in the absence of the judge or when temporary spikes in caseload require another judicial officer. In accordance with RCW 3.50.090 only the City Manager was authorized to appoint pro-tem judges. During the 2000 session, the State Legislature amended RCW 3.50.090 to give only the municipal judges the authority to appoint judges pro-tempore. It has been necessary for Federal Way's Municipal Judge to appoint judges pro-tem under the amended State law. The proposed amendment to Chapter 2, Article X, Section 2-311(e) of the Federal Way City Code ,reflects current state law and ratifies appointments made by the Municipal Judge to date. Committee Recommendation: Motion to approve and adopt this ordinance amending Federal Way City Code Chapter 2, Article X, Section 2-311(e) and ratifying prior appointments for judges pro-tem; and forward it to the full City Council for consideration at its July 3 meeting. APPROV AL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member B-1 ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE RELATING TO APPOINTMENT OF JUDGES PRO TEMPORE (AMENDING ORDINANCE NO. 99-339). WHEREAS, Chapter Two, Article X, Section 2-311 of the Federal Way city Code provides, in accordance with state law, for appointment by the City Manager of Judges Pro Tempore (Judges Pro Tem); and WHEREAS, the State Legislature, during the 2000 Legislative Session, amended RCW 3.50.090 to require that Judges Pro Tem be appointed by the presiding Municipal Court Judge instead of the City Manager; and WHEREAS, the aforesaid legislative action further requires Judges Pro Tem to subscribe and file an oath in the form taken by the duly appointed Municipal Court Judge; and WHEREAS, the City Council finds it appropriate to confirm and ratify appointment by the Municipal Court Judge of Judges Pro Tem from June 8, 2000 until the effective date of this Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-311 of the City of Federal Way Administration Code Chapter is amended as follows: 2- 311 Municipal judge. (a) Appointment. Within 30 days after the effective date of the ordinance codified in this article, the city manager shall appoint a municipal judge, who shall commence work on or about December 15, 1999, and who shall work less than a full-time equivalent as , PAGE 1 ORD# B-2 defined in RCW 3.50.055 as it now exists or may hereafter be amended. Pursuant to RCW 35A.13.080, this appointment is subject to confirmation by the city council. (b) Term. The municipal court judge shall serve a tenn of two years, with the initial appointment of the judge under this chapter expiring December 31, 2001. On or before December 1,2001, the city manager shall make an appointment ofajudge for a tern1 commencing January 1, 2002, and expiring December 31, 2005; provided, that the judicial position continues as a less than full-time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Appointments, if appropriate, for each term thereafter shall be made on or before December 1 st of the year next preceding the year in which the judicial tern1 commences. In the event that the judicial position becomes a full-time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended, an election shall be conducted the year preceding the expiration o~he appointed term. (c) Judicial qualifications. At the time of the appointment or election, the person appointed or elected shall be qualified for the position of municipal judge under city rules as the city council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040 and 3.50.050. (d) Additional Judges. Additional full- or part-time municipal judge positions will be filled in accordance with RCW 3.50.055 as it now exists or may hereafter be amended, when in the judgment of the city manager and/or the city council, as applicable, the public interest and the administration of justice makes such additional judge or judges necessary. (e) Judges pro tem. The city managermunicipal court judge shall, in writing, appoint judges pro tem who shall aet-serve in absence, disability, or disqualification of the regular judge of the municipal court, subsequent to the filing of an affidavit of prejudice, or when the administration ofiustice and the accomplishment of the work of the court make it necessary. A pro temjudge's term of appointment shall also be specified in writing",ffiH in any event shall not extend beyond the city manager's tennination of employment. The judges pro tern shall receive such compensation as shall-- is received, on an hourly basis, by the municipal judge, or as otherwise fixed by resolution or be fixed by the ordinances of the city. The judges pro tem shall meet the qualifications required for the position of judge of the municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as that of the duly appointed municipal judge, and thereafter shall have all of the powers of the appointed municipal judge. When deemed necessary~ ey-the municipal court iudge-cit-y mar:.ager or designee, the city manager or designee may make a temporary appointment of a judge pro tem, to preserve an individual's rights according to law, or to respond to emergency circumstances, effective for up to one week. Such temporary appointment shall be the :.ame as other appointments of judges pro tem, except that the appointment and the term thereof do not need to be in '.vriting and the oath of office may be orally s\vorn to or affirmed before the court administrator or court clerk. ORD# , PAGE 2 B-3 (f) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge shall be filled by the city manager, for the remainder of the unexpired term. The appointment shall be subject to the confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section. (g) Removal. During the term of his or her appointment or election, a municipal court judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office; provided, that a municipal court judge is also subject to disciplinary actions by the commission on judicial conduct and the Supreme Court, as described in Chapter 2.64 RCW. (h) Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of the City of Federal Way, according to the best of my ability." The oath shall be filed in the office of the King County auditor and with the Federal Way city clerk. (i) Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful performance of the judge's duties as may be required by law or city ordinance. (j) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city council by ordinance. Other terms of employment shall be set by a personal services agreement which may be executed by the city and the appointed judge. (Ord. No. 99-339, § 1,3-16-99) Section 2. As a non-codified Section ofthis Ordinance, it is hereby declared as follows: Ail prior appointments of Judges Pro Tempore by the City Manager, and all prior appointments of Judges Pro Tempore from June 8, 2000 to the effective date of this Ordinance, and all judicial actions of such Judges Pro Tempore are hereby ratified and confirmed. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordin?nce 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 ORD# , PAGE 3 B-4 circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affim1ed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. Section 6. 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 June, 2001. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK ORD# , PAGE 4 B-S FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. k:ordin:chapter 2-311 pro tern judge OS/29/01 ,PAGES ORD# B-6 Item 5.C FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: June 11,2001 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Thomas J. Chaney, Sf., Interim Chief of Police Via: David Moseley, City Manager Subject: Informational Only - Boeing Employee Credit Union Donation Information Only: On Aprill8, 2001, the Department of Public Safety received a donation fTom the Boeing Employee Credit Union (BECU). The Director of Security Risk, Gregg Kats, presented us with a generous gift of$2,000.00. After discussing several areas of need, it was decided the maximum benefit to the Community and Department would be to equip the Bike Patrol Unit in preparation of the summer and fall seasons when more citizens are using the downtown business area and City parks. BECU has granted us authorization to purchase bicycles and bike equipment. C-l Inc;11"dCl1i"~Cl1d,,/()(,11 () IldcCll\è~dol1"11l111 doc Item S.D FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: June 11,2001 From: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatr~ck, Chief of Police 0 E J:- . David Mos~\ager The 2001 Bulletproof Vest Partner:;hip Grant To: Via: Subject: Background: In 1999 and 2000, the Department of Public Safety was awarded $10,692.66 and $10,902.20, respectively, from the Office of Justice Programs (OJP) to fund 50% of the cost of bulletproof vests. Once again, I am pleased to announce that we have been granted an award of $11,799.56 for the 2001 Bulletproof Vest Partnership Grant Program. Previous compliance will remain the same as required by OJP including the local match of 50%. It is our intent to offset this local match with savings yet to be identified from our budget. In 1999, we purchased Threat Level III vests from Protective Apparel Corporation of America (P ACA). This purchase provided half of the Department's vest replacements with the intent to purchase the remaining vests in 2000. During the year, it became apparent that the P ACA vests were not appropriate for our needs. The fit was inadequate and P ACA did not make a female vest. Consequently, the female officers had a choice to wear their existing vest or wear the P ACA men's fitted vests. The Department has identified a second manufacturer, Second Chance Body Armor. They provide a more favorable vest with a higher threat level, as well as a female fitted vest. The Pierce County Sheriff s Office, by means of a bid process, have already negotiated a contract with Second Chance Body Armor. The City of Federal Way currently maintains an interlocal agreement with Pierce County. For that reason, our intent is to piggyback Pierce County's bulletproof vest contract. The Department is requesting approval to accept the 2001 Bulletproof Vest Partnership Grant for $11,799.56 including authorization to purchase. Funding for the vest will be a 50% split between the federal award and Department savings. Approximate cost is $23,599.12. Committee Recommendation: Motion to approve and accept this request to accept the 2001 Bulletproof Vest award in the amount of$ll ,799.56 including authorization to purchase the vests at an estimated cost of$23,599.12 using the federal award and Department savings ($11,799.56). Please forward to full Council for consideration at its July 03,2001 meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member D-l i/lc/agcnda/ps/OÓ 11 0 I /blll ktproo r n;sts 2001 Item S.E FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY Date: June 11,2001 From: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of Police 0. Z..jé . David M+anager First Amendment to the Yakima County Jail Interlocal Agreement To: Via: Subject: Background: Effective December 12, 2000, the Department of Public Safety entered into an lnterlocal Agreement with Yakima County for a cooperative effort to provide the Federal Way Department of Public Safety with cost-effective housing of in-mates in the Yakima County Jail. Yakima County agreed to perform one (1) transport per week from both the King County Correctional Facility and the Regional Justice Center, and accept and house City inmates for compensation per day per inmate at a rate of $48.00 to $51.00. The parties agreed that Yakima County would not charge a separate booking fee. This Agreement also outlined other specific concerns relevant to mutual expectations and responsibilities and expires December 31, 2002. The Department is requesting authorization to amend two (2) sections in this lnterlocal Agreement. 1) Compensation (Rates), Section 5(a) - Shall be amended effective March 1,2001 through December 31, 2001 to read as follows: 2001 Daily Rates Inmates As agreed up to 5 6 - 25 26 - 45 46 - 85 86+ Daily Rate $50 $49 $48 $47 $46 2) Removal from the Jail, Section 13 - The following clause is added to the beginning of this Section 13 and shall be amended effective March 1,2001 through December 31, 2001 to read as follows: "Except for eligible inmates for correctional work details and under the direct supervision of a corrections officer.. ." Committee Recommendation: Motion to approve and accept this request for amendment between the City of Federal Way and Yakima County for the housing of inmates. Please forward to full Council for consideration at its July 3, 2001 meeting. APPROV AL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member E-l i/lcamdcn/lagcnda/ps/()(¡ 11 () III "al11cndyaknlla)aiLdoc , . " ~_. .:.,.-,.~ --:' v-- -..........-' ~ PROFESSIONAL SERVICES CONTRACT CITY OF FEDERAl WAYIYAKlMA COUNTY/AMENDMENT This CONTRACT AMENDMENT is made and entered into between the City of Federal Way, a municipal corporation, with its principal offices at 33530 1 at Way South, Federal Way, WA 98003. hereinafter referred to as the CITY, and YAKIMA COUNTY, located at 128 N. Second Street, Yakima, WA 98901, hereinafter CONTRACTOR: In consideration of the mutual benefIts and covenants contained herein, the parties agree that their Contract executed on shalt be amended as follows: 1. Section 5(a): COMPENSATION (RATES) shall be amended effective March 1, 2001 through December 31,2001 to read as follows: Daily Rate $50 $49 $48 $47 $46 2. Section 13: REMOVAL FROM THE JAIL sbalJ be amended effective March 1, 2001 through December 31,2001 to read as follows. The following clause is added to the beginning oftbis section 13: "Except for eligible inmates for correctional work details and under the direct supervision of a corrections officer... " CONTRACT AMENDMENT Page 1 E-2 OS/24/01 16:51 FAX 253 661 4189 Clt:y of Fed Way ~UU4 L. ; --;.., -,-' - --;-.:: . ----' ',~J 3. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract remain in full force and effect Executed this day of Yakima County, Washington: By KENNETH A... RAY DIRECTOR OF CORRECTIONS (Authorized by resolution - -2001) APPROVED AS TO FORM: RONALD So ZJRKLE Chief Deputy Prosecuting Attorney city of Federal Way, Washington: David H. Moseley, City Manager Approved as to Form: Interim City Attorney Bob C. Sterbank Attest: City Clerk N. Christine Green, CMC CONTRACT AMENDMENT Page 2 E-3 Item S.F CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: June 4,2001 To: From: Parks, Recreation, Human Services & Public Safety Committee David M+anagCr Mary Faber, Recreation Superintendent Via: Subject: Skateboard Park 2% for the Art - Update The Arts Commission is presently working through the selection process for the Skateboard Park 2% for Art Project. Included with the packet is a copy of the Artist Prospectus. The Commission will attend the meeting to update the Council about the project. F-l Call For Artists .n Of' =. . ED~ ~~AY Ska te Park Project City of Federal Way Arts Commission 2% for Art Program The City of Federal Way will construct 9,600 square foot Skate Park at Steel Lake Park Annex in Federal Way. The skate park design incorporates ideas generated from public involvement. The Skate Park is a remodel of an existing soccer field located within the complex. Steel Lake Park Annex is a developed complex featuring softball-fields a small building used for recreation programs and visitor amenities such as restrooms, picnic tables and parking. The Skate Park will be located at a highly visible corner of the park just inside the intersection of two highly traveled roads. The Skate Park will serve as a gathering place for youth in the community. The Federal Way Arts Commission manages the 2% for Art Program. Artists Scope of Work The Arts Commission is seeking an artist who can develop an integrated artwork theme for the project that reflects the values and interests of the youth population using the park amenities. The artist will work with members of the design and construction team to develop work(s) that may be integrated into construction and landscape elements of the project. Selection Process An artwork Panel consisting of an Arts Commissioner, professional artists, community members will review the applicants and select three to five finalists based on the following criteria: . Artistic quality presented in visual documentation of past work Previous experience relevant to the scope of the project, especially background in designing in an outdoor setting Approach to the project which dernonstrates an ability to reflect the values and interests of youth Good communication skills and a desire and interest in working collaboratively with members of the design and construction team Availability-the artist must be available to begin working with the project during pre-construction and construction - Fall of 2001. . . . . F-2 . Durability, vandal resistance and safety and structural standards met The members of the Art Panel will interview all finalists. Finalist interviews are scheduled for July 9 from 8:30 a.m.-1O:30 a.m. The Federal Way Arts Commission and City Council will review the recommendation of the Art Panel and make the final approval. Budget The art budget for the project is $15,840. The art budget includes all costs associated with the implernentation of the project including artist's fee, outside consultant fees such as structural engineering, licenses, insurance, materials, fabrication, taxes, transportation and installation. Application Materials Applications must be received or postmarked by June 27, 2001. Please submit the following materials: . Current resurne . Letter of interest (¡ -2 pages) including any preliminary concepts for the project, what interests the artist about the project and past experience relevant to the project. . Five to eight slides for previous work. Slides must be labeled with the artist's name, numbered according to an annotated slide list with and indication of the top of the slide. . Completed Slide List Form Timeline Deadline for Entries Finalists Interviews Contract Development Design Concepts Approved Fabrication Completion Deadline June 27, 2001 July 9,2001 August, 2001 October, 2001 October, November, 2001 December, 2001 Mail or deliver materials to: City of Federal Way Arts Commission P.O. Box 9718 Federal Way, W A 98063-9718 For additional information please contact: Mary Faber, Recreation and Cultural Services Superintendent at (253) 661-4047; maryf@fedway.org. k: artscom/p ubart/ ska tepar kp ros pect F-) Item 5.G PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: June 1,2001 TO. PRIISPS Council Committee fROM Kurt Rcuter, Acting Director O,v;d MO~,ge< AMENDING ARTICLE III TO CHAPTER 11, FEDERAL WAY CITY CODE, PARK REGULATIONS (Amending Ordinance 91-82,) VIA: SUBJECT: BACKGROUND The Federal Way City Code Chapter II, Article III, Ordinance 91-821J'é'iiains to regulations that govern use of Federal Way City Parks. The last amendment to park regulations occurred some years ago. The addition of Celebration Park and the development of the Skate Park generate the need to update Park regulations. Proposed new language is shown as underlined text and that being deleted is shown as "strikeout" text. A draft of the entire Ordinance Amendment is attached for your review. The particular sections of Park Regulations being requested for change are listed below. Sec. 11-55. Sec. 11-57. Sec. 11-60. Sec. 11-61. Sec. 11 -69. Sec. 11-70. Sec. 11-75. Sec. 11-80. Sec. 11-86. Expulsion from parks Agreements for use of park. Pets on city park facilities. Molesting or feeding animals, Disorderly conduct. Unlawful public exposure. Games and sports. Peddlers - Use of loud speakers. Skateboarding, bicycling, and skating. ST AFF RECOMMENDATION Staff recommends the committee to move for full council approval, the ordinance, amending Ordinance No. 9l-82 as referenced above. COMMITTEE RECOMMENDA nON Motion to forward the proposed ordinance, amending Ordinance No. 91-82, of Article II to Chapter II of the Parks Regulations, to the full City Council, with a "do pass" recommendation. APPROV AL BY COMMITTEE: Committcc Chair Committcc Mcmbcr Committee Member G-I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE III TO CHAPTER 11 OF THE FEDERAL WAY CITY CODE, PARK REGULATIONS (Amending Ordinance No. 91-82,) WHEREAS, the City of Federal Way is a non-charter code under the laws of the State of Washington and has such as the power to enact ordinance for the protection of the public health, safety and general welfare and for other purposes, and WHEREAS, in 1991 the City Council of Federal Way established a park system, as codified in Chapter 11 ofthe Federal Way City Code; and WHEREAS, the use of the City's parks and the expansion of types of usage continues to rise; and WHEREAS, the City Council finds that it is in the best interest of the citizens to amend Chapter 11 of the Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDREAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article III, Section 11-51 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: 11-51 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: G-2 Director shall mean the city director of parks and recreation or a designated employee of the parks department. Park shall mean and include all public parks, public squares, golf courses, bathing beaches and play and recreation grounds within the city limits, regardless of ownership and includes all city ballficlds sports fields and city leased or rented school or private property when the same are being used for recreation. (Ord. No. 91-82, § l(l)(B), 1-8-91) Section 2. Article III, Section 11-55 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: 11-55 Expulsion from parks. (a) In addition to another penalty imposed pursuant to this article, the director may order the expulsion of any person from any park for a period of one to seven days ifhe or she observes such person: (1) Using abusive or disruptive language or engaging in conduct which disrupts a park facility or program. (2) Directing racially racial, ethnic or otherwise offensive remarks at another person. (3) Using tobacco products in an unauthorized area or facility. (4) Causing injury or risk of injury to another person or persons. (5) Causing damage or risk of damage to city property. (6) Violating any provision of this article. (b) The director may order the expulsion of any persons from any park for a period of seven days to one year if such person: (1) Has been expelled from the park two or more times in any 30- day period. (2) Caused injury to another person. (3) Sells, possesses or uses illegal drugs or alcohol. (4) Possesses or uses any weapon. (5) Commits more than one violation of this article in any 30 day twelve consecutive month period. (c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known address. (d) Any person who enters a park during a period during which he or she has been expelled under subsection (a) or (b) of this section is guilty of violating this article. (Ord. No. 91-82, § l(l)(E), 1-8-91) G-) - Section 3. Article III, Section 11-57 Chapter ll, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: ll-57 Agreements for use of park. The city council may from time to time authorize the director of parks and recreation to enter into an agreement or agreements on behalf of the city, the agreements not to exceed one year in duration, with any nonprofit group, organization or association to provide for the use of park ball fields or other similar facilities for organized or league sports, by such nonprofit group, organization or association. Such agreements shall specify the conditions under which such group, organization or association may use ball fields or facilities in organized or league activities and in connection therewith may include special provisions and regulations by which such nonprofit group, organization or association may post sigl'::::t~advertising league sponsors 'or supporters, may use loudspeakers in connection with and during league activities, may sell refreshments or operate concession stands in connection with and during league activities, and may add fill matcrial to ballfields for usc in wet 'vveatherperform field maintenance activities. Such agreements may authorize such nonprofit group, organization or association to charge reasonable admission fees to league games or activities. Nothing in this article shall be construed to prevent any such agreement or agreements. (Ord. No. 91-82, § l(l)(G), 1-8-91) Section 4. Article III, Section 11-51 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: 11-60 Pets on city park facilities. (a) Dogs, pets or domestic animals are not permitted on any designated swimming beach, picnic area or play areas in any park or in any park building unless specifically permitted by posting, provided this section shall not apply to seeing-eye dogs. (b) In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater than eight feet in length, and under control at all times. (c) Any person whose dog or other pet is in any park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the park area:- The person with the dog or other pet must have in their possession the equipment required for feces removal. (d) The Director is authorized to approve dogs off leash for dog training programs or special event~.__{Ord. No. 91-82, § 1(2)(B), 1-8-91) Section 5. Article III, Section 11-51 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: G-4 11-61 Capturing,_Molesting or feeding animals. It is unlawful in any manner to capture, purposely tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or article of any kind at or strike with any stick or weapon any animal, bird, fowl or fish within a park, or to feed any fowl, fish or animal within any park. (a) The use of any trapping device as defined in RCW 77.15.190 or ßç~W]ZJj_,L9l-,-_QLhçxcalleLQlJJç:ll<ied, within any City park is prohibited. The act of capturing an animal, by other lawful means is prohibited. It is provided, however, this section shall not apply to authorized pest abatement actions of City personnel or its contractors for the purpose of public health and safety. (Ord. No. 91-82, § 1(2)(C), 1-8-91) ~ Section 6. Article III, Section 11-69 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: 11-69 Disorderly conduct. A person is guilty of disorderly conduct in a park ifhe or she: (1) Uses abusive language and thereby intentionally creates a risk of assault; (2) Intentionally disrupts any lawful assembly or meeting of persons without authority; (3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; (4) Intentionally and without lawful authority makes noise which unreasonably disturbs others; (5) Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder or endanger the safety of others; or (6) Challenges another person to fight, or fights by agreement, except as part of an organized athletic event. (7) Fails to leave a park when directed to do by a City of Federal Way Parks employee or a police officer. (Ord. No. 91-82, § 1(9)(A), 1-8-91) Section 7. Article III, Section 11-70 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: 11- 70 Unlawful public exposure. (a) It is unlawful for any person to intentionally commit any act constituting unlawful public exposure of his or her person or the person of another. Unlawful public exposure is a misdemeanor, unless such person exposes G-S himself or herself to a person under the age of 14 years, in which the offense is a gross misdemeanor. (b) For the purposes of this section, the phrase "unlawful public exposure" means: (1) A public exposure of any portion of the human anus or genitals; (2) A public exposure of any portion of the female breast lower than the upper edge of the areola; (3) A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; et' (4) A public exposure consisting of masturbation, or of urination or defecation in a place other than a restroom. (5) A public urination or defecation iff a place other than a restroom. (Ord. No. 91-82, § 1(9)(B), 1-8-91) Section 8. Article III, Section 11-51 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: 11- 75 Games and sports. It is unlawful to practice or play-golf, baseball, softball, football, archery, hockey, tennis, badminton or other games oflike character or to hurl or propel any airborne or other missile object in such a manner as to interfere with or put at risk other park users. (ant is unlawful to practice or play golf or archery in any City park, unless authorized by the Director. (Ord. No. 91-82, § 1(13), 1-8-91) Section 9. Article III, Section 11-80 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: 11-80 Peddlers - Use of loudspeakers. It is unlawful to bc in any park or to act as a pcddlcr, or to opcratc or use any loudspcakcr in any park without a written permit from the director. It is unlawful to perform the following activities in a park without a written permit or, concession contract or a special events contract by the City. Úl 'Operate or use any loudspeaker in a park, (b) Operating a fixed or mobile concession traveling exhibition (c)Soliciting, selling, offering for sale, peddling or vending any goods or services G-6 (d) Advertising any goods or services (Ord. No. 91-82, § 1 (18), 1-8-91 ) Section 10. Article III, Section 11-86 Chapter 11, Park Regulations of the Federal Way City Code is hereby amended to provide as follows: . ll-86 Skateboarding, bicycling, coasters, ftftdin-line skates and roller skating. No person shall ride, drive, or operate any bicycle, coasters, skates or skateboard in any area within any park where such activity is prohibited by means of posted notice. The park director is authorized to place the appropriate notice or notices at such times, and/or with such areas, of any park which shall make it unlawful to ride, drive or operate any bicycle, skates or skateboard within such designated areas, according to the posted notice. 1) Use of skateboards, coasters, in-line skates and roller-skating may be allowed in a designated skate facility. (a) No skateboards, coasters, in-line skates and roller skates shall be ridden in a negligent manner but shall be operated with reasonable regard for the safety of the operator and other persons. -:F (b)Bicycles and BMX bikes are not permitted in the Q~J;jglFltcd skate facility. (c) Additional ramps, jumps or other elements may not be brought into any park or any designated skate facility. (d) No formal contests of any kind shall be held without prior written approval of the Director. (e) An adult must accompany skaters under the age of 8 years. (D Use of skate park facility is voluntary, users assume risks and dangers associated and incidental to the skate facility. (Ord. No. 91-82, § 1(24), 1-8-91) Section 11. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 12. 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. G-7 PASSED by the City Council of the City of Federal Way this _day of June, 2001. CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD# , PAGE - G-8