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PRHSPSC PKT 11-22-1999 (Ij¡r-I".S I City of Federal Way CITY COUNCIL PARKS, RECREATION,H~MANSERVICES & PUBLIC SAFETY COMMITTEE Monday, November 22, 1999 12:00 p.m. i 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. I Committee Chair Jack Dovey called tHe meeting to order at 5:32 p.m. I 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. I 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 , 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 .:" I :1 -). 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. ! . i:' 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 Â;.;,.. 'r:: ,~' 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 $3,237,500. Mr. Dovey requested the three year capital improv::ment be changed to five years. Mr. Dovey moved the proposal be discussed at the budget meeting with no committee recommendation, and directed staff to review the cost to maintain and operate the facility, review costs of proposed capital improvements and how the property could be scheduled/used by the community. NEXT MEETING November 22, 1999 at noon. ADJOURNMENT The meeting adjourned at 6:50 p.m. Ii '-'-i.li/;;" !t~lJ Ll.\J.. 1'..~A ¿¡)J(¡(¡14;:¡~;:¡ 11/17/99 10:44 FAX 253 661 4189 , Fed \\a~! Police City of Fed Way ~OO2 ~O02 " Item 5A CITY OF FEDERAL WAY . . CITY COUNCIL fARKSIRECREATIONIHUMAN SERVICES! . PUJLIC SAn;TY COMMI'ITEE NoV'ember 22, 1999 Meeting I Date: November 17,1999 \\tI'I ò.~ 1)}\1)~~ From: Brian Wilson, Deputy Chief of Police Subject: Interlocal AgreeD1-ent Between the City of Des Moines and the City of FederaJ Way for Access Services Performance and Processing I \ I i This proposed Interlocal Agreem~nt will enable the Federal Way Department of Public Safety to provide 24 hour ACCESS service$ 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. ~ . , ;; OJ ItJ.JU 1.1.; UJ "l~A ,<;JJUU1.,*JOJ 10:44 FAX 253 661 4189 Fed Way Police Cl ty of Fed Way .~O9..L. 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 . I 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 I . WHEREAS, Des Moines maintains an ACCESS computer system within the State of Washington, to provide Access Services for its municipal jurisdiction, and I 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. I (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. I (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, I 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 I 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 $500 fine for a second offense. Many of the surrounding jurisdictions impose similar penalties for this crime. Therefore, criminals in the City of Federal Way receive a lesser penalty for the same crime committed in Kent. In the interests of public health, safety and welfare, the City of Federal Way staff recommends that FWCC 6-88 be amended as . currently worded to reflect the mandatory penalties under RCW 69.50.425, copy attached. Committee Recommendation. Motion to approve the Amendment to Ordinance No. 91-89, § 1(9.14.020),3-5-91, and forward to full Council. ': ";.":.r"">'^':.",~,,:1.,,',,,,, ".- ~<P~R(j)'¥.~'OF COMMITTEE REPORT:'~:~~"" .: :,;::;:\~"¡.',':,:;.::¥:( "', ,.;v' ,~~~~,:.;:,.'"Ji~'",~, .;;.. ,"'" çOOí.~i~(êcChair Committee Member Committee Member K:\FORMS\COVERCCP K:\CRIMINAL \AMEND\CRCO D E. co V OJmINANcE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,lwASHÍNGTON, REPEALING FEDERAL WAY CRIMINAL CODE 6-37 AND ADOPTING BY REFERENCE RCW 66.44.270 FURNISHING LIQUOR TO MINORS-POSSESSION, USE-PENAL TIES-EXlßBITION OF EFFECTS-EXCEPTIONS. I - ..... WHEREAS, the City of Federal currently criminalizes furnishing, providing and i . possession of liquor by individuals 'under the age of 21, and WHEREAS, the provisions the city code no longer satisfactorily accomplish this end I due to the Washington State Supre$e Court ruling in State v. Hornaday, 105 Wash.2d 120 (1986), I and WHEREAS, the statt legislature has amended RCW 66.44.270to properly reflect the Washington State Supreme Court rilling in Hornaday; NOW, THEREFORE, I THE CITY COUN~IL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: i Section 1. Repeal. <Drd. No. 91-89, § 1(9.04.020),3-5-91, Federal Way Criminal I Code Section 6-37 is hereby repeal1d: Section 6 37. Furnishing liquor tø persons underage; possession; use. I (a) It is unlavvwl for anyoqc undcr thc age of 21 years to acquire or hao/c in his or her I I 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# , ~ AGE I 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