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PRHSPSC PKT 10-09-2007 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Tuesday, October 9, 2007 5:15 p.m. City Hall Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF SEPTEMBER 11,2007 SUMMARY 5. COMMITTEE BUSINESS A. 2007-2008 Diversity Commission Business Plan B. Authorization to Advertise for Bids For Remote Lighting Control System for Sports Fields C. Maintenance and Labor Agreement for Emergency Equipment Installation and Repair D. Amendment to the Civil Service Ordinance E. Cingular Wireless Site Lease Renewal- Saghalie Park F. Cingular Wireless Site Lease Renewal- Sacajawea G. Proposed Ordinance to Prohibit Minors' Possession of Certain Graffiti Tools and Refine the Definition of Graffiti Tools H. Juvenile Curfew 6. PENDING ITEMS . Park Impact Fees . Sheltering Programs and Services Action Action Deborah Little Tim Dickinson Action Action Action Action Jason Wilson Wilson Richardson Richardson Action Information Richardson Richardson 7. NEXT MEETING - November 13, 2007 5: 15pm - Hylebos Conference Room 8. ADJOURNMENT 2007 Committee Members: Council Member Jeanne Burbidge, Chair Deputy Mayor Jim Ferrell Council Member Linda Kachmar Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant II 253-835-6901 City of Federal Way City Council P ARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 11, 2007 5: 15 p.m. SUMMARY In attendance: Council Conunittee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member Linda Kochmar; Neal Beets, City Manager, Iwen Wang, Assistant City Manager, Jenni Snell, City Attorney, Chief Brian Wilson, Donna Hanson, Director PRCS, B Sanders, Park Planner, Steve Ikerd, Parks and Facilities Manager, Mary Jaenicke, Administrative Assistant II. Guests: Peggy LaPorte, and Gwen Fenbert, Arts Conunission, Marie Sciaqua, Parks Commission, Joann Piquette, CFW Coalition of Performing Arts, H. David Kaplan Chair Burbidge called the meeting to order at 5:23p.m. PUBLIC COMMENT None COMMISSION COMMENT None APPROVAL OF SUMMARY Council member Kochmar moved to approve the August 14 meeting minutes as written, Deputy Mayor Ferrell seconded. Motion passed. BUSINESS ITEMS Federal Wav Securitv System - Award Bid for Intrusion Detection System Ms. Sanders provided the background information. Additional funds for a security system were requested in the carry forward budget. A budget of $ 160,000 was established for the security system for the Federal Way Community Center. A request for proposal was done. Three proposals were submitted, and none of them came in within budget. The decision was made to award only the Intrusion Detection System at this time. The proposal for the video monitoring will be redesigned, by reducing the number of cameras; this should reduce the price, and bring them within budget. Staff is recommending RFI Communications & Security Systems. The committee encouraged staff to bring this back to them if it feels like there is an increased need of additional monitoring or a full-time staff person that would monitor the facility. Council member Kochmar moved to approve option 1; Award the bid to RFI Communications & Security Systems. Mayor Ferrell seconded. Motion passed. 2007-PSE Conservation Grant Mr. Ikerd provided the background information. The City is working with three contractors to make HV AC improvements to City Hall. The HV AC redesign will allow two primary roof top units to shut down during the night, and not operate 24/7. Because of the projected reduction in energy usage, PSE will be giving us $59,084.00 in the form of a grant. Deputy Mayor Ferrell moved to forward the grant acceptance to full Council on September 18 for approval. Council member Kochmar seconded. Motion passed. Courtroom Pew Replacement Mr. Ikerd provided the background information. All three courtrooms have used pews. The pews in courtrooms one and two are falling apart. They are separating and creating a hazard. The Municipal Court received carry forward money to replace the pews. A request for quote was sent to three vendors. Sauder Manufacturing was the most responsive bidder. Council Member Kochmar moved to authorize the replacement of Courtroom pews and to award a contract to Sauder in the amount of $37,836.01 to provide and install replacement pews, and authorize the City Manager to execute. Deputy Mayor Ferrell seconded. Motion Passed. PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 11, 2007 Summary Page 2 Arts and Conference Center Feasibilitv Study Me Beets provided the background information. A grass roots group has been meeting for several months to discuss new performance space within the City of Federal Way. The Council has authorized up to $80,000 for consulting work to take a look at the feasibility of a new performance center. There was a three part focus: the feasibility of a new performance center, the future of the Knutzen Family Theatre, and the Dumas Bay Conference Centre. A request for proposal was sent out, and seven proposals were received. There were seven people on the interview panel. Four of the respondents were interviewed. Interviews were held at the Dumas Bay Centre. The interview process consisted of a presentation by the consulting firm, and then there was a structured interview. A rating matrix was developed for their materials, and their verbal presentations. The panel made a recommendation that two of the consulting firms should move forward. Those firms are Charles H. Johnson, President of Johnson Consulting, and John F. Stevens, CEO, ArtsMarket, Inc. They are going with two consultants in case one of them drops out, and it also will help when it comes time to negotiate a consulting agreement. Deputy Mayor Ferrell moved to forward the item to Council at their September 18th meeting to authorize the City Manager to enter into negotiation and execute the resulting agreement with either of the firms recommended. Council member Kochmar seconded. Motion passed. Proposed Ordinance to Prohibit the Furnishing: of Aerosol Paint Cans, Paint Sticks and Broad-Tipped Markers to Minors and Refine the Definition of Graffiti Tools Ms. Snell provided the background information. A substantial amount of people that have been caught by the police that are involved in graffiti are minors. This gives the police the power to take these items away from them. This also restricts the access of these items to minors. The Committee is concerned with the term broad tip marker. Chief Wilson stated that graffiti is done with both the broad tip marker and spray paint. Deputy Mayor Ferrell stated that there needs to be language in the Ordinance that would make it clear that we are not criminalizing the possession of markers. Council member Kochmar moved to table the proposed Ordinance for staff to revise, prohibiting minors possessing broad tipped markers only "under circumstances demonstrating an intent to commit graffiti". Return to committee on October 8, 2007 with modifications. Deputy Mayor Ferrell seconded, motion passed. Proposed Ordinance to Add a new Section to Chapter 1. Article III of the Federal Way City Code (FWCC) to Authorize Code Enforcement to Issue Civil Infractions for Code Violations Ms. Snell provided the background information. This civil infraction is intended solely as a code enforcement tool. This focuses on development regulations. The city currently has four tools for dealing with civil violations. This proposed Ordinance grants enforcement officers the authority to issue civil infractions for civil violations as an alternative to the four code enforcement tools currently in place. This is the most efficient way to deal with code violations. Compliance under civil infractions is quicker than Notice of Violation and Order to Correct. The burden of proof is challenging with misdemeanor violations. Deputy Mayor Ferrell is not clear how the criminality codes mesh with this Ordinance. After discussion, the committee recommended option 2. Deputy Mayor Ferrell moved to approve option 2, which is to suggest modifications to the proposed Ordinance and provide direction to staff. Council member Kochmar seconded, motion passed. This will be forwarded to the LUTC September 17,2007 meeting. Modification proposed: FWCC 1-25 to add subsection (d) "This section shall not preclude criminal prosecution under FWCC 1-13". The committee requested that Neal Beets provide an update on the existing state law, where fmes have been assessed, but not collected, and whether or not a lien could be put against the property. NEXT MEETING - October 9, 2007 5:15 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6:30p.m. COUNCIL MEETING DATE: October 16,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007-2008 Diversity CommissIOn Business Plan POLICY QUESTION: Should the City of Federal Way accept the Diversity Commission Business Plan? COMMITTEE: PRHSPS MEETING DATE: October 9,2007 CATEGORY: [g] Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other .~!!\.~.~...gJ::~2~!...~Y.:...f~:~g~.!~~~.I!:I.Il::l'l=~pyi S.l.,....I-Ill.l11arl...~.l::r:Yi(;.l::s...M..~l'l~gl::r .... DEPT: City Manager Attachments: · Memo to PRHSPS Council Committee dated September 17,2007. · 2007-2008 Diversity Commission Business Plan. Options Considered: I. Authorize the City Manager to approve the 2007-2008 Diversity Commission Business Plan. 2. Not authorize the City Manager to approve the 2007-2008 Diversity Commission Business Plan 3. To amend the proposed 2007-2008 Diversity Commission Business Plan. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: t!AKt. Committee Council Council COMMITTEE RECOMMENDATION: "I move approval of option _ with the authorization for the City Manager to enter into the appropriate contracts" Linda Kochmar, Chair Jeanne Burbidge, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move approval of option _ with the authorization for the City Manager to enter into the appropriate contracts" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDfI)EFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST readi ng Enactment reading ORDINANCE # RESOLUTION # 1\-\ CITY OF FEDERAL WAY CITY COUNCIL FINANCE, HUMAN SERVICES AND REGIONAL AFFAIRS COMMITTEE Date: From: Via: Subject: September 17, 2007 t~ Angelina Allen-Mpyisi, Human Services Manager Cary Roe, Assistant City Manager ~ 2007 -2008 Diversity Commission Business Plan BackQround Each year the Diversity Commission develops an annual Business Plan that directs their activities for the year. At the Commissions July 31 retreat, members developed their proposed 2007-2008 Business Plan. Primary activities of the Business Plan include, and are not limited to, the following: . Manage the Martin Luther King, Jr. event and the Senior High School Summit. . Conduct a book donation drive that will provide culturally diverse books to school libraries for the enrichment of young readers. . Conduct a book discussion group or a forum around a variety of topics that can enable the Federal Way community to come together and help enhance everyone's understanding of a diverse community. . Organize a "Bite of Federal Way" or a community event that features the food, traditions and entertainment of various cultural groups. . Promote public relation efforts through the following: 1) attending Council Committee and City Council meetings, 2) the use of various media forums (i.e. local/ethnic newspapers, Channel 21, City Update Newsletter, Commission Brochure) and 3) event attendance. A copy of the proposed 2007-2008 Business Plan is attached for your review. The Diversity Commission Chair will be at the Council Committee meeting to provide additional information or answer specific questions. Option 1: Recommend approval of the 2007-2008 Diversity Commission Business Plan. Option 2: To not recommend approval of the 2007-2008 Diversity Commission Business Plan. Option 3: To amend the proposed 2007-2008 Diversity Commission Business Plan. 'f\-L Staff Recommendation Approve the 2007-2008 Diversity Commission Business Plan, Option 1, and forward to the full council for approval at the October 16, 2007 regular City Council meeting. Diversity Commission Recommendation On September 12, 2007 the Commission approved staff's recommendation (Option 1). Committee Recommendation Forward option consent agenda. to the full City Council and place this item on the October 16, 2007 \\-5 2 Purpose: Mission: Members: Projects: FEDERAL WAY DIVERSITY COMMISSION BUSINESS PLAN 2007-2008 Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. To help Federal Way become a community which is united amidst diversity, where each individual is respected, equally valued, equally needed and equally cherished. Equality is not sameness; it is equivalent value. Deborah Little (Chair), Suzanne Smith (Vice-Chair), Chris Brown, John Hwang, Grace Rawsthome, Joy Thomas and Ron Walker. Martin Luther King Event Manage the 2008 Martin Luther, Jr. celebration and the Senior High School Summit. Partner with an organization to complete a community service project. (January 2008) Book Donations Provide culturally diverse books to school libraries and non-profit organizations for the enrichment of young readers. (OctoberlNovember 2007) Discussion/Book Groups (Topic Specific}/Forum/Debates Provide an opportunity to engage the City and the Federal Way community to come together and have a discussion on a variety of topics that will help create a greater understanding of the value of a diverse community. (On-going) Public Relations Attend Council Committee and Council meetings. Promote programs and diversity through all media forums (i.e. local/ethnic newspapers, Channel 21, City Update Newsletter, Commission Brochure) and event attendance. Work with the local newspapers to have a regular column. Establish media contacts/and build relationships. Examine budget and strategies. (Ongoing) Bite of Federal Way/Community Celebration Organize an event that features the food, traditions and entertainment of various cultural groups. (Summer 2008) Human Resources Assistance Offer suggestions to the City Manager and staff to help achieve and maintain a labor force that reflects the diversity of Federal Way. Establish an efficient, effective recruitment strategy to ensure a sufficient number of Diversity Commissioners represent various ages, diverse cultural backgrounds, classes and genders. Contact small, ethnic media newspapers and outlets to educate market and assist in facilitating diversity in the City's workforce and commissions. \\-q COUNCIL MEETING DATE: October 16,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ADVERTISE FOR BIDS FOR REMOTE LIGHTING CONTROL SYSTEM FOR SPORTS FIELDS POLICY QUESTION: SHOULD THE CITY ADVERTISE FOR BIDS FOR REMOTE LIGHTING CONTROL SYSTEM FOR SPORTS FIELDS? COMMITTEE: PRHSPS COMMITTEE MEETING DATE: October 9,2007 CATEGORY: X Consent o City Council Business Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: TIM DICKINSON DEPT: Parks, Rec & Cult Services This project proposes to integrate all five Sports fields lighting systems for better efficiency. Those fields are Celebration, Steel Lake AnnexlKarlGrosch, Sacajawea, Saghalie and Lakota. This system will allow any user group, with prior approval, to remotely turn the lights on or off at any park or individual field. This will reduce the amount of times that lights are left on, due to cancelled tournaments, rainouts or delays. This will also reduce the need for overtime callouts due to a mistake on the light schedule in which a team is scheduled to play and the lights are not on. The user group would use a cell phone and activate the system on there own. Cell phone authorization will be lirnited to ensure security. This system can also be used for future upgrades, such as remotely locking restroom doors at night. The specifications for this system were based off of a system that the City of SeaTac installed. The specifications will include control equipment, communication equipment and customer support services required. Cost Estimate: Complete system for all five parks with 5year parts/2year Labor warranty $39,000 Contingency for possible interior work inside buildings to make room for system and/or unforeseen additional work that may be needed. $3,000 Council approved in the 2007-2008 CIP budget for this project $42,000 Options: 1. Give authorization to bid for a Remote Lighting Control System for sports fields 2. Do not give authorization to bid for a Remote Lighting Control System for sports fields. STAFF RECOMMENDATION: Staff recommends approval to advertise the above roject in order to solicit bids. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ,~~ Council ~mnnltee Council COMMITTEE RECOMMENDATION: PRHSPS RECOMMENDS OPTION: Committee Chair Committee Member Committee Member \5-\ PROPOSED COUNCIL MOTION: "I MOVE TO AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE REMOTE LIGHTING CONTROL SYSTEM FOR CITY SPORTS FIELDS. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTlON: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTlON o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTlON # '3-L COUNCIL MEETING DATE: October 16,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Maintenance and Labor Agreement for emergency equipment installation and repair. POLICY QUEsnoN: Should the City of Federal Way / Federal Way Police Department enter into a Maintenance and Labor Agreement jar emergency equipment installation and repair with Systems jar Public Safety. Inc.? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEEnNG DATE:October 9,2007 CATEGORY: [:gI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: Jail Coordinator Jason Wilson / Quartermaster Kristen DEPT: Police Department Attachments: I. PRHS&PS memo 2. Sole source justification memo 3. Maintenance and Labor Agreement with Systems for Public Safety, Inc. Options Considered: 1. Accept Maintenance and Labor Agreement 2. Reject Agreement STAFF RECOMMENDAnON: Staff recommends Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: .t1 i..J./~ ~ ')"~ Council Committee Council COMMITTEE RECOMMENDA nON: PRPS recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOnON: "I move approval of the Maintenance and Labor Agreement, and authorize City Manager, Neal J. Beets, to sign such Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READlNG (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1sT reading Enactment ,.eading ORDINANCE # RESOLUTION # (-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: October 9,2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager @ Brian J. Wilson, Chief of Police SUBJECT: Maintenance and Labor Agreement for emergency equipment installation and repair In early 2006, the police department began searching for a vendor that could provide services to install and repair aftermarket police emergency equipment. In May 2006, we began using Systems for Public Safety, Inc. (S.P.S.) based in Lakewood Washington. Since then we have been extremely pleased with the level of customer service, and the quality of services provided by this vendor. Locally (Puget Sound area) there are only three major vendors capable of providing this type of service on the scale that we would need based on our department size: Systems for Public Safety, FCI, and Auto Editions. Since May 2006, S.P .S. has completed installations on over half of our current fleet. They have also completed all necessary repairs to aftermarket emergency equipment to older fleet vehicles. When S.P.S. built vehicles return to the shop for repair, the majority of time it is due to product failure rather than installation error. S.P .S. is located much closer to City Hall than the other two vendors. Generally our volunteers take at least one car to his shop per day-making location a very important factor. Based on services provided and the location of each of the vendors, sole source was authorized by Assistant City Manager Iwen Wang. C-7- 1 POLICE DEPARTMENT Memorandum TO: Iwen Wang, Assistant City Manager cc: Stan McCall, Commander Kristen Gregory, Quartermaster FROM: Jason R. Wilson, Jail Coordinator DATE: September 20, 2007 SUBJECT: Sole Source Selection for Emergency Equipment Installation and Repair In early 2006, the police department began searching for a vendor that could provide services to install and repair aftermarket police emergency equipment. In May 2006, we began using Systems for Public Safety, Inc. (S.P.S.) based in Lakewood Washington. Since then we have been extremely pleased with the level of customer service, and the quality of services provided by this vendor. Locally (Puget Sound area) there are only: three major vendors capable of providing this type of service on the scale that we would need based on our department size: Systems for Public Safety, FC!, and Auto Editions. Description of vendors: Systems for Public Safety: S.P.S. is located in Lakewood-l 7 miles from City Hall. They provide installation and repair services to several agencies in Washington State (Lakewood, Puyallup, Ft. Lewis PD, DuPont, Steilacoom, Ruston, Bremerton, Sequim, and Central Washington University just to name' a few). They are a full service shop that enforces a strict background policy with their employees. In addition to their shop, S.P.S. will provide mobile service allowing us to address specific projects here at City Hall. Since May 2006, S.P.S. has completed installations on over half of our current fleet. They have also completed all necessary repairs to aftermarket emergency equipment to older fleet vehicles. When S.P.S. built vehicles return to the shop for repair, the majority of time it is due to product failure rather than installation error. Generally our volunteers take at least one car to his shop per day-making location a very important factor. S.P.S. has developed a streamlined process for completing new vehicle installs. They are able to build a standard patrol car in two days (industry standard is a week) while maintaining strict quality control. S.P.S. bills on a flat rate for new vehicle installations ($1950.00). Unlike previous vendors we have used this install rate is fixed so we can easily budget for years to come. L-~ 10f2 FCI: Fcr is located in North Bend--40 miles from City Hall. They provide installation and repair services to several agencies in Washington State. Fcr is capable of providing the necessary service, however due to their location it is very time consuming to drive the vehicles to the shop. Auto Editions: Auto Editions is located in Lacey-33 miles from City Hall. They are a new company in Washington, however have been in business for several years in Oregon. They may be capable of providing the level of service necessary to service our size of fleet, however due to their location it is very time consuming to drive the vehicles to the shop. Evaluation and Recommendation: The office ofthe Quartermaster reviewed all three options. It was determined that the only shop really capable of continuing to provide the necessary service to our fleet is S.P.S. They have built well over half of our current police vehicle fleet. They have gone to great lengths to standardize each build-making installs and repairs much simpler. Having a large fleet that is growing by the year requires FWPD to have a reliable and dedicated vendor that is located nearby. The only vendor that meets these requirements is Systems for Public Safety, Inc.. c..-~ 20f2 MAINTENANCE/LABOR AGREEMENT FOR EMERGENCY EQUIPMENT INST ALLA TION AND REPAIR This Maintenance/Labor Agreement ("Agreement") is dated effective this _ day of ,2007. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Systems for Public Safety Inc., a Washington corporation ("Contractor"). A. The City seeks the temporary services of a skilled independent contractor capable of working without direct supervision, in the capacity of installing and making minor electrical repairs on vehicle emergency equipment; and B. The Contractor has the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the following services: 1.1 Services: Installation of emergency vehicle equipment and make minor electrical and mechanical repairs as needed ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's reasonable satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 1.2 Timeliness: The City acknowledges Service Provider's normal policy is to interrupt work in progress in the event that a front line marked police vehicle or an unmarked police vehicle is received for service. Such vehicles, whether from the City or from some other agency, are give priority service in order to get those vehicles back in service as soon as possible. The City accepts this normal policy of the Service Provider, and the parties will take that policy into account in determining the reasonable time within which repairs and installations are to be performed. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services, but in any event no later than March 31, 2009 ("Term"). This Agreement maybe extended for additional periods of time upon the mutual written agreement of the City and the Contractor. - 1 - &5 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause, by the either party. All work in progress shall cease as of the date of notice of termination, and any payment due to the Contractor shall be paid in full by they City within forty-five (45) days, subsequent to the date of the notice of termination. This provision shall survive termination of this Agreement. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed One Hundred Thousand and Noll 00 Dollars ($100,000.00) calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel attached hereto as Exhibit "A". Once this limit is reached the Contractor shall have no duty to perform further services, and shall cease all work in progress. 4.2 Method ofPavment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or lllVOlce. 4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. 6.1 Requisite Skill. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities. 6.2 Defective Services. The Contractor shall, at its sole cost and expense, correct all Services performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Services. - 2 - &~ 7. Independent Contractor/Conflict of Interest. It is the intention and understanding ofthe Parties that the Contractor shall be an independent contracto: and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions ofthe Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination ofthis Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or - 3 - C-l by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensOlY, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, fayoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any ofthe terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance ofthis Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 11.1 Workers' compensation and employer's liability msurance m amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of - 4 - C-<6 three (3) years from the date this Agreement is actually temlinateq. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. All originals and copies ofwork product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHAlWISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-15 5 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, stearn or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Services. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 15. Prevailing Wages 15.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to - 5 - C-,\ be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "B" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 15.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 15.3 Exemptions to Prevailing Wage. The prevailing wage req uirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: a. Sole owners and their spouses; b. Any partner who owns at least 30% of a partnership; c. The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 15.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion ofthe Services, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 15.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 16. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts - 6 - Gto incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. The City will be obligated to notify the Contractor as soon as the City is aware of the failure to appropriate or allocate sufficient funds, and shall notify the Contractor of the end of the fiscal period to which this provision applies. The Contractor reserves the right to immediately terminate this Agreement in such event. No penalty or expense shall accrue to the City in the event this provision applies. 17. General Provisions. 17.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 17.2 Modification. No provision ofthis Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 17.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 17.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 17.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 17.6 Attorney Fees. In the event either ofthe Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 17.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 17.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. - 7 - (-\\ 17.9 Authority. Each individual executing this Agreement on behalf ofthe City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 17.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 17.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 17.12 Performance. Time is ofthe essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 17.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to either party at law, in equity or by statute. 17.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 17.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option, subject to the City's obligation to pay for all work performed by the Contractor to the date of receipt of written notification by the Contractor from the City. DATED the day and year set forth above. CITY OF FEDERAL WAY By: Neal Beets, City Manager 33325 8th Ave S PO Box 9718 Federal Way, W A 98063-9718 - 8 - &1L-.- ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson CONTRACTOR By: (Signature) Paul Deskins, President 10203 Lakeview Ave SW Lakewood, W A 98499 (253) 983-1103 STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me, ' to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires K:IFORMSIMArNLAB R. AGT Rev. 08/04 - 9 - c-,~ COUNCIL MEETING DATE: October 16,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to the Civil Service Ordinance POLlCY QUESTION: Should the City of Federal Way / Federal Way Police Department amend the Applicability and Structure of the Civil Service Provisions of Chapter 2, Article III. Section 2-47 of the Code of the City of' Federal Way? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE:October 9,2007 CATEGORY: o Consent o City Council Business C2J Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: Brian J. Wilson, Chief of Police / Ordinance prepared DEPT: Police Department / LAW Aaron WallIs Attachments: 1. PRHS&PS memo 2. Ordinance Options Considered: I. Amend the Ordinance 2. Reject the Amendment STAFF RECOMMENDATION: Staff recommends Option I. Council iJ, t...1k. DIRECTOR ApPROY AL: IW &,1A/1INI Conuilittee Council CITY MANAGER ApPROY AL: COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "[ move approval of the Amendment of the Civil Service Ordinance and authorize the Mayor of Federal Way to sign such Ordinance. .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTlON: D APPROVED D DEN lED D TABLEDfDEFERRED/NO ACTlON D MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTlON # 'G-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: October 9, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager a; Brian J. Wilson, Chief of ~ SUBJECT: An Ordinance of the City Council of the City of Federal Way, Washington, Amending the Applicability and Structure of the Civil Service Provisions of Chapter 2, Article III, Section 2-47 of the Code of the City of Federal Way. (Amending Ordinance Nos. 95-244,96-256, and 98-308) The City of Federal Way, Washington provides civil service for the City's Police Department. The amended ordinance would change the exempt status of some positions; would better correspond with state law; and clarify appointments for alternate commissioners. Two alternate commissioners shall be appointed to the Civil Service Commission by the City Manager. The Police Chief will be exempt from Civil Service, as well as, positions, designated as unclassified service, as selected by the Police Chief and approved by the City Manager and Civil Service Commission. The current exempt positions requested are: The Chief of Police; Deputy Chief of Police or Deputy Director; and the Executive Assistant. The Commander Positions would now be under Civil Service. 1)-2- 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE APPLICABILITY AND STRUCTURE OF THE CIVIL SERVICE PROVISIONS OF CHAPTER 2, ARTICLE III, SECTION 2-47 OF THE CODE OF THE CITY OF FEDERAL WAY. (Amending Ordinance Nos. 95-244, 96-258, and 98-308) WHEREAS, the City provides civil service for the City's police department under chapter 47.12 RCW; and, WHEREAS, due to the increase in staff positions within the police department the City needs to change the exempt status of some positions to follow State civil service provisions; and, WHEREAS, the City wishes to clarify and simplify its civil service provisions to better correspond with state law and; WHEREAS, the City wishes to clarify the appointment provisions for alternate commissioners; NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS: SECTION 1. Chapter 2, Article III, Section 2-47 of the Federal Way City Code is hereby amended to read as follows: 2-47 Creation - Appointment. There is hereby created a police civil service commission, consisting of five members who shall be appointed by the city manager to exercise the powers and perform the duties established by this chapter and by state law as set forth in ~Ghapter ORD# ,PAGE 1 1:);5 41.12 RCW in connection with the selection, appointment, promotion, demotion and employment of police officers commissioned pursuant to RC\^! 13.101.200, unless exempt pursu~mt to RCW 11.06.070 employees of the police department. Two alternate commissioners shall be appointed to the civil service commission by the city manaqer. The rank of police chief, director of police cervices, assistant or deputy to such chief or director, and commander shall be excluded exempted from civil service~ as well as a number of additional positions, desiqnated as the unclassified service, as selected by the police chief with the concurrence of the city manaQer and the civil service commission pursuant to as provided for in RCW 42.12.050 in recognition of the management authority delegated to such positions. Noncommissioned full time, Volunteers, reservists, part-time~ or seasonal employees of the police department 8\::lffi as police support officers, community service officers, identification technicians, property/evidence room technicians, record clerks, dispatcherc and administration assistants shall be excluded exempted from civil service pursuant to RC\N 011.12.010 and RC'..^/11.12.220 and/or in recognition that the city will create an orderly system of personnel administration to cover such employees. The commissioners shall serve without compensation; provided, however, that they may be reimbursed for expenses incurred in service as a commissioner. 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. SECTION 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 5. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of ,2007. CITY OF FEDERAL WAY ORD# , PAGE 2 b' L-\ MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDIN\2007\Civil Service update 2007.doc ORD# , PAGE 3 D-5 COUNCIL MEETING DATE: October 16, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ClNGULAR WlRELESS SlTE LEASE RENEWAL - SAGHALlE PARK POLlCY QUESTlON: SHOULD THE ClTY COUNClL APPROVE THE RENEWAL OF THE WlRELESS SlTE LEASE AND AUTHORlZE THE ClTY MANAGER TO EXECUTE THE AMENDMENTS? COMMlTTEE: PARKS RECREA TlON HUMAN SERVlCES & PUBLlC SAFETY MEETlNG DATE: 10/9/2007 CATEGORY: D Consent [8J City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REPORT By: PATRICIA RICHARDSON ............__..........___.._ ............................. ..... ..._...._~............ .......m........_.. ...... ....... DEPT: Law Cingular Wireless entered into a Lease Agreement with the City on May 28, 2002 for installation and operation of certain equipment on City owned property located at Saghalie Park for use in connection with its wireless telephone communications service. The 2002 Lease Agreement provided for compensation to begin at $1,622.40 and increase 4% per year. The lease expired on September I, 2007 and Cingular has requested to renew the lease for a five year term pursuant to the terms of the lease. Options Considered: Recommend appr.}va1 of the lease renewal and authorize the City Manger to execute the amendment. 2. Reject the lease renewal. 1. STAFF RECOMMENDA TlON: Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. CITY MANAGER ApPROVAL. DIRECTOR ApPROVAL: f~ Committee Council Council COMMlTTEE RECOMMENDA TlON: Committee Chair Committee Member Committee Member PROPOSED COUNClL MOTlON: "[ move approval of Option _" (BELOW TO BE COMPLETED BY ClTY CLERKS OFFlCE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDfDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~- \ AG # 02-061 / Saghalie Park Market: W AlORJID Cell Site Name: NE Tacoma Cell Site NumberIF A#: W A-696 / 10032282 FIRST AMENDMENT TO SITE LEASE AGREEMENT (AG # 02-061) This First Amendment ("Amendment") is dated effective this _day of ,2007, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effective May 28th 2002 and commencing on September 1,2002, whereby the City agreed to lease to Tenant a portion ofthe space on and air-space above the City Property, located in Saghalie Park ("Lease"). B. During the term ofthe Lease, Tenant, Pacific Bell Wireless Northwest, LLC, merged into New Cingular Wireless PCS, LLC, a Delaware limited liability company. C. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. D. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. E. The City and the Tenant agree and desire to amend the Lease to renew the term ofthe Lease for an additional five (5) years from the date this Amendment is fully executed. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: 1. Tenant Name The Tenant name shall be changed from Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/b/a! Cingular Wireless, to the name of New Cingular Wireless PCS, LLC, a Delaware limited liability company due to a merger ofthe two entities as stated in Section B of this Amendment. 2. Term. Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on September 1, 2007, and expiring September 1, 2012, unless renewed pursuant to the terms of the Lease Agreement. - 1 - E--'2- AG # 02-061 I Saghalie Park Market: W A/OR/ID Cell Site Name: NE Tacoma Cell Site Number/F A#: W A-696 I 10032282 3. Notices. Section 18 of the agreement shall be amended to change the notices address for the City of Federal Way and New Cingular Wireless PCS, LLC as follows: If to City: City Attorney P.O. Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 With a copy to: City Manger PO Box 9718 33325 Eight Avenue South Federal Way, W A 98063 If to Tenant: c/o New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: NE Tacoma (F A#: 10032282) 6100 Atlantic Boulevard Norcross, GA 30071 with a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site: NE Tacoma (F A#: 10032282) 5601 Legacy Blvd., Bldg A PIano, TX 75024 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Neal Beets, City Manager PO Box 9718 Federal Way, WA 98063-9718 - 2 - E-~ AG # 02-061 / Saghalie Park Market: W AlOR/ID Cell Site Name: NE Tacoma Cell Site Number/F A#: W A-696 / 10032282 ATTEST: APPROVED AS TO FORM: Laura Hathaway, CMC, City Clerk Patricia A. Richardson, City Attorney TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: J ames Fugate Network Operations Manager 16221 NE 72nd Way, RTC-3 Redmond, W A 98052 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me James Fugate, to me known to be the Network Operations Manager of New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2007. (typed/printed name of notary) Notary Public in and for the State of My commission expires K:\telecom\Cingular lease Amend- Saghalie lease renewaL doc E -L1 - 3 - COUNCIL MEETING DATE: October 16, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ~\(......:a- SUBJECT: ClNGULAR WIRELESS SITE LEASE RENEWAL - S!..CIIALIE PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENTS? COMMITTEE: P ARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY MEETING DATE: 10/9/2007 CATEGORY: D Consent [gI City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON ....... m._........................................ ....................................._ ..._.. ._... _.. ~..__.__._.._.m..m_. DEPT: Law Cingular Wireless entered into a Lease Agreement with the City on May 28, 2002 for installation and operation of certain equipment on City owned property located at Saghalie Park for use in connection with its wireless telephone communications service. The 2002 Lease Agreement provided for compensation to begin at $1,622.40 and increase 4% per year. The lease expired on September 1, 2007 and Cingular has requested to renew the lease for a five year term pursuant to the terms of the lease. Options Considered: Recommend approval of the lease renewal and authorize the City Manger to execute the amendment. 2. Reject the lease renewal. 1. STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROV AL:fA1L Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option _" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # t:-1 AG # 02-060 / Sacajawea Park Market: W AlOR/ID Cell Site Name: Steel Lake Cell Site Number/FA#: WA-677 /10031010 FIRST AMENDMENT TO SITE LEASE AGREEMENT (AG # 02-060) This First Amendment ("Amendment") is dated effective this _day of ,2007, and is entered into by and between the City ofF ederal Way, a Washington municipal corporation ("City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effective May 28th 2002 and commencing on September 1, 2002, whereby the City agreed to lease to Tenant a portion of the space on and air-space above the City Property, located in Sacajawea Park ("Lease"). B. During the term ofthe Lease, Tenant, Pacific Bell Wireless Northwest, LLC, merged into New Cingular Wireless PCS, LLC, a Delaware limited liability company. C. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. D. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. E. The City and the Tenant agree and desire to amend the Lease to renew the term ofthe Lease for an additional five (5) years from the date this Amendment is fully executed. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: 1. Tenant Name The Tenant name shall be changed from Cingular Wireless LLC, a Delaware limited liability company, on behalfofPacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/b/a! Cingular Wireless, to the name of New Cingular Wireless PCS, LLC, a Delaware limited liability company due to a merger of the two entities as stated in Section B of this Amendment. 2. Term. Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on September 1, 2007, and expiring September 1, 2012, unless renewed pursuant to the terms of the Lease Agreement. - 1 - t=- 2- AG # 02-060 / Sacajawea Park Market: W AlOR/ID Cell Site Name: Steel Lake Cell Site Number/FA#: W A-677 /10031010 3. Notices. Section 18 of the agreement shall be amended to change the notices address for the City of Federal Way and New Cingular Wireless PCS, LLC as follows: lfto City: City Attorney P.O. Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 With a copy to: City Manger PO Box 9718 33325 Eight Avenue South Federal Way, W A 98063 If to Tenant: c/o New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: Steel Lake (FA# 10031010) 6100 Atlantic Boulevard Norcross, GA 30071 with a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site: Steel Lake (FA# 10031010) 5601 Legacy Blvd., Bldg A PIano, TX 75024 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. . DATED the effective date set forth above. ClTYOFFEDERAL WAY By: Neal Beets, City Manager PO Box 9718 Federal Way, W A 98063-9718 - 2 - f,~ AG # 02-060 / Sacajawea Park Market: W A/GRiID Cell Site Name: Steel Lake Cell Site Number/F A#: W A-677 / 100310 10 ATTEST: APPROVED AS TO FORM: Laura Hathaway, CMC, City Clerk Patricia A. Richardson, City Attorney TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited LiajJility Company By: J ames Fugate Network Operations Manager 16221 NE 72nd Way, RTC-3 Redmond, W A 98052 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me James Fugate, to me known to be the Network Operations Manager of New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GWEN my hand and official seal this day of ,2007. (typed/printed name of notary) Notary Public in and for the State of My commission expires K:\telecom\Cingular lease Amend- Saghalie lease renewal.doc - 3 - p-~ COUNCIL MEETING DATE: November 6, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance to Prohibit Minors' Possession of Certain Graffiti Tools and Refine the Definition of Graffiti Tools POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO PROHIBIT MINORS' POSSESSION OF CERTAIN GRAFFITI TOOLS AND REFINE THE DEFINITION OF GRAFFITI TOOLS? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 10/9/2007 CATEGORY: D Consent D City Council Business STAFF REpORT By: JENNIFER SNELL ..........................._...............~..........__..m..............._.._...._.............................._...... Staff Report Attached Options Considered: [8J Ordinance D Resolution D D Public Hearing Other DEPT: Law I. Recommend approval of the proposed Ordinance to establish the crime of minors in possession of graffiti tools and to refine the definition of graffiti tools, including defining broad-tipped marker as four millimeters or larger, and move for consideration by full Council at the November 6, 2007 meeting. __..________....__.._.___..._........_._______. __...___.._.___~:_...____g~j~_(;_~~h~P~2P2~~sl:.Qt4i!1.~!1.(;_~_:_.____________________._______________.__._ ..___.._____.___..______ ___._._ ...______.__.____.. _ _ _____.______ - _ STAFF RECOMMENDATION: Approval of the proposed Ordinance and forward to full Council for the first reading at the November 6,2007 meeting. CITY MANAGER ApPROVAL: t/fil;) ~ COMMITTEE RECOMMENDATION: Option DIRECTOR ApPROVAL: PM< Council Committee COWlcil Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # (-,,- \ ~ CITY OF '#I _ ~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: OCTOBER 9, 2007 TO: PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE FROM: JENNIFER SNELL, CITY STAFF ATTORNEY SUBJECT: PROPOSED ORDINANCE TO PROHIBIT MINORS' POSSESSSION OF CER~AIN GRAFFITI TOOLS AND REFINE THE DEFINITION OF GRAFFITI TOOLS. This matter came before the Committee on September 11, 2007, at which time the proposed Ordinance was drafted to prohibit minors from possessing broad-tipped marker pens and aerosol spray paint under any circumstances, unless accompanied by a responsible adult. The Committee recommended tabling the matter until the next meeting for staff to modify the proposed Ordinance so that minors would not be absolutely prohibited from possessing broad-tipped markers. The existing Federal Way City Code makes it a crime for any person, regardless of the person's age, to possess a marker pen "under circumstances demonstrating intent to commit graffiti" which was the Committee's direction regarding minors. The proposed Ordinance would amend the term "marker pen" to "broad-tipped marker pen" and further define the term "broad-tipped marker pen" to include the diameter of the marker and indelible nature as part of the definition. Additionally, the proposed Ordinance would prohibit minors from possessing aerosol spray paint unless accompanied by a responsible adult or with the permission of the owner of the property upon which the minor is discovered to be in possession of aerosol spray paint. The cities of Tacoma and Yakima have similar ordinances that make it a crime for minors to be in possession of graffiti implements regardless of intent. The Tacoma ordinance defines a broad-tipped marker to be four millimeters or larger in diameter. The Yakima ordinance defines a broad-tipped marker to be one-quarter of an inch or larger in diameter. A substantial amount of graffiti in the City is perpetrated by persons under the age of eighteen. Prohibiting minors from possessing items most commonly used for graffiti would significantly impede access to those items and likely reduce graffiti. Refining the definition of graffiti tools to clarify certain definitions should aid in the prosecution of these crimes and put the public on notice of what items are restricted. Any changes to the proposed Ordinance since the September 11,2007 meeting indicated by double- underline. G...l.- K:\Agenda Item\PRPS\2007\Graffiti Minors Memo to PRHSPS lO0907.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO PROHIBIT POSSESSION OF AEROSOL SPRAY PAINT BY MINORS AND AMENDING CHAPTER 10, ARTICLE III, SECTION 10-52 OF THE FEDERAL CITY CODE TO RFINE THE DEFINITION OF GRAFFITI TOOLS. (Amending Ordinance Nos. 94-208 and 07- 551) WHEREAS, among the responsibilities imposed on the City of Federal Way are those involving enforcement of ordinances proscribing violations of criminal laws adopted as a part ofthe Federal Way City Code; and WHEREAS, the provisions of the Federal Way City Code include identification of certain criminal violations in its criminal code designed to provide for public safety within the City and to meet specific needs of the City; and WHEREAS, the City has defined "graffiti tools" to include pressurized canisters, paint sticks, or broad-tipped marker pens; and WHEREAS, refining the definition of certain graffiti tools would assist in the prosecution of the crime; and WHEREAS, the City has made it a crime to possess graffiti tools with the intent to commit graffiti; and WHEREAS, graffiti is a serious problem that is associated with gang activity, signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the citizens of Federal Way; and ORD# , PAGE 1 G-~ WHEREAS, a substantial portion of graffiti is perpetrated by individuals under the age of eighteen; and WHEREAS, a majority of graffiti crimes are committed using aerosol paint cans; and WHEREAS, prohibiting minors from possession of items most prevalently used as graffiti may reduce a substantial portion of graffiti and facilitate police enforcement, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article IX, Section 2-215 of the Federal Way City Code shall be amended to read as follows: 6-215 Graffiti. (a) Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, ef possession of graffiti tools. or minor in oossession of lrraffiti tools. (b) Graffiti Defined. A person is guilty of the offense of "graffiti" if he or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody ofthe property, or has prior consent ofthe owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (c) Aggravated Graffiti Defined. A person is guilty of the offense of "aggravated graffiti" ifhe or she has been previously convicted of "graffiti", or malicious mischief in the third degree, or a similar offense, and commits the offense of "graffiti". (d) Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession of graffiti tools" ifhe or she possesses a pressurized paint container defined under FWCC 10-52, indelible broad;tipoed marker pen as defined under FWCC 10-52, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti. ,PAGE 2 ORD# L,-y ( e) Minor in Possession of Graffiti Tools Defined. A oerson is guilty of the offense of "minor in oossession of graffiti tools" if he or she is under the age of eighteen (18) Years. not accomoanied by a resoonsible adult. and possesses a oressurized oaint container in a oublic olace or on orivate orooerty without the consent of the owner. lessee. or other person entitled to legal oossession thereof. It--is unlawful for any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult, to possess a pressurized paint container or broad tip marker as defined under FWCC 10 52 in or upon a public place or private property, 'Nithout the consent of the OVlller, lessee, or other person entitled to legal possession thereof. fej ill Penalties. Unless otherwise provided, aAny person violating the provisions of this section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the amount of$50.00 per day of jail actually imposed; and in addition to this penalty, such person may in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of "graffiti," any and all graffiti inscribed thereon by anyone prior to the date ofthe execution of the sentence. In addition to any financial penalties under this section, any person found guilty of "aggravated graffiti" shall be punished by imprisonment of not less than five (5) days upon the first such conviction; imprisonment of not less than ten (10) days upon the second such conviction; and imprisonment of not less than thirty (30) days upon the third or subsequent convictions. SECTION 2. Chapter 10, Article III, Section 10-52 of the Federal Way City Code shall be amended to read as follows: 10-52 Definitions. (a) "Abate" means to remove or conceal graffiti by such means as is reasonably necessary and to otherwise bring a property into compliance with the City Code. (b) "Defacement" means any marring and includes but is not limited to any unauthorized writing, painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of any type that has been placed upon any property, through the use of means including but not limited to paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or damaging property. ORD# , PAGE 3 L'l- .5 (c) "Enforcement officer" or "enforcement official" means any City code enforcement officer or other City officials designated by ordinance or by the City Manager for purposes of enforcing the provisions of this Article or provisions of other sections of the City Code or other laws of the City. (d) "Graffiti" means any defacement of property. (e) "Hearing examiner" means the Federal Way hearing examiner and the office thereof. (D "Marker Pen" means a broad-tipoed indelible marker with a tip exceeding four millimeters at its diameter. (g) "Pressurized Paint Container" means any can, bottle, spray device, or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property. ft)(h} "Property" means real or personal property, both public and private, and includes but is not limited to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers, walls, fences, gates, signage, installations, improvements, and structures within the City. tgjill "Responsible Party" means an owner, a person acting as an agent for an owner, a person who has authority over the property, or a person responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, an owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular private property. Where there is more than one responsible party, notice to any responsible party shall be deemed to be notice to all. Where there is more than one responsible party, permission from any responsible party shall be deemed to be permission from all unless a specific objection is made by a non-consenting responsible party. (h) "Unauthorized" means without the prior express permission or consent of a responsible party. 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. SECTION 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. ORD# , PAGE 4 C,-to SECTION 5. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HA THA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K\Ordinance\2007\graffili minors I00907.doc ORD# , PAGE 5 C..,~l COUNCIL MEETING DATE: ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JUVENILE CURFEW POLICY QUESTION: DOES THE CITY COUNCIL WANT TO CONSIDER A JUVENILE CURFEW ORDINANCE FOR FEDERAL WAY? COMMITTEE: PARKS, RECREATION, CULTURAL SERVICES & PUBLIC SAFETY MEETING DATE: October 9, 2007 CATEGORY: D Consent D City Council Business ST AFF REPORT By: P AT [g] Ordinance D Resolution D D Public Hearing Other CITY ATTORNEY DEPT: Law Attachments: Staff report and, for discussion purposes only, a draft juvenile curfew ordinance that illustrates the typical features of such ordinances. Options Considered: I. Table or reject the concept of a juvenile curfew ordinance in Federal Way. 2. Direct staff to research further the concept of a juvenile curfew ordinance and to bring back more information to the PRC&PS Cornmittee for further discussion and consideration. STAFF RECOMMENDATION: Follow Council direction CITYMANAGERApPROVAL: ~'. ~ Council DIRECTOR ApPROVAL: ~ttee Council COMMITTEE RECOMMENDATION: "I MOVE TO APPROVE OPTION " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to .... ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # \1-\ ~ CITY OF ~ ~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: TO: FROM: OCTOBER 9, 2007 P ARKS, RECREATION, CULTURAL SERVICES & PUBLIC SAFETY COMMITTEE ,i'/) f'i""C) PATRICIA A. RICHARDSON, CITY ATTORNEY t' n~ SUBJECT: PROPOSED JUVENILE CURFEW ORDINANCE Juvenile curfew ordinances have long been used to protect and control juveniles at night. The proposed Juvenile Curfew Ordinance is closely aligned with Tacoma and Auburn ordinances, which specify the criteria for any violation and provide broad exceptions, as required by the courts, for the juvenile to be out past the curfew. State law specifies that a curfew violation must be limited to a civil infraction and authorizes the officer to contact the juvenile for safety or protection as well as take the juvenile into custody. If the juvenile is taken into custody, state also identifies the state and/or county agencies that can accept the juvenile. The proposed ordinance provides: 1. The curfew hours are 12:01 a.m. to 6:00 a.m. every day. This is consistent with the hours in Tacoma and Auburn. 2. The police officer may contact a juvenile and ask questions to determine whether the juvenile has permission or other valid reason to be out during curfew. If not, the officer will contact the parents, and may issue a civil infraction to the juvenile unless juvenile court has exclusive jurisdiction. 3. A parent may need to pick up the juvenile after being contacted by the officer. If the parent refuses, he/she may be issued a civil infraction. 4. The monetary penalty for the first civil infraction IS $100, $200 for the second infraction and $300 for each subsequent infraction. \1- 2- 5. The officer has the discretion to take the juvenile into custody when safety if determined necessary and transport himlher home, to a place authorized by the parents, or to local and/or state agencies depending upon the circumstances. 6. A review of the juvenile curfew along with the crime statistics will occur every three years to ensure that the curfew continuing to be necessary and effective. K:\ordinance\2007\curfew\staff report 10-2 t-\-- ~ 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A JUVENILE CURFEW, AND AMENDING CHAPTER 6 TO ADD ARTICLE XVI TO THE CITY OF FEDERAL WAY CITY CODE J~Hh .,dll'Hi1' WHEREAS, the City highly values the healt~;ll'I!Ql;;:nd general welfare of our juveniles, and has a vested interest in p.r.e..s.,..etiiAih9 a~~lfl",r.t.u. ring this t'lll). ll'lh, ilrhp '1',." .il II! . " valuable Investment; and .' I i luI1fillllll\, .....i....I".W '.. "lll.'l..' diU:' .- l:ftl WHEREAS, crime and violence ini~)M.ri..c.......o..mm....url~.~i', including jJ\$nile crime 'tip*, .lmlW and violence, causes great COnC~fi(l. ~.or the i~mll&tl,IU.!.'.~~' health, safety and general 1'>"V'1 r~HII'" 1111.!11Illhi.> " 1111 welfare of our citizens; and 11111:lllllllliUlh" 11111' , !lIlL .illlllllll... .lllllil WHEREAS,..P. ,e.lr~nnl~..~d.. er ttTllllI.9...nl*' lf~~~lfl~~cePtible to participate in .It/lnll!!l 11m.! ! 111~JIII crimes and othe. r. "I.~..>~.I.I~WfUI act. '.' ,ties, esp:.;' ia. lIy under the cover of darkness, and ilU' llllll,l the darknes.s.. of la~ Ia... .oh.. t..a.~~IWji.Ht9'l"'lm.!', ..o.,.r..n;~I!.I.lhours makes it more difficult for law . iqrrl 'lil'1IQ,m'nlimmrm ....~. enf~~~'PII~~~~rnt a~d '~~'I'j~I~~rtain types of crimes involving jUvalll~ni"i,e" graffiti!I':iCiO~llrl.ischief, gang activities, vehicle prowl, and crimes ~~~ltII;,~~e; and '11111 WH~~W~.S.>... D.....m.'!(U...'UXs under the age of 18 are vulnerable to inJ.ury '!IU!IIIV' 111U;1 accidents, to be vicYlms of crimes perpetrated by both adults and other juveniles, as well as other nighttime dangers, in part because of their lack of maturity and experience and lesser ability to make crucial decisions; and the City needs all the effective tools available to protect juveniles from the dangers that exist in the late night and early morning hours at public places; ,PAGE 1 \-\ ,- Li ORD# WHEREAS, parental supervision and responsibility over juveniles must be supported and encouraged, and a curfew will assist parents by providing information about their children's whereabouts at night and will involve parents with their children by encouraging them to take responsibility for them; and WHEREAS, in 2005 in the City of Federal Way, there were 774 juvenile arrests, of which 102 were between the hours midnight 12 drug offenses, 10-4th degree assaults, 5 rapes, malicious mischief, 16 thefts, 12 possession qfl~€>len ,;lulll'. i 1!l;i Ii" "till cases of juvenile arrests; and illlllWl ,Iii! \Hli.LipW1 WHEREAS, in 2006 in the.City of F~~~..hA....I.Wl.,jMvt!there were 694 juvenile I\IIII.I'IIIP arrests, of which 109 were betW~'~~ml~~~~ . .:\?~Iij~:: and siam. and included 12 drug Offen. ses. ,.12-4'" d~.'fiee a. 'tPI~r..1-3~~li'gree assault, 2-2"' ddJl'llIIIII, ~~!ll . .dldl1~ .'111111'1111 . . .. degree assaults'6.,.j.J.'.II~....~' W~....U.II.:..'~I:.i.~1I.1.llanes'~I~.,.~.Bbenes, 2Vapes, 6 maliCIOUS mischief, and 53 other caM~~!R! jUVeni,ll~l~rests; aA~h, 16 ~II'iJW.i~.'..I~~~I~~~le...:. i~.t~:~.:,~I~::r:::e;:::n::~ ::e:::e ::o/:::e llllllil111hh 'i11Ilhl' old, an~l~tr. were 13 y~r~ old; 'Hnd 17 Yea::~,~~~~:a:I:' :::~ ::::01s: ~:::i::, :::::e3:;0 Y:::: l;_t a.m. and included old, 1% were 13 years old, and 1% were 10 years old; and WHEREAS, in 2005,12.5% of homicides in Federal Way occurred between the hours of 12:00 a.m. and 6:00 a.m. In 2005, 18% of all felony assaults in Federal Way occurred between the hours of 12:00 a.m. and 6:00 a.m. \-t~5 ORD# , PAGE 2 In 2005, 36.4% of all rapes in Federal Way occurred between the hours of 12:00 a.m. and 6:00 a.m. In 2005, 11.1 % of all robberies occurred between the hours of 12:00 a.m. and 6:00 a.m.; and WHEREAS, in 2006, 29.4% of all felony assaults in Federal Way occurred between the hours of 12:00 a.m. and 6:00 a.m. In 2006, 21.9% of all rapes in Federal Way occurred between the hours of 12:00 a':;lfl~~I6:oo a.m. In 2006, 11.6% of all robberies occurred between the hour~I~~I~I~:.,m. and 6:00 a.m.; and,!llllllll1'! ' . lIilllll11/1 WHEREAS, the City of Tacoma, mlWf~ adjacent to Federal'~~x, passed a juvenile curfew and parental r~~.p..!. ,..~..n."s. ib.. il:~~~~I1~..~.I....'.i~l~ffective Jan~~~ 1, 1995 as amended in 2003, to correct lli~I<<I~I~~I:~sl~~b:~t in Federal Way, which they have fou nd effecti.v.e.. a~d Whi~lIll~i'~11, I '#I_ndi'!lj11/lY the Tacoma city .dI~lImll", . I dllll IIUIIIII' Council each yearll~~IlW/j"~~~ is p .uy in effel!t; WHERE.tl~lllhe CitY~~Uburn. ' hY.. adjacent to Federal Way, passed a 1111lll. . .ullllMiil'llUllu I ..1111, jUVen.i.1 e.G.....'..Wmrtitli.R 19,.,.~QJla.d pI'Ii.. en~e~lf~lmnf)4 to correct similar problems as exist '~' ...,llllIi .I111lllllh. ~IIIIII'." in ~l~d;,.al Way; a~llll.f....... 111111.. "III.~~lli~EAS, the~ fin~~I\i,at reasonable regulations on the hours :::::~ j::~~~ij~~::~:n:f ~i: ::~:::;~:::: ~:Uo~I::I:::: will protect the juveniles of this city, reduce the presence of juveniles on the streets during those hours, reduce the number of juvenile arrests and juvenile victims; and reinforce parental responsibility and authority; and \-\-~ ORD# , PAGE 3 WHEREAS, RCW 35A.11.210 and RCW 13.32A.050 authorize cities to enact juvenile curfews and authorize law enforcement officers to take custody of children violating local curfew ordinances; and NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HERBY ORDAIN AS FOllOWS: \-\-1 ORD# ,PAGE 4 6-362 Curfew Violations. (1) A iuvenile commits a curfew violation if he or she is in any public place within the City of Federal Way durinq curfew hours. (2) A parent commits a curfew violation if he or she knowinqly permits or, by insufficient lawful control. knowinqly allows a juvenile to be in any public place durinq curfew hours. (3) A parent commits a curfew violation if he or she fails to appear to take a juvenile into custody after contact from a Federal Way police officer, pursuant to the temporary custody procedure under this article. a civic rotected b the United States freedom of s eech and the at the \-\-~ ORD# , PAGE 5 6-364 Enforcement. Before takinq any enforcement actions, not includinq investiqatorv ones, a law enforcement officer shall ask an apparent offender's aqe and reason for beinq in apparent violation of curfew. The officer shall not issue a citation or take further enforcement action unless the officer reasonably believes a curfew violation has occurred and that. based on any response and other circumstances, no defense exists. When an officer believes that a curfew violation has occurred, but prior to issuinq a citation or placinq a iuvenile into custody, the officer shall attempt to contact a parent to explain the circumstances. 6-365 Temporary Custody Procedure. , PAGE 6 \-\-1 ORD# (5) Custody under this section shall not extend beyond the amount of time reasonably necessary to transport and/or place the iuvenile. The officer shall provide the iuvenile and any parent with a copy of the statement specified in RCW 13.32A.130(6}, and shall ensure that any person to whom the iuvenile is released, is aware of any appropriate services available in the community. \-\~ \1) ORD# ,PAGE 7 SECTION 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this article, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this article or its applic~tipn to any other l 111 il.~.l ) ilI!d!l" person or situation. The City Council of the City of Fe~mlal'Way hereby declares ,,,,ll'llll' th t.t Id h d t d h. rt. I d h ,JJJlll11 'IUj, t. t a I wou ave a op e t IS a IC e an eac~e\.!~.ron, SUI4~C lon, sen ence, 'Ill' llldL ,; f i -t:. '[} i .'.- T ! 1 t ~ ., !\ :!Pp,; if H. clauses, phrase, or portion thereof, irrespegtl~Wj6f the fact that 'Mij~!Rne or more sections, subsections, sentences, claus~UII~~ses'l~portions b~1 ~i~ared .. . . "IlIlII'di!IIllW. Invalid or unconstttutlonal.dll!ih '1411111:' 'UII;llllllj, .... . '!III'I SECTION 3. Corrections. llllj".I'. IllilllIlll..l'..................IIIIIIII.!. '.... . . . Jh..JIIIIIIl .... .. '1111' . The City clerk.........~n~~h..t1...c. odlf'eH~....I.....P.....f.l\lIQ' BliIl~~l" are authonzed to make tll!!lllu,rHIlllll!l,.. 'l1ml.lll1jll IIJI necessary co rrec.u....m.'..'.!.M... S to thiS..I.~...!........Ha.,...... in. ancerl~I..... '.......I.u..ding, but no limited to, the correction !llllhl '...i'lU"IIL of scrive.ne. r/CI.e. r.. i.. c.' ~.l*,t.lo...,.r~i.l~~_~r'.l. 0.. r. dl~nce numbering, section/subsection . . .mmU . . 1lllllllWllllllUIIlIlIlI numb~~~lf~U~~lt:im~.~:hereto. tlllll. ~~,CTION 4. ~~,ficat~h!I.'IAny act consistent with the authority and prior , '111. . 'Ill 'ilt to the en1~~~~ate O.f.... t :,;~I ordinance is hereby ratified and affinned. SECTlm~I~'I'Idfl!ctive Date. This ordinance shall take effect and be in '11'lllljIW force five (5) days from and after its passage and publication, as provided by law. 11/11/ 11//1/ , PAGE 8 \-\- \ \ ORD# PASSED by the City Council of the City of Federal Way this day of ,2007. CITY OF FEDERAL WAY MAYOR, ATTEST: 111111111 If! illl!' ffl1l.i' ,.illlllY CITY CLERK, LAURA HATHAWAY, CM~!IiI:iillllllllllllllllj, .IIltll' APPROVED AS TO FORM: Illllllll\- ~1I11 lIl'mll'..I'11 llllllhlilllllll'....,.l '. "'.'1'.11 ,III'" 'I' '1..'... . " !i.IL., "..... '.. . .'11111 '111111,>,.. 'lll~'ll i11lllh 1 ' FILED WIJf<lHE CITY jl~ERK: PASSED B~lm~I'~. CI~.lnll;,buNCIL: PUBLISHED. .1...1..11.' 'liIP' "ffil''lll' EFFECTIVE DAliLfif!lP' ORDINANCE NO.: ! K:\Ordinance\Curfew\curfew ord 5 t-\-- \ 'L ORD# ,PAGE 9