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PRHSPSC PKT 12-08-2009 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES PUBLIC SAFETY COMMITTEE Tuesday, December 8, 2009 City Hall 5:30 p.m. Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT THREE (3) MINUTES 3. COMMISSION COMMENTS 4. APPROVAL OF NOVEMBER 10, 2009 SUMMARY 5. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info A. Update on Marketing Efforts for the Federal Way Nelson 5 Information Community Center B. Resolution Adopting (ESSB 5967) Hutton 9 izi Action C. Sprint/Nextel Site Lease Amendment Pearsall 21 Action 12/15/09 Council 6. PENDING ITEMS Festivals NLC Providing Discount Pharmacy Services to Citizens Concept of Housing in South King County Maintaining the health of trees in the City relating to invasive species; particularly English Ivy 7. NEXT MEETING Tuesday January 12, 2010 5:30pm Hylebos Conference Room 8. ADJOURNMENT 2009 Committee Members: Staff Council Member Jeanne Burbidge, Chair Cary Roe, Director of Parks, Public Works Emergency Mgmt. Council Member Jim Ferrell Mary Jaenicke, Administrative Assistant 11 Council Member Michael Park 253 -835 -6901 City_of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, November 10, 2009 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge and Committee members Mike Park and Jim Ferrell Council Members in Attendance: Linda Kochmar Staff Members in Attendance: Interim City Manager, Brian Wilson, Amy Jo Pearsall, City Attorney, Interim Chief Hwang, Community Development Director Greg Fewins, Human Services Manager Lynnette Hynden, Emergency Management Coordinator Ray Gross, Parks and Facilities Manager Steve Ikerd, Federal Way Community Center Supervisor Doug Nelson, Aquatics Coordinator Craig Feldman, and Mary Jaenicke, Administrative Assistant II. Guests: Mike O'Dea, Red Cross, Chris Carrel, Friends of the Hylebos, Martin Moore Parks Commission, Susan Honda, Chair Arts Commission, Chair Burbidge called the meeting to order at 5:36p.m. Commission Comments: None APPROVAL OF SUMMARY Council member Park moved to approve the October meeting summary. Council member Ferrell seconded. Motion passed. BUSINESS ITEMS Urban Forest Health Chris Carrel gave a powerpoint presentation on Urban Forest Health. He stated that this is a slow growing emergency in our forests. They have found that when we let nature take care of itself we are running into problems with our forests. Our forests are aging and we have a poor quantity of conifers and a lack of conifer seed sources. There is also a big problem with invasive plant species. The worst is English Ivy. The ivy climbs up the tree and strangles it. The ivy also smothers out native species in the forest_ Another significant invasive plant species is the Himalayan Blackberry. This dominates in open areas and prevents the native plants from re- growing. Once invasive species are established in the forest, they begin to topple trees, and displace them. Forests are good for passive recreation and for neighborhoods, they're important for reducing greenhouse gases, and provide natural stormwater management functions. Friends of the Hylebos have a forest health plan for the West Hylebos. This plan assesses forests health. The West Hylebos Wetlands is in good health, it has a low level of invasive species. Approximately 10% of the park will require control of the invasive species and replanting of native trees. Using the health plan they have completed about $80,000 in restoration work. The City has provided $30,000 over the past three years. They have been able to leverage that $30,000 and tripled it by bringing in $90,000 in additional outside funds for forest health work. They also have 332 volunteers that contributed $38,000 in volunteer labor. There is about $200,000 m management actions left to conduct over the next five years. They are working on securing the funding sources to do that. Over the past four months they have been doing some preliminary assessments on other forests in Federal Way. There is approximately 1,000 acres of forest m Federal Way. They looked a four specific parks 1) Poverty Bay 2) Dumas Bay Wildlife Preserve 3) Dash Point State Park and 4) Celebration Park. Dumas Bay Park is facing some critical issues. 25 -75% of the ground area was invaded with ivy. 50 -75% of the area the trees were invaded by ivy. The forest is dominated in deciduous species that are in decline. There is not any conifer regeneration; this is a forest that is in a downward spiral. The problem is too big for any one agency. This will require energizing different segments of the community, leveraging resources and partnerships and outside funding. The Dumas Bay Forest Health Pilot Project will be introduced in December. They are going to address the most critical infestation of ivy and save the trees. They will be in the community organizing volunteers and creating an awareness of the issue. Interim City Manager Wilson thanked Mr. Carrel for his work. He has been very responsive to questions, and has been very efficient and effective in the use of the funds. We need to get a handle on how big of a problem this is, and have a plan of action. PARKS, RECREATION, HUMAN SERVICES PUBLIC SAFETY COUNCIL COMMITTEE Tuesday November 10, 2009 Summary Page 2 Federal Way Community Center Agreement to Use as Dormitory Shelter Mr. Gross stated that the primary mission of the Howard Hanson Dam was flood control for the green river. It was built in the early 1960's. With the January 2009 severe weather event the Howard Hanson Dam held back a substantial amount of water. After the event the Army Corps of Engineers found some substantial problems with the dam. They continued to do some testing and discovered that the amount of water seepage has increased in both volume and speed. Until there is a permanent fix, the Army Corps of Engineers is going to be releasing more water more often. It cannot hold as much water as it was able to in 2009. The regional impact is significant flooding in the green river valley, short term utility outages, impact on transportation and request for city services. There are two aspects of the Community Center becoming a Red Cross shelter I) If Federal Way is impacted, the FWCC would help Federal Way residents 2) The benefits of having this in place is that all of the preplanning is done. The Red Cross would do a site assessment and start putting the plans in place. Mr. Gross stated that the city would not lose control of the facility; we can say yes or no. If the city says yes, the Red Cross will come in, and there will be an onsite agreement with them, and there will be an assessment of the site prior to them moving in. We can charge the Red Cross to use the facility. Some things to consider are the financial impact if we have to cancel an event, and how would this affect the passholders and the contracts we have with them. It is estimated that it costs $5,700 a day to run the facility. With the Howard Hanson event the regional plan concept is to go with a mega shelter in Seattle. The intent of the Red Cross is to have several mini shelters as a backup. Mr. O'Dea from the Red Cross stated that the County is trying to identify large venues that they can use. They have 283 facilities that they can use right now; four of those facilities are located in Federal Way. The Red Cross' prime interest is getting a facility agreement. Once they have the agreement they can assess the facility. It is a 3 step process: 1) Agree to talk 2) Shelter survey 3) Facility Use Agreement. They will carry their own insurance and restore that facility back to the condition it was. Council member Kochmar requested that the City be named as an additional insured. Council member Ferrell moved to enter into an agreement with the American Red Cross, allowing the Federal Way Community Center to be placed on the list for use as a possible dormitory shelter in times of emergency. Council member Park seconded, motion passed. Community Center Pool Chemical Vendor Contract Mr. Feldman stated that the swimming program has been extremely successful at the center. Because we are having more bathers than we anticipated, the actual use of pool chemicals was underestimated. Mr. Feldman is asking for an increase of $6,000 on the current contract that we have with ORCA Pacific, Inc., and would also like to amend the term.of the contract for another year. The total amount of the contract is $72,000.00, and the term will be effective until December 31, 2010. Council member Park moved to approve the amendment to the contract with ORCA Pacific Inc. and authorize the Interim City Manager to execute an agreement for the supply and delivery of Pool Chemicals at the Federal Way Community Center. Total amount of the contract is $72,000.00. Council member Ferrell seconded, motion passed. Fisher Pond Building Demolition Mr. Ikerd reported that the Historical Society moved out of the building m June. The Federal Way Police Department had been using the site as a training facility, but is no longer using it. Mr. Ikerd solicited demolition bids to 11 companies off of the Small Works Roster. Three companies responded. William Dickson Construction was the lowest responsive bidder. Council member Park asked what the current condition of the house is. Ikerd answered that it is boarded up, and is a target for a lot of vandalism. Mr. Ikerd stated that some of the costs are taking care of the environmental part of the demolition; there is asbestos in the building. Council member Ferrell relayed a message that Mayor Dovey had discussed the possibility of using the building for another organization. Council member Burbidge is concerned about the condition of the building, and spending the money to bring the site up to code. The site is very isolated. Council member Ferrell moved to accept the demolition bid from William Dickson Construction and authorize the Interim City Manager to execute a contract for services in the amount of $22,256.97 plus 10% contingency for a total amount of $24,481.97. Council member Park seconded, motion passed. Services Agreement for The Commons at Federal Way Police Services Interim Chief Hwang stated that this is a one year contract commencing on January 1, 2010. There are three full -time officers at the mall. The Commons owner will pay the City 50% of the cost of the salary and benefits of each officer. The total amount of the contract is $137,645.00 for the year 2010. Originally there were two officers assigned to the 3 PARKS, RECREATION, HUMAN SERVICES PUBLIC SAFETY COUNCIL COMMITTEE Tuesday November 10, 2009 Summary Page 3 The Commons. With the addition of the Theaters, they added another officer. The Manager of the mall is very pleased with the police services. The three officers that are assigned to The Commons have agreed to stay there another year. Council member Park moved approval of entering into the Service Agreement with Steadfast Commons II, LLC for Police Services for The Commons at Federal Way and authorize Interim City Manager Brian Wilson to sign such Agreement. Total amount of compensation is S137,645.00 for 2010. Council member Ferrell seconded. Motion Passed. Human Services Challenge Grant Ms. Hynden stated that she is back with the Human Services Challenge Grant due to an oversight that she reported at. the October meeting. Originally the Human Services Challenge Grant was an ongoing budget item, but in the course of budgets changing, it was switched to one time finding. She is still recommending going forward with the grant being awarded to the Federal Way Senior Center for their ICAN project. Ms. Hynden will have some costs savings at the end of the year and will carry that forward to 2010, she will also be submitting a new program request, requesting that the Human Services Challenge Grant be an ongoing budget line item At a future date she will come back to Committee with a report on the ICAN project. In January they will discuss the Challenge Grant for the food bank. Council member Kochmar suggested that the Board look into annexing the parcel that the building is on into Federal Way. Martin Luther King Jr. Celebration Ms. Hynden stated that she and the Diversity Commission have worked diligently with the community to put together a Martin Luther King Jr. Celebration committee supported by City staff. Ms. Hynden stated that they heard numerous times how important this event is to the community, yet they could not find anybody that could stay committed to the event. The Diversity Commission met and came up with a plan for the event in January 2010. The Diversity Commission will highlight the art and poetry contest. The artwork will be displayed at City Hall during4he month of January. She has heard from some teachers in Federal Way that would like their classes to participate in the essay contest. There will also be a day of caring; it will be a food drive. The artifacts will also be displayed; the community flame and the banners are just a few of the items that will be displayed. Instead of focusing on one day, the celebration event will be for the whole month of January. There will also be nominations to recognize unsung heroes in the community. They would like to have one adult and one teenager recognized. 2010 Diversity Commission Work Plan Ms. Hynden stated that at the Diversity Commissions yearly retreat, they discussed what the function of the Diversity Commission is. They have revised their Purpose and Mission and also added a Brand Promise_ The Commission is committed to put together three community forums in the next year. These forum will provide a platform for the Commissioners to listen and et feedback from m the community_ They are going to dedicate themselves to Community Service. Other projects that they will do include the Martin Luther King Jr. Community Celebration, Community Garden and Food Drives. Council member Parked moved the approval the 2010 Diversity Commission Work Plan. Council member Ferrell seconded. Motion passed. Council member Burbidge suggested adding the Work Plan to the Diversity Commission web page. 2010 -2011 Human Services Commission 2 year Work Plan Ms. Hynden yn stated that the Commission has two huge g tasks ahead of them. Those tasks are updating the Human c t Sery P es Consolidated Plan for 2011 and exploring the question xp g q es ion of whether or not they should g o to Direct Entitlement. This is a two year work plan. Ms. Hynden will come back to Committee at the end of 2010 with an update on the work plan_ Council member Ferrell moved to approve option 1, recommend approval of the 2010/2011 Human Services Work Plan. Council member Park seconded. Motion passed. NEXT MEETING December 8, 2009 5:30 p.m_ in the Hylebos Conference Room ADJOURNMENT Meeting adjourned at 7:08 p.m. 4 COUNCIL MEETING DATE: December 15, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UPDATE ON MARKETING EFFORTS FOR THE FEDERAL WAY COMMUNITY CENTER POLICY 'QUESTION: NA COMMITTEE: Parks, Recreation, Human Services, Public Safety MEETING DATE: 12.8.09 CATEGORY: Consent Ordinance Public Hearing City Council Business Resolution Other STAFF REPORT BY: Linda Farmer/Doug Nelson DEPT: City Manager /FWCC Background The City of Federal Way has undertaken an extensive effort to assess its marketing needs for the Federal Way Community Center and then to build a marketing program that included a logo, tagline, website, print materials, and ongoing strategies for marketing/advertising. This report updates the Council on these activities, particularly the new website, which was quietly debuted on Nov. 16. Also of interest are the print materials which feature two distinct looks, one for fitness /general activities and one.for rental activities. The financial situation as well as numbers for pass holders, drop -ins and rental activity will be updated at the meeting. No action is necessary. Attachments Summary sheet of marketing activity. Summary sheet of financial information/current activity level STAFF RECOMMENDATION: NA CITY MANAGER APPROVAL: lt/• 7 DIRECTOR APPROVAL: Committee Council Committee Council t 2 .2. cY� COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (DATE): 2 READING OF ORDINANCE (CONSENT AGENDA DATE): (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL ti DENIED 1 ST reading TABLED /DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE it REVISED 02/06'2006 RESOLUTION tt 5 Marketing the Federal Way Community Center Update 12.8.09 Phase I: July November 2008 Deliverables: Strengths /weaknesses analysis Logo and tagline Communications audit Primary/secondary color palette (Fitness) Identify key audiences Primary/secondary color palette (Rentals) Key messages for each audience Communications Plan /Budget Positioning statement Phase 1I: March December 2069 Deliverables— Fitness and General Marketing 2 -day photo shoot Facility map 4 Rack cards (general, fitness, pool, teens) 3 Direct mail postcards (summer '09, winter '09, spring '10) Masthead template for schedules and the rate sheet (using the "fitness" color palette) New formatting for schedules and the rate sheet 4 seasonal coupons for quarterly specials New website: ItA11H ppensHere.o_ Deliverables— Rental Presentation folder Letterhead using the "rental" color palette Full-color bi -fold brochure Full -color fact sheet for business rentals Full -color fact sheet for special events such as weddings Other New promotional items such as high -end water bottles sporting new Togo /colors Splash Cafe (naming, grand opening event, consistent signage with FWCC graphics) Re -named the Banquet Rooms A, B C or 1, 2, 3: Alder Room, Birch Room, Cedar Room Re -named the Senior Lounge: Forest Lounge Switched to an online advertising contract with the Federal Way Mirror (saves money, allows tracking, provides 24/7/365 exposure Saving costs by using outside printers in mass quantities rather than in -house copiers. To come Updated inside signage New graphic templates for Group Fitness and Personal Training posters New graphic templates for key FWCC event posters such as Kid Escape Advertising plan— coming in 2010 6 Federal Way Community Center Key Indicators 2009 Year -to -Date Overall attendance: Overall attendance for 2009 o is trackin g about 6% ahead of 2008 numbers. Overall attendance was 300,000 for 2008, projected to be at 320,000 for 2009. Pass Sales: Membership pass sales exceeded budget expectations in 2008 and are tracking 1% ahead of at the end of the 3` quarter of 2009. Pass sales have remained strong throughout 2009, roughly 8% higher in average membership per month_ Changes to fees to make some laps more affordable, along with P g the addition of "low- income" pricing have impacted overall revenues, but led to increased numbers and usage. Daily Drop -in Passes: Sales through the end of the r quarter are 2% higher than 2008 YTD numbers o $270K versus $265K Rentals: Rental revenues are up 6% from 2008 YTD. o Due t8 35% increase in Special/Event bookings and revenue 19% increase in Business Meeting bookings and revenue Other categories: New and/or Improved Programs o Additional Youth Athletic Programs, Kid's Love Soccer, etc Exceeding 2008 numbers by $24K o Adult Fitness Programs, like Biggest Loser Exceeding 2008 numbers by $62K o Aquatics Lessons Exceeding 2008 numbers by $17K Hosting Community Programs o Highline ESL classes o King County Library Service Taxes Legal o Evergreen Korean Elders Organization Recreation programs benefitting greatly from improved amenities and services o Summer Camp, other Camp offerings 100% increase in enrollment o Senior Meal programs and social offerings o New and/or improved Adult Athletics offerings Examples: Volleyball, Women's Basketball, Co -Ed Dodgeball 7 COUNCIL MEETING DATE: December 15, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION TO ADOPT POLICY PROHIBITING GENDER DISCRIMINATION IN COMMUNITY ATHLETICS PROGRAMS POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT A POLICY PROHIBITING GENDER DISCRIMINATION IN COMMUNITY ATHLETIC PROGRAMS? COMMITTEE: PRHS &PS MEETING DATE: December 8, 2009 CATEGORY: Consent Ordinance Public Hearing City Council Business Resolution 111 Other STAFF REPORT BY: JOHN HUTTON RECREATION SUPERVISOR DEPT: PRCS Background: In 2009 the State Legislature enacted Engrossed Substitute Senate Bill 5967 prohibiting unfair practices in public athletic programs by barring discrimination on the basis of sex. This law: 1) Prohibits gender discrimination in the operation of community athletics programs; 2) Prohibits gender discrimination by a third party receiving a lease or permit from the City for a community athletic program (e.g. sports field rental); 3) Requires the City to adopt a non discrimination policy by January 1, 2010; 4) Requires the City to assign employees responsible for compliance; 5) Requires the City to publish and disseminate the policy. The Parks, Recreation, and Cultural Services Department currently administers programs, activities and facility allocations in a non discriminatory manner. The City, however, has not published a policy specifically prohibiting gender discrimination in our athletic programs. Adopting the proposed Non- Discrimination in Community Athletics Programs Policy would satisfy the legal requirements of ESSB 5967 and would promote equal access to community athletic programs by reinforcing current non discriminatory practices. Attachments: Proposed resolution adopting a non- discrimination in community athletics programs policy and ESSB 5967. Options Considered: 1. Approve the proposed resolution to adopt a policy prohibiting gender discrimination in community athletics programs. 2. Modify the proposed resolution_ 3. Reject the proposed resolution. STAFF RECOMMENDATION: Approve Option 1 CITY MANAGER APPROVAL:A 1 4 DIRECTOR APPROVAL; Committee Council Committee Council 9 COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of Option 1 approving resolution to adopt a policy prohibiting gender discrimination in community athletics programs." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED I reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE# REVISED 02/06/2006 RESOLUTION 10 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Adopting a Policy Prohibiting Gender Discrimination in Community Athletics Programs WHEREAS, in 2009 the State Legislature enacted Engrossed Substitute Senate Bill (ESSB) 5967 prohibiting unfair practices in public athletic programs by barring discrimination on the basis of sex; and WHEREAS, ESSB 5967 prohibits gender discrimination in the operation of community athletics programs, prohibits gender discrimination by a third party receiving a lease or permit from the City for a community athletic program (e.g. sports field rental), requires the City to adopt a non- discrimination policy by January 1, 2010, requires the City to. assign employees responsible for compliance, and requires the City to publish and disseminate the policy; and WHEREAS, the Parks, Recreation and Cultural Services Department currently administers programs, activities and facility allocations in a non- discriminatory manner; and WHEREAS, the City has not published a policy specifically prohibiting gender discrimination in our athletic programs; and WHEREAS, adopting the attached Non Discrimination in Community Athletics Programs policy would satisfy the legal requirements of ESSB 5967 and would promote equal access to community athletic programs by reinforcing current non-discriminatory practices; g ry P NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Resolution No 09- Page 1 of 3 Rev 3/09 11 Section 1. The Non Discrimination in Community Athletics Programs Policy "Policy attached hereto as Exhibit A and incorporated by this reference is hereby adopted_ This Policy is to be disseminated as required by ESSB 5967 no later than January 1, 2010. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY Resolution No. 09- Page 2 of 3 Rev 3/09 12 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\resolution\2009\non- discrimination in community athletics programs policy Resolution No.09- Page 3 of 3 Rev 3/09 13 Exhibit A CITY OF Federal Way NON- DISCRIMINATION IN COMMUNITY ATHLETIC PROGRAMS Purpose: To establish policy and procedure to provide equal access to public community athletic programs and sports facilities by prohibiting discrimination on the basis of sex. Policy: The City of Federal Way does not discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletic programs or sports facilities. Definitions: Community Athletic Programs Any athletic program that is organized for the purposes of training for and engaging in athletic activity and competition that is in any way operated, conducted, administered or supported by the City of Federal Way. Sports Facilities Any property owned, operated or administered by the City for the purposes of training for and engaging in athletic activity and competition. Procedures: 1. Community Athletic Programs administered by the City's Parks and Recreation Department will be operated in a manner that promotes equal opportunities for females and males. 2. The City Parks and Recreation Department will allocate and schedule Sports. Facilities in a manner that provides equal access to all Community Athletic Programs. 3_ The City will not issue a lease or permit for use of any Sports Facility to a third party that discriminates against any person on the basis of sex in the operation, conduct or administration of a Community Athletic Program. 4. This policy will be posted on the City website, along with the name, office address and office telephone number of any employee responsible for carrying out compliance with this policy. 5. This policy, and the name, office address and office telephone number of any employee responsible for carrying out compliance with this policy will be included in all City publications that contain information about athletic programs or facilities operated or administered by the City_ Reporting: Any citizen who feels she or he has been the victim of discriminatory treatment in violation of this policy should report this concern to the Parks Director, the Community Center Supervisor, or the Recreation Supervisor for appropriate investigation. (Attachment A) 14 Exhibit A ATTACHMENT A Employees Responsible for Carrying Out Compliance Doug Nelson Community Center Supervisor Federal Way Community Center PO Box 9718 Federal. Way, WA 98063 -9718 253- 835 -6930 John Hutton Recreation Supervisor Federal Way Community Center PO Box 9718 Federal Way, WA 98063 -9718 253- 835 -6928 Cary M. Roe Parks Director Federal Way City Hall PO Box 9718 Federal Way, WA 98063 -9718 253- 835 -6901 15 ENGROSSED SUBSTITUTE SENATE BILL 5967 AS AMENDED BY THE HOUSE Passed Legislature 2009 Regular Session State of Washington 61st Legislature 2009 Regular Session By Senate Government Operations Elections (originally sponsored by Senators Kohl Welles, Fairley, Fraser, McAuliffe, and Kline) READ FIRST TIME 02/24/09. 1 AN ACT Relating to prohibiting unfair practices in public community 2 athletics programs by prohibiting discrimination on the basis of sex; 3 adding new sections to chapter 49. g p 49.60 RCW; adding a new section to 4 chapter 35.21 RCW; adding a new section to chapter 35.61 RCW; adding -a 5 new section to chapter 35A.21 RCW; adding a new section to chapter 6 36.01 RCW; adding a new section g to chapter 36.6 p 36.68 RCW; adding a new I I 7 section to chapter 36.69 RCW; and creating a new section. P g 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. Sec. 1. The legislature finds and declares: 10 On June 23, 1972, President Richard Nixon signed into law Title IX 11 of the Education Amendments of 1972 to the 1964 Civil Rights Act. This 12 landmark legislation provides that: "No person in the United States 13 shall, on the basis of sex, be excluded from participation in, be 14 denied the benefits of, or be subjected to discrimination under any 15 education program or activity receiving Federal financial 16 assistance.__." Title IX has expanded opportunities for males as well 17 as females in educational programs and activities,.,including ensuring 18 access to athletic opportunities for girls and women in educational 19 institutions and to male and female staff to coaching and athletics p. 1 ESSB 5967.PL 16 1 administrative positions in educational institutions_ The dramatic 2 increases in participation rates at both the high school and college 3 levels since Title. IX was passed show that when doors are opened to 4 women and girls, they will participate_ 5 Further, ensuring equality in the state of Washington, the 6 legislature passed an amendment to the state Constitution, ratified by 7 the voters in November 1972, providing "Equality of rights and 8 responsibilities under the law shall not be denied or abridged on 9 account of sex." In 1975, Washington continued to be at the forefront 10 of this issue by adopting legislation that established our own 11 statutory version of the federal Title IX law that prohibited 12 "inequality in the educational opportunities afforded women and girls 13 at all levels of the public schools in Washington state." 14 Athletic opportunities provide innumerable benefits to 15 participants, including greater academic success, better physical and 16 psychological health, responsible social behaviors, and enhanced 17 interpersonal skills. Athletic scholarships make it possible for some 18 young people to attend college. The Washington state legislature, 19 recognizing the importance of full participation in athletics, has 20 passed numerous bills directed at achieving equity and eliminating 21 discrimination in intercollegiate athletics in the state's institutions 22 of higher education_ 23 Despite advances in educational settings and efforts by some local 24 agencies to expand opportunities in community athletics programs, 25 discrimination still exists that limits these opportunities. it is the 26 intent of the legislature to expand and support equal. participation in 27 athletics programs,, and provide all sports programs equal access to 28 facilities administered by cities, towns, counties, metropolitan park 29 districts, park and recreation service areas, or park and recreation 30 districts_ 31 Nothing in this act is intended to affect the holding in the 32 Washington state supreme court's ruling in Darrin v. Gould, 85 Wn.2d 33 859, 540 P.2d 882 (1975) and its progeny that held it is not acceptable 34 to discriminate in contact sports on the basis of sex. 35 NEW SECTION. Sec. 2. (1) No city, town, county, or district may 36 discriminate against any person on the basis of sex in the operation, 37 conduct, or administration of community athletics programs for youth or ESSB 5967_PL p_ 2 17 1 adults. A third party receivirig a lease or permit from a city, town, 2 county, district, or a school district, for a community athletics 3 program also may not discriminate against any person on the basis of 4 sex in the operation, conduct, or administration of community athletics 5 programs for youth .or adults. 6 (2) The definitions in this subsection apply throughout this 7 section. 8 (a) "Community athletics program" means any athletic program that 9 is organized' for the purposes of training for and engaging in athletic 10 activity and competition and that is in any way operated, conducted, 11 administered, or supported by'a city, town, county, district, or school 12 district other than those offered by the school and created solely for 13 the students by the school. 14 (b) "District" means any metropolitan park district, park and 15 recreation service area, or park and recreation district. 16 NEW SECTION. Sec. 3. (1) By January 1, 2010, each city, town, 17 county, or district operating a communi,ty athletics program or issuing 18 permission to a third party for the operation of such program on its 19 facilities shall adopt a policy that specifically prohibits 20 discrimination against any person on the basis of sex in the operation, 21 conduct, or administration of community athletics programs for youth or 22 adults. 23 (2) It is the responsibility of each city, town, county, or 24 district operating a community athletics program or issuing permission 25 to a third party for the operation of such program on its facilities to 26 publish and disseminate this policy. At a minimum, the 27 nondiscrimination policy should be included in any publication that 28 includes information about the entity's own athletics programs, or 29 about obtaining a permit for operating athletics programs and on the 30 appropriate city, town, county, or district web site. 31 (3) School districts issuing permission to a third party for the 32 operation of a community athletics program on its facilities shall also 33 follow the provisions of this section but may modify and use existing 34 school district policies and procedures to the extent that is possible. 35 Nothing in this section may be construed to require school districts to 36 monitor compliance, investigate complaints, or otherwise enforce school 37 district policies as to third parties using school district facilities. p. 3 ESSB 5967.PL 18 y. 1 (4) Every city, town, county, or district covered by this section 2 should also publish the name, office address, and office telephone 3 number of the employee or employees responsible for its efforts to 4 comply with and carry out its responsibilities under this act. 5 NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW 6 to read as follows: 7 The antidiscrimination provisions of section 2 of this act apply to 8 community athletics programs and facilities operated, conducted, or 9 administered by a city or town. 10 NEW SECTION. Sec. 5. A new section is added to chapter 35.61 RCW 11 to read as follows: 12 The antidiscrimination provisions of section 2 of this act apply to 13 community athletics programs and facilities operated, conducted, or 14 administered by a metropolitan park district. 15 NEW SECTION. Sec. 6. A new section is added to chapter 35A.21 RCW 16 to read as follows: 17 The antidiscrimination provisions of section 2 of this act apply to 18 community athletics programs and facilities operated, conducted, or 19 administered by a code city. 20 NEW SECTION. Sec. 7. A new section is added to chapter 36.01 RCW 21 to read as follows: 22 The antidiscrimination provisions of section 2 of this act apply to 23 community athletics programs and facilities operated, conducted, or 24 administered by a county. 25 NEW SECTION_ Sec. 8. A new section is added to chapter 36.68 RCW 26 to read as follows: 27 The antidiscrimination provisions of section 2 of this act apply to 28 community athletics programs and facilities operated, conducted, or 29 administered by a park and recreation service area. 30 NEW SECTION. Sec. 9. A new section is added tQ chapter 36.69 RCW 31 to read as follows: ESSB 5967_PL p. 4 19 1 The antidiscrimination provisions of section 2 of this act apply to 2 community athletics programs and facilities operated, conducted, or 3 administered by a park and recreation district. 4 NEW SECTION. Sec. 10_ Sections 2 and 3 of this act are each added 5 to chapter 49.60 RCW. END p- 5 ESSB 5967.PL 20 COUNCIL MEETING DATE: December 15, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SPRINT/NEXTEL SITE LEASE RENEWAL— SACAJAWEA PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF tHE WIRELESS SITE LEASE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT? COMMITTEE: PARKS RECREATION PUBLIC SAFETY MEETING DATE: 12/8/2009 CATEGORY: Consent Ordinance Public Hearing City Council Business Resolution Other STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law Nextel West Corp entered into a Lease Agreement with the City on December 28, 1999 for installation and operation of certain equipment on City owned land located at Sacajawea Park for use in connection with its wireless telephone communications service. The 1999 Lease Agreement provided for rental fees in the amount of $975.00 per month with a 4% increase each year. In 2004, the contract was extended for an additional 5 year term and in 2005 an amendment was executed to add additional lease space. The lease will expire on December 28, 2009 and Nextel has requested to renew the lease for an additional five -year term pursuant to the terms of the lease. During negotiation of the Amendment, the City requested that the rental fees increase to $2,249.73 with a 4% increase each year throughout the term. Options Considered: 1. Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. 2 Reject the lease renewal STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. ukv /1 CITY MANAGER APPROVAL:13 DIRECTOR APPROVAL: plik Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL tt DENIED I"T reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE q REV ISED 02/06/2006 RESOLUTION /4 21 SECOND AMENDMENT TO LEASE AGREEMENT FOR NEXTEL WEST CORP (AG 00 -007) This Second Amendment to Site Lease Agreement "Amendment is dated effective this day of 2009, and is entered into by and between the City of Federal Way, a Washington municipal corporation "City"), and Nextel West Corp, a Delaware corporation, "Tenant A. The City and Tenant entered into a Lease Agreement dated effective December 28, 1999, as amended by First Amendment dated September 30, 2005, whereby the City agreed to lease to Nextel West Corp, as Tenant, a portion of the space on and air -space above the City Property "Lease B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years. 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. Term. Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5) year term commencing on December 28, 2009, and expiring December 27, 2014, unless renewed pursuant to the terms of the Lease. 3. Rent. Tenant shall pay to the city rental fees in the amount of $2,249.73 per month, due on the 5 of each month. The Rent shall be increased by four percent (4 per year throughout the term of the lease. 1 22 Site ID: WA0226 -A 4. Notices. Section 16 of the Lease shall be amended to change the notices addresses for the City and Tenant as follows: If to City: City Attorney P.O. Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 With a copy to: City Manager PO Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 If to Tenant: Sprint Nextel Property Services Mailstop: KSOPHT0101 -Z2650 6391 Sprint Parkway Overland Park, KS 66251 -2650 with a copy to: Sprint Nextel Law Department Mailstop KSOPHT0101 -Z2020 6391 Sprint Parkway Overland Park, KS 66251 -2020 Attn: Real Estate Attorney 5. Full Force and Effect. All other terms and conditions of the Lease not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Brian Wilson, Interim City Manager PO Box 9718 Federal Way, WA 98063 -9718 ATTEST: APPROVED AS TOFORM: Carol McNeilly, CMC, City Clerk Patricia A. Richardson, City Attorney 2 23 Site ID: WA0226 -A