PRHSPSC MINS 04-08-2014City of Federal Way
City Council
PARK_ S, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, April 8, 2014
5:30 p.m.
SUMMARY
Committee Members in Attendance: Chair Honda, Committee member Duclos, Committee member Moore (via
phone).
Council Members in Attendance: Deputy Mayor Burbidge
Staff Members in Attendance: Ken Miller, Interim Director Parks, Recreation & Cultural Services, Amy Jo
Pearsall, City Attorney, Brian Wilson, Chief of Staff, Andy Hwang Interim Chief of Police, Jay Bennett, Human
Services Manager, Steve Ikerd, Parks & Facilities Manager, and Mary Jaenicke, Administrative Asst. IL
Guests: Diana Noble - Gulliford — Historical Society of Federal Way, Doug Baxter — St. Francis Hospital, Erika
Skein & DeAnna Nugent — Relay for Life, Mary Schultz — Human Services Commission
Chair Honda called the meeting to order at 5:30p.m.
Public Comment: Ms. Noble - Gulliford stated that there is an increase of car break-ins in the parking lot of the
Denny Cabins. A lot of these break-ins are occurring during the day. She is requesting that "low key" visiblesignage
be placed around the parking lot advising people to not leave valuables visible in their car, and to please enjoy the
park. Chief Hwang stated that he has been working with the PaiCs department for signs at the Hylebos and at Dumas
Bay Park. There has been surveillance and extra patrols at those locations.
Committee member Duclos moved to amend the agenda to add the items G— AT &T Cell Site Lease
Amendment — Aquatic Center / BPA and item H — Ordinance — Diversity Commission Residency. Chair
Honda seconded. Motion passed.
Committee member Moore joined the meeting via phone.
Public Comment continued: Doug Baxter wanted to thank the Human Services Commission for recommending the
funding of $750 for the Camelot Square cleanup. They are partnering with the Federal Way AmeriCorps team and
Camelot Square Mobile Home Park management. They are going to be helping Camelot Square residents with yard
work, and outside mobile home repair.
Erica Skein- is a volunteer for the American Cancer Society Relay for Life, andshe wanted to thank Human Services
for considering them for funding for the Relay for Life event for 2014. The event wil be held June 6 and 7 at
Saghalie Middle School. The funding will allow them to take more of the money that they raiseand put it more
directly to the cause to fight cancer.
DeAnna Nugent — At the Relay for Life Event this year, they will have a Health and Wellness Fair to kick -off the
event. This fair will be open to everybody in the community. There will be over 30 vendors in attendance. These
are vendors that offer services to people in the Federal Way community. The Fair will be held at Saghale on June 6
from 5:00pm — 8:00pm. The Relay for Life event will start at 6:00pm.
Commission Comment: None
APPROVAL OF MINUTES
Chair Honda stated that at the last meeting Deputy Mayor Burbidge was a member and Council member Maloney
was a member; they are no longer members, so this will be moved to the consent agenda on April 15, 2014.
BUSINESS ITEMS
2014 Community Enhancement Grant Allocations
Mr. Bennett stated that this is to award the 2014 Community Enhancement Grants in the amount of $20,000. 23
applications were received for a total request of $24,670 in grant funds. Council revised the policies for 2014. There
were two application options for Federal Way groups; a small grant for ($750) that will have a more localized impact
and a larger grant, which is a matching grant ($1,500) this will have a more far reaching community impact. The
Human Services Commission rated the applications individually, and then compiled their scores. They are
recommending 9 projects in the small group for a total of $6,750 and 9 projects in the matching grants for a total of
$13,250. Committee member Duclos asked if Hillside Park located in the Twin Lakes area was a private or public
K:\PRHSPS Committee\2014 \04082014 prhsps Min.doc
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, April 8, 2014 Summary
Page 2
park. Mr. Bennett was not sure, but the park is in the confines of the development. Committee member Duclos,
asked if this is something that the city has done before, or is the city setting a precedent. Mr. Bennett answered that
it was not expressly prohibited within the policies of Council. Deputy Mayor Burbidge asked if these facilities
would be open to the general public. Chair Honda stated that she would like to give the Federal Way Community
Chess Club $750 for Chess Tournaments. The Committee would like to know if the Hillside Park will be open to the
public. Chess Tournaments would be open to the public. Human Services Commissioner Mary Schulz stated that
there are seven commissioners, and they put in their scores and it was divided by seven. The Chess Club came in at
the bottom. When the commission did their decision making nobody had any issues with the groups that scored on
the bottom. Ms. Schulz added that there is different criteria this year; the criteria was can it bring in more people in
their own community, and it was believed that if picnic tables were added to the park, it would bring in more people.
Mr. Bennett stated that staff would follow up to see if it will be open to the public, and provide that information at
the Council meeting. Mr. Wilson provided the historical background information on how the funding came about. It
originated from the City Manager form of Government. When the strong Mayor form of Government started, there
was a move to put it back to the Human Services Commission to make the decisions. The Mayor's office is looking
at different means to administer this moving forward. Committee member Duclos stated that she would like to see it
go back to the Mayor's office. The Grants are small, and she is unaware of what the criteria are. She stated Mayor's
office should have a way to fund things. Committee member Duclos moved to forward the Human Services
Commission's funding recommendations for the 2014 Community Enhancement Grants to the April 15, 2014
consent agenda for approval. Committee Moore seconded. Motion passed. This is Mr. Bennett's last meeting,
and the Committee thanked him for everything that he has done.
Family Funland Labor Contract Change Order
Mr. Ikerd stated that there were unforeseen costs increase associated with tax, and they were unable to find any
Apprentice Carpenters. This resulted in an increase of $3,702.53. They are requesting approval of a Change Order
to cover the increase. No Discussion was held. Committee member Duclos moved to forward the authorization
of a change order for Family Funland Labor contract for $3,702.53 to Danneko Construction and authorize
the Mayor to sign said change order to the full Council April 15, 2014 consent agenda for approval.
Committee member Moore seconded. Motion passed.
Danneko Retainage Release
Mr. Ikerd reported that Danneko was contracted to provide labor for the renovation work on the Family Funland
playground. This was a two week project. Prior to the release of retainage on ary Public Works project, the City
Council must accept the work as complete to meet State Department of Revenue and Departnent of Labor and
Industries. The amount of the retainage held was $4,252.67. No discussion was held.Committee member Duclos
moved to forward the acceptance of the Danneko Construction contract as complete and forward the
authorization of staff to release their $4,252.67 retainage to the full Council April 15, 2014 consent agenda for
approval. Committee member Moore seconded. Motion passed.
Fiscal Year 2014 State Criminal Alien Assistance Program ( SCAAP) Grant Application
Chief Hwang stated that this grant will pay for the salary associated with incarcerating undocumented criminal aliens.
Last year they applied for this grant and were reimbursed $3,380.00. No discussion was held.Committee member
Duclos moved to forward the request for the SCAAP Grant for the City of Federal Way to the April 15, 2014
City Council Agenda. Committee member Moore seconded. Motion passed.
Washington Traffic Safety Commission (WTSC) Grant— Amendment #1 for Impaired Driving and Seat Belts
Chief Hwang reported that the Federal Way Police Department is requesting approval to receive additional funding
from the Traffic Safety Commission. This will go towards their DUI and seatbelt enforcement. The additional
funding amount is $1,460. The total funding to the Police Department will be $9,460. No discussion was held.
Committee member Duclos moved to forward approval for the City of Federal Way to accept the additional
funding from WTSC to the April 15, 2014 Consent agenda for approval. Committee member Moore
seconded. Motion passed.
AT &T Cell Site Lease Amendment
Ms. Pearsall stated that when they were updating the formula that determines rental rates, they were in the middle of
negotiations with AT &T. AT &T were; at a 4% annual increase, and now it is a 3% annual increase. No discussion
was held. Committee member Duclos moved to forward the Fourth Amendment to the AT &T Site Lease on
the BPA Trail to the April 15, 2014 consent agenda for approval. Committee member Moore seconded.
Motion passed.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, April 8, 2014 Summary
Page 3
Ordinance — Diversity Commission Residency
Ms. Pearsall stated that in 2013 the requirements to serve on the Diversity commission were changed. In order to be
eligible to serve on the Diversity Commission, you needed to live within the city limits. There were two Diversity
Commissioners who lived outside of the limits. A grandfathering clause was placed in that amendment. It was not
clear that the grandfathering only applied to their current term. One of the commission members term is up, and they
have asked if they may reapply. This amendment will allow them to reapply, and be reappointed as long as it is a
continuation of their current membership on the commission. This will only apply to current members. Committee
member Duclos moved to forward the proposed ordinance for First Reading at the April 15, 2014 City
Council meeting. Committee member Moore seconded. Motion passed.
PENDING ITEMS
None
NEXT MEETING
May 13, 2014 at 5:30pm
ADJOURNMENT
Meeting adjourned at 6:04p.m.
COUNCIL MEETING DATE: April 15, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AT &T CELL SITE LEASE AMENDMENT — AQUATIC CENTER / BPA
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE AMENDMENT OF THE WIRELESS SITE LEASE
AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT?
COMMITTEE: PRHSPS
MEETING DATE: APRIL 8, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall, Deputy City Attorney DEPT: Law
AT &T entered into a Lease Agreement with the City on August 6, 2001 for installation and operation of certain
equipment on City owned land located on the BPA trail for use in connection with its wireless telephone
communications service. The lease was renewed in 2007 and 2011 and amended in 2014 (third amendment) after
an agreement on the correct rental rate was reached. During the negotiation of the third amendment, the city was
in the process of revising its internal guidelines regarding administration of telecom leases. The third amendment
includes language that would allow those guidelines to be applied to this Lease Agreement should the amount for
annual escalation of rent become less than four percent (4 %). The City Council has adopted revised internal
guidelines that provide for a three percent (3 %) annual escalation in Rent. This fourth amendment will decrease
the annual escalation rate for this Lease Agreement from four percent (4 %) to three percent (3 %), pursuant to the
terms of the third amendment.
Options Considered: 1. Recommend approval of the lease amendment and authorize the Mayor to
execute the amendment.
2. Reject the lease amendment
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: A DIRECTOR APPROVAL:_
.n Co il Initial
CHIEF OF STAFF: ,i(y
Co ttee
COMMITTEE RECOMMENDATION: I move to forward the Fourth Amendment to the AT&T Site Lease on the BPA
trail, to the April 15, 2014 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Fourth Amendment to the AT &T Site Lease on the
BPA trail, decreasing the annual escalation rate to three percent (3%), and authorize the Mayor to sign said
amendment"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
isT reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 08/12/2010
RESOLUTION #
Market: PNW
Site #: SS40
Site Name: Aquatic Center
Fixed Asset No.: 10092633
FOURTH AMENDMENT TO LEASE AGREEMENT
(AG #01 -121)
THIS FOURTH AMENDMENT TO LEASE AGREEMENT ( "Amendment "), dated as of the latter of the
signature dates below, is by and between the City of Federal Way, a Washington municipal corporation, having a
mailing address of 33325 - 8`h Ave South, Federal Way, WA 98003 ( "City ") and New Cingular Wireless PCS,
LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West
Tower, Atlanta, GA 30324 ( "Tenant "). The foregoing named parties to this agreement may be individually referred
to as a "Party," and collectively referred to as the "Parties."
WHEREAS, City and Tenant entered into that certain Lease dated August 6, 2001, as amended by that
certain First Amendment to Lease Agreement (AG #01 -121) dated January 31, 2007, and that certain Second
Amendment to Lease (AG #01 -121) dated November 8, 2011, and that certain Third Amendment to Lease
Agreement (AG #01 -121) dated January 30, 2014 (collectively, the "Lease "), whereby City leased to Tenant certain
Premises, therein described, that are a portion of the City Property Iocated on the BPA Trail; and
WHEREAS, The City has revised its internal guidelines regarding administration of telecom leases located
on City owned real property.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, City and Tenant agree as follows:
1. That Section 5.b., Rent, of the Lease is hereby amended as follows:
b. The Rent shall be increased by three percent (3 %) per year throughout the Term of this
Lease and Renewal Terms (if any). Each 3% increase shall become effective January 1St of each calendar
year.
2. That City's notice addresses set forth in Section 19, Notices, of the Lease are hereby deleted in their
entirety and replaced with the following:
If to City, to: City of Federal Way
Mayor's Office
33325 8th Ave South
Federal Way, WA 98003
With copy to: City of Federal Way
City Attorney's Office
33325 8th Ave South
Federal Way, WA 98003
3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this
Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease
otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed
also to refer to this Amendment.
4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as
defined in the Lease.
SS40 / Aquatic Center — Fourth Amendment
IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written
below.
CITY:
City of Federal Way, a Washington municipal
corporation
By:
Jim Ferrell, Mayor
Date:
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT &T Mobility Corporation
Its: Manager
By:
Print Name:
Its:
Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
SS40 / Aquatic Center — Fourth Amendment 2
TENANT ACKNOWLEDGMENT
STATE OF
} ss:
COUNTY OF )
On the day of , 20_, before me personally appeared
, and acknowledged under oath that he /she is the of
AT &T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the
attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant.
Notary Public:
My Commission Expires:
LANDLORD ACKNOWLEDGMENT
STATE OF
) ss:
COUNTY OF
On the day of , 20_ before me, personally appeared
, who acknowledged under oath, that he /she is the person/officer named
in the within instrument, and that he /she executed the same in his/her stated capacity as the voluntary act
and deed of Landlord for the purposes therein contained.
Notary Public:
My Commission Expires:
SS40 / Aquatic Center— Fourth Amendment
COUNCIL MEETING DATE: April 15, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE — DIVERSITY COMMISSION RESIDENCY
POLICY QUESTION: Should the City Council amend Federal Way Revised Code 2.65.030(4) to allow current
Commissioners who reside outside of the City to reapply and be reappointed to serve on the Diversity
Commission?
COMMITTEE: PRHSPS MEETING DATE: April 8, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall, De u City Attorney DEPT: Law
In 2013, Council directed that the residency requirement for the Diversity Commissioners be limited to the City
boundaries instead of the School District boundaries to be consistent with other commissions and boards. At that
time, current commissioners living outside of the City were permitted to finish his/her term. The attached
proposed ordinance would allow those commissioners to reapply and be reappointed to the Commission even if
they still reside outside of the City boundaries.
Options Considered: 1. Approve and adopt the proposed ordinance.
2. Reject the proposed ordinance.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
CHIEF OF STAFF:
i_ DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for First Reading at the April 15,
201 City Council meeting.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (APRIL 15): "1 move to forward the ordinance to the May 6, 2014, Council
Meeting for adoption. "
2ND READING OF ORDINANCE (MAY 6): "1 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the residency requirement for Diversity Commissioners; amending
FWRC 2.65.030. (Amending Ordinance Nos. 92-141,93-203,96-283,06-
531and 13 -748)
WHEREAS, the Federal Way City Council created a Diversity Commission by Ordinance
No. 92 -141; and
WHEREAS, in 2013 the City Council determined that it would be in the best interest of the
citizens to amend the residency requirement for the Diversity Commissioners to within the City
corporate limits; and
WHEREAS, the City Council has further determined it would be in the best interest of the
City to allow those Commissioners who are currently on the Commission but do not meet the
residency requirement to be eligible to reapply for a place on the Commission after his or her term
expires;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 2.65.030 is hereby amended to read as follows:
2.65.030 Membership.
(1) The diversity commission shall consist of nine members appointed by the city council.
(2) The diversity commission shall serve without compensation.
(3) Each member shall serve a term of three years. The city council shall annually appoint new
members to fill the expiring terms on the diversity commission. If, for any reason, a vacancy
occurs during the term of a diversity commission member, the city council shall appoint a new
Ordinance No. 14- Page 1 of 3
Rev 1/10
member to fill the unexpired term of that member. The city council may remove a diversity
commission member at any time if the city council determines that member is not fulfilling his or
her responsibilities to the satisfaction of city council. All members of the diversity commission
shall serve until their successors are duly appointed by city council.
(4) Effective November 1, 2013, persons appointed to serve on the commission shall reside
within the corporate limits of the city. Any person who is a commission member as of
November 1, 2013 and is currently residing outside of the city shall continue to serve his/her
term and is eligible to reapply and be reappointed as a member on the Commission.
(5) To the extent practicable, appointments shall reflect the diversity of all of the city.
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, 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
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance 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 ordinance is hereby ratified and affirmed.
Ordinance No. 14- Page 2 of 3
Rev 1 /10
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
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:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
KAordinance\2014 \code update - diversity comm reside
Ordinance No. 14-
Page 3 of 3
Rev 1 /10