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PRHSPSC PKT 10-10-2017City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee October 10, 2017 City Hall 5:00 .m. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description Presenter Page Action Council or Info Date A. Approval of September 12, 2017 Minutes 3 Action N/A B. Parks and Recreation Program Guide Geddes 25 Action Consent 10/17/17 C. Purchase a new Radar Speed Trailer with Traffic Safety Hwang 27 Action Consent Funds 10/17/17 D. Target Corporation Grant Hwang 35 Action Consent 10/17/17 E. Staff Recommendation Regarding Lake Jeane Weidenfeld 41 Information N/A Only 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS Festivals 7. NEXT REGULAR MEETING: November 14, 2017 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa- Dawson Martin Moore K: \PRHSPS Committee \2017 \10 -10 -2017 Agenda.doc 1 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II This Page Left Blank Intentionally City of Federal Way City Council _PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 12, 2017 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee member Moore, Committee member Assefa- Dawson Council Members in Attendance: Deputy Mayor Burbidge , Council member Duclos Staff Members in Attendance: Chief Andy Hwang, Yarden Weidenfeld, Senior Policy Advisor, Eric Rhoades, Assistant City Attorney, Theresa Thurlow, Surface Water Manager, John Hutton, Parks Director, Cody Geddes, Recreation Supervisor and Mary Jaenicke, Administrative Asst. I1. Chair Koppang called the meeting to order at 5:00pm Commission Comment: None Commissioner Assefa- Dawson motioned to move item C to the end of Committee Business, after item G. Council member Moore seconded. Motion passed. BUSINESS ITEMS Approval of Minutes Commissioner Assefa- Dawson motioned to approve the July 11, 2017 and August 23, 2017 minutes as written. Committee member Moore seconded. Motion passed. Arts Commission Contract for Services Application Changes and Updates — Information Only Mr. Geddes reported that Arts Commission Chair Dan Hershman felt that the Contract for Services Application needed to be updated. This was presented to the Arts Commission at their August meeting, and they agreed with the proposed changes. The goal of the changes is to make it easier for applicants to fill out and for commissioner review. Mr. Geddes reviewed the changes with the Committee. There were no questions or comments. Interagency Agreement Between Washington State Patrol and the Federal Way Police Department on Commercial Motor Vehicle Inspections Chief Hwang reported that the Department has an officer that is certified for commercial motor vehicle enforcement. The department partners with the State Patrol for commercial vehicle enforcement of the city streets, particularly on Highway 99. They have been partnering with the State Patrol since 2010. There were no questions or comments. Committee member Assefa- Dawson moved to forward the Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections to the September 19, 2017 Council consent agenda for approval. Committee member Moore seconded. Motion passed. Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration (DEA) HIDTA Task Force Agreements The Federal Way Police Department (FWPD) is a part of a regional drug task force called the Valley Narcotics Enforcement Team (VNET). This team is made up of 12 Detectives and two Supervisors. They are located within the City limits in a secret location. This Task Force is run by the Drug Enforcement Administration (DEA). This is a very effective team, taking down middle level to higher level drug dealers. This Agreement is effective through September 30, 2018 and will reimburse the City for the Officer's overtime up to $18,042.00. Committee member Moore oved to forward the Drug Enforcement Administration MOU and HIDTA Agreement between the City of Federal Way / K:\PRHSPS Committee\2017 \09 -12 -2017 Mins.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 12, 2017 Summary Page 2 Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration to the September 19, 2017 Council consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. Kine County Registered Sex Offender Cost Reimbursement Agreement This grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders. The maximum amount of the grant is $25,579.36. On a quarterly basis the detectives make physical contact with all level three sex offenders, they contact level two sex offenders every six months, and level one sex offenders are contacted annually. There were no questions or comments. Committee member Assefa- Dawson moved to forward the RSO Overtime Cost Reimbursement Agreement between the Federal way Police Department and the King County Sheriffs Office to the September 19, 2017 Council consent agenda for approval. Committee member Martin Moore seconded. Motion passed. Federal Way Police Department Substations — Information Only Chief Hwang stated that the FWPD has been approached by two organizations in the City wanting to partner with them to increase police visibility in particular areas. They are offering office space to patrol officers. They are also offering parking space along Pacific Highway, these parking spaces will be highly visible to motorist traveling north and south. The locations are at 30854 Pacific Highway South, and 29404 Pacific Highway South. There is no cost associated with using these two spaces. Committee member Moore asked if there would be any costs associated with these spaces in the future. Chief Hwang answered that they have been assured that there would not be any costs in the future. If there are costs, they have the option of moving out of the space. Lake Jeane Report Mr. Weidenfeld gave the presentation. The slides of his presentation are attached to the minutes. Committee comments: Chair Koppang stated that there are two parties that want to use the water from the lake. Their wants are in opposition to each other; the homeowners want to treat the lake so they can enjoy it, and the Country Club is concerned about damage to the greens if the lake is treated. The Country Club is required to replace the water that they take from the lake. There is a cost to the club if they solely use water from the well which is why there is some resistance from the club doing that. Committee member Moore inquired about the Cyano -Toxin testing of Lake Jeane and why were the test results taken from the residents above state standards, and the test results that were taken by the Country Club below the state standards? Mr. Weidenfeld clarified that there were also two samples taken by the club that were above standards. Ms. Thurlow added that the Cyano -Toxin colonies form in various locations in the lake and if the golf course comes out and takes a sample at their location at the well, there may not be any colonies there, but if the residents take a sample at the other end of the lake where the wind has pushed some of the algae colonies, then there may be Cyano- Toxins there. It has a lot to do with how the colonies bloom and die. Committee member Assefa- Dawson stated that if the city does not take any action, but chooses to get involved at some level, is it within the City's jurisdiction to come up with a resolution? Mr. Weidenfeld that he does not believe that there is anything that he has seen that creates a duty on the part of the city. But in the matter of equity and fairness the city can play a role in shepherding certain things such as lobbying for more funding, helping to apply for more funding, helping fostering negotiations, and explaining to people what their options are. Chair Koppang added that the challenge the city is facing is that if the City does take action, then they could be right in the middle of becoming the subject of a lawsuit. Committee member Moore acknowledged State Representative Kristine Reeves in the audience. He is looking forward to the January Legislative Session with the Representatives and identifying how we can move forward as partners. 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 12, 2017 Summary Page 3 Public Comment: Bob Woolley - Lake Jeane resident. Mr. Woolley distributed a picture of Lake Jeane. A sample from Lake Jeane was taken on August 1 and it was not at the recreational level and it registered as being toxic. Another sample was taken on September 11, and it was submitted to the King County lab for evaluation. The picture has been shared with DOE and the lab. The comments received are that this is a toxic lake. This is a property value and health hazard issue. Mr. Woolley stated that he came to the City Council in February because it is a health hazard. Mr. Woolley stated that he wants to be cooperative, and that he is speaking today only on his behalf. He thanked Yarden for his report and stated that he has prepared a critique of the report. He is asking that the City Council make a decision and act before the next election. Bob Rawlings - Vice President of the Twin Lakes Golf & Country Club. Mr. Rawlings stated that the club pumps the water from the aquifer into the lake. They monitor how long it takes, how much they pump and the rate of flow against their irrigation. If they were to do the $35,000 transfer to take it through their system that lake would evaporate and they wouldn't have a lake, and he does not think that this is a viable option. Chuck Anderson - Mr. Anderson stated that the majority of the phosphorous coming into Lake Jeane comes from Lake Lorene which goes under 324th and then comes out of Lake Jeane under 320`h and then into the sound. If water coming out of Lake Lorene's coming out of 324th, is it possible to culvert that past Lake Jeane and into the Sound. This would eliminate the phosphorous going into Lake Jeane, and the club could move water from Lake Jeane and then pump water back into Lake Jeane. Chair Koppang clarified that Joes Creek feeds Lake Lorene, which then feeds Lake Jeane, which then exits and goes onto the Sound. Patty Ward — Ms. Ward stated that one of slides in the presentation stated that the City could guide lakeside residents through the process and again serve as a sponsor subject to Mayor and City Council approval. She asked if this was something that the City Council could go forward with, and could there be a motion for that. Chair Koppang answered that the motion could happen in the Committee meeting either tonight, at a future meeting or go straight to Council. Ms. Ward said that it would be beneficial to have the support of the City. Committee member Moore would like to add to the record that the Katie Dean, Legislative Assistant to Representative Mike Pellicciotti was also in attendance. Chair Koppang would like a formalized recommendation for Council at the October meeting. COUNCIL DISCUSSION ON EMERGING ISSUES Committee member Moore would like the City Council to add a Senior Citizen Commission. He stated that the senior's deserve this, and it would be a way for senior's to have a direct voice on issues important to them, and programs that they want to see. Committee member Moore stated that there are several organizations that offer services; it's a challenge for the City to ensure that seniors know about those services that are available. He believes that having a commission could be a good way for the city to strengthen their advocacy and making sure the city is able to work with the senior citizen community. His vision is that the meetings would take place during the day, and they would collaborate and advise Council on policies. Mr. Hutton asked who he envisioned to staff the commission. Committee member Moore answered that this would be the Mayor's decision, but he thinks it would fall under the staff member that runs the senior programs. Mr. Hutton stated that this person also staff's the Youth Commission and this would be two Commission's for one person. The Parks Department currently staffs the Arts Commission, Youth Commission, Parks Commission and a Council Committee. It's a very heavy load considering the level of staffing. Committee member Assefa- Dawson stated that when the 5 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 12, 2017 Summary Page 4 Youth Commission was created, a sub - committee consisting of Council members and city staff was formed to develop a proposal, and the same format should be used to develop a proposal for a Senior Citizen Commission. Discussion was held on which department would staff the Senior Citizen Commission. PENDING ITEMS No discussion. NEXT REGULAR MEETING October 10, 2017 ADJOURNMENT Meeting adjourned at 6:56p.m. 10/4/2017 REPORT ON LAKE JEANE by Yarden F. Weidenfeld Senior Policy Advisor City of Federal Way Mayor's Office Two lakes within Twin Lakes Homeowners' Association (TLHOA) TLHOA Approximately 1500 homes. Lake Jeane Approximately 40 homes and Twin Lakes Golf & Country Club (TLGCC) surround it Ten acres • Lake bed owned by TLGCC • Water owned by State of Washington per State law • TLGCC has water right to withdraw water to irrigate golf course but must replace withdrawn water • Homeowners have non- exclusive easement in common with TLGCC to use and enjoy lake for recreation, subject to TLGCC right to remove water for irrigation • Lake Lorene • Surrounded by private homes and Treasure Island Park (owned by TLHOA) • Eight acres • Lake bed owned by TLHOA • Water owned by State of Washington per State law 7 1 10/4/2017 Blue -Green Algae • Both lakes have experienced for the last several summers • Not the same thing as other algae • Are actually bacteria known as cyanobacteria • Caused by excess nutrients (especially phosphorus) in water column as a result of urbanization • Problems — Unsightly — Bad Odor — Lower property values — May produce cyano- toxins 2016 was a relatively light year 8 2 10/4/2017 Cyano- Toxins • New, emerging area of scientific study • Health risks to people and animals who drink or recreate in affected water • Jury still out on whether could be airborne hazard • Level can be measured from samples taken from the lake — World Health Organization (WHO) has published guidelines for levels in drinking water — State of Washington and several other states have a standard for recreational water (and Environmental Protection Agency (EPA) recently proposed draft recreational standard) — No other standard based on scientific research exists • Levels can fluctuate even within hours 9 3 i Cyano- Toxins • New, emerging area of scientific study • Health risks to people and animals who drink or recreate in affected water • Jury still out on whether could be airborne hazard • Level can be measured from samples taken from the lake — World Health Organization (WHO) has published guidelines for levels in drinking water — State of Washington and several other states have a standard for recreational water (and Environmental Protection Agency (EPA) recently proposed draft recreational standard) — No other standard based on scientific research exists • Levels can fluctuate even within hours 9 3 10/4/2017 Cyano -toxin testing (Lake Jeane) Homeowners conducted sampling on Lake Jeane in 2014 and had samples tested • Testing showed level above Washington's recreational standard Both TLGCC and homeowners conducted sampling on Lake Jeane in 2015 and had samples tested — Disputes developed over how samples were taken — Homeowner results were above Washington's recreational standard — TLGCC results were generally below the recreational standard (though two of their results were also above the standard) City conducted sampling on Lake Jeane in 2016 and had samples tested • Did not find levels above Washington's recreational standard Treatment of Affected Lakes • only definitive method is to remove phosphorus from water column =major project that will take years — Recently concluded Upper Joe's Creek Nutrient Reduction Study by City of Federal Way Public Works Department in association with Herrera Environmental Consultants was a start in analyzing extent to which surface water (especially from Upper Joe's Creek) contributes phosphorus to Twin Lakes and potential causes of the phosphorus loading • No laws require treatment • Laws only require posting of Caution, Warning and Danger /Closed signs — Mandatory on public lakes — Guidelines for private lakes • There are approved (temporary) treatments — Algaecides — Temporary phosphorus inactivation (likely effective for only five years) — Need permit from Department of Ecology 10 4 10/4/2017 Treatment of Lake Lorene • TLHOA has treated Lake Lorene with approved experimental treatment of zero valent iron (temporary phosphorus inactivation) — Results acceptable to Lake Lorene homeowners — TLGCC disputes effectiveness — DOE considers effectiveness inconclusive — Results not necessarily the same for Lake Jeane (lower water volume and more water flow) Treatment of Lake Jeane • TLGCC has permit to treat Lake Jeane but has not treated it 2014 -2016 — Cost (12K to 25K per year) • Homeowners have offered to pay • Potential State grant funding — None proven effective (only definitive is removal of phosphorus from water supply— beyond TLGCC control) — Fear of damage to irrigation system and to greens — Willing to treat with carbon -based treatment • Would mitigate odor problem • Would possibly reduce phosphorus • Would be used only after appearance of cyanobacteria • Would not treat toxicity • Would only be used on small portion of Lake Jeane 11 5 10/4/2017 Treatment of Lake Jeane (Continued) • Homeowners prefer proactive temporary phosphorus inactivation treatments — Some seem to prefer aluminum sulfate ( "alum ") as used on Green Lake • Green Lake is much larger than Lake Jeane • Green Lake treatments costs $1,000,000 every 3 to 5 years — Others seem to prefer zero valent iron as used on Lake Lorene — Both of these treatments are opposed by TLGCC • State Department of Health (DOH) and Seattle & King County Public Health Department (PHSKC) — Did site visit to Lake Jeane in August 2015 — Recommended that all concerned parties work towards funding short -term treatment of Lake Jeane Lawsuit Filed March 2016 • Eight (originally nine) Lake Jeane homeowners sued TLGCC—Ward et. al. vs. Twin Lakes Golf & Country Club, King County Superior Court Case Number 16 -2- 07439 -1 • Ten other homeowners filed declarations supporting the plaintiffs • Original demand was that TLGCC treat lake 12 6 10/4/2017 Lawsuit (Continued) • Claim of Nuisance — Argued TLGCC has duty to treat lake • As part of duty to maintain water level Based on homeowner right to use and enjoy lake • Based on dues paid by homeowners — Most (not all) Lake Jeane homeowners must pay "associate member" dues of approximately $900 per year to TLGCC — Entitles use of club house, pool, and tennis courts but not golf course — Also argued TLGCC adds to problem by replenishing water taken for irrigation with phosphorus -rich ground water from well — Rejected by court — summary judgment granted to TLGCC Lawsuit (Continued) Claim of Breach of Contract; Breach of Easement; Breach of Declaration of Covenants, Conditions, and Restrictions — Plaintiffs position was TLGCC has duty to maintain water quality — TLGCC argued responsibility for maintenance and repair of easement belongs to owner of easement, i.e. homeowners — Plaintiffs responded: "Had the Club asserted this position from the beginning and granted Plaintiff's request to maintain Lake Jeane, Plaintiffs never would have filed this lawsuit" — Plaintiffs then asked Court to • "conclude that the Club has unreasonably interfered with Plaintiffs' easement right to use and enjoy Lake Jeane" by "continually preventing] Plaintiffs from maintaining Lake Jeane themselves" AND • grant order permitting them to maintain Lake Jeane 13 10/4/2017 Lawsuit (Continued) Claim of Breach of Contract; Breach of Easement; Breach of Declaration of Covenants, Conditions, and Restrictions (Continued) — Court initially rejected plaintiff claims • DOE, not TLGCC determined homeowners did not have right to treat • No evidence TLGCC took action preventing homeowners from use and enjoyment of lake — Court later granted motion to reconsider based partially on evidence that TLGCC had objected to homeowners' obtaining a permit to treat lake. — Complaint amended • DOE added as defendant • Asks for declaration that homeowners have right to treat Lake Jeane (subject to normal DOE permitting process) • Asks for injunction prohibiting TLGCC from unreasonably interfering with right to treat Lake Jeane Lawsuit (Current Status) Hearing June 16, 2017 • TLGCC attorney stated, "... [T]he Club has no authority or ability to stop them [i.e., the plaintiff homeowners] from (INAUDIBLE) doing what they wish to do [i.e., treat Lake Jeane]" • King County Superior Court Judge Ken Schubert then stated, "... [T]hat's fantastic news. Put that in an ... let's put that in an order: `The Club has no ability to prevent the plaintiffs from treating the lake. "' • After some more clarification from TLGCC attorney about protecting TLGCC's right to withdraw water from Lake Jeane so that it does not harm their property, Judge Schubert added, "'Subject to what it's in the, it's in the easement. "' • After lengthy recess, parties reported progress —said very close but needed to discuss details with DOE Subsequent July 21, 2017 and August 4, 2017 hearings stricken Parties still state working on settlement agreement and expect matter to settle 14 8 10/4/2017 Second Court Case • Lake Jeane homeowner Bob Woolley submitted application on behalf of Lake Jeane Residents Coalition Committee (LJRCC) to treat Lake Jeane with zero - valent iron • Application rejected — LJRCC not legal entity — Homeowners lack authority to treat Lake Jeane • Woolley appealed to Pollution Control Hearings Board (PCHB) — Upheld denial of Woolley permit application — Found TLGCC had the authority to treat Lake Jeane — Motion to Reconsider denied Second Court Case (Continued) • Woolley appealed to King County Superior Court — Woolley v. Washington, Department of Ecology, King County Superior Court Case Number 16 -2- 07439 -1 • Discussion concerning joinder with lawsuit— did not happen • No further hearings until 2018 — Woolley waiting to see what happens in lawsuit 15 9 10/4/2017 Lake Jeane Resident Coalition Committee (LJRCC) • Formed in 2015 • Informal organization (no bylaws, Articles of Incorporation, formal Board of Directors, etc.) • Originally consisted of five Lake Jeane homeowners — Three resigned when lawsuit filed (Two joined lawsuit) — One moved away from Lake Jeane — Woolley is only remaining member Lake Jeane Resident Coalition Committee (LJRCC) (Continued) • Allegedly, 29 of 40 lakeside residents gave written consent for LJRCC to represent interests • Not able to obtain written documents • Survey — I did informal survey of 28 Lake Jeane homeowners — Did not include the eight plaintiffs in lawsuit — Of twelve respondents, half identified LJRCC or Woolley as at least to some extent representing or speaking for their concerns 16 10 10/4/2017 Twin Lakes Homeowners' Association • Represents 1496 homes including those on Lake Lorene and Lake Jeane • Responsible for Lake Lorene maintenance • Former president Gary Darcey is still lake manager for Lake Lorene and has sought City help in obtaining state funding for treatment • Current president is Steve Hatch — Not involved with Lake Jeane —no legal standing — Would like to see Lake Jeane cleaned up but does not want to harm TLGCC Options and Recommendations • General Considerations — No easy solutions legally, politically, or scientifically (experts disagree), so City is best served helping with procedure rather than resolving substance — While the City may choose to involve itself to a limited extent, I have seen nothing that mandates the City has a duty to do so — Court ruling or agreed resolution in lawsuit would help clarify the parameters of the City's actions — Long -term, reduction of phosphorus in Joe's Creek watershed is the only viable solution, but homeowners want resolution before many more years pass — TLHOA and TLGCC depend upon each other. — There are disagreements even amongst homeowners. 17 11 10/4/2017 Options and Recommendations (Continued) • OPTION: Do Nothing— REJECT — Case could be made that City should not take any action as this is purely a private dispute • No ownership in lake bed or surrounding lands • No public access • All lakefront property is private — State and federal agencies dealing with environmental & health threats have not required actions other than warning signs or at most closure of bodies of water • No other local jurisdictions have required more — Therefore, City involvement should be in the form of careful engagement with interested parties to further equity (fairness) and community peace Options and Recommendations (Continued) • OPTION: Adopt Nuisance Ordinance— REJECT — Could foster litigation both by entities objecting to and contesting validity of the ordinance and by entities seeking to force City to enforce it • No such risk in declining to adopt an ordinance — Even without litigation, costly in terms of staff time and may require additional staff with proper expertise — Issue is not "ripe" for adopting public nuisance standards • When would blue -green algae be labelled nuisance? When unsightly? When bad odor? When toxic? • But science is new and indeterminate • Toxicity determinations are subject to caveat that level or existence can change even in an hour —how often would testing have to be done? • Jury still out on question of health hazard from proximity • No definitively proven treatment 18 12 10/4/2017 Options and Recommendations (Continue) • OPTION: Adopt Nuisance Ordinance — REJECT (Continued) — Residential standard "Residential lake" not defined in law and difficult to define without being over- or under - inclusive No scientific support for special toxicity standards — No other entities have adopted such standards • Former DOH blue -green algae specialist Joan Hardy stated in an email that "[i]t would be highly unusual for a city or county to have develop it's [sic] own standards that are different than the state or country." Options and Recommendations (Continued) OPTION: Adopt Nuisance Ordinance — REJECT (Continued) — Nuisance requires an entity with a duty or an entity that causes the problem — Causation difficult to pinpoint since introduction of nutrients like phosphorus into the water column can have many sources, usually out of any one party's control — Duty determination is always likely to be problematic because it is always the State that owns the water column. Thus, the determination of who has a duty to act will always be subject to a complicated and potentially irresolvable analysis of various water and other property rights. (Even DOE had great trouble on this.) 19 13 10/4/2017 Options and Recommendations (Continued) OPTION: Adopt Nuisance Ordinance — REJECT (Continued) — Nature of nuisance law makes enforcement a "clunky" procedure that takes a period of time to enforce • Sampling and testing (3 -4 days) • If toxic, owner notified and given time to react (another couple weeks) — In the meantime, an allegedly toxic situation would have been allowed to fester • Potentially problematic for the City • Could involve City in issues regarding which there is no expertise and with which no other municipality has dealt Options and Recommendations (Continued) • OPTION: Engage with Relevant Parties — RECOMMEND — Remaining Issues of Contention • The use of the TLGCC well to replenish Lake Jeane waters used by TLGCC for irrigation • Whether treatment of Lake Jeane should be commenced at all while TLGCC continues to use its well to replenish Lake Jeane waters. • The possibility of TLGCC re -doing its irrigation system so that it would no longer depend on Lake Jeane, an expensive proposition for which payment would have to be negotiated. • The possibility of homeowners or TLHOA completely buying out all TLGCC property interests in Lake Jeane (including its property right to dues from Lake Jeane homeowners) 20 14 10/4/2017 Options and Recommendations (Continued) • OPTION: Engage with Relevant Parties — RECOMMEND (Continued) — Remaining Issues of Contention (Continued) • Which treatment option should be used, residents apparently being divided amongst those favoring "alum" and those favoring zero valent iron • Whether a full phosphorus budget and lake restoration analysis should be commissioned, as recommended by the City of Federal Way in concluding the Upper Joe's Creek Watershed Reduction Study. • How treatment and /or any analysis would be funded. • Whether to form a lake management district (LMD) and if so, what its parameters should be, including whether it should encompass both lakes. Options and Recommendations (Continued) • OPTION: Engage with Relevant Parties — RECOMMEND (Continued) — State funding • State has not generally funded treatment of waters where the lake bed and shoreline are owned by private parties • But potentially, such funding could happen in the future. — (DOE) was willing to fund treatment of Lake Jeane back in 2015. — This could be attempted again — City could guide lakeside residents through the process and again serve as sponsor (subject to Mayor and City Council approval). 21 15 10/4/2017 Options and Recommendations (Continued) OPTION: Engage with Relevant Parties — RECOMMEND (Continued) — Lake Management District Formation – Can be started either by City Council resolution of intention or by petition from property owners – Either way, must be approved by vote of property owners Caveats – Not clear if homeowners want it now » While having to pay mandatory dues to TLGCC » While TLGCC adds well water to Lake Jeane – Not clear if Lake Lorene should be included – TLGCC has in past been opposed – If granted water treatment permit, may have to recompense TLGCC for any harm caused – Does not resolve long -term phosphorus loading – Will take a minimum of 12 to 18 months to set up with City staff time devoted Options and Recommendations (Continued) OPTION: Engage with Relevant Parties — RECOMMEND (Continued) • Lake Management District (Continued) — Nevertheless, City should support, if desired by and vetted with property owners, because: » Unlike a nuisance ordinance, an LIVID would be limited to Lake Jeane (or Lake Jeane and Lake Lorene) and would not in any way affect other bodies of water in Federal Way. It is democratic — determination of whether to set it up and as to what actions to take would be determined by a vote of property owners. Since there are some health risks associated with a lake containing a blue -green algae bloom, especially to pets or small children, some democratic control by nearby property owners does seem to make sense. Parties could (hopefully) agree on formula of assessments and voting rights that would be acceptable to all 22 16 10/4/2017 Options and Recommendations (Continued) OPTION: Engage with Relevant Parties — RECOMMEND (Continued) — Steps Forward Recommended Now • Include increased funding for Freshwater Algae Control Program (FACP) grants in 2018 legislative agenda. • Hold meeting with TLGCC officers concerning its position on the formation of a lake management district (LIVID). • Call a public meeting in the Twin Lakes neighborhood, inviting all TLHOA officers and members and all TLGCC officers and members, in which the following is discussed and /or offered: — Options for a lake management district (LMD) including Positives and negatives n Scope (i.e., whether to include both lakes) » How it would be formed via property owner petition OR City Council resolution — Assistance with soliciting and applying for FACP grants toward further analysis and /or treatment. Very Recent Developments University of Washington- Tacoma Associate Professor of Environmental Chemistry and Engineering Dr. Jim Gawel — I interviewed him in the course of doing my report — He has offered to look through data collected so far and see what can be used to construct phosphorus budget for both lakes — Still needs bird counts, sediment flux data, and lake water profile samples • Would bring out his class this month and next (assuming access and permission to get boats and students on lake and permission to take sediment samples is granted) • Would use published and collected data to attempt a phosphorus budget or at least see where holes might be — No charge for now since done as class exercise — I would recommend we follow up on this ASAP 23 17 10/4/2017 Very Recent Developments (Continued) • I was asked to put together an "expert panel" to discuss best options for Twin Lakes • Could be added as discretionary part of recommended public meeting Comments /Questions 24 18 COUNCIL MEETING DATE: October 17, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS AND RECREATION PROGRAM GUIDE POLICY QUESTION: Should the City accept the bid results for the printing and mailing of the 2018 Parks and Recreation Program Guides and authorize the Mayor to enter into a contract with Consolidated Press? COMMITTEE• PRHSPSC MEETING DATE: 10/10/17 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cod Geddes, Recreation Supervisor DEPT: Parks ...................._.............................. ............................... _..........................' ............................... _........ ............................... ......_. _ ........................................................... _................_............. ............_..._......_......_ __ ... _ ........ _.._.._ Attachments: Memorandum Options Considered: 1. Authorize a bid award for the printing and mailing of the 2018 Parks and Recreation Program Guides in the amount of $47,878.60 to Consolidated Press and authorize the Mayor to execute said agreement. 2. Do not authorize a bid award for the printing and mailing of the 2018 Parks and Recreation Program Guides and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: / DIRECTOR APPROVAL: 4i l l- Ir ['1 Conknittee Come 7 Initial Date Initial/Date InitiWD e COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the printing and mailing of the 2018 Parks and Recreation Program Guides in the amount of $47,878.60 to Consolidated Press and authorize the Mayor to execute said agreement and forward to the October 17, 2017 Full Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the printing and mailing of the 2018 Parks and Recreation Program Guides in the amount of $47,878.60 to Consolidated Press and authorize the Mayor to execute said agreement. " (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 — 11/2016 RESOLUTION # 25 CITY OF .'' Federal Way Parks Department Date: Sept 26, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Cody Geddes, Recreation Supervisor Subject: Parks and Recreation 2018 Program Guides Background: Staff solicited bids for the printing and mailing of the 2018 Parks and Recreation Program Guide. Staff sent out to four printing companies that have worked on our program guides in the past. Two sent in formal quotes. Below are the quotes on a 52 page guide with 40,000 printed. Bulk mailing is the standard USPS bulk mail rate. 1. Consolidated Press ........... $7,822 Per Catalog 2. Rotary Offset Press ......... $7,906 Per Catalog Recommendation: Staff evaluated the responses to this RFQ, and recommends awarding the bid to the lowest responsible bidder, Consolidated Press. Financial Summary: $23,726.00 Catalog printing $19,800.00 Bulk Mailing prep, postage, and drop $ 4352.60 10% Contingency (change in bulk mail addresses or more guide copies) $47,878.60 Total Council approval request. Note: This bid amount is within the annual budgeted recreation marketing, advertising, printing, and postage. (001- 7200 - 352 - 571- 10 -___) P17 COUNCIL MEETING DATE: October 17, 2017 ITEM #: .................. __._............................ ...... _ ......... ............ ..._ ....... ._........._...... .... ......... __ .................................... _.._. .............................. .._ ............................................................. ......... ............. - ........ ............................................................................................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PURCHASE A NEW RADAR SPEED TRAILER WITH TRAFFIC SAFETY FUNDS POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department purchase a new radar speed trailer from Kustom Signals, Inc'? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Oct. 10, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing (-1 Citv Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police Dept. .._._.........-- .........................................---.............__........................__........................__................. ....................- ........ -- ............................................................................................... ......_..__..........._.._...._ ......_........__....... Attachments: 1. PRHS &PSC Memo 2. Kustom Signals, Inc. quote 3. Stalker Radar quote 4. All Traffic Solutions quote Options Considered: 1. Accept (Purchase a new speed trailer) 2. Reject (Do not purchase a new speed trailer) MAYOR'S RECOMMENDATION: 1 - Accept (Purse a new speed trailer) MAYOR APPROVAL: q '� DIRECTOR APPROVAL: ^7-4-A-7 Coi tmitte until 1.7 Initial /Date Initial/Date Initial /Date COMMITTEE RECOMMENDATION: "I move to forward the purchase of a speed trailer for the Federal Way Police Department to the October 17, 2017, Consent Agenda for approval " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the purchase for a new Kustom Signals, Inc. SMART 850 speed trailer using traffic safety funding. " (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— 11/2016 RESOLUTION # 27 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 10, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Radar Speed Trailer The Federal Way Police Department responds to a variety of traffic related complaints. One of the most common is for speeding vehicles. Despite impacting known problem areas through consistent deployment of resources, police officers cannot monitor a location twenty -four hours a day seven days a week. Therefore, utilizing a radar speed trailer has been a valuable tool to our department. They alert and educate drivers that adjustments need to be made to their driving pattern. A speed trailer can accomplish this by displaying an approaching vehicle's speed, flashing warnings such as "SLOW DOWN ", or using red -blue flashing bars, etc. A speed trailer can also record valuable traffic related data and remain in a neighborhood indefinitely if a significant problem is identified. The City of Federal Way originally purchased a radar speed trailer for the police department in 1997. Unfortunately, in 2016 it stopped working after many years of service. Due to its age and old technology the cost of repairing it was too excessive to justify. However, purchasing a new speed trailer would restore this lost asset to the traffic unit and allow the police department to better service speeding complaints. Lt. B. Schulz obtained quotes from Kustom Signals, Inc., Stalker Radar, and All Traffic Solutions. After reviewing them he recommended the Kustom Signals, Inc. SMART 850 Speed Trailer. Their bid was not the lowest but Kustom's speed trailer appears to offer the best technology available, easiest towing/deployment capability, and would be the best suited for current and future use. Lt. Schulz also recommended including the 140W solar option with the purchase that way the trailer could be easily moved from one location to another without having to charge the battery between deployments. To help protect the city's investment other options worth considering with this purchase include the motion alarm, GPS asset tracking system, locking lug nuts, hitch lock, wheel lock, and a trailer cover. The Kustom Signals, Inc. SMART 850 Speed Trailer could be paid for through the use of traffic safety funds since this equipment will be specifically used for traffic safety and education. 28 1(((((((( KUSTQM SIGNALS, INC. 9652 Lciret Wvd, Lenexa, KS 56 21 9 -2406 913492-1400 Fax 31 ?- 4921703 s3les,@4us0amsignals.00m vvvw.kus'flnnignals.Wm Date 09/20/2017 To... LIEUTENANT SCHULZ FEDERAL WAY POLICE DEPARTMENT P.O. BOX 9718 33325 8TH AVE SOUTH FEDERAL WAY WA 98003 Quotation Quote # 833999929047MT Terms Per Approved Terms This Quote Expires on 12/19/2017 Phone 253 -835 -6700 Fax 253 -835 -6899 Page 1 of 2 Qt Product Description UnitPrice SubTotal 1 SMART 850+ Bundle (18" Display, Red /Blue & Slow Down Violator Alerts, & $9,305.25 $9,305.25 Traffic Data Computer) 1 140 W. Solar (SMART 850/+ trailers) $879.00 $879.00 I Alarm System $160.00 $160.00 1 Locking Lug Nuts (Set of two) $25.00 $25.00 1 2" Ball Coupler Lock Kit, Stainless Steel $49.00 $49.00 1 Cable Wheel Lock $87.00 $87.00 1 Trailer Cover (Generic) $45.00 $45.00 1 Shipping & Handling $674.00 $674.00 1 CPS Tracking Theft Deterrent System $660.00 $660.00 Signature Total $11,884.25 * Applicable Sales Tax Not Included. Seller may charge Buyer a 25% restocking fee. Toll Free 800- 4KUSTOM (800- 458 -7866) 29 KUSTOM SIGNALS, INC. TERMS AND CONDITIONS I. APPLICABILITY. Unless otherwise specified in a written bid, quote or contract, the following temis and conditions shall apply. 2. PRICES AND TAXES. Prices will be Kustont Signals, Inc.'s ( "Seller ") prices in effect on the date a purchase order is accepted by Seller, and Seller may change its prices at any time, in its sole discretion. All prices will be F.O.B. Chanute, Kansas, and net of any duties, sales, use or similar taxes, fees or assessments, and do not include shipping, packaging or any insurance costs, all of which are Buyer's responsibility. 3. PAYMENT. Unless otherwise provided on the face of the invoice, payment is to be paid in US dollars and in accordance with the Seller approved terms for Buyer. Partial payments are not permitted unless authorized in writing. Partial payments will be treated as non - payment. Each invoice is independent from shipping sequence and disputes relating to other invoices. Failure to pay an invoice within 30 days will be considered a default. 4. DELIVERY AND PERFORMANCE. Delivery dates are approximate. Seller dis claims all liability for late or partial delivery. Seller may deliver in such lots and at such times as is convenient for Seller. 5. LOSS IN TRANSIT. Risk ofloss will pass to Buyer upon delivery ofthe goods to the carrier. In case of breakage or loss in transit, Buyer will have notation ofsame made on expense bill before paying freight. Seller may reject claims for shortages not made within 15 days ofBuyer's receipt ofthe goods. 6. TERMINATION, RESTOCKING CHARGES. Buyermay terminate this purchase order for its convenience, in whole or in part, by written, faxed or telegraphic notice at any time. If Buyer terminates this purchase order for convenience, Buyer will be liable to Seller for Seller's reasonable costs incurred in the performance of this purchas a order that Seller cannot mitigate. Unless otherwise agreed upon in advance in writing by Seller, Seller may charge Buyer a 25% restocking fee, if (a) upon approval by Seller, the Buyer returns any non - defective goods covered by this invoice; or (b) prio r to shipment, but after the goods are produced by Seller, Buyer cancels the order for the subject goods . 7. WARRANTY. Seller's warranty is provided separately. 8. LIMITATION OF LIABILITY. SELLER IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAM AGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SELLER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, NOR IS SELLER LIABLE FOR ANY CLAIM BY ANY THIRD PARTY. SELLER'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS PURCHASE ORDER IS LIMITED TO THE AMOUNT PAID FOR THE GOODS. 30 9. INDEMNIFICATION. Buyer will indemnify, defend and hold Seller harmless from all losses, damages, liabilities and costs, including attorneys' fees, incurred or sustained by Seller as a result of any third party claim made against Seller, including a claim by a customer of Buyer, arising from its negligent, reckless, willful, or intentional actions in marketing and reselling the goods. 10. EXPORT RULES. Exports and re- exports of the goods may be subject to United States export controls and sanctions administered by the U.S. Department of Commerce Bureau of Industry and Security under its Export Administration Regulations ( "EAR "). Buyer shall comply with all laws, rules and regulations applicable to the export or re -export of goods including but not limited to EAR which includes, among other things, screening potential transactions against the U.S. Government's (i) list of prohibited end users, and (ii) list of prohibited countries. Buyerrepresents and warrants that (i) it has not been charged with, convicted of, or penalized for, any violation of EAR or any statute referenced in EAR §766.25, and (ii) it has not been notified by any government official of competent authority that it is under investigation for any violation of EAR or any statute referenced in EAR §766.25. 11. MISCELLANEOUS. These terms and conditions, together with any other written agreement between Buyer and Seller, if any: (i) are the exclusive statements of the parties wit h respect to the subject matter and supersedes any prior or contemporaneous communications; (ii) may not be amended except in writing executed by the parties and will prevail in any case where the terms of Buyer's purchase order or other communication are inconsistent; (iii) will be interpreted and enforced in accordance with the laws of the State of Kansas, without giving effect to principles of conflicts of law. These terms and conditions are: (1) solely for the benefit ofthe parties, and no provision ofthese terms and conditions will be deemed to confer upon any other person any remedy, claim, liability, reimbursement, cause of action or other right. Each party consents to the exclusive personal jurisdiction of the state and federal courts located in the State of Kansas for purposes of any suit, action or other proceeding arising out of this Agreement, waives any argument that venue in any such forum is not convenient and agrees that the venue of any litigation initiated by either of them in connection w ith this Agreement will be in either the District Court of Johnson County, Kansas, or the United States District Court, District of Kansas.lfany provision ofthese terms and conditions is unenforceable, the remaining provisions will remain in effect. No waiver (whether by course of dealing or otherwise) is effective unless it is made in writing and signed by the party to be charged with such waiver. Unless otherwise specified in writing, notices must be given in writing by registered or certified mail, re turn receipt requested, addressed to Kustom Signals, Inc. Attn: Sales Dept. 9652 Loiret Lenexa, KS 66219 ALL TRAFFIC All Traffic Solutions Inc. 1.00 QUOTE Q -30450 S o L U T 1 o N S 12950 Worldgate Dr., unit w/ mounting bracket DATE /TIME: 9/19/2017 PAGE Ste 310 Herndon, VA 20170 4000647 2:58:55 PM NO: 1 1.00 Phone: 814 - 237 -9005 $1,350.00 Reporting, Image Mgmt, Alerts, Mapping and Fax: 814 - 237 -9006 Questions contact. PremierCare MANUFACTURER: Independent Sales Rep: Tax ID: 25- 1887906 All Traffic Solutions 1.00 Asign ofche juture.° ($540.00) Amber Abdullah 1 yr TraffiCloud Traffic Suite Purchase Orders 3100 Research Dr. State College, PA 16801 BILL TO: SHIP TO: City of Federal Way -WA City of Federal Way -WA 33325 8th Ave S. Federal Way, WA 98003 Attn: Brigham Schulz PAYMENT TERMS: CUSTOMER: 210311 CONTACT: (253) 835 -2740 Net 30 ITEM NO: DESCRIPTION: QTY: EACH: EXT. PRICE: 4000741 SpeedAlert 18 Radar Message Sign (RMS); base 1.00 $3,240.00 $3,240.00 unit w/ mounting bracket 4000647 App, Traffic Suite (12mo); Equip Mgmt, 1.00 $1,350.00 $1,350.00 Reporting, Image Mgmt, Alerts, Mapping and PremierCare 4000767 Base Model CREDIT, speed display; requires min 1.00 ($540.00) ($540.00) 1 yr TraffiCloud Traffic Suite 4000874 All Options Activation: Bluetooth, Traffic Data, 1.00 $0.00 $0.00 Violator Alert, Pictures, ($3000 Value, requires Traffic or Message Suite) 4000173 Trailer, ATS5 (select power separately) 1.00 $2,700.00 $2,700.00 4000635 Trailer Battery kit for ATS -5, 235Ah deep cycle 1.00 $445.00 $445.00 batteries w /cover, hold down, cables& hdwr 4000275 Solar panel, 60W; includes bracket for ATS -5 1.00 $805.00 $805.00 trailer and harness 4000740 Trailer Certificate of Origin 1.00 $0.00 $0.00 4000754 USB cable, 16ft, extra long for trailer or pole 1.00 $20.00 $20.00 4900041 crate, ATS -5 trailer shipping crate 1.00 $250.00 $250.00 31 4000641 Shipping 1.00 $850.00 $850.00 4000705 Sales Tax 1.00 $866.40 $866.40 Special Notes: SALES $9,986.40 AMOUNT: SHIPPING: TOTAL: $9,986.40 Duration: This quote is good for 60 days from date of issue. Shipping Notes: Unless shipping charges are specifically indicated, prices are FOB factory. Shipping charges may apply Taxes: Taxes are not included in quote. Please provide a tax exempt certificate or sales tax will be applied. Warranty: Unless otherwise indicated, all products have a one year warranty from date of sale. Warranty extensions are a component of some applications that are available at time of purchase. A Finance Charge of 1.5% per month will be applied to overdue balances. GSA GS- 07F -6092R Authorization: By Signing below I indicate that I am authorized to commit my organization to the above. Print Name, Title Signature 32 Date STALKED applied concepts, inc. 855 E. Collins Blvd Richardson, TX 75081 Phone: 972 - 398 -3780 Fax: 972 - 398 -3781 Effective From : 09/19/2017 National Toll Free: 1 -800- STALKER Mike Scaglione Inside Sales Partner: 1 972 -801 -4856 Valid Through: 12/18/2017 QUOTE #2012197 Page 1 of 1 Date: 09/19/17 Jeff Pulicella Reg Sales Mgr: 1 972 - 834 -4903 Lead Time: 32 working days Bill To: Customer ID: 103177 Ship To: UPS Ground Federal Way Police Dept Federal Way Police Dept 33325 8th Ave S Accounts Payable 33325 8th Ave S Lieutenant Brigham Schulz Federal Way, WA 98063 Federal Way, WA 98063 Grp Qty Package Description Wrnty /Mo Price Ext Price 1 1 821- 1000 -00 Stalker SAM Trailer 24 $9,280.00 $9,280.00 Ln Qty Part Number Description Price Ext Price 1 1 015 - 2532 -59 [2532591 SAM Trailer with Top Display $0.00 2 1 200 - 0880 -57 Traffic Statistics Sensor w/2 -Comm Ports, USB $0.00 3 1 015 - 5345 -00 [2747141 SAM Trailer Solar Panel $0.00 4 1 015 - 2328 -62 [2328621 Red LED Light Bar - SAM /SAM -R $0.00 5 1 015 - 2354 -40 [2354401 Blue LED Light Bar - SAM /SAM -R $0.00 7 1 200 - 1173 -00 Stalker Traffic Analyst App, Thumb Drive, Manual ($499.00) ($499.00) 8 1 006 - 0569 -00 Certificate of Accuracy, Speed Sensor II $0.00 9 1 060 - 1000 -24 24 -Month Warranty $0.00 F_ Group Total $8,781.00 Product $8,781.00 Sub - Total: $8,781.00 Discount $0.00 Sales Tax 10% $878.10 Shipping & Handling: $0.00 Payment Terms: Net 30 days Total: USD $9,659.10 001 NASPO Contract # 1611 This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. 33 This Page Left Blank Intentionally 34 COUNCIL MEETING DATE: October 17, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Target Corporation Grant. POLICY QUESTION: Should the City of Federal Way accept $1,500.00 in funds from the Target Corporation to support the Federal Way Police Department's Crime Prevention Program? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 10/10/17 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CRIME ANALYST /PREVENTION COORDINATOR ROY DEPT: Police Department .................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................... .......................... ............................... . Attachments: 1. PRHS & PS Memo Options Considered: 1. Accept the Target Grant Proposal 2.......__Reject the_Target Grant Proposal ................................................................................................ .............._.._.._.......... ..__......... ...................._..................._._....................................................._....._................................................. _..................._..._....._ MAYOR'S RECOMMENDATION: 1— Accept the Target Grant Proposal MAYOR APPROVAL: j (21 DIRECTOR APPROVAL: ' nuni z Coun I � � Initial COMMITTEE RECOMMENDATION: "1 move to forward the proposal to accept funding in the amount of $1,500.00 from the Target Corporation Grant program for the Federal Way Police Department's Crime Prevention program, to the October 17, 2017, City Council Consent Agenda. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the request to accept funding in the amount of $1,500.00 from the Target Corporation Grant program for the Federal Way Police Department's Crime Prevention Program. 35 (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 # 35 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 10, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Target Corporation Grant. Background Based on the Federal Way Police Department's outstanding work in the community, Target has invited the Federal Way Police department to apply for a $1,500.00 grant. Proposal The Federal Way Police Department's Police Officers and Crime Prevention Unit often attend community events, school events, and recruiting events. At these events Police Department Personnel use an unmarked plain white tent and a well -worn table cloth with the police department's patch. If approved this grant would be used to purchase a 10x10 tent with walls, which will include the police department's name and patch printed on them. A new police logo table cloth will also be purchased. It is anticipated that there will be funds remaining from this purchase and we plan to use it towards t -shirts for the Crime Prevention Unit's Youth Academy in the summer of 2018. The Target Corporation invited the Federal Way Police Department to apply for this $1,500 grant. There are no reporting requirements for this grant. I propose we accept the funding from the Target Corporation. 36 8/16/2017 Target Corporate Welcome to our Online Grant Application Logout Confirmation of Application Receipt: Your proposal was successfully submitted to the Target. No further action on your part is required and you can expect to receive notice of your proposal's status shortly. To print a copy of this completed application go to 'File', then 'Print' on your browser toolbar. Click here to return to the homepage when you are finished. Contact Information Prefix Captain " First Name Stan " Last Name McCall Suffix " Title Commander Telephone 253- 835 -6715 E -mail Address Stan.McCall @cityoffederalway.com Contact Type Organization Leader Organization Information Official Name AKA Name Federal Way Police Street Address or P.O. Box 33325 8th Ave S `` City Federal Way State Washington ' Zip /Postal Code 98003 z 4 -Digit Extension 6325 r Organization Website www.cityoffederalway.com /police Facebook https : / /www.facebook.com /FedWayPD/ Twitter https: / /twitter.com /fedwaypd Instagram Mission Statement The Federal Way Police Department strives to serve the community by taking a https: / /www.cybergrants.com /pls/ cybergrants /ao_application.submit_app 37 1/4 8/16/2017 Target Corporate stand against crime through proactive enforcement, innovative methods of protection, and continuous education. We are committed to forward thinking through the evaluation of current practices and the impacts created within the organization, the criminal justice system, and the community. We expect individuals to act with integrity and be accountable for their successes and failures. We will be lead by our dedication to high standards, effective communication, dependable and resilient teamwork, and thoughtful respect for our diverse community as we learn to grow as professionals and as an esteemed police agency " Year Established 1996 Organization Type (uS) Government: Police /Law Enforcement Government Information No Letter? Government Information Letter (file) FederalTaxlDLetter.pdf (253.04 K), uploaded by Michelle Roy on 08/16/2017 Organization Request Details " Organization History The Federal Way Police Department was created in 1996 to provide a police force committed to providing services to the community in a manner governed by the department's mission statement and guiding principles. k Organization Goals Our goals are to enforce the laws of the city of Federal Way and the State of Washington, protect our citizens, and educate our citizens on crime prevention strategies. Organization Changes In the past year our population continued to grow and we have seen a significant increase in needs for homeless /transient individuals. Now that our agency is 21 years old, we are seeing more retirements and we are trying very hard to recruit more police officers to replace them. With the Seattle economy booming and unemployment so low, it has been hard to draw people into a law enforcement career. We are committed to keep tackling these issues and are working towards positive solutions. We recently started a Youth Safety Academy targeting high school aged students. This academy introduces the field of law enforcement to high school students. Our hope is that after they graduate college they will consider law enforcement as a career. Total Operating Budget 2016 = $53,420,425 and 2017 = 59,056,064 Change In Net Assets ($) $5,635,639.00 https: / /www.cybergrants.com /pls/ cybergrants /ao_appliGation.submit_ app 38 2/4 8/16/2017 Target Corporate Total Unrestricted funds $0.00 Sources of Revenue Property Taxes Utility Taxes Sales Tax Fines Licensing & Permits Federal Grants Target Involvement No Current Elected Official No ' Target Board Members No Non - Target Board Members None Are any of your board No members and /or leaders a decision maker at Target? Proposal Details Group /Region /Distribution G198 Center Request Amount $1,500.00 Project/Program Title Youth Academy Project/Program Start Date 06/25/2018 Project/Program End Date 06/29/2018 Program Area Law Enforcement Partner Year Project/Program was 2015 first implemented Total Project/Program Budget $1,500.00 Primary Project/Program Police Logo 10x10 tent with walls & table cloth = $1,000 Expenses Police Logo Youth Academy T -shirts = $300 taxes, shipping = $200.00 Project/Program Description Police Department members attend community & school events to promote positive relations. We have a new program targeting high school aged students called the Youth Academy. This program helps police build positive relationships with high school students, expose them to the career in law enforcement, and provide information about how they themselves can partner with other community organizations. * Corporate Benefits? No Volunteer Opportunities? No https: / /www.cybergrants.com /pIs/ cybergrants /ao_appIication.submit_app 39 3/4 8/16/2017 Target Corporate Demographics x Estimated Number of People 95188 Served ` Ethnicity 1 % American Indian or Alaskan Native 14% Asian 12% Black or African American 3% Native Hawaiian or Other Pacific Islander 57% White or Caucasian 7% More than one Race /Ethnicity 6% Racial /Ethnic group not specified above Economically Disadvantaged We use data from the US Census Bureau Description Economically Disadvantaged We use data from the US Census Bureau Measurement Gender 52% Male 48% Female Age Groups 6% Babies/Toddlers (under 5) 5% Elementary Students - Grades K -5 (5 -10 years old) 7% Middle School Students - Grades 6 -8 (11 -14 years old) 7% High School Students - Grades 9 -12 (15 -18 years old) 6% Young Adult (19 -25 years old) 57% Adults (26 -64) 12% Senior Citizens (65 years old and over) Population Served by this Project/Program Checkbox None of the Above Additional Information Key Metrics Our plan is to promote the Federal Way Police Department in a professional manner. We would use the FWPD logo tent and table cloth not only for the Youth Academy, but also various community events that police officers participate in to get to know our community members. The t -shirts for the Youth Academy will also provide a professional look for our participants. They can proudly wear their t -shirts in the community and we hope other community members will start a conversation with them about this great program. I believe our measure would be increased participation /attendance from the community in police department events. Additional Files Need Support? Copyright © Target 2017. All Rights Reserved https: / /www.cybergrants.com /pls/ cybergrants /ao_application.submit_app 40 4/4 RECOMMENDATION: LAKE JEANE YARDEN F. WEIDENFELD SENIOR POLICY ADVISOR CITY OF FEDERAL WAY MAYOR'S OFFICE 41 1, Yarden F. Weidenfeld, make the following recommendations with respect to the Twin Lakes: (1) Public nuisance ordinance concerning blue -green algae a. Parks, Recreation, Human Services, Public Safety Council Committee should hear arguments in favor of and against this proposal from any of the following parties who desire to be heard: Bob Woolley, another representative or representatives from the Lake Jeane homeowners, and a TLGCC representative. b. Parks, Recreation, Human Services, Public Safety Council Committee should not adopt this proposal. (2) Legislative agenda a. City of Federal Way should include increased funding for Freshwater Algae Control Program (FACP) grants in its 2018 legislative agenda. (3) Engage with Relevant Parties a. Senior Policy Advisor should (now) assist Professor Gawel to the extent legally appropriate in his work towards creating phosphorus budget for Twin Lakes. b. Public Works Department should (now) i. Investigate TLGCC allegation of raw sewage entering Lake Jeane via storm water pipes ii. Assist homeowners interested in soliciting Department of Ecology (DOE) for grant money to do full phosphorus budget for Twin Lakes. c. Mayor and Senior Policy Advisor should (after Ward v. TLGCC lawsuit is resolved) meet with TLGCC leadership to discuss: i. Allegation of raw sewage entering Lake Jeane via storm water pipes ii. Use of well water to replenish water drawn from Lake Jeane for irrigation/possibility of TLGCC re -doing its irrigation system so that it would no longer depend on Lake Jeane iii. Objections to forming a lake management district (LMD) d. Public Works Department should (after Ward v. TLGCC lawsuit is resolved) hold community meeting with the following agenda: i. Expert discussion/panel on best treatment for Lake Jeane ii. Advantages and disadvantages of Lake Management District (LMD), how such could be formed, and scope (i.e. what area(s) it would encompass) iii. Assistance with soliciting and applying for FACP grants toward treatment. e. Public Works Department should (after community meeting) assist community on areas discussed in community meeting as community members desire. Signed J�J 11 � m ' DATE: Yar n . Wei enfeld. Senior Policy Advisor City of Federal Way Mayor's Office CA V; Weidenfeld Reply to Bob Woolley Commentary on Lake Jeane Report 1. I agree with Mr. Woolley's comment that "the recommendation that a Lake Management (LMD) is a near -term solution is premature." My recommendation is for the City to engage with stakeholders, present options, and leave the stakeholders to make the decision of what option, if any, to pursue. This could include an LMD but need not. 2. I agree with Mr. Woolley's comment that "[t]he continuation of differing treatment programs does not benefit the lakeside residents of lakes, the TLHOA or the TLG &CC interests." Once again, the ultimate choice as to whether to treat and if so, what treatment to use, will have to be made by stakeholders. I have adopted Woolley's (and others') idea of a "panel of technical experts to determine what is best for the Twin Lakes" as a possible component of the community meeting I have recommended. It is in my opinion, however, premature to determine which individuals should be on such a panel or who should chair it. 3. It is my position that the reasons for my rejection of the proposed nuisance ordinance regarding blue -green algae have already been fully explained on pages 45 -46 (from Public Works Department leaders) and 80 -81 of my report. As indicated in my report (page 81),1 do support the Parks, Recreation, Human Services, Public Safety Council Committee Meeting hearing from Mr. Woolley, another representative or representatives from the Lake Jeane homeowners, and a TLGCC representative regarding arguments for and against this proposal. But to address some specific points made by Mr. Woolley: a. Mr. Woolley dismisses the concern raised regarding litigation. He states, "That is what a nuisance ordinance is supposed to address, a code is that a legal act that can be enforced if constructed properly." However, my report (on page 80) also discusses the concern that there could be litigation "by entities objecting to and contesting the validity of the ordinance." The larger point (also made on page 80 of my report) is that the issue of blue -green algae is not "ripe" for adopting public nuisance standards. The science on the issue is too new and indeterminate. Toxicity determinations are subject to the caveat that the level or existence of toxicity can change even in an hour. There is no definitively proven treatment. The jury is still out on whether proximity to a blue -green algae- affected lake could cause health problems. It is for these reasons that the only regulations and laws on this issue up to now have only mandated caution or warning signs or at most closure of a body of water. b. Mr. Woolley correctly cites my argument that the "City is not obligated to create a public nuisance ordinance for algae conditions" but asks "what is the mission of the City if not to protect all citizens from health hazard conditions." My response on this point is again contained in the indented paragraph quoted under "a." above. I do not believe that the issue of blue -green algae is "ripe" for adopting public nuisance standards. C. Mr. Woolley correctly cites my argument that "[e]nforcement of such an ordinance would be costly (in staff time) to the City" but argues that "[t]he City currently has a FWRC enforcement arm" and that "the violated criteria can be written into the ordinance wording," so "[ t]here would either be a violation or not, based on specific criteria." This argument ignores the logistical issues with enforcement of an ordinance, regardless how it is worded, as well as the concern that the City lacks staff with the requisite expertise to administer such an ordinance, all of which is explained on page 46 of my report (from Public Works Department leaders). It should also be noted that, at least as of earlier this year, even the State Department of Health (DOH) did not have anyone on staff with expertise in freshwater harmful algae blooms. See Page 50 of report. The primary problem here, as explained on page 81 of report (and on page 46), is that nuisance law is too "clunky" a procedure that takes too long to enforce for it to be an effective method with which to address the issue of blue -green algae. d. Mr. Woolley correctly notes my argument that "[n]o other City has an ordinance concerning a toxic algae health hazard" but asks rhetorically whether "the City of Federal Way ha[s] to be only a follower municipality, or can it be a forward looking FWCC." I would submit that this retort ignores the context within which no other cities have adopted the requested nuisance ordinance. The reasons why no other cities have adopted such an ordinance lie once again in what is stated above: (1) The issue of blue -green algae not "ripe" for adopting public nuisance standards (Page 80 of report); (2) The criteria by which the party responsible for mitigating nuisance ( "duty" or "causation ") would be virtually impossible to apply to blue -green algae given the current state of knowledge on the issue (and the lack of expert consensus) and the complicated laws regarding water ownership and rights, as explained on pages 80 -81 of my report; (3) There are serious logistical issues with the enforcement of any nuisance ordinance, regardless how worded, in the context of blue -green algae, as outlined on page 46 of my report (from Public Works Department leaders); (4) Nuisance law is too "clunky" a procedure that takes too long to enforce for it to be an effective method with which to address the issue of blue - green algae, as explained on Page 81 of report (and on page 46). e. Mr. Woolley notes the argument that "[ t]here is a lack of acceptable treatment programs to some parties" and then states that "[t]he suggestion of an expert panel discussion and conclusions would lend to this resolution." He concludes that "[t]he time is now for Federal Way to step forward and seek clarity to a known blight that is current and will continue until a reasonable solution is found for the residents around the lakes of Federal Way." I have two points in reply: i. The formulation of "a lack of acceptable treatment programs to some parties" as a reason not to adopt a public nuisance ordinance slightly mis- states my argument. My argument is not that a nuisance ordinance should not be adopted because some parties reject any treatment program but that, from my lengthy investigation, I have learned that there is no definitively proven treatment, as explained on Page 80 of my report, as part of the larger argument that the issue is not "ripe" for adopting public nuisance standards. As explained on Page 45 of report (from Public Works Department leaders): At present time, there is no known long -term treatment for blue -green algae, though there have been many successful short-term treatments (i.e. effective for 1 to 5 years). The science in this area is only a few decades old, and the number of studies done still small. Furthermore, as explained on Page 46 of report: [T]reatments that work by bonding to phosphorus (e.g. "alum" and zero- valent iron) would likely be effective for no more than five years. Within five years, the bonding would break down and release the nutrients (phosphorus) back into the lake, causing another algae outbreak. One concern about which there is no data is whether the resulting outbreak would end up being ten times worse than the initial ones. ii. While I do accept the recommendation of Mr. Woolley (and others) that the City should try to convene an "expert panel" (if possible) at a community meeting to be held by the Public Works Department (See RECOMMENDATION: LAKE JEANE), I do not believe that such a panel would, in Mr. Woolley's words, "lend to this resolution" for the reasons stated in e. i. above. One expert panel is not going to resolve a major ongoing and emerging area of limnology. f. Mr. Woolley correctly sites my argument that "[n]o definition of a residential lake exists" and then goes on to propose a definition. However, the argument about the "residential lake" proposition is more complicated than Mr. Woolley makes it seem. i. First of all, Mr. Woolley's proposal is that a very strict standard for acceptable level of cyano -toxin should be passed for "residential lakes ". However, as explained on Page 45 of my report (from Public Works Department leaders), "the City of Federal Way would have no way of determining a standard for `residential' lakes other than basically making it up, which would be unwise from a policy perspective since it would not be based on any verifiable scientific research." In comparison, "the WHO drinking water standard is based on millions of dollars of research over a period of ten years," and "[t]he State of Washington standard for recreational lakes was based on the Department of Health's Scientific Advisory Committee (which includes doctors, nurses, toxicologists, biologists, and other public health specialists)" Id. As Former State of Washington Department of Health Toxicologist Joan Hardy, who specialized in blue - green algae, stated: "It would be highly unusual for a city or county to have develop it's [sic] own standards that are different than the state or country." Id. ii. As explained on Pages 68 -69, Mr. Woolley's request for a stricter standard for "residential" lakes is based upon "his concern that mere proximity to a blue -green algae infected lake risks exposure to cyano - toxins." This brings us back again to the overarching point that the blue -green algae issue is not yet "ripe" for public nuisance standards, partially because, as stated on Page 80 of my report, "[t]he jury is still out on whether proximity to a blue -green algae - affected lake could cause health problems." See also ATTACHMENT to report (Page 3, paragraph 6) regarding opinion of University of Washington Professor Daniel E. Schindler that "the jury is still out on whether cyanotoxins can be an airborne hazard." See also Page 77 of Report regarding opinion of University of Washington- Tacoma Associate Professor Jim Gawel that " cyano- toxins do not usually cause poisoning unless one drinks from or swims in contaminated water." (As also stated, he was non - committal regarding "potential noxious gases from being nearby on a regular basis." Id. g. Mr. Woolley re- states a prior complaint that "[t]he question of the significance of the Club's well water injection into Lake Jeane was left unaddressed within the City's recently completed Joe's Creek Study Project."' I am unclear on how this complaint relates to the arguments for or against a nuisance ordinance, but it should be noted that (1) Professor Gawel is currently acting on his gracious offer to have his students do some sampling within the Twin Lakes, have the samples tested, and review that data along with data provided by me from publicly available records in order to begin drawing up a full phosphorus "budget" for the Twin Lakes; and (2) One of my recommendations is that the Department of Public Works assist homeowners interested in soliciting DOE for grant money to do a full phosphorus budget for the Twin Lakes. See RECOMMENDATION: LAKE JEANE. h. Mr. Woolley correctly cites my argument(s) concerning "the matter of which entity should have responsibility to correct the existing toxic conditions that is in violation of the specifics of a nuisance ordinance." He goes on to state, with no citation to authority, that "[i]t should be the entity that has legal responsibility of the management of an affected lake; the owner of land that contains the column of water, an HOA, a LMD, or even the City, County of State; etc." Mr. Woolley optimistically states that "[t]he responsible party can be easily determined." I disagree for the following reasons: i. Any argument that the responsible party "should be the entity that has legal responsibility of the management of an affected lake" is a tautology. Who has legal responsibility is what we would need to determine. ii. As noted above, Mr. Woolley cites no authority for the proposition that the responsible party should be the owner of the land that contains the column of water. In fact, as the entire controversy over Lake Jeane shows, ownership of the lake bed does not necessarily create the responsibility because, as has been repeatedly cited by all parties, it is the State that owns the water column. As noted on Page 36 of my Report (footnote 54), no less an authority than Assistant Attorney General Chris Reitz (who represents DOE) told me that "ownership of the lake bed does not give management authority because all waters belong to the State. The issue is one of who has management authority over the water column, not who owns the lake bed." Reitz also told me, as explained on Page 34 of my report, that "the legal issues raised by the Lake Jeane situation were novel in nature and that there is not much legal precedent." It should also be noted, as explained on Page 71 of my report, that the statute authorizing lake management districts ascribes no importance to ownership of the lake bed, mandating that that property "shall not be considered to be benefited, shall not be subject to special assessments or rates and charges, and shall not receive voting rights under this chapter." RCW 36.61.010(4). The entire Ward v. TLGCC lawsuit could be boiled down to unraveling the difficult question of who has overall management authority. As outlined on Page 10 of my report, the 'Mr. Woolley then goes on to re -assert the contention that the City did not follow Department of Ecology (DOE) grant guidelines. However, it must be stated again, as it is on Page 66 of my report, that DOE spokesman Larry Altose is quoted in the Federal Way Mirror (July 14, 2017 and July 21, 2017 editions) to the effect that the City's grant application did fall within the grant guidelines. The same point is essentially made in a September 15, 2017 letter from DOE Director Maia D. Bellon to State Reps. Mike Pellicciotti and Kristine Reeves that has been sent to stakeholders. parties in that lawsuit (eight Lake Jeane homeowners and Twin Lakes Golf & Country Club ( TLGCC)) ultimately ended up agreeing that homeowners, as dominant parties in the easement of enjoyment of Lake Jeane water, have the responsibility to keep the water in proper condition. Furthermore, as explained on Pages 23 -26 of my Report, Mr. Woolley also argued in his application for a permit to treat Lake Jeane and subsequent appeal to the Pollution Control Hearings Board (PCHB) that homeowners have the authority to treat Lake Jeane. While Mr. Woolley has told me that authority does not necessarily mean responsibility, the two are certainly related. Also, as explained on Page 26 of my Report, Mr. Woolley also cited the same legal principle as was utilized in the Ward v. TLGCC lawsuit that homeowners, as dominant parties in the easement of enjoyment of Lake Jeane water, have the responsibility to keep the water in proper condition. iv. The fundamental problem is summarized on Page 81 of my Report: [T]he determination of.who has a duty to act will always be subject to a complicated and potentially irresolvable analysis of various water and other property rights. Even DOE and its attorney found it difficult to make this analysis, so a fortiori, a municipal authority would likely find it difficult to do so. As has been noted, should the homeowners prevail on their lawsuit, such a ruling would also provide a basis for finding them responsible for any nuisance on the lake. V. While I have admittedly not researched this question in full, my basic legal knowledge informs me that no change in nuisance law can dictate who has a duty. Nuisance law may be amended to assign the label "nuisance" to a particular situation, but under basic Constitutional due process principles, I do not believe it can assign the duty to abate the nuisance to a particular party whose property interests do not support such a duty. For a simple example of my point, while a nuisance ordinance can certainly declare the leaving of garbage on a lawn to be a nuisance, I do not believe it would pass Constitutional muster for the ordinance to assign the duty to clear that garbage to, say, the next - door - neighbor to the immediate east of the offending lawn. While the current situation is certainly not such a blatant violation of due process, the same principle applies. The determination of who has a duty to abate a nuisance can only be determined with reference to property law, not nuisance law, and as we have seen, the property principles do not at this point provide clear guidance with respect to phenomena existing on waters in the watershed. i. Mr. Woolley next asks, "What are the problematic circumstance[s] that would be directed at the City; what is the duty of the City to take corrective action for a health hazard that impacts the citizens of Federal Way, where ever it exist[s][ ?] What element of the'Citizens should be permitted to be exposed to a known circumstance ?" To answer these questions one -by -one: i. The answer to the first question is on Page 80 of my report [T]he adoption of a public nuisance ordinance on blue -green algae and the application of it to Lake Jeane could foster litigation both by entities objecting to and contesting the validity of the ordinance and by entities seeking to force the City to enforce the ordinance. Even without litigation, enforcement of this sort of ordinance would be costly in terms of staff time and may require the hiring of additional staff with the proper expertise. ii. The second question assumes the predicate by assuming "a health hazard that impacts the citizens of Federal Way." As has already been discussed (from Page 80 of my report): "The jury is still out on whether proximity to a blue -green algae - affected lake could cause health problems. It is for these reasons that the only regulations and laws on this issue up to now have only mandated caution or warning signs or at most closure of a body of water." As for risks from drinking or swimming in contaminated water, note (from Page 77 of Report) that Professor Gawel said that "[i]n this case, ... since residents are well - informed, there should not be much risk." So with that understanding, as stated on Page 78 of my report: "While the City may choose to involve itself to a limited extent in this dispute, I have seen nothing that mandates the City has a duty to do so." Furthermore, as stated on Page 80 of my report, "I know of no cases where municipalities have been found obligated to adopt an ordinance." iii. The third question is a bit unclear. I am not sure I know what Mr. Woolley means by a "known circumstance." Assuming that he is referring to a known (alleged) health hazard, that issue has already been discussed in the immediate paragraph above. I can only add that it goes without saying that no "element of the Citizens" should be treated differently than any other "element of the Citizens ". This is basic 10 Amendment "Equal Protection ". j. Finally, Mr. Woolley asserts that "[t]he creation of a public nuisance ordinance that addresses the existence of toxic algae blights can be a co- option for any action taken by the FWCC on behalf of the FW population. It is the preventative aspects of such an ordinance that will be effective in assuring that a toxic condition is not allowed to exist and left to be unattended; the current case of the Lake Jeane matter." I interpret the first part of this assertion to be Mr. Woolley stating that nothing more would be needed than a public nuisance ordinance. Since I recommend against a public nuisance ordinance, this point is moot. As to the second part of Mr. Woolley's assertion, for all the reasons explained in this document and in my initial report, I disagree that a public nuisance ordinance would be "effective in assuring that a toxic condition is now allowed to exist and left to be unattended." However, as also previously noted, I do support the Parks, Recreation, Human Services, Public Safety Council Committee hearing arguments in favor of and against the public nuisance ordinance proposal from Mr. Woolley, another representative or representatives from the Lake Jeane homeowners, and a TLGCC representative. See RECOMMENDATION: LAKE JEANE.