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PRHSPSC MINS 06-08-2021 K:\PRHSPS Committee\2021\06-08-2021 Minutes.doc City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 8, 2021 5:00 p.m. SUMMARY Committee Members Participating via Video Conference: Chair Kochmar and Committee members Assefa-Dawson and Baruso Council Members Participating via Video Conference: Council President Honda and Council member Craft Staff Members Participating via Video Conference: Ryan Call, City Attorney, Chief Andy Hwang, Commander Kurt Schwan, Jason Gerwen, Parks Deputy Director, and Mary Jaenicke, Administrative Assistant II. Guests: None Chair Kochmar called the meeting to order at 5:00pm Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Baruso motioned to approve the May 11, 2021 minutes as written. Committee member Assefa-Dawson seconded. Motion passed. Police Body Worn Camera (BWC) Program Commander Schwan provided the background information. His presentation included information on the financial impacts and how they reached a decision to use the AXON system. Law enforcement is transitioning to the Body Worn Camera’s (BWC). The department began researching BWC in mid-2020. They identified three companies that provided these products and invited them to City Hall to provide demonstrations of their equipment. After the demonstrations it was clear that AXON provided the preferred program. The department currently has a contract with AXON for their tasers. 70% of the agencies in the United States use the AXON BWC. They will have 143 BWC licenses. Anyone that is out on the field and has citizen contact will wear a camera. They will enter into a five-year agreement for the cameras and the tasers. The tasers are linked up with the cameras; the camera is activated when the taser is turned on. This program will require the hiring of three new FTE’s. The total cost of the program for the first year is $942,761.00 – this includes the salary and equipment. Economic Development Director Tim Johnson will provide a detailed presentation on how the City will pay for the program. The two identified funding options are the American Rescue Plan Act (ARPA) and a grant program. They have been assured that the funds are there to pay for the program. The Police Department will be developing policies on when the cameras can and cannot be turned off. Commander Schwan recommended that as soon as this program is approved by the City Council they start the hiring process for the three additional staff. They would like to be prepared to start the program on January 1, 2022. Committee member Assefa-Dawson moved to forward the proposed agreement to the June 15, 2021 City Council Business agenda for approval. Committee member Baruso seconded. Motion passed. ORDINANCE: Repealing the Criminalization of the Possession of Drug Paraphernalia in Response to State Preemption on the Subject City Attorney Call provided the background information. Staff Call is presenting two ordinances to repeal two laws that were passed in response to the Blake decision. The Blake decision was a PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 15, 2021 Summary Page 2 Washington Supreme Court case that said that the statute that criminalized simple possession of drugs was unconstitutional because it lacked a criminal intent element. In response to this, the City of Federal Way passed an ordinance to have a local criminal statute on the books for preventing or criminalizing the possession of drugs. The state legislature acted to create their own solution which was SB 5476. Both of the ordinances are now in conflict with state law. This ordinance has been on the books for quite some time. SB 5476 talks about drugs, but it also crossed out several types of drug paraphernalia. The legislature kept things that are used to create, cultivate or grow drugs, but decriminalize anything for using or storing drugs. This law now conflicts with our local law. The proposed ordinance repeals sections 6.10.040, 6.10.050 and 6.10.060. Those things that are still criminal under state law (things used to manufacture drugs) are still criminal and could be prosecuted by the county. Committee member Baruso moved to forward the proposed ordinance to First Reading on June 15, 2021. Committee member Assefa seconded. Motion passed. ORDINANCE: Repealing the Criminalization of the Possession of a Controlled Substance in Response to State Law Preempting the Subject. City Attorney Call provided the background information. The City passed an ordinance in April criminalizing possession of marijuana as a gross misdemeanor. The ordinance states that the Council will repeal ordinance 21-911, which has become invalid due to state preemption on the subject. Committee member Assefa-Dawson moved to forward the proposed ordinance to the First Reading on June 15, 2021. Committee member Baruso seconded. Motion passed. Other President Honda inquired about Concerts in the Park. Staff Gerwen answered that there would be Concerts in the Park and there will be Movie Night. NEXT REGULAR MEETING July 13, 2021 ADJOURNMENT Meeting adjourned at 5:36p.m.