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05-10-2022 PRHSPSC PKTCity of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee May 10, 2022 5:00 p.m. Federal Way City Hall — Council Chambers MEETING AGENDA Notice: Due to Governor Inslee's Proclamation 20-28, the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: Click Here to Watch Online Live Streaming Video of the Meeting } Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 and password: 442570 Sign -Up* here to give citizen comment during the meeting (via calling -in) Click Here to submit written comments to the PRHSPS Committee Meeting Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 To ensure your comments are received and processed your request must be submitted at least 1-hour prior to the start of the meeting 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council A. Approval of April 12, 2022 Minutes B. Access to City Facilities for Select Community Groups C. Report on PAEC Operations D. Sacajawea Park — PSE Easement for Guy Wires Committee Members Jack Walsh, Chair Lydia Assefa-Dawson Erica Norton or Info Date 3 Action N/A Lamont N/A Discussion N/A Styles Gressett 5 Information N/A Gerwen 9 Action Consent 5/17/22 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2022\05-10-2022 Agenda.doc 4. OTHER 5. FUTURE MEETING: The next PRHSPS meeting will be June 14, 2022 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Jack Walsh, Chair Lydia Assefa-Dawson Erica Norton City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2022\05-10-2022 Agenda.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 12, 2022 5:00 p.m. SUMMARY Committee Members Present: Chair Walsh and Council member Assefa-Dawson Committee Members Excused: Council member Norton Council Members Present: Council President Kochmar and Deputy Mayor Honda Staff Members Present: Joanna Eide, Assistant City Attorney, Commander Ray Bunk, Autumn Gressett, Contract Administrator, John Hutton, Parks Director and Mary Jaenicke, Administrative Assistant II. Chair Walsh called the meeting to order at 5:00pm BUSINESS ITEMS A roval of Minutes Committee member Assefa-Dawson motioned to approve the March S, 2022 minutes as written. Chair Walsh seconded. Motion passed. Northwest Thermal Hvdronics LLC Retains a Release Staff Gressett stated that Parks -staff -is-requesting-that-City Council accept the -project to replace the water heaters at the Federal Way Community Center as complete and authorize staff to release the retainage. Committee member Assefa-Dawson asked how long the water heaters last. Staff Gressett answered that she was unsure but she would let Council know prior to the City Council meeting. Committee member Assefa-Dawson moved to forward accepting the water heater replacement at the Federal Way Community Center as complete and authorize staff to release the $2,250.00 retainage to the April 19, 2022 consent agenda for approval. Chair Walsh seconded. Motion Passed. Amendment No. 2 to the Pierce Transit Extra Duty Police Services Agreement Commander Bunk provided the background information. The City entered into an agreement with Pierce Transit for Federal Way police officers to work extra duty at various Pierce Transit stations and facilities in Federal Way. The Federal Way Police Department is increasing the billing to Pierce Transit by 5.7% to cover increases in 2022 and there will be an additional increase of 5.2% in 2023. Committee member Assefa-Dawson moved to forward the proposed Amendment to the April 19, 2022 consent agenda for approval. Chair Walsh seconded. Motion passed. Acceptance of Washington Association of Sheriffs and Police Chiefs Officer Wellness Pro ram Grant Funds. Commander Bunk provided the background information. The Federal Way Police Department will receive a grant in the amount of $18,200 from the Washington Association of Sheriffs and Police Chiefs. The grant will support mental wellness by providing a Mental Health Professional (MHP) on site to meet with police officers and civilian staff. In 2021 the second ranking cause of death to officers was suicide. The MHP will be there approximately four hours a week on average. Committee member Assefa- Dawson stated that this is a very important issue and asked if there were other ways to increase the funding. Commander Bunk stated that if this program is successful he will come back and ask the City Council for more funding. Committee member Assefa-Dawson moved to forward the WASPC Grant Agreement to the April 19, 2022 consent agenda for approval. Chair Walsh seconded. Motion passed. 3 K:\PRHSPS Committee\2022\04-12-2022 Minutes.doe PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 12, 2022 Summary Page 2 A reement Between the Washington Traffic Safety Commission TSC and the Federal Wa Police De artment to Provide Grant Funding for Traffic Enforcement Commander Bunk provided the background information. The WTSC created a walker/roller grant; they want police officers to focus on pedestrian violations. The emphasis will be on changing the behaviors of people riding hover boards, skateboards and electric scooters to reduce collisions with motor vehicles. This is a $5,000 grant and it will be utilized by the Traffic Unit and the focus will be on Hwy 99. Committee member Assefa-Dawson moved to forward the WTSC Grant Agreement to the April 19, 2022, City Council consent agenda for approval. Chair Walsh seconded. Motion passed. Ordinance: Reckless Use of Fentanyl in Public Spaces Staff Eide presented the proposed ordinance regarding the reckless use of Fentanyl in public spaces. Staff Eide's presentation included information on Fentanyl. It's a synthetic opioid usually used to treat patients with chronic or severe pain after surgery. It's similar to morphine, but a lot more potent. Fentanyl has become a large part of the illicit drug market because of its potency and availability, it's also very cheap to produce. Two milligrams of fentanyl can be fatal; in 2020 fentanyl was the drug that was most involved in overdoses in Washington state. There has been an increase of people smoking it instead of ingesting it other ways. Staff Eide reviewed the proposed ordinance; it's a gross misdemeanor offense that is specific for the reckless use of Fentanyl in public places. It's punishable by up to 364 days in jail, a $5,000 fine, or combination of both; these are the standard penalties that are associated with a gross misdemeanor crime. The ordinance also defines what a "public space" 'is. The ordinance is based on a legal theory similar to the reckless endangerment state law. Staff Eide's presentation was followed up with questions from the Committee members and Council. There was discussion on why the ordinance --specified -Fentanyl?--should the ordinance address smoking any- illegal drugs? Staff Eide answered that the problem is that this ordinance is constructed following the same legal theory as reckless endangerment and in order for a person to be found guilty of reckless endangerment there has to be a risk or an actual occurrence of serious injury or death of another person by the activity that that person is engaging in. The reason why Fentanyl is being focused on is because of its potency level and its rapid increase of being widely available on the illicit market, widely available in public and the increase of people smoking Fentanyl generally and in public places. Deputy Mayor Honda and Committee member Assefa-Dawson both stated that they have concerns with this ordinance. They do not want to have something on the books that the City won't be able to enforce. Staff Eide stated that it was constructed to be "enforceable given the elements of the offense that were written into the ordinance and the way it follows the theory of reckless endangerment. Committee member Assefa-Dawson moved to forward the proposed ordinance to First Reading on the April 19, 2022, Council meeting agenda. Chair Walsh seconded. Motion passed. Other Business None NEXT REGULAR MEETING May 10, 2022 ADJOURNMENT Meeting adjourned at 6:11 p.m. 4 COUNCIL MEETING DATE: N/A ITEM #: N/A CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REPORT OIL PAEC OPERATIONS POLICY QUESTION: N/A COMMITTEE: PRHSPS MEETING DATE: 5/10/2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other — Information Onlv STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: Parks/PAEC .................._.............................. Attachments: REPORT ON PAEC OPERATIONS Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: dj' Co n tee Li ial/Date R10t.ate COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: [nitial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 9 Performing Arts and Event Center Presenter: Autumn Gressett Monthly Report — May 2022 Presented at Parks, Recreation, Human Services & Public Safety Committee May 3, 2022 5:00pm • Total Usage Days — March 20 (vs. 4 in 2021) • Total Usage Days —April 16 (vs. 8 in 2021) • Theater Rentals/PAEC Presents Held in March ® Wednesday rehearsals Federal Way Youth Symphony ■ 3/3-3/5 Auburn Symphony Orchestra Rehearsals and Performance ■ 3/6 Colin Mochrie ® 3/8,11,13 FW Symphony Rehearsals & Performance ■ 3/10 Ladies of Laughter ® 3/12 FW Youth Symphony Performance ® 3/25 Variety Show ■ 3/27 Golden Girls Puppet Parody Show ■ 3/29 Glenn Miller Orchestra • Theater Rentals/PAEC Presents Held in April ■ Wednesday rehearsals Federal Way Youth Symphony ■ 3/31-4/3 Auburn Symphony Orchestra Rehearsals and Performance ® 4/8 Threelogy Concert ■ 4/19, 22, 24 FW Symphony Rehearsals & Performance ■ 4/21 Derina Harvey Band ■ 4/28 Ballet Folklorico Rescheduled from 2020 ® 4/30 Menopause the Musical (2 performances) Rescheduled from 2020 • Event Space Rentals Held in March ® Amazon driver training parking lot/patrons lounge 5days • 3/2 —Greater Federal Way Chamber Luncheon ■ 3/19 —Celebration of Life ® 3/21— Landa/Ruse Wedding ■ 3/24—City Planning Dept. Open House • Event Space Rentals Held in April Y Amazon driver training parking lot/patrons lounge 3 days ■ 4/6 Greater Federal Way Chamber Luncheon ■ 4/7 Arts Commission Monthly Meeting ■ 4/13 Greater Federal Way Chamber Marketing Workshop ■ 4/15 Jehovah Witness Passover Gathering "Federal Way Youth Symphony Rehearsals per MOU are at no cost to RAO Approximate cost to the PAEC per week: $155 in Labor + $250 per rehearsal day in Utilities = $405 Four times per month = $1620/month. (Approximate yearly cost $19,440.00) this is just rehearsals and does not include 3 performances per year. • GM — participates in Bi-Weekly regional GM conference calls • GM — participated in monthly Gala and Foundation Board meetings • GM —Attended monthly City FW Arts Commission meetings • Oak View Group Bi-Weekly regional booking calls, Bi-Weekly national booking calls • Completed Annual Sprinkler/Hood/Fire Extinguisher Inspection(s) - March • Completed Annual and Syr platform elevator inspection/testing 6 1 Performing Arts and Event Center Monthly Report — May 2022 Presenter: Autumn Gressett • Power outage to facility on March 23, had to postpone Glenn Miller Orch Concert • Replaced 20 vandalized landscaping lights • Catalytic converter stolen from Amazon rental truck in parking lot • Damage to 3 pieces of glass in main lobby waiting on estimate to replace • Repaired numerous water leaks in boiler room and storage room • Corporate support from Finance Dept. • Hired Assistant GM/Director Operations March/April Marketing Recap Website Metrics Radio Unique Pageviews 11,578 KNKX Total Pageviews 14,925 KSWD, KHTP, KISW Email Statistics Print Messages Sent 42,414 Federal Way Mirror Open Rate 33% Click Rate 4% TV Cascade Media Page Likes 3,308 Post Reach 113k Engagements 17.8k Link Clicks 1.9k Digital Showcase Media Miscellaneous Billboards on 1-5 UPCOMING EVENTS May 4 — Greater Chamber Luncheon May 5 & 7, Federal Way Chorale Rehearsal and Performance May 6, Satinder Sartaaj Concert May 8, Soul of a Women Concert May 12-15, Auburn Symphony Rehearsals and Performance May 14, City Parks Touch a Tuck May 20 Washed in Black Concert May 21, South King County Athletic Scholarship Fundraiser Brunch May 23-27, Connections Academy State Testing May 28, Punjabi Mela Concert 2 7 CITY OF Federal Way Centered on Opportt. mtlr Hs page was MUmbna,, HV hft PoMa CIA. SUBJECT: Sacajawea Park - PSE Easement for Guy Wires POLICY QUESTION: Should the City grant an easement to Puget Sound Energy to place guy wires for power poles on City Parks Department managed property so the Pacific Highway S Non -Motorized Corridor Project can be constructed as designed? COMMITTEE: PRHSPS MEETING DATE: May 10, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks Deputy Director DEPT: Parks ....................._z................................ -......................................................................................................................................................... ......................................................................................................................._...................................... Attachments: 1. Staff Report 2.1401 S Dash Point Rd - Anchor Only 3. 2022 (4.26) -- SAC Non -Motor Frail - Power Pole Goy Mire 4. SAC - PSE Easement - Guy Wire - Reference map & picture Options Considered: 1. Approve the proposed easement. 2. Do not approve proposed easement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: :� DIRECTOR APPROVAL: �y�1j,Z� flee Coun Init' UDate initial/Date In:kiaMate COMMITTEE RECOMMENDATION: I move to forward the proposed easement to the May 17, 2022, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL LOTION: "I move approval of the proposed easement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION #; CITY OF FEDERAL WAY MEMORANDUM DATE: April 26, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor Brian Davis, Interim City Administrator FROM: Jason H. Gerwen, Parks & Facilities Deputy Director SUBJECT: Sacajawea Park - PSE Easement for Guy Wires Financial Imuacts: There is no financial impact to the City for the Puget Sound Energy (PSE) power pole guy wire easement and there will be no future costs upon completion of the power pole easement. Background Information: The City of Federal Way Public Works Department is working to construct the Pacific Highway S Non -Motorized Corridor Project. This expansion will necessitate relocating utilities, requiring PSE to move two power poles within the Right -of -Way (ROW). The power poles will stay in the ROW with the relocation, but the guy wires supporting the poles will land on the edge of Parks Department Property in Sacajawea Park, necessitating an easement. The granting of the easement for the power pole guy wires on to City Parks Property will have no impact on the park's current uses or functions. to Rev. 7/18 RETURN ADDRESS: Puget Sound Energy, Inc. PO Box 97034 / EST-06W Bellevue, WA 98009-9734 Attn: ROW Department / PT I PUGET SOUND EIVERU"'Y 0 EASEMENT REFERENCE #: GRANTOR (Owner): CITY OF FEDERAL WAY GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Por. of SE05, 21N, 04E ASSESSOR'S PROPERTY TAX PARCEL: 052104-9016 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF FEDERAL WAY, a Washington municipal corporation ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: AN EASEMENT AREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF PSE'S FACILITIES AS NOW CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE EAST FIFTEEN (15) FEET OF THE ABOVE DESCRIBED PROPERTY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove or upgrade one or more guy wires, anchor poles and anchors together with any and all necessary or convenient appurtenances thereto. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. Owner shall be entitled to compensation for damage to the Property caused by the exercise of such right of access by PSE. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. PSE Anchor Easement 2022 101140779 / RW-125685 Page 1 of 4 11 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. DATED this day of , 20 PSE Anchor Easement 2022 101140779 / RW-125685 Page 2 of 4 12 OWNER: CITY OF FEDERAL WAY, a Washington municipal corporation By: (name) Its: (title) STATE OF WASHINGTON ) SS COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person(s) who signed as of CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal, text and all notations must be inside 1" margins PSE Anchor Easement 2022 101140779 / RW-125685 Page 3 of 4 13 EXHIBIT "A" LEGAL DESCRIPTION APN: 062104-9016 (PER SPECIAL WARRANTY DEED NUMBER 9102200672, DATED JANUARY 2, 1991, KING COUNTY, WASHINGTON RECORDS) SE'/4 OF NE % OF SE'/4 OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LESS COUNTY ROAD. ALSO, PORTION OF NORTH Y2 OF NE '% OF SE % OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING SOUTH OF COUNTY ROAD, LESS COUNTY ROAD. 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