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09-21-2021 Council Minutes - Regular,� CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting September 21, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:31 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute 3. PRESENTATIONS a. Public Safety Presentation and Police Officer Increase Proposal Mayor Ferrell noted in response to growing crime and drug activity in the community he along with the Police Chief and Finance Director have been working on a plan to increase staffing in the Police Department. He asked Chief Hwang and Finance Director Steve Groom to provide background and supporting information on the specifics of the need, the plan to hire more officers, and the options to fund this increase. Chief Hwang reported the United States is experiencing an increase in gun violence and Federal Way has had six murders to date in 2021. He addressed the increase in the census data for the city's population which is currently estimated at 101,030. He also noted a potential increase in future residents and visitors with major projects on the horizon including the opening of the Sound Transit Light Rail in 2024. He also spoke regarding recent state legislation which has changed policing and it appears has emboldened offenders to create more brazen and violent crimes. New legislation has also essentially de -criminalized possession of dangerous drugs which has caused more rampant and blatant public use, and officers are virtually prohibited from making arrests for drug use or possession. He believes much of the gun violence in the city stems from drug use, drug transactions and drug rips. To addresses this rapid decline in public safety, the Chief presented his recommendation which will be officially submitted to the Parks, Recreation, Human Services and Public Safety Committee Federal Way City Council Regular Minutes Page 1 of 9 September 21, 2021 in October and return formally to full Council for review and action. The Chief recommends a police force of 150 officers which include 13 new positions and 13 new police vehicles. He would also recommend 2 additional records specialist and 15 additional police vehicles for the take-home car program many other jurisdictions offer. Chief Hwang provided estimated costs for salary and benefits for 13 officers ($1,275,378 per year); salary and benefits for 2 records specialists ($126,386 per year); equipment/uniforms/registration costs ($183,000 one-time); hiring bonuses for recruitment ($98,000 one-time); and 28 equipped patrol vehicles ($2,072,000 initially, $259,000 per year replacement). Finance Director Steve Groom provided feedback regarding options for funding this increase in public safety. He noted the formal budget process allocates resources to the top priorities and intermediate corrections to the budget need to be addressed along with citywide needs and future budget consequences. He provided an update of current year saving from estimated and budgeted jail costs and existing position vacancies, and projected sales tax revenue. Director Groom also provided insight noting additional vehicles and staff obligates future revenues and on -going costs. He provided information on the options available which include using ARPA (American Rescue Plan Act) funds and how to fund the increase without using ARPA funding; noting that either option will have 2023-2024 budget consequences. The suggested next steps include a budget amendment to commit increased sales tax revenue and increase expenditures for capital (vehicles), personnel, equipment, and a ARPA Master Planning Update. Council thanked Chief Hwang and Director Groom for the presentations and information. Clarifying questions were asked regarding a projected timeline, the realistic expectation of hiring, and details on the take-home car program. It was clarified that this presentation is informational at this time; the formal request will be taken through the Committee process in October before coming back to Council for final action. Mayor Ferrell announced the Council would take a brief recess at 8:29 p.m. He reconvened the meeting at 8:41 p.m. b. Proclamation: Mayor's Day of Concern for the Hungry Mayor Ferrell read and presented the proclamation to Dan Lancaster, MSC Food and Clothing Bank Director. Mr. Lancaster thanked the Mayor and Council spoke to the increased need in the community; he is thankful for the support from the Council and the community's generosity. c. Proclamation: Hispanic Heritage Month — September 2021 Councilmember Baruso read and presented the proclamation to Miguel Maestas, Housing & Economic Development Director for El Centro de la Raza and Jacqueline Garcia, Founder & Executive Director of Mujer al Volante. Mr. Maestas and Ms. Garcia spoke to the importance of recognizing the value of the Hispanic and Latinx communities in Federal Way and the importance of equity and justice in employment opportunities, health care and wages. Both thanked the Mayor and Council for the proclamation. d. Proclamation: Diaper Need Awareness Week — September 26 — October 2 Councilmember Craft read the proclamation and acknowledged Toni Sarge, Director of Public Affairs, Westside Baby who was attending the meeting virtually however due to Federal Way City Council Regular Minutes Page 2 of 9 September21, 2021 the length previous presentations was unable to remain at the meeting. The proclamation will be sent to Ms. Sarge. e. Proclamation: National IT Professional Day — September 21 Council President Honda read and presented the proclamation to IT Director Thomas Fichtner who thanked the Mayor and Council for their support of the department. He thanked his staff for their hard work and dedication and noted in line with Council priorities the IT Department is working on implementing new cyber security and internet safety measures across the city systems. f. Mayor's Emerging Issues and Report Report regarding Afghan Refugees sheltered in Federal Way__ Policy Advisor Bill Vadino provided an update regarding King County Executive's temporary housing of Afghan refugees at the Extended Stay American which was recently purchased for the County's Health Through Housing program. Mr. Vadino noted it is expected that the first refugees will be placed at the Extended Stay facility next week where they will be assisted with 24/7 staffing. He also noted King County is seeking long-term and permanent housing for refugees in addition to this temporary housing. COVID-19 Report Deputy Chief Kyle Sumpter provided a report on current COVID-19 counts (positives, hospitalizations and deaths) in King County. Recent Community Events Mayor Ferrell provided a report on the 9/11 Memorial and Veterans Plaza Dedication at the Performing Arts and Event Center; he thanked the Parks and Public Works staff who worked on the project and the many committee members, veterans and community members who attended the ceremony. He also noted South King Fire and Rescue had a moving event on 9/11 at their station with artifacts from New York City and United 93 Flight. Upcoming Events Mayor Ferrell encouraged everyone to attend the Taste of Federal Way at the Farmers Market on September 25, beginning at 11:30 a.m. He also noted the Mayor's Day of Concern Drive-Thru food drive will be held Saturday, October 2 at Fred Meyers beginning at 10:00 a.m. g. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar noted the items on the consent agenda were previously discussed at Committee. She noted the next meeting is October 12 at 5:00 p.m. where the committee will be further discussing the information presented tonight about the police increase request. Land Use/Transportation Committee (LUTC): Chair Baruso highlighted items on the consent and the ordinance portion of the agenda were discussed at the last committee meeting. He noted the next meeting is Monday, October 4 at 5:00 p.m. on Zoom. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported the next meeting will be Tuesday, September 28 at 5:00 p.m. Federal Way City Council Regular Minutes Page 3 of 9 September21, 2021 Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson noted the next meeting will be October 13 at 10:00 a.m. Regional Committees Report (PIC): Councilmember Moore provided a report regarding roundtable discussions at the recent PIC meeting; he noted the next meeting will be October 13 at 7:00 p.m. via Zoom. Council President Report: Council President Honda stated Sound Transit may be closer to deciding on the OMF (Operations Maintenance Facility) South site, and she encouraged citizens and business owners to reach out to the Sound Transit Board in opposition to siting this facility in Federal Way. She noted the next meeting for Sound Transit is November 10 at 1:30 p.m. and anyone interested can attend virtually. She is concerned Sound Transit is taking needed community businesses and possibly school and daycare facilities from the city, if this large facility is located in Federal Way rather than reusing the Midway Landfill site. She also noted due to the rise in COVID numbers, the in -person City Council retreat has been postponed until after the new year. 4. PUBLIC COMMENT The City Clerk read the rules for public comment into the record. Bob Drake spoke in support of additional officers noting his family and other citizens do not feel safe in the city. Ken Blevens spoke in opposition of the proposed ordinance and does not want additional housing units in Federal Way for criminals and homeless individuals. Jacquelyn C❑ le thanked Police Chief Hwang for his recommendation to increase policing in the city and feels it is a Mayor's responsibility to keep law and order in the City. Anna Patrick thanked the Police Chief for his presentation and feels an increase in police officers is necessary however would like to make sure officers are retained. She also urged council to watch recent Planning Commission meetings in regards to HB 1220 and the proposed ordinance. Bettv Tavlor expressed that she does not feel safe outside of her home; she is concerned Federal Way is becoming a hot spot for crime. She thanked the Mayor and Councilmembers for their leadership and working to address crime. Allison Fine expressed her support for the appropriate amount of police in the city as well as increased focus on offering mental health and housing services. David VanVleet would like the City Council to issue a proclamation condemning the application of a "Harmful Content Warning" which he said has been placed on several historical documents by the National Archives. Mr. VanVleet also shared skepticism that adding police officers will benefit the city in light of the new policing legislature passed earlier this year. Phil Dalrymple expressed concerns about laws and programs implemented at the state and county level and how they negatively impact Federal Way. COUNCIL PRESIDENT HONDA MOVED TO EXTEND THE MEETING PAST 10:00 P.M; COUNCILMEMBER MOORE SECOND. Motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 4 of 9 September 21, 2021 Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Email from Josh Kim read by the City Clerk in agreement the Federal Way needs more police officers, but with the caveat that police receive more training. Emails from Rachel Routt-Utrera, Bridget Ohse, Dana Hollaway, Pam Schneider, Lorrie ❑smonson, Mary Herman, and Scott Chase read by the City Clerk in support of utilizing ARPA funding towards the addition of thirteen police officers. Emails from Mariah Rivera, Sonia Gilbert, and Traci Whiting read by the City Clerk in support of adding additional police officers. Email from Nancy Justice read by the City Clerk expressing concern about the crime in Federal Way as well as public letters not being read as part of public comment at Planning Commission meetings. Emails from Sue Ellebrecht and Debbie Harvey read by the City Clerk requesting financial assistance for senior citizens living in Federal Way. Email from Sarah Nelson read by the City Clerk opposing HB 1220 and the proposed ordinance. Email from Lyn-Idahosa read by the City Clerk stating a need for more child care in Federal Way. 5. CONSENT AGENDA a. Minutes: September 7, 2021 Regular and Special Meetings b. Authorization to Apply for and Accept the SWM Capacity Grant c. Master Lease Agreement with Verizon Wireless for Small Wireless Facilities d. Downtown Planning Grant Application e. Resolution: Supporting the Court's Efforts to Address Addiction and Mental Illness with the Sequential Intercept Model/APPROVED RESO #21-814 f. CDBG-CV2 Contract with WA State Department of Commerce g. Lease Agreement between Twin Lakes Plaza, LLC and the City of Federal Way for the Twin Lakes Substation h. Interlocal Agreement between City of Federal Way and Federal Way Public Schools for School Resource Officers King County Registered Sex Offender Cost Reimbursement Agreement j. Valley Narcotics Enforcement Team (VNET)/U.S. Department of Justice, Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area (HIDTA) Task Force Agreements k. Bid Acceptance — Roofing Replacement at Saghalie Restroom Buildings & Steel Lake Annex Barn HVAC Service Contract Amendment m. Janitorial Service Contract Amendment Federal Way City Council Regular Minutes Page 5 of 9 September21, 2021 COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEM A THROUGH M ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Planning Commission Appointments COUNCILMEMBER BARUSO MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE PLANNING COMMISSION: LAWSON BRONSON TO A VOTING POSITION WITH A TERM EXPIRING SEPTEMBER 30, 2025 AND JAE SO TO A VOTING POSITION FOR AN UNEXPIRED TERM THROUGH SEPTEMBER 30, 2024; SECOND BY COUNCILMEMBER KOCHMAR. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes b. Human Service Commission Appointment COUNCILMEMBER KOCHMAR MOVED THE APPOINTMENT OF AARON WALSH TO THE HUMAN SERVICES COMMISSION FOR AN ALTERNATE POSITION WITH A TERM TO EXPIRE JANUARY 31, 2024; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes c. Youth Commission Appointments Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes COUNCILMEMBER KOCHMAR MOVED TO WAIVE THE CITY RESIDENCY REQUIREMENT AND THE SOPHOMORE OR JUNIOR CLASS ELIGIBILITY REQUIREMENT FOR APPOINTMENT TO THE YOUTH COMMISSION AND MOVE THE APPOINTMENT OF ANDREW DEO AND NIKO MANJARES TO VOTING POSITIONS WITH TERMS EXPIRING AUGUST 31, 2022; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 7. ORDINANCE Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes First Reading a. Council Bill #811 /Ordinance: Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC 19.105.060 Federal Way City Council Regular Minutes Page 6 of 9 September 21, 2021 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-297, 99-333, 01-385, 02-423, 06- 515, 07-559, 08-585, 09-593, 09-605, 09-610, 12-713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.) Keith Niven, Planning Manager provided information regarding the proposed ordinance which would amend FWRC Title 19 to be consistent with the requirements of ESSHB 1220 relating to permanent supportive housing and emergency housing and shelter. Mr. Niven provided language directly from the recently approved state legislation (HB 1220) which defines both permanent supportive housing and emergency housing and issues a deadline of compliance of July and September 2021. In researching this issue and consulting with other local jurisdictions, he believes the city is better served by having standards in place than having no local regulations at all. Taking no action results in unlimited and unregulated supporting housing and emergency shelter in the city, as HB 1220 requires this use be allowed. Mr. Niven stated the city used the best available data from the 2020 Seattle/King County Point -in -Time Count of Individuals Experiencing Homelessness (Count Us In report) to project a trend from the last 4 years out 20 years. He noted this is the best source of data and is also being used by other cities. He acknowledged the count data is not segregated by city so the calculation is based on the city's population to best determine the city's portion of dwelling units and emergency housing/shelter units. He noted the State has yet to provide guidelines, so this estimate and projection can be amended at a later time if further information and data guidelines are made available from the State. He provided a chart of information outlining a summary of proposed amendments in each zone and provided information regarding the separation options between facilities. Mr. Niven also provided feedback on the discussions held at the Planning Commission and Land Use Transportation Committee meetings and referenced the Frequently Asked Questions (FAQ) page which addresses many common questions. The Council thanked Mr. Niven for his presentation and asked clarifying questions regarding licensing requirements, separation requirement from schools for facilities who are not housing families, and the greatest separation between facilities that will still meet the "need" requirements set by the state. It was also requested that many of the questions raised by Council be addressed on the Planning Divisions FAQ page. Mayor Ferrell called for public comment; the City Clerk did not have anyone signed up to speak. City Clerk read the ordinance title COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE OCTOBER 5, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. Councilmember Kochmar does not believe there has been enough public process and does not feel adequately informed; she will not be supporting the motion. Council asked for clarification on the State deadline for regulations; City Attorney Ryan Call noted the deadline has already passed as the timeline the State allowed was unfortunately Federal Way City Council Regular Minutes Page 7 of 9 September 21, 2021 very aggressive. He further stated without regulations in place, a permit could be submitted for any residential area of the city. Community Development Director Brian Davis also noted this process would normally take longer, however with the short time frame allowed by the State, city staff felt it was imperative to get regulations in place to protect the city. He again noted these regulations can be amended later, if needed. Council stated their desire to protect the community with regulations and understand this is a difficult topic which many citizens feel strongly about. After calling for public comment earlier, it was noted multiple individuals were on the virtual meeting who wished to provide comment. In order to allow for public comment with a motion on the floor; Councilmember Baruso withdrew his motion; Councilmember Assefa-Dawson withdrew her second. Public Comment: David VanVleet spoke in opposition of passing Council Bill 811 saying that it will not be healthy for the city and the community; he believes this action will destroy the suburbs and the neighborhoods. Jacquelyn Conley shared her astonishment that items are being approved at such a late hour; she feels this adds to the negative environment and is frustrated having to repeatedly say she no longer feels safe in this community. Anna Patrick spoke as a citizen and not as a Planning Commissioner noting she feels the urgency to get something passed, but there is also a need to take some control as to the types of housing that are coming into our city. She challenges the numbers proposed and feels South King County is set up for failure. Jack Walsh shared that many community members are not familiar with the processes of local government. He questioned the criteria for management of these facilities and feels this issue is of great to concern to many and the late hour limits public involvement. Rachel Routt-Utrera recognized the urgency due to the State requirement, however she expressed concerns about how this could affect safety in the City and her family's ability to feel safe in their neighborhood; she would like to see how the same issue is being handled in the eastside cities. City Attorney Call noted the city, similar to other jurisdictions, used metrics from the One Night Count/Point-in-Time Count as a basis for estimating what the State requirements might be. He reiterated this ordinance can be amended later after the law evolves and there is more guidance from the State. COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE OCTOBER 5, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-1 as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar no Councilmember Tran yes Federal Way City Council Regular Minutes Page 8 of 9 September 21, 2021 8. COUNCIL REPORTS Councilmember Kochmar provided no further report. Councilmember Moore provided no further report; he thanked his colleagues for hearing his thoughts and the public for participating. Councilmember Craft thanked the members of public who stayed on the meeting at this late hour; she was happy they were able to make their comments. Councilmember Tran provided no further report. Councilmember Baruso thanked everyone for their input and comments. He was proud to read the Hispanic Heritage Month proclamation and encouraged the public to not only support shops and businesses, but to look at the many Hispanic achievements in many areas of the US including sports and music. Councilmember Assefa-Dawson thanked those who stayed on the meeting and provided their comments. She noted she will be unable to attend the Mayor's Day of Concern food drive as she will be out of town. Council President Honda thanked Chief Hwang for his presentation noting hiring that number of officers will take time and it will not happen overnight; she believes they hire the very best and that might take time. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 11:53 p.m. Attest: ph nie Courtney City Clerk Approved by Council: 10/061W) Federal Way City Council Regular Minutes Page 9 of 9 September 21, 2021