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2020-02-18 Council MIN - Regular CITY OF Federal WayV::*�L CITY COUNCIL REGULAR MEETING MINUTES Council Chambers — City Hall February 18, 2020 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:38 p.m. City officials in attendance: Mayor Jim Ferrell, Councilmember Lydia Assefa-Dawson (via phone), Councilmember Hoang Tran, Councilmember Susan Honda, Councilmember Mark Koppang, 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. Swearing In Ceremony for 7 New Police Officers Police Chief Andy Hwang introduced seven (7) new officers and provided backgrounds for each. He welcomed Officer Brandon Bessey, Officer Daniel Bartolo, Officer Ki Lee,Officer Sara Nader, Officer Kenneth Richee-Banks, Officer Zachary Shaman, and Officer Arianna Webster. Mayor Ferrell administered the Oath of Office and congratulated the officers. Councilmember Moore joined the meeting at 6:41 p.m. b. EI Centro de la Raza Presentation Ms. Ortega was unable to attend tonight's meeting and will reschedule to a future meeting. Mayor Ferrell announced Councilmember Assefa-Dawson was participating via phone. c. Mayor's Emerging Issues and Report Mayor Ferrell encouraged everyone to attend the annual State of the City Address on February 27 at 6:00 p.m. at the Federal Way Performing Arts and Event Center. This community event is free and will be a wonderful opportunity to hear a update on the city. In Federal Way City Council Regular Minutes Page I of 10 February 18, 2020 addition to the presentation there will be over 40 tables hosted by staff, organizations and partner agencies serving Federal Way. Mayor Ferrell noted the application period has closed to filling the vacant Council Position #2 with 19 applications received. An interview date will be soon be set as the Council works through this process. He was pleased to announce there will be two Neighborhood Connection Meetings this Spring; one in March and one in April. He is currently working to secure school locations for the Town Hall type of meeting where citizens are encouraged to attend hear updates and ask questions of the Mayor and staff. d. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) Chair Tran announced the next meeting would take place on Tuesday, February 25 with a new start time of 5:00 p.m. Lodging Tax Advisory Committee (LTAC) Chair Assefa-Dawson reported the last LTAC meeting was held on February 12. She further reported on events at the King County Aqua including PAC12 Men's and Women's Diving Championships and the NCAA Championships which will be held in March. More information on these events and more are showcased on FWTV Gov Access Channel 21. Land Use/Transportation Committee (LUTC) Chair Koppang reported the next meeting of the Land Use/Transpiration Committee is March 2. He noted the Committee has had important discussions regarding the policy of panhandling in the city and free speech. He asked for increased citizen participation and would like to see more citizens engage in a discussion and policy. Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) - Chair Kochmar reported the majority of the consent agenda went through the Committee. The next meeting of the Parks/Recreation/Human Services/Public Safety Council Committee will be Tuesday, March 10. Regional Committees Report (PIC) Councilmember Moore noted the Sound Cities Association discussed the proposed excise tax bill currently in the State Legislature. Deputy Mayor Report Deputy Mayor Honda reminded everyone that Council Committee meetings are now being recorded and posted on the city YouTube page. She reported on her attendance at the South King County Area Transportation Board meeting where trail connections in King and Pierce Counties were discussed. She was please to attend recent events at the King County Aquatics Center. 4. CITIZEN COMMENT Federal Way City Council Regular Minutes Page 2 of 10 February 18, 2020 (Clerk's Note: citizen comment began at 6:59 p.m.) Ron Campbell, the president of the Grouse Point Homeowners Association, read a recent letter he wrote to Mayor Ferrell asking that the City consider installing a roundabout at the intersection of S 344th St and 25th Ave. SW to help abate speeding. He also requested that if a roundabout were to be put in, that it be constructed to accommodate the needs fire trucks. PW Director EJ Walsh noted staff have received this request and are working through the process of evaluation for a neighborhood safety project. Gary Grant provided a letter and photographs to the Mayor, City Council, and Police Chief Andy Hwang addressing several long-standing concerns that he has regarding his neighborhood. Craig Patrick requested that in response to the (Advisory) Proposition #1 vote at the last general election the Council consider placing a 10 year moratorium on cannabis retailers in Federal Way. City Attorney Call responded at the Mayor's request noting current Council cannot bind future Council actions. Letter read into the record by City Clerk from Melissa Pederson urging the Council to consider participating in the Beyond Diversity Training. Allison Taylor would like see whoever is appointed to fill the Council vacancy represent the growing, diverse and multi-cultural community Federal Way is currently. She would like to see more work done to be inclusive and welcoming. (Clerk's Note: citizen comment ended at 7:16 p.m.) 5. CONSENT AGENDA a. Minutes: February 4, 2020 Regular and Special Meeting Minutes b. DSHS Respite Care in Community Settings — PULLED AND APPROVED SEPARA TEL Y c. 2020 Parks & Recreation Commission Work Plan d. Parks Property Tax Levy Agreement e. FieldTurf USA, Inc. Retainage Release f. Valley SWAT Interlocal Agreement Addendum g. New Allocation MOU's for FY17, FY18 and FY19 JAG Award h. Agreement with Federal Way Youth Action Team for Capacity Building and Community Support i. Agreement with Phenomenal She for After School Programming j. Agreement with EI Centro de la Raza for After School Programming k. Agreement with Boys and Girls Clubs of King County for After School Programming PULLED AND APPROVED SEPARA TEL Y I. Resolution: Pooling Funding between South King Housing and Homelessness Partners (SKHHP) Cities Related to Affordable and Supportive Housing — Sales and Use Tax (RCW 82.14.540) as Authorized by Substitute House Bill (SHB) 1406 m. Horizontal Curve Warning Signs — 80% Design Report and Authorization to Bid n. Lakehaven Water and Sewer District Interlocal Agreement Federal Way City Council Regular Minutes Page 3 of 10 February 18, 2020 o. Citywide Adaptive Traffic Signal Control/Traffic Control Center—Authorization to Contract Expenditure Increase Councilmember Tran pulled item b as he is employed by DSHS; he recused himself from this vote. Councilmember Koppang pulled item k as he is a Board Member for the Boys and Girls Club. DEPUTY MAYOR HONDA MOVED TO APPROVE ITEMS A, C-J, AND L-O ON THE CONSENT AGENDA; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEM K;COUNCILMEMBER MOORE SECOND. The motion passed 5-0 as follows with Councilmember Koppang recused: Deputy Mayor Honda yes Councilmember Koppang recused Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEM B;COUNCILMEMBER MOORE SECOND. The motion passed 5-0 as follows with Councilmember Tran recused: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran recused Councilmember Kochmar yes 6. COUNCIL BUSINESS a. Lodging Tax Advisory Committee Appointment DEPUTY MAYOR HONDA MOVED TO APPOINT NAOMI TILFORD TO A VOTING POSITION ON THE LODGING TAX ADVISORY COMMITTEE WITH A TERM EXPIRING OCTOBER 31, 2021; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes b. Human Services Commission Appointments COUNCILMEMBER KOCHMAR MOVED TO APPOINT KATHERINE FESTA TO VOTING POSITION NUMBER 1 WITH A TERM TO EXPIRE JANUARY 31, 2021; KATHRYN SCANLON TO POSITION NUMBER 7, TONY PAGLIOCCO TO POSITION NUMBER 8 AND VIVIAN ALEXANDER TO POSITION NUMBER 9 WITH VOTING TERMS TO EXPIRE JANUARY 31, 2023; AND JOSEPH FRANCO TO AN ALTERNATE POSITION WITH A TERM TO EXPIRE JANUARY 31, 2023; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes c. Arts Commission Appointment Federal Way City Council Regular Minutes Page 4 of 10 February 18, 2020 COUNCILMEMBER KOCHMAR MOVED TO APPOINT KAREN BRUGATO AND KENNY BYRNE AS VOTING MEMBERS OF THE ARTS COMMISSION WITH A TERM EXPIRING DECEMBER 31,2022; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes d. Proposed Settlement Agreement regarding Van Moorsel Lawsuit City Attorney Ryan Call presented a brief report on this settlement agreement regarding a lawsuit filed by the family of Mr. Van Moorsel who died as a result of an early morning car accident on Pacific Highway/SR 99 from icy conditions. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT IN THE MATTER OF VANMOORSEL VS. CITY OF FEDERAL WAY IN THE AMOUNT OF$395,000 WITH COSTS EXCEEDING $250,000 TO BE PAID BY THE CITY'S INSURER; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes e. Resolution: Amending Council Rules of Procedure City Attorney Ryan Call reported the Council met on February 4, 2020 to discuss potential changes to Council Rules of Procedure. Per direction from Council, the following changes have been made: 1. Set the regular meeting schedule to reflect practice of cancelling or rescheduling certain meeting every year 2. Change title from "Deputy Mayor" to "Council President" 3. Outline the process used for proposal and approval of Council proclamations DEPUTY MAYOR HONDA MOVED APPROVAL OF PROPOSED RESOLUTION AMENDING THE COUNCIL RULES OF PROCEDURE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes f. Resolution: Amending Code of Ethics City Attorney Ryan Call noted one change to the Code of Ethics was also discussed at the February 4, 2020 Special Meeting. This change is related to allowing elected officials to accept and sit as guests at dinner tables for charitable or civic events. He referenced RCW 42.52.150(2)(j) which governs state employees and presumes the following is not defined as a gift: "Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental or community organization." Federal Way City Council Regular Minutes Page 5 of 10 February 18, 2020 The change has been made to the Code of Ethics 2.4(I) per Council direction. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF PROPOSED RESOLUTION AMENDING THE CODE OF ETHICS; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes g. 2020 Planning Commission Work Program Planning Manager Doc Hansen provided a presentation on the Planning Commission's Work Program. His presentation included reviewing the tasks completed in 2019 and the new priorities included on the 2020 Work Program. Major tasks include developing a Housing Action Plan, amending the language of the Sign Code, reviewing school impact fees, cottage housing, and continuing work on development related to transit. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE RECOMMENDED 2020 PLANNING COMMISSION WORK PLAN; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes h. Council Discussion and Possible Action Regarding a Position on HB 2907 which would Authorize an Excise Tax on Businesses in King County Policy Advisor Bill Vadino briefed Council on the recent updates to the ever evolving HB 2907 which if passed would authorize an excise tax on certain businesses in King County to fund homelessness services. Mayor Ferrell and the Council thanked Mr. Vadino for the update and remain focused on this issue. Concerns included lack of notice and cooperation with King County cities, distribution of funds where the design is to send 43% of funds collected from Federal Way sent to the city with the highest homelessness population (Seattle). The remaining 57% is distributed by the county with cities and regional housing partnerships. Council expressed concerns with HB 2907 and discussed authorizing the Mayor to send a letter to the State relaying these concerns. Councilmembers stated they would like more answers to questions and a thorough discussion before further action is taken. COUNCILMEMBER KOCHMAR MOVED TO DIRECT THE MAYOR TO WRITE A LETTER ON BEHALF OF THE MAYOR AND COUNCIL STATING OPPOSITION TO HOUSE BILL 2907 PREFERRING MORE DISCUSSION ON THIS ITEM BEFORE ANY FURTHER ACTION; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Federal Way City Council Regular Minutes Page 6 of 10 February 18, 2020 Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes i. Federal Way Link Extension Station Naming Sound Transit Liaison Ryan Medlen provided a follow up on the presentation he provided at the Land Use/Transportation Committee. Mr. Medlen noted Sound Transit has announced the station name following a public survey and outreach effort. He noted Sound Transit policy regarding station names includes the following requirements: Reflect the nature of the environment Brief and easy to remember Comply with federal guidelines and policies No longer than 30 characters long Avoid commercial references or names similar to existing station names Sound Transit provided an opportunity for public input though online and in-person open houses. The name with the most votes is Federal Way Transit Center Station. COUNCILMEMBER KOPPANG MOVED SUPPORT NAMING THE FUTURE LIGHT RAIL STATION THE "FEDERAL WAY TRANSIT CENTER STATION,"WHICH WAS THE NAME THAT RECEIVED THE MOST VOTES OF THE PUBLIC; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes 7. ORDINANCES First Reading a. Council Bill #775 Related to Grating Seattle SMSA Limited Partnership dba Verizon Wireless Franchise Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, ITS AFFILIATES, SUCCESSORS AND ASSIGNS A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, OPERATING, REPLACING, AND REPAIRING A TELECOMMUNICATIONS NETWORK CONSISTING OF SMALL WIRELESS FACILITIES IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW THE CITY OF FEDERAL WAY. Public Works Deputy Director Desiree Winkler presented information regarding the proposed franchise agreement. Citizen comment: Allison Fine inquired if studies have been done to identify current or future health issues as have been reported elsewhere regarding 5G and cell tower modifications. Federal Way City Council Regular Minutes Page 7 of 10 February 18, 2020 Ms. Winkler acknowledged while she is not an expert on this issue, the design guidelines do include RF studies before they are allowed to be permitted and implemented. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MARCH 3, 2020 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes b. Council Bill #776 Ordinance revising FWRC 6.35.030 Pedestrian Interference AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PEDESTRIANS INTERFERING WITH TRAFFIC;AMENDING FWRC 6.35.030.(Amending Ordinance Nos. 15-802, 15-784, 11-697, 08-576, 05-509, 94-214, and 91-89) Assistant City Attorney Eric Rhoades provided a presentation regarding the proposed ordinance. Mr. Rhoades noted regulation of speech based on its content is presumed unconstitutional, and that simply asking for money is protected by the First Amendment of the U.S. Constitution. He noted staff is proposing to remove portions of the current code which conflict with the First Amendment and the proposed language will focus on obstruction traffic. Council asked clarifying questions. City Attorney Call clarified aggressive begging or pedestrian interference is defined as an intentional act or criminal intent to block or interfere with the flow of traffic. Mr. Call noted all laws have to be applied equally to everyone and has to be proven to be criminal intent. Citizen Comment: Allison Fine agrees this is an issue at the main intersections of the city and cautioned against making general references to individuals or groups negatively when explaining policy. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MARCH 3, 2020 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes Second Reading/Enactment c. Council Bill #774 Ordinance related to the Creation of an Information Technology DepartmenVAPPROVED ORDINANCE#20-885 AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, RELATING TO THE CREATION OF AN INFORMATION TECHNOLOGY DEPARTMENT;AMENDING FWRC 2.11.040;AND ADDING NEW SECTION 2.16 TO TITLE 2.(Amending Ordinance Nos. 14- Federal Way City Council Regular Minutes Page 8 of 10 February 18, 2020 766 and 10-666). City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes 8. COUNCIL REPORTS Councilmember Kochmar complimented Mayor Ferrell for his speech at the Unity in Prayer event held on February 12 at the Performing Arts and Event Center where various churches joined together.She attended the NEXUS Youth and Families Valentine's Day Breakfast on February 14. She plans to attend the SCA dinner on February 19 and the informational evening being hosted by FUSION on February 20. Councilmember Moore thanked Councilmember Kochmar for listing the events noting he will be attending the meeting at the FUSION Family Center as well. He attended the South King Tool Library Breakfast and is excited to see the homegrown idea come to fruition. He thanked Council for taking action on HB2907 to bring the city's voice to SCA and other local cites. Councilmember Koppang expressed his honor at serving this community and appreciated the many great events already mentioned. He thanked Amanda Miller and Jeanette Brizendine who have worked passionately to bring the South King Tool Library to the area. Councilmember Tran shared concerns regarding the incorrect information being perpetuated about the Coronavirus. He shared stories highlighting the fact the misinformation is resulting in Asian Americans being unfairly targeted. Councilmember Assefa-Dawson thanked staff for making it possible to participate in the meeting over the phone and provided no report. Council President Honda provided an update on the council appointment process indicating applicant names are with King County to verify voter registration. Due to the number of applications received, the originally anticipated interview dates no longer are a possibility. She shared the Senior Advisory Commission is working to put together a brochure of available services and information. She reported attending the NEXUS and YMCA Fundraiser as well; these agencies have been in business for 47 years when parents worked together to help at risk youth. 9. EXECUTIVE SESSION 0 Potential L�gaa+",r,�ry pursuant to RGW 42.30.1 10(i)(0) not needed 10. ADJOURNMENT Federal Way City Council Regular Minutes Page 9 of 10 February 18, 2020 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:59 p.m. Attest: Af'o'�; l'i� ��i , t , h nie Courtney City Clerk Approved by Council: 031)3IDW Federal Way City Council Regular Minutes Page 10 of 10 February 18, 2020