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2020-06-16 Council Packet - RegularThe City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY COUNCIL REGULAR MEETING AGENDA **AMENDED AGENDA** Remote Meeting June 16, 2020 – 6:30 p.m. Notice: Pursuant to Governor Inslee’s Proclamation 20 -28, all in-person meetings are prohibited until further notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral testimony. To access these options please use the following: Click Here to Watch Online Live Streaming Vid eo of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 685-690-722 Sign-Up here to give citizen comment during the meeting* (via telephone) *form should be submitted no later than 2 hours prior to the beginning of the meeting Click Here to submit written comments to the City Council Watch from the Zoom mobile app with meeting: 685 690 722 and password: 131162 1.CALL MEETING TO ORDER 2.PLEDGE OF ALLEGIANCE 3.PRESENTATIONS a.AWC Advanced Certificate in Municipal Achievement to Councilmember Assefa-Dawson, Councilmember Kochmar, and Councilmember Moore from Peter King, CEO of AWC b.Proclamation: Honoring Juneteenth Week - June 15-21 c.Mayor’s Emerging Issues and Report Financial Report – Ade Ariwoola, Finance Director Proposed 2021-2022 Biennial Budget Calendar – Ade Ariwoola, Finance Director High School Virtual Graduations, School Supply Donation Request, and FWTV 21 Content – Tim Johnson, Economic Development Director COVID-19 Update - Mayor and Emergency Manager Ray Gross Chamber of Commerce Quarterly Meeting (6/9) Fireworks Safety Reminder – Deputy Chief Kyle Sumpter The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. d.Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Land Use/Transportation Committee (LUTC) Finance, Economic Development Regional Affairs Committee (FEDRAC) Lodging Tax Advisory Committee (LTAC) Regional Committees Report (PIC) Council President Report 4.CITIZEN COMMENT Please email comments to COUNCIL@cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. 5.CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a.Minutes: June 2, 2020 Regular Meeting b.2021 Asphalt Overlay Program Preliminary Project List and Authorization to Bid c.Lakota Middle School at SW Dash Point Road - 30% Design Report d.Resolution: Authorization to Accept Grant Funding for SW 320th Preservation Project e.Auhorization to Submit Proposed Grant Applications for Transportation Improvement Projects f.Amendment 1 to the MOU between Twin Lakes Plaza, LLC and the City of Federal Way 6.PUBLIC HEARING a.Resolution: Adoption of Revised Six-Year Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) Staff Report: Rick Perez, City Traffic Engineer Council Questions/Discussion Citizen Comment (3 minutes each) 7.COUNCIL BUSINESS a.Council Consideration of CARES Act Allocation Process b.(ADDED ITEM) Council Recognition of Black Lives Matter on the Council Facebook Page. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 8.ORDINANCES First Reading a. Council Bill #778/Ordinance Establishing the Mayor’s Emergency Powers AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE MAYOR’S EMERGENCY POWERS; ADDING A NEW CHAPTER 2.09 TO THE FEDERAL WAY REVISED CODE INCLUDING SECTIONS 2.09.010; 2.09.011; 2.09.012; AND 2.09.013. Staff Report: Del Kolde, Assistant City Attorney Council Questions/Discussion Citizen Comment (3 minutes each) 9.COUNCIL REPORTS 10.ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting June 16, 2020 – 6:30 p.m. Notice: Pursuant to Governor Inslee’s Proclamation 20 -28, all in-person meetings are prohibited until further notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral testimony. To access these options please use the following: Click Here to Watch Online Live Streaming Vid eo of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 685-690-722 Sign-Up here to give citizen comment during the meeting* (via telephone) *form should be submitted no later than 2 hours prior to the beginning of the meeting Click Here to submit written comments to the City Council Watch from the Zoom mobile app with meeting: 685 690 722 and password: 131162 1.CALL MEETING TO ORDER 2.PLEDGE OF ALLEGIANCE 3.PRESENTATIONS a.AWC Advanced Certificate in Municipal Achievement to Councilmember Assefa-Dawson, Councilmember Kochmar, and Councilmember Moore from Peter King, CEO of AWC b.Proclamation: Honoring Juneteenth Week - June 15-21 c.Mayor’s Emerging Issues and Report •Financial Report – Ade Ariwoola, Finance Director •Proposed 2021-2022 Biennial Budget Calendar – Ade Ariwoola, Finance Director •High School Virtual Graduations, School Supply Donation Request, and FWTV 21 Content – Tim Johnson, Economic Development Director •COVID-19 Update - Mayor and Emergency Manager Ray Gross •Chamber of Commerce Quarterly Meeting (6/9) •Fireworks Safety Reminder – Deputy Chief Kyle Sumpter -~ Federal Way Centered on Opportunity The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. d.Council Committee Reports •Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) •Land Use/Transportation Committee (LUTC) •Finance, Economic Development Regional Affairs Committee (FEDRAC) •Lodging Tax Advisory Committee (LTAC) •Regional Committees Report (PIC) •Council President Report 4.CITIZEN COMMENT Please email comments to COUNCIL@cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. 5.CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a.Minutes: June 2, 2020 Regular Meeting b.2021 Asphalt Overlay Program Preliminary Project List and Authorization to Bid c.Lakota Middle School at SW Dash Point Road - 30% Design Report d.Resolution: Authorization to Accept Grant Funding for SW 320th Preservation Project e.Authorization to Submit Proposed Grant Applications for Transportation Improvement Projects f.Amendment 1 to the MOU between Twin Lakes Plaza, LLC and the City of Federal Way 6.PUBLIC HEARING a.Resolution: Adoption of Revised Six-Year Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) •Staff Report: Rick Perez, City Traffic Engineer •Council Questions/Discussion •Citizen Comment (3 minutes each) 7.COUNCIL BUSINESS a.Council Consideration of CARES Act Allocation Process 8.ORDINANCES First Reading a.Council Bill #778/Ordinance Establishing the Mayor’s Emergency Powers AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE MAYOR’S EMERGENCY POWERS; ADDING A NEW CHAPTER 2.09 TO THE FEDERAL WAY REVISED CODE INCLUDING SECTIONS 2.09.010; 2.09.011; 2.09.012; AND 2.09.013. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. •Staff Report: Del Kolde, Assistant City Attorney •Council Questions/Discussion •Citizen Comment (3 minutes each) 9.COUNCIL REPORTS 10.ADJOURNMENT 2021-2022 Budget Calendar S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 31 27 28 29 30 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 5 6 7 8 9 10 11 4 5 6 7 8 9 10 12 13 14 15 16 17 18 11 12 13 14 15 16 17 19 20 21 22 23 24 25 18 19 20 21 22 23 24 26 27 28 29 30 25 26 27 28 29 30 31 S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 5 7 8 9 10 11 12 13 6 7 8 9 10 11 12 14 15 16 17 18 19 20 13 14 15 16 17 18 19 21 22 23 24 25 26 27 20 21 22 23 24 25 26 28 29 30 27 28 29 30 31 S M T W T F S S M T W T F S 1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 31 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 30 31 October November September 17 - 18 Management Retreat January & February Final Budget publication & Monitoring of Budgets December / January / February August 2020 February 2021 January 2021 December 2020June 2020 July 2020 15 Mayor Presents Proposed Biennial Budget to Council (6:30 pm) 23-24 Council Special Meetings on Proposed Biennial Budget (5:00 pm) 06 Budget Study Session-Budget Overview & Dept Presentation (5:00 pm) 20 Budget Overview - Rev. & Exp. Projections (5:00 pm) Dept Presentation 20 Public Hearing & council Delibration (6:30 pm) 21 Dept Presentations to Council - CD, ED, PW, and Parks (5:00 pm) 27 FEDRAC 5:00 pm 27 Public Hearing - 2021/22 Biennial Budget (6:30 pm) after FEDRAC 03 Continue Council Deliberation (5:30 pm) 03 Public Hearing Continues & Introduction of Ordinances (6:30 pm) 17 Enactment of Ordinances & Fee Resolution (6:30 pm) November 2020 October 2020 September 2020 29 Budget Instructions Distributed to Management Team 26 Finance provides information on Baseline budget to departments July 10 Departments submit to Finance their 2021/22 baseline operating budget; proposed service level changes; proposed equipment replacement June 20 Internal Service Charge Allocation completed 20 Community Program Budget Due to Finance 27 Finance Completes Compilation of Department Baseline Budget Summaries 06 Capital Budget May 16 Present Proposed Budget Calendar to Council March May 2020 April 2020 March 2020 Budget Calendar 2021-22, 6/12/2020 biennium accomplishments, upcoming biennium highlights, performance measures, and highlight of budget changes reflecting Mayor's recommended changes 25 FEDRAC Council Committee meeting August 04 Mayor makes Proposed Budget Decision 10 Finance Updates Mayor's Budget Proposal 12 Department review/update narrative changes, org chart,current COUNCIL MEETING DATE: June 16, 2020 ----5,-,::i-.. - ITEM #: 'U.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the June 2, 2020 Regular Meeting? COMMITTEE: NI A CATEGORY: 1:8:1 Consent D City Council Business D Ordinance D Resolution MEETING DATE: NI A • • Public Hearing Other STAFF REPORT BY: Ste hanie Courtne , Ci~----'C::..:l:..:.e:...:rk"----________ D_E_P_T_:_M_ay_o_r_'s_O_ffi_1c_e ____ _ Attachments: Draft minutes for the June 2, 2020 Regular Meeting Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: NIA MAYOR APPROVAL: NIA -------Committee Initial/Date NIA Council Initial/Date CITY CLERK APPROVAL: ~~QI 1,(fW Un lie COMMITTEE RECOMMENDATION: NI A NIA NIA NIA Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -4/2019 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION # Federal Way City Council Regular Minutes Page 1 of 11 June 2, 2020 CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting June 2, 2020 – 6:30 p.m. 1.CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember 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.Mayoral Proclamation: Pride Month – June 2020 Mayor Ferrell issued a Mayoral Proclamation in conjunction with raising the Pride Flag at City Hall on the morning of June 1. This is the first time the Pride Flag has been raised at City Hall and will be flown for the entire month of June. He asked the video of the flag raising even be played. At the conclusion of the video, Mayor Ferrell recognized Allison Fine Taylor, Joshua Fike and Robert Weightman and asked each to speak regarding the proclamation and the Pride flag being raised at City Hall. Ms. Fine, Mr. Fike and Mr. Weightman each thanked the Mayor and Council for recognizing the significance of showing inclusion for so many in the community; they each shared personal stories. b.Proclamation: COVID-19 Anti-Discrimination Awareness The Councilmembers each read a portion of the COVID-19 Anti-Discrimination Awareness Proclamation which was virtually presented to Diversity Commissioner Julian Franco. Mr. Franco accepted the proclamation and spoke to racial inequities in the community and region. Mayor Ferrell also reported on recent events in our community which mirror the public outcry across the county following the death of George Floyd at the hands of a Minneapolis Police Officer. He was very proud of the city’s peaceful demonstration on Sunday and was grateful DRAFT Federal Way City Council Regular Minutes Page 2 of 11 June 2, 2020 there was not the property or business damage other communities experienced on the I-5 corridor. c. Mayor’s Emerging Issues and Report  Financial Update Finance Director Ade Ariwoola provided an update on major revenues including sales tax, property tax, building permit fees, traffic safety/red light cameras, utility tax and Prop osition 1. He noted the year to date (YTD) revenue is $5.01M and the year to date (YTD) budget is $4.96M. The May revenue is 83.72% of the budget and 2020 actuals for June through December are estimates. Projected loss is approximately $1.8M. Thankfully, the local economy in Federal Way has continued to support retailers that remained open during the Stay Home Stay Safe order including stores such as: Costco, Walmart, Home Depot and Fred Meyers. He also noted King County extended property tax deadlines to June 1. Properties that have fallen behind and are in default will affect the city’s cash flow but not overall revenue. The back taxes will be paid once the property in default is sold. He also briefed the Council on Hotel/Motel Tax; Admission Tax; Gas Tax; Business Registration Fees; the Performing Arts and Event Center; Dumas Bay Centre; and the Federal Way Community Center. Mr. Ariwoola presented top issues to watch in 2021 and noted the Council will need carefully plan for the future. Councilmembers thanked Mr. Ariwoola for his financial report and update. Questions were asked regarding overall projected loss; vacant positions; and CARES Act allocations. Economic Development Director Tim Johnson provided information on the CARES Act credit and the city allocation of $2.9 million dollars. He noted these funds can be used for economic development through business assistance grants, reimbursement for city dollars spent to help food banks, the Day Center, and costs incurred for COVID-19 including cleaning public spaces and facilities, in-house needs including IT Support, remote work costs, and personal protective equipment (PPE). Mr. Johnson noted staff will return to Council for a more in -depth discussion and request for input on the allocation process.  Update on COVID-19 Response Emergency Manager Ray Gross provided an update regarding COVID -19 including King County’s overall current status, key indicators and contact tracing. He provided information specific to Federal Way testing and the recent outbreak in a long te rm care facility. He reported the Mayor and Management Staff has been working on reopening procedures and policies to maintain the safety of both staff and the public once the facilities are allowed to reopen. Councilmembers thanked Mr. Gross for his update and asked various questions regarding the current stock of supplies such as masks and sanitizer for the city facilities. Council President Honda also thanked Mr. Gross and noted she was informed King County would be submitting an application to move to a modified Phase 1.5 tonight. Federal Way City Council Regular Minutes Page 3 of 11 June 2, 2020  Upcoming Events Mayor Ferrell announced the next meeting of the Business Resiliency Task Force meeting scheduled for June 3 via Zoom. The next Community Continuity Task Force meeting will be June 4 via Zoom; and he reported the virtual High School Graduation Program will be June 13.  Report on Recent Events Mayor Ferrell announced the upcoming Highline Forum Meeting and the SCA Mayors Meeting with King County Executive Dow Constantine were both scheduled on May 27. He also congratulated Councilmember Assefa-Dawson for being elected as Community Co-Chair of the Highline Forum. d. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Chair Kochmar noted the next meeting of the Parks, Recreation, Human Services, Public Safety Committee will be June 9 at 5:00 p.m. via Zoom. Land Use/Transportation Committee (LUTC) Chair Koppang noted the next meeting of the Land Use/Transportation Committee will be July 6 at 5:00 p.m. via Zoom. Finance, Economic Development Regional Affairs Committee (FEDRAC) Chair Tran noted there was an error on the Finance, Economic Development Regional Affairs Committee agenda which is also on tonight’s agenda. He clarified the items on the consent agenda are for April items and not as listed for March. Mayor Ferrell confirmed Finance items in the packet are April reports, not as incorrectly listed on the agenda. Lodging Tax Advisory Committee (LTAC) Chair Assefa-Dawson reported on Tourism Enhancement Grants and was pleased the city will host swimming and diving championships at the King County Aquatics Center in 2023-2026; she thanked Tim Johnson for his leadership. She also noted local hotel occupancy is gradually rising. The next meeting will June 10 at 10:00 a.m. Regional Committees Report (PIC) Councilmember Moore announced the next PIC meeting will be June 10. Items being discussed will include proposed King County utility rates and discussion regarding the Special Legislative Session. Council President Report Council President Honda reported the annual AWC Conference is free and online; she encouraged Councilmembers to review the list of classes available and to sign up. The annual meeting will be held June 25 and she asked for Councilmember to submit their names if they are interested in being one of the three voting delegates. She Federal Way City Council Regular Minutes Page 4 of 11 June 2, 2020 further reported on a survey regarding the potential use of passenger ferries from Tacoma to Seattle, she believes this is a grea t way to get cars off I-5. She encouraged citizens to view the Council Facebook page where there is a statement on the murder of George Floyd and the riots in Seattle. 4. CITIZEN COMMENT Allison Fine Taylor spoke regarding the recent protest in Federal Way. She feels the protestors displayed a great amount of courage and a great understanding of what a protest is supposed to look like. She also gave a shout out to a police officer and the professional manner in which she witnessed him dealing with someone he stopped. Lastly, she expressed her appreciation for the City and giving people the opportunity to have their voices heard. Joederick Lata posed a question to Council asking how they are going to show up fo r the most vulnerable citizens. Mr. Lata Spoke regarding racism in Federal Way and requested that a Black Lives Matter flag be flown. Isaiah Maccotan, a 12 year old resident, shared some ideas for how the City can help support black youth in Federal Way. Cynthia Ricks-Maccotan raised awareness to the difficulties black citizens face and how as a mother raising a black son, she has to teach him to not draw attention to himself. She would like to see everyone reach out and share experiences and would like to see the Black Lives Matter flag flown. 5. CONSENT AGENDA a. Minutes: May 19, 2020 Regular Meeting b. Monthly Financial Report – March April 2020 c. Vouchers – March April 2020 d. Purchase of Two Inspector Vehicles utilizing Sound Transit Funding COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A TH ROUGH D ON THE CONSENT AGENDA; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes 6. PUBLIC HEARINGS a. Amendment to the 2019 Citizen Participation Plan Mayor Ferrell opened the public hearing at 9:09 p.m. Sarah Bridgeford, Community Services Manager , provided a report on the amendment to the 2019 Citizen Participation Plan. She reviewed the impacts of the COVID-19 Pandemic which are a threat to life, health and the economy. The Stay at Home order and other measures have been enacted to reduce the spread including halting of public and private schools, and businesses. State, city and national declarations of emergency have been issued. Ms. Bridgeford reported due to the circumstances HUD has provided waivers to allow for Federal Way City Council Regular Minutes Page 5 of 11 June 2, 2020 shortened citizen comment periods and allow virtual public hearings. The waivers have been accessed in order to bring amendments to the Citizen Participation Plan and Annual Action Plan. The proposed changes include:  Use of HUD waivers for comment period and virtual public hearings .  Amendments to consolidated plans, annual action plans and citi zen participation plans: o Substantial amendments may be review and approved by City Council without first being recommended by the Human Services Commission. o Minor amendments may be reviewed and approved by the City Council.  Access to documents will be online, via email or via mail. She clarified these expedited procedures will be in use when the HUD waivers are in effect, which expires in December. If the city has the ability to use the standard process, they will. Councilmembers thanks Ms. Bridgeford for her presentation. Citizen Comment: Cynthia Ricks-Maccotan spoke on behalf of the Build a Bridge Coalition in support of this Citizen Participation Plan. Ms. Ricks-Maccotan also made suggestions of potential news publications that could aid in reaching a broader and more diverse audience with important information, such as public hearing information. COUNCILMEMBER KOCHMAR MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED AMENDMENT TO THE 2019 CITIZEN PARTICIPATION PLAN; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes b. First Amendment to the 2019 Community Development Block Grant (CDBG) Annual Action Plan Mayor Ferrell opened the public hearing at 9:20 p.m. Community Services Manager Sarah Bridgeford provided detail on the request to amend the 2019 Community Development Block Grant based on outstanding need in the community from the COVID-19 Pandemic. She stated the extent of the needs resulting from this pandemic far exceed the available resources. Federal Way City Council Regular Minutes Page 6 of 11 June 2, 2020 The U.S. Department of Housing and Urban Development (HUD) has allocated $432,622 in CDBG-CV funds following the CARES Act. These funds are available specifically to prevent, prepare for, and respond to COVID-19. All funds must support low and moderate income residents and have a documented connection to COVID-19. The Human Services Commission reviewed applications and made recommendations to be incorporated into the First Amendment to the 2019 Annual Action Plan. This amendment is being proposed with the allowed truncated process to facilitate getting funds into the community as quickly as possible. Ms. Bridgeford provided the following recommendations from the Human Services Commission: Projects Amount Estimate of # of families to benefit Multi-Service Center – Federal Way COVID-19 Rent Assistance $110,818 60 Catholic Community Services – Expanded Day Center $125,230* 165 Catholic Community Services – Reach Out $56,000*+ 30 Boys and Girls Clubs - Federal Way Boys and Girls Club COVID-19 Response $43,407 89 Highline College – Highline Business Development COVID Response $37,500 20 businesses Catholic Community Services – COVID-19-related Homelessness Prevention $40,732+ 13 COVID-19 Emergency Business Grant Program $210,000 37 businesses Planning and Administration (COVID- 19) $18,935 n/a Contingency: Catholic Community Services – Reach Out $40,732 14 Contingency: Catholic Community Services – COVID-19-related Homelessness Prevention $48,922 17 *Funding for Catholic Community Services for the Day Center and Reach Out include City Council allocations and HSC recommendations. +The Human Services Commission recommends including two contingency projects and that should additional funding become available, these two projects receive 50% of the funding until fully funded. Ms. Bridgeford noted following tonight’s Council approval, King County will submit the Annual Action Plan amendments for Federal Way and other consortium cities. The HUD funding agreement should be received by June 30, with access to the funds by July 15. Councilmembers thanked Ms. Bridgeford for the presentation and asked questions regarding if any mental health services were included in the applications and if administration costs were included. Federal Way City Council Regular Minutes Page 7 of 11 June 2, 2020 Citizen Comment: Cynthia Ricks-Maccotan, who serves as a Human Services Commissioner, shared her excitement with the recommended allocations. She stated in her 35 years of public service, this was best discussion and work group she has been a part of which valued equity, inclusion and feels confident the commissio n took their fiduciary responsibility seriously. She is the point of contact if the Council has any questions for the Human Services Commission. Allison Fine Taylor asked for clarity if the Highline grant will be used to help 20 existing businesses in Federal Way or if it will be used to bring 20 additional businesses to Federal Way. Ms. Bridgeford responded the funding will help existing businesses in Federal Way. Councilmember Moore recused himself as he is a board member of the Multi -Service Center. Councilmember Koppang recused himself as he is a board member for the Boys and Girls Club. COUNCILMEMBER KOCHMAR MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED FIRST AMENDMENT TO THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN WITH THE HUMAN SERVICES COMMISSION RECOMMENDATIONS AND AUTHORIZE THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT THE PLAN AND THE CORRESPONDING FUNDING AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND SUB RECIPIENTS; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed 5-0 with two recusals as follows: Council President Honda yes Councilmember Koppang recused Councilmember Assefa-Dawson yes Councilmember Moore recused Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes 7. COUNCIL BUSINESS a. Purchase of CradlePoint Routers for Police Cars IT Director Thomas Fichtner provided background information on this cost -saving purchase. He stated replacement routers for the Police Department was included within the approved 2020 IT Capital budget for a total of $94,500. This amount would cover only 63 of the 69 units needing replacement. Recently, Mr. Fichtner was made aware of a, outstanding promotion for CradlePoint routers through AT&T/FirstNet which has been extended to June 5 to allow for Council review and approval. Mayor Ferrell, noting the time, asked Council President Honda to extend a motion extending the meeting past 10:00 p.m. COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER KOPPANG SECOND. The motion passed Federal Way City Council Regular Minutes Page 8 of 11 June 2, 2020 unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes Mr. Fichtner continued with is presentation and noted this promotion would enable the city to replace all 69 units currently slated to be replaced with replacement reserve with a t otal project estimated cost of $80,357.14, including Washington State sales tax and labor costs. He supports moving forward with this vendor and this purchase saving thousands of dollars. Councilmembers thanked Mr. Fichtner for his hard work and effort in finding cost saving measures. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PURCHASE OF CRADLEPOINT IBR900 ROUTERS FROM AT&T/FIRSTNET FOR A TOTAL NOT TO EXCEED $62,200; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes b. Letters to the Governor and the County Executive regarding Phase II Policy Advisor Bill Vadino provided background of the Governor’s Stay Home, Stay Healthy plan which has been replaced with Safe Start – Washington’s Phased Reopening Plan as of May 31. He noted under this new plan counties will now have more flexibility to apply to the Secretary of Health to demonstrate they can safely allow additional activity based on target metrics and the ability to respond. Beginning on June 1 each county would begin in their current phase and based on how the county’s data compares to specific targets and ability to respond to situations including outbreaks, increased deaths and health system capacity. The Secretary of Health has the option to approve the county moving to the next phase or a modified phase with certain allowable activities. The Secretary also has the authority to move a county back to an earlier phase if needed. Mr. Vadino reported King County Executive Dow Constantine announced Friday, May 29, he will be submitting a request for King County to move to a modified phase including re-opening some business activity. This request was recently approved and will become effective on June 5. King County may be eligible for Phase 2 in two weeks, if supported by strong metrics. Mr. Vadino noted the modified phase 1 plan for King County includes limits on capacity and service time, as well as the request to move construction, manufacturing, and photography to Phase 2. He also reviewed a draft letter to the Governor and King County Executive Constantine asking for a “sub-area” and city by city approach in King County as there is growing concern over the rate of re-opening businesses in our community. The request of a “sub-area” approach is based on many of the individual communities which make up the very large geographical area of King County have succeeded in qualifying for subsequent phases, yet are held to the current phase of the entire region. Federal Way City Council Regular Minutes Page 9 of 11 June 2, 2020 The letter also notes that based on size alone, King County would be equivalent in population to the 36th largest state in our nation. Also addressed in the letter is the inclusion of positive cases from the locked down long-term care facilities that effect the equation. In conclusion the draft letter asks for the Governor modify the county approach and consider a sub-area plan so that cities can begin re-opening at a safe but increased pace to help affected citizens and business begin the task of rebuilding their lives and livelihood. Councilmembers thanked Mr. Vadino for his thoughtful presentation and work on this important issue to the community. Clarifying questions were asked and suggestions were provided. COUNCIL PRESIDENT HONDA MOVED TO SEND A LETTER TO GOVERNOR INSLEE AND KING COUNTY EXECUTIVE CONSTANTINE ASKING TO SAFELY OPEN OUR COMMUNITY AT PHASE 1.5 OF THE “SAFE START WASHINGTON” PLAN AS OUTLINED IN THE PRESENTATION AND MODIFY THE LETTER AS NEEDED BASED UPON OUR DISCUSSION; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes c. (ADDED ITEM) Resolution: Temporarily Allowing Shared Parking for Outdoor Restaurant Activity/APPROVED RESOLUTION #20-790 Community Development Director Brian Davis presented information regarding temporarily allowing shared parking to be used by restaurants for additional outdoor seating. He noted this is a way to assist restaurants expand their outdoor seating capacity. Mr. Davis stated this policy was drafted under the direction of the Mayor and will expire at the end of the year. This is a relief of the enforcement of the regulation and the actual use of private adjacent parking space would need to be negotiated between the tenant and the property owner. He feels with decreased traffic during this time, this is a way to benefit the struggling restaurant community. Councilmembers thanked Mr. Davis for this presentation and bringing this idea for ward. In response to the timeline of this allowable use through the end of the year, Mr. Davis stated it was a balance of flexibility and needing a definitive date; the policy can be ended early if it is no longer practical or needed. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson shared the heaviness she feels as a result of current events as well as the worry for her children each time they are away from her. She questioned why such a division Federal Way City Council Regular Minutes Page 10 of 11 June 2, 2020 exists and why it continues to get harder. She asked for Federal Way to continue to be a safe and welcoming city asking her fellow councilmembers and mayor to stand against all forms of racism. She commended the mayor and city for all that is being done and noted she is pleased the process the Human Services Commission includes reviewing grant applications through the lens of equity. She is eager for more to be done and looks forward to more positive changes. Councilmember Baruso thanked staff for all they are doing noting specifically Human Services and Police. He knows it is especially hard right now and we are all in shock. He understands Councilmember Assefa-Dawson’s thoughts and also wants to hear from the community. He shared his belief that the division has always existed, and has again resurfaced bringing so many together with one voice. He plans to go into the community to talk to others to learn what can be done. Councilmember Tran reminded Councilmember Assefa -Dawson that she is not alone and he will stand with her. He has seen the good and bad in society and this is not the America he once dreamed to be a part of. He supports the peaceful protest and demands justice for George Floyd; he does not condone the looting and destruction of property. He also has seen acts that give him hope and remind him there are still good people and good police out there. Councilmember Koppang appreciated the heartfelt sentiments and believes we are now looking at the nation in through a different lens. He believes our community needs mutual respect and honor for one another moving forward. There will be discussion and not any of us can provide the one answer. He suggested councilmembers have humility, listen, and set the example in the community. He concluded that this travesty has squeezed our society and the anger and frustration is understandable in this moment in time but noted it is not who we are as a nation. He shared he looks forward to becoming a better city, county, state and nation. Councilmember Moore read a statement he had prepared and shared that he supports the peaceful demonstrations and their efforts to petition the government for redress of grievances. He spoke against the selfishness of those who are vandalizing and looting as it undermines these efforts. He expressed his desire for justice to be served and noted that while there is always room for improvement, he has seen good from the police department in the past and currently. Councilmember Kochmar acknowledged both Councilme mber Assefa-Dawson and Tran’s concerns regarding their children. She shared experiences of great loss in her own life noting that she does not often share but wanted people to know she had experienced loss and sadness and can understand. She expressed concerns regarding protests coming down the I-5 corridor and is concerned they will come into the city. She thanked the police for their work to take care of the community businesses and stores. She feels there is a good representation of the citizens currentl y on the Council. Council President Honda noted Councilmember Kochmar is one of the strongest women she knows. She shared that she also worries about her children, and her oldest just turned 39. She reminded the public of the Open Public Meetings Act and that councilmembers have to be careful when responding to social media as they may inadvertently reach a quorum and be found in violation this act. She wanted to make it clear that is why Council may appear to be silent online. As a nurse she reminded individuals of the importance of taking care of themselves mentally and physically and then to also take care of others. She read a prepared statement regarding the right to protest and the fact rioting and damaging property is not a protected right. Mayor Ferrell stated he is proud to work with each one of them and honored to hear their stories. Federal Way City Council Regular Minutes Page 11 of 11 June 2, 2020 9. ADJOURNMENT There being nothing further on the agenda; the re gular meeting was adjourned at 11:04 p.m. Attest: ______________________________________ Stephanie Courtney City Clerk Approved by Council: COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: SUBJECT: 2021 ASPHALT OVERLAY PROGRAM PRELIMINARY PROJECT LIST AND AUTHORJZATION TO BID Sb POLICY QUESTION: Should Council approve the 2021 Asphalt Overlay Program Preliminary Project List and authorize staff to proceed with the design and bidding of the proposed 2021 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution MEETING DATE: June 1, 2020 D Public Hearing D Other STAFF REPORT BY: John Cole, Ca ital En neer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated June 1, 2020. Options Considered: 1. Approve the list of streets for the 2021 Asphalt Overlay Project as presented and authorize staff to bid the 2021 Asphalt Overlay Project, returning for authorization to award the project within the available 2021 Asphalt Overlay Budget to the lowest responsive, responsible bidder. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 16, 2020 City Council Consent A enda for a r I. t , ___ ~=-·-:.: ----=$':;=~?.~ lnitin l/Dntc COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the June 16, 2020 City Council consent agenda for approval. V~ Cl... v, J.-e...P U> \/'\,\-e..r'"e V'\,c. e. Mark Koppang, Committee Chair II~, c,_ ,11,~J ~ U V\ \ere VI c.. e Martin Moore, Committee Member v'io-II~ d..eo u V\ ~ece,vtc.. e... Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "/ move to approve the list of streets for the 2021 Asphalt Overlay Project as presented and authorize staff to bid the 2021 Asphalt Overlay Project, returning for authorization to award the project within the available 2021 Asphalt Overlay Budget to the lowest responsive, responsible bidder." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED • DENIED • TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-12/2017 COUNCIL BILL# 1sT reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: June 1, 2020 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor ··-· i,'•!--••-~- EJ Walsh, P.E., Public Works Director l:'.E,,,::;:::: John Cole, Capital Engineer SUBJECT: 2021 Asphalt Overlay Program Preliminary Project List and Authorization to Bid FINANCIAL IMPACTS: The cost to the City for the 2021 Asphalt Overlay Program will be included within the approved budget under the Public Works Department, Fund 102 . In accordance with the anticipated approved budget, this item is funded by real estate excise tax (REET), motor vehicle excise tax (MVET), and Solid Waste Utility tax revenues. There are no impacts to future operations and maintenance costs as this is repair of existing infrastructure. BACKGROUND INFORMATION: Public Works staff has developed a list of recommended streets for the 2021 Asphalt Overlay Program. The total estimated budget for the program is $1,724,000 and is comprised of the following : AVAILABLE FUNDING: The available budget for the 2021 Asphalt Overlay Project is $1,724,000 and is comprised of the following: • Arterial Program REET and MVET (Fund 102) • Residential and Arterial Program (70/30) Solid Waste Utility Tax • TOTALFUNDlNGAVAILABLE $600,000 $1,125,000 $1,725,000 The Arterial Program is normally $1.5 Mi1lion per year. However, for year 2021, there are two grant-funded preservation projects that will utilize matching funds for construction from Fund I 02 as follows: Proiect Total Cost Grant Funds 102 Funds SW 356th Street-15 th Ave SW to 4 th Pl SW $1 ,310,000 $810,000 $500,000 SW 320th Street -11 th Ave SW to 3rd Pl SW $ 928,020 $518,020 $ 410.000 The Residential and Arterial Program is new for year 2021 and is required to be spent on street preservation with a minimum of 70% of the revenue dedicated to residential streets. The following preliminary list of streets is to be included in the 2021 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and verified by field reconnaissance . The costs shown are estimates and will be refined as the design of each schedule is completed. A project vicinity map and detailed area maps are attached. ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the 2020 Overlay Program low bid: SCHEDULE DESCRIPTION AMOUNT Arterial Program A S 312m ST (8m Ave S to lt11 Pl S) $505,111 B SW 312 ST (14m Ave SW to gm Ave SW) $294,735 Residential and Arterial Program C SAVES $681,951 D MARINE HILLS $551,978 E 39 A VE S (S 320m to S 326m Pl) $454,859 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT $2,488,634 COSTS: Construction Contingency (5%) $ 124,432 In-house Design and Construction Administration $ 190,000 ESTIMATED TOTAL PROGRAM COST: $2,803,066 The estimated cost of $2,803,066 is a preliminary figure used for estimating purposes only and includes construction administration, in-house design and construction management, printing and advertising. The 2021 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is January 2021, with construction beginning in April 2021. K :\CAPITAL PROJECTS\Programmed\520 -Overlay2020\08 LUTC & COUNCIL\APPROVAL TO AW ARD City of Federal Way Legend 2021 Overlay Schedule "-,A 8 C .--' D ··. P11ge1S01111d " , .......... \ ....... -~ F/-.J AMTII i:tr,,.11a Sn.- 2021 Asphalt Overlay Schedule Map OMa: ,,.,.)' 2020 0ty ol F.d..-11 Wa}I, GISo...ion lSl2511111A..,S f,,,:hnl Wsy, WA !lll00l (;>SJ)lllS-7000 -~fta)lClffl \ r-j--J''~:-=-:--11-:.Jh.~::..=..~;:a..tµL:l._' i ,t;:;: . .:Jjj; ,.::fl~:,,:: ! !.~:\ I _ ,._ -• ·-I .. -C ... ,-.j" ......,: • . ' -: ,, ;' '~ "... . . '. :, yr I I ,' { -,,J1.--Ll ~, ~•,• •, 1- ,' 1/ ___ : • ~. ~f:~1 ~~: .. 1-~i •• ' - 1 L -•t-•·;• ~ _•• ~-.:.=-~ ... .!.. J4 ::·1 -• i· J-1•~'"-e~-~_.__,.., ·, ~· .. ; _. . ,, ::1 .,_, ...... : , I 1 I •-I .,. 'J-.. I;; iH' .. .., , ... ; I ,-, -,,-. - -t"- 1 i I ·' ' ii "'--Oio,d,td F,~ Kif'9Couf1lYBIM'ld,wy ~ Fede ral Way -....MloVolSWM :':J C'.l!yL-.i -... e....c,w~ ' -. I l"I 0L'/.l'•f~•r •ll~'/ ,,,,,..,,. ,,,.....,•-•Ml,.,.111 ____ "°"•-- COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: SUBJECT: LAKOTA MIDDLE SCHOOL AT SW DASH POINT ROAD -30% DESIGN REPORT Sc POLICY QUESTION: Should City Council authorize staff to proceed with design of the Lakota Middle School at SW Dash Point Road and return to the LUTC and Council at 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution MEETING DATE: June 1, 2020 • • Public Hearing Other DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated June 1, 2020. Options Considered: 1. Authorize staff to proceed with design of the Lakota Middle School at SW Dash Point Road and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the June 16, 2020 Council Consent Agenda for appro l. COMMITTEE RECOMMENDATION: "I move to forward Option 1 to the June 16, 2020 consent agenda for approval." Vi o.. v ~·d-co ~ \/\~-Q.16'\/\C:. e. I/ 1 .... 0-(/ cJ -e-o (!.c, V\ +-c: ,c:...-i C..-.::::._ Hoang Tran, Committee Mark Koppang, Committee Chair Martin Moore, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the Lakota Middle School at SW Dash Point Road and return to the LUTC and Council at 85% design completion for fi1rther reports and authorization. " (BELOW TO BE CO~fl'LETED BY CIJ'Y CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-11/2019 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: June 1, 2020 CITY OF FEDERAL WAY MEMORANDUM Land Use & Transportation Committee Jim Ferrell, Mayor EJ Walsh, P .E., Public Works Director Jeff Huynh, Capital Engineer Lakota Middle School at SW Dash Point Road -30% Design Report Financial Impacts: The cost to the City for Lakota Middle School at SW Dash Point Road was included within the approved budget under the Public Works Department, Capital Project #204. In accordance with the approved budget, this item is funded by a federal grant from WSDOT in the amount of $1,350,000.00 and a WA State grant from the Transportation Improvement Board in the amount of $500,000. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides sidewalk, bicycle lane and street lights on SW Dash Point Road from 21 st Ave SW to SW 312th St. This project serves as a designated safe route to school. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% • WSDOT Coordination Ongoing tasks include: • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% • NEPA Application & Approval Pro ,ject Estimated Expenditures Design 2021 Construction Cost 10% Construction Contingency Construction Management & Inspection Estimated Total Project Costs $ 170,000.00 $1,270,000.00 $ 127,000.00 $ 200,000.00 $1,767,000.00 Rev . 6/2019 June 1, 2020 Land Use and Transportation Committee Lakota Middle School at SW Dash Point Road -30% Design Report Page2 Project Available Funding Grant (Federal-City Safety Selections) Grant (State-TIB) Total Available Budget $1,350,000.00 $ 500,000.00 $1,850,000.00 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at 85% design completion for further action. Staff anticipates bidding this project in early 2021. COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: SUBJECT: RESOLUTION: AUTHORIZATION TO ACCEPT TRANSPORTATION GRANT F'UNDING Sd POLICY QUESTION: Should City Council authorize staff to accept federal grant funding for a transportation improvement project? COMMITTEE: Land Use and Transportation Committee CATEGORY: D Consent 0 City Council Business 0 Ordinance ~ Resolution STAFF REPORT BY: Desiree S . Winkler, P.E., Depu!)' Director Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. MEETING DATE: June 1, 2020 • • Public Hearing Other DEPT: Public Works 2. Do not approved proposed resolution and provide direction to staff. COMMITTEE RECOMMENDATION: / move to forward the proposed resolution to the June 16, 2020 consent agenda for approval. 1/\<:A,. v.:-J..c.P t.oV\..Cere~<:. .. Committee Chair 1/110.. v; J.-e.-• t.c,\/\-\l:'("'c--"C:: < Committee Member II\ G... vJ J~c &V\+en::v.e ~ Committee Member PROPOSED COUNCIL MOTION: "/ move approval of the proposed resolution. " (BELOW TO BE COMPlETED BY CITY CLEJU('S OFFICE) COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances 011/y) REVISED-11/2019 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: June 1, 2020 City Council CITY OF FEDERAL WAY MEMORANDUM Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director'' "~~~,.,;;;~ Desiree Winkler, P.E., Deputy Public Works Director SUBJECT: Authorization to Accept Grant Funding for Transportation Improvement Projects FINANCIAL IMPACTS: This project, the SW 320th Street-11 th Ave SW to 3rd Place SW Preservation Project, was not included in the 2019/2020 budget. Council authorized staff to move forward with the design of this project at their March 17, 2020 meeting, utilizing unallocated capital transportation funds, in order to make the project construction-ready with the potential of being awarded a grant for construction . This project has been awarded grant funding of$518,020.00 as part of the Puget Sound Regional Council (PSRC) contingency funding process. The construction of this project will occur in 2021. The required matching funds of $410,000.00 will come out of the 2021 annual pavement overlay program which is funded $1 .5 Million per year out of ($1 .0 M Real Estates Excise Tax (REET) and $0 .5 M Motor Vehicle Excise Tax (MVET)). BACKGROUND INFORMATION: Grant applications were approved to be submitted in 2018 under the Puget Sound Regional Council (PSRC) Surface Transportation Program (STP) and Congestion Management Air Quality (CMAQ) Program Funding. Due to delays and cancellation of other projects in the region, PSRC is required to award additional grant funding in order to meet 2020 grant obligation targets. The City of Federal Way's "SW 320th Street -1 P" Ave SW to 3rd Place SW Preservation Project" is anticipated to be awarded construction funds from the PSRC's adopted contingency list . Staff carefully prioritizes pavement rehabilitation based on optimizing pavement life cycle costs. SW 320th Street is a high priority principal arterial that is due for a pavement overlay. Project (Funding Phase) Estimated Grant Pro· ect Cost SW 320th Street -11t h Ave SW to 3rd Place SW (Construction) PSRC -Countywide Preservation Pro am Federal Funds) $928,020 Grant Fund ' Amount $518,020 Required City Match $410 ,000 Year of E enditure 2020-2021 RESOLUTION NO. --- A RESOLUTION of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with the Washington State Department of Transportation regarding improvements to SW 320th Street -11th Ave SW to 3rd Place SW Preservation Project in the City of Federal Way, Washington. WHEREAS, the City of Federal Way applied for federal funds from the Puget Sound Regional Council for the purpose of the construction of the SW 320th Street -11th Ave SW to 3rd Place SW Preservation Project within the City; and WHEREAS, Puget Sound Regional Council agreed to grant the City of Federal Way federal funds in the total amount of Five Hundred Eighteen Thousand twenty and no/100 Dollars ($518,020.00) for the construction of the SW 320th Street -11th Ave SW to 3rd Place SW Preservation Project provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreement. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept the federal funds in the amount of Five Hundred Eighteen Thousand Twenty and no/100 Dollars ($518,020.00) for the construction of the SW 320th Street -11th Ave SW to 3rd Place SW Preservation Project. Section 2. E ·ecution of the Local Agency greeme11ts. The Mayor or his designee is hereby authorized to execute the Local Agency Agreement regarding the SW 320th Street -11th Ave SW to Resolution No. 20-Page I of 3 3rd Place SW Preservation Project in the City of Federal Way, Washington and any other required documents. Section 3. Matching Funds . Pursuant to the terms of the Local Agency Agreement, the City commits matching funds of up to Four Hundred Ten Thousand and no/100 Dollars ($410,000.00) for the construction of the SW 320th Street -11th Ave SW to 3rd Place SW Preservation Project. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk is authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this ___ day of _______ _, 20 [ signature page follows] Resolu1ion No. 20-Page 2 of 3 CITY OF FEDERAL WAY : JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CME, CITY CLERK APPROVED AS TO FORM: J . RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED"BY THE CITY COUNCIL: RESOLUTION NO.: Res olution No. 20-__ Page 3 of 3 COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS ITEM#: POLICY QUESTION: Should the City Council authorize staff to submit the proposed grant applications for transportation projects? Se COMMITTEE: Land Use and Transportation MEETING DATE: June 1, 2020 CATEGORY: 1:8] Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Desiree Winkler, P .E., D u Director • • Public Hearing Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated June 1, 2020. Options Considered: 1. Authorize staff to submit the proposed grant applications for transportation projects. 2 . Do not authorize staff to submit the proposed ant a lications and rovide direction to staff. -------- DIRECTOR APPROVAL: t,I ,,,_. ' E, ::_;;-=. "' :6,,. n,cx Initial/Date COMMITTEE RECOMMENDATION: "/ move to forward Option l to the June 16, 2020 Council consent agenda for approval." V\O... vcJ~o eo"'--'~r~c...e. ""~ fl ll"""J 'e.../0 ~ V\-ke~e:: v !J?J.-ti v::-J::<:. .o e.D.-v-h::,vevi c:::....e.._ Martin Moore, Committee Mark Koppang, Committee Chair Hoang Tran, Committee Member Member PROPOSED COUNCIL MOTION: I authorize staff to submit the proposed grant applications for transportation projects. (BELOW TO BE COMPLETED Bl' CIIT CLERK'S OFFICE) COUNCIL ACTION: • APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only) REVISED -4/2019 COUNCIL BILL # First reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: June 1, 2020 City Council CITY OF FEDERAL WAY MEMORANDUM Jim Ferrell, Mayor EJ Walsh, P .E ., Public W arks Director Desiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS FINANCIAL IMPACTS: The match for the projects is proposed to be funded from the 2021-2024 capital transportation funding (Fund 306) made up of Real Estate Excise Tax (REET), Motor Vehicle Excise Tax (MVET), and Traffic hnpact Fees . Operations and maintenance of these projects will be considered as part of the 2023-24 budget. BACKGROUND INFORMATION : This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Six Year Transportation hnprovements Plan (TIP) and Comprehensive Plan projects and concluded that the following projects will likely be competitive in the 2020 Bicycle/Pedestrian Grant or Safe Route to Schools Program. Project (Funding Phase) I Estimated Project I Possible Grant I Estimated City Grant Cost Funds Match 16th Ave S -S 304th to SR509 -Non-Motorized Path (Construction) Safe Routes to Schools I $2,500,000 I $2,000,000 I $500,000 (Federal Funds) S 288m Street-Military Road S to 34 th Ave S-Bike and Pedestrian Improvements (Design and Construction) Bicycle and Pedestrian Program I $1,200,000 I $900,000 I $300,000 (Federal Funds) COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: 5£ SUBJECT: Amendment 1 to the MOU between Twin Lakes Plaza, LLC and The City of Federal Way POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department (FWPD) accept Amendment 1 to the Twin Lakes Plaza, LLC MOU for the FWPD Substation? COMMITTEE: PRHS&PSC CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Ra Bunk,_Co1;nmander _________ _ Attachments: I. Staff Report MEETING DATE: June 9, 2020 • • Public Hearing Other DEPT: Police Department 2. Amendment l to the MOU between Twin Lakes Plaza, LLC and the City of Federal Way Options Considered: I . Accept the proposed MOU Amendment 1 2. Reject the proposed MOU Amendment I MAYOR'S RECOMME~DATION: Opti .. ?.~_1. ______________________ _ MAYOR APPROVAL: .©-4 ~7 Initial / COMMITTEE RECOMMENDATION: 1 move to forward the proposed MOU amendment to the June 16, 2020 consent age nda for approval. hode\(ncAI ~r"'-<;c:, V,tt v~ J."'-~ t~!"\f-~ Committee Chair \J,,,. \/1 J..e u ~~ • Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed MOU amendment and authorize the Mayor to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/N O ACTION • MOVED TO SECOND READING (ordinances only) REVISED -08/12/2010 COUNCIL BILL# 1ST reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT June 9, 2020 Parks, Recreation, Human Services and Public Safety Council Committee Jim Ferrell, Mayor Andy J. Hwang, Chief of Police SUBJECT: Amendment 1 to the MOU between Twin Lakes Plaza, LLC and the City of Federal Way, Washington Financial Impacts: Puget Sound Commercial, representing Twin Lakes Plaza, LLC will charge the Federal Way Police Department a minimal monthly cost of $655 for the space used as a FWPD Substation. The cost of $655 is broken down as follows: Common Area Maintenance of $350, Rent of $125 and Power of $180 monthly. Background Information: The President of Puget Sound Commercial, representing Twin Lakes Plaza, LLC, communicated to the Federal Way Police Department (FWPD) that they had secure space available that could be used as a FWPD Substation. Utilizing this secure space would be mutually beneficial and provide an enhanced community presence in the Twin Lakes area. Twin Lakes Plaza, LLC will provide the secure office space at a minimal cost to the City and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks, and when available, provide assistance with law enforcement issues arising at the Twin Lakes Site. The term of this MOU is from May 1, 2020 through April 30, 2021 1 AMENDMENT NO. 1 TO CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com MEMORANDUM of UNDERSTANDING BETWEEN TWIN LAKES PLAZA, LLC AND THE CITY OF FEDERAL WAY, WASHINGTON This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Twin Lakes Plaza, LLC. The City and Twin Lakes, LLC (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original MOU for use of the Twin Lakes Substation (TLS) effective May 1, 2020 as follows: 1. AMENDED TERM. The term of the MOU, as referenced by Section III of the MOU shall be amended to end on April 30, 2021. ("Amended Term"). 2. AMENDED SERVICES. The Services, as described by Sections I and II of the MOU, shall be amended to add the services described in the attached Exhibit A-1 and incorporated by reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation shall be amended to change the total compensation the City shall pay Twin Lakes Plaza, LLC. The rate or method of payment, as delineated in the attached Exhibit B-1 and incorporated by reference, shall be a monthly rate for its Services and shall remain locked at the negotiated rate for the one-year term. Except as otherwise provided in an attached Exhibit, Twin Lakes Plaza, LLC shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this MOU. 4. GENERAL PROVISIONS. All other terms and provisions of the MOU, together with any prior amendments, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the MOU, together with any prior amendments, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the MOU, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section Vof the MOU shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this MOU, which is binding on the parties of this contract. [Signature page follows] AMENDMENT -1 -3/2017 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: ______________ _ Jim Ferrell, Mayor DATE: --------------- TWIN LAKES PLAZA, LLC.: By: ____________ _ Courtland Pixton Title: --------------- Date: --------------- STATE OF WASHINGTON) ) ss. COUNTY OF -----~ ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me _________ ____, to me known to be the of _________________ that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this ___ day of _________ ~ 20_ AMENDMENT Notary's signature Notary's printed name ________________ _ Notary Public in and for the State of Washington. My commission expires _______ _ -2 -3/2017 EXHIBIT A-1 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfe_deralway. com Twin Lakes Plaza, LLC shall provide the following in addition to Services in previous Exhibits: Allow the installation of equipment on the roof, without penetration of the building to assist with the use of police radios. Twin Lakes Plaza will provide power to the unit and provide Common Area Maintenance (CAM). EXHIBITB-1 ADDITIONAL COMPENSATION Total Compensation: In return for the use of property, the City shall pay Twin Lakes, LLC an additional amount not to exceed six hundred fifty-five and 00/100 dollars ($655 .00) per month. The total amount payable to Twin Lakes, LLC pursuant to the original MOU, all previous Amendments, and this Amendment shall be an amount not to exceed six hundred fifty-five and 00/100 dollars ($655.00) per month. AMENDMENT -3 -3/2017 COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: 6a SUBJECT: RESOLUTION: ADOPTION OF THE 2021-26 TRANSPORTATION IMPROVEMENT PLAN AND ARTERIAL STREET IMPROVEMENT PLAN POLICY QUESTION: Should City Council approve the proposed 2021-26 Transportation Improvement Plan? COMMITTEE: Land Use/ Transportation Committee CATEGORY: D Consent D City Council Business D Ordinance ~ Resolution STAFF REPORT BY : Rick Perez, P.E., City Traffic Engineer Attachments: Staff Report Proposed Resolution Options Considered: 1. Adopt the proposed resolution. MEETING DATE: June l, 2020 ~ • Public Hearing Other DEPT: Public Works 2. Do not adopt the proposed resolution and provide direction to staff. ---------- MAYOR'S RECOMMENDATION: Option 1. DIRECTOR APPROVAL: 1i "'~ -~~ Initial/Date COMMITTEE RECOMMENDATION: / recommend approval of the proposed resolution at the June 16, 2020 Council Meeting after a Public Hearing. PROPOSED COUNCIL MOTION: "/ move approval of the proposed resolution." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordina11ces on(v) REVISED -4/2019 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: June 1, 2020 CITY OF FEDERAL WAY MEMORANDUM Land Use & Transportation Committee Jim Ferrell, Mayor EJ Walsh, P.E., Director of Public Works Rick Perez, P.E., City Traffic Engineer SUBJECT: 2021-26 Transportation Improvement Plan FINANCIAL IMPACTS: The Transportation Improvement Plan helps inform the budget process on needed roadway capital improvements. The projects listed in the first three years are to be fully funded or have a reasonable chance of having all funding secured. BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original Transportation Improvement Plan ("TIP") and Arterial Street Improvement Plan ("ASIP") on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the draft plan, which is proposed for the June 16, 2020 Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Attached for your review and comment is the 2021-26 TIP list of projects and a map showing their locations. The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan policy TP2.3, which reads, "Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for TIP/Capital Improvement Plan ("CIP") prioritization. Staff also reviewed and analyzed available grant-eligible programs suitable for project programming. Completed Project • 21 st Ave S: S 314 th Street -S 316th Street Revised Proiect • City Center Access Phase 2 June 1, 2020 Land Use and Transportation Committee 2021-26 Transportation Improvement Plan Page2 Programs Added • Street Vegetation Management Proposed New Projects • Adaptive Traffic Control System -City Center Stage 2 -Detection Upgrades • Adaptive Traffic Control System Phase IV: 1st Avenue S • Adaptive Traffic Control System Phase V: 21 st Avenue SW & SW Campus Drive • Military Road S: S 320th Street -SR 18 • S 356th Street: 1st Avenue S -SR 99 • SW 344th Street at 27th A venue SW • SW King County Regional Trail Plan • Citywide Pedestrian Safety System Improvements • Citywide RRFB Upgrades RESOLUTION NO. __ A RESOLUTION of the City of Federal Way, Washington, adopting an extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for 2021-26, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amending Resolution Nos. 91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, 05-451, 06-481, 07-503, 08-732, 09-550, 10-558, 11-609, 12-622, 13-640, 14-666, 15-692, 16-706, 17-721, 18-733, 18-738, and 19-761). WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal Way City Council adopted an original Transportation Improvement Program ("TIP") on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated a TIP annually thereafter; and WHEREAS, the Federal Way City Council held a public hearing on the TIP on June 16, 2020, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended TIP and an Arterial Street Improvement Plan ("ASIP") for the ensuing six calendar years; and WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is -required annually to revise and adopt an extended TIP and ASIP; and WHEREAS, the City's SEPA Responsible Official has adopted the Determination ofNon- Significance ("DNS"), Federal Way File 20-101963-00-SE, issued for the City's 2021-26 TIP and ASIP, which includes the extended and revised projects contained in the TIP adopted herein; and Resolution No. 20-__ Page I of 3 WHEREAS, adoption of the City's 2021-26 TIP and ASIP DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised TIP and ASIP adopted herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way, copies of which are attached hereto as Exhibits A and B and incorporated herein by this reference, which sets forth the City's transp01iation project locations, types of improvements, and the estimated costs thereof, is hereby approved and adopted for the ensuing six (6) calendar years (2021-26 inclusive). Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibits A and B, with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of Resolution No. 20-Pagr 2 of 3 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHING TON this ___ day of _______ _, 20 CITY OF FEDERAL WAY : JIM FERRELL, MAYOR ATTEST : STEPHANIE COURTNEY, CMC, CITY CLERK APPROYED AS TO FORM: J. RY AN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No . 20-__ Page 3 of 3 Star NorthLake TroutLake FiveMileLake Lake Dollof Lake LakeGeneva MirrorLake EasterLake LakeSteel SW 320th StSW 320th St S 304th St SWDashPoin tR d I - 5SW 356th St I-5Hwy 18I - 5SW Camp u sDr 9thAvSH o yt RdSWMarineViewDr E n c h a n t e d P k wy Military RdPacificHwySMi l i t a ry R d M a ri n e Vi e wD r Northshore Pkwy S 288th St R e d o ndoWyS MilitaryRdSStar Lake R d S 272nd St S 348th St I - 5E 11th StPort of Tacoma Rd 21st Av SWS 320th St SW 312th S t 1st Av S1stAvSPacific Hwy S16th Av S28th Av SS 324th St S 336th St 1st Av S49th Av SNorpointWyNESW D ashPtRd28th Av SS 312th St35 4 1b 2 Puget Sound CommencementBay DumasBay PovertyBay 7 41 28 21 37 12 13 1a 18 17 25 30 40 39 8 6 36 15 3 9 26 195 Legend Intersection Improvements City Center Access - Phase 1 City Center Access - Phase 2 Corridor Improvement Non-Motorized Improvement Overlay Improvement 0 10.5 Miles This map is accompanied by no warranties, and is simply a graphic representation. Original Map Date: May 2020 City of Federal Way,33325 8th Ave S,Federal Way, WA 98003(253) 835-7000 2021-2026TransportationImprovement Plan& Arterial StreetImprovement Plan J:\complan\Transportation\tip2126.mxdCity of Federal Way J:\complan\Transportation\tip2126.mxd Exhibit A Map ID**Location Description Previous Years 2020 2021 2022 2023 2024 2025 2026 Total 1a City Center Access Phase 1 - Environmental Update environmental documentation for modified access at S 320th St & S 324th St 2,000 1,422 500 3,922 1b City Center Access Phase 2 - SB Ramps Construct all SB I-5 ramps, extend S 324th Street from 23rd Ave S to I-5 10,957 2,111 35,336 35,336 83,740 2 SR 99 @ S 373rd St Install roundabout, median control 350 330 1,410 1,410 3,500 3 SW 320th St @ 47th Ave SW Install traffic signal 569 569 4 S 312th St @ 28th Ave S Add SB right-turn lane or construct roundabout 771 771 5 SW 340th St: 37th Ave SW - City Limits Widen to 5 lanes 210 100 400 500 2,200 3,410 6 21st Ave S @ S 320th St Install traffic signal 100 935 1,035 7 S 320th St & 1st Ave S Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 316 or Alternatlive Measure 569 9,891 10,460 8 SR 99 HOV Lanes Phase 5: S 340th St - S 356th St Add HOV lanes, install raised median; turn lanes at 348th 29,724 150 29,874 9 16th Ave S: S 344th St - S 348th St Add SB auxiliary lane 400 1,600 4,105 6,105 10 Citywide Implement Adaptive Traffic Control System Phases I & II 731 1,962 2,693 11 Citywide Install variable lane use control signs 141 841 982 12 Military Rd S @ S Star Lake Rd Add EB right-turn lane, sidewalk 200 1,000 1,200 13 SR 509 @ SW 301st St Install compact roundabout 150 700 850 14 Citywide Implement Adaptive Traffic Control System Phase III 200 600 800 15 SR 509 @ 47th Ave SW Install compact roundabout 850 850 16 Citywide Horizontal curve improvements 92 432 524 17 SW 320th St: 3rd Pl SW - 11th Ave SW Overlay 50 1,200 1,250 18 SW 356th St: 4th Pl SW - 15th Ave SW Overlay 50 1,200 1,250 19 SW 340th St: 31st Ave SW - 37th Ave SW Widen to 5 lanes 500 1,500 4,000 6,000 20 Citywide Annual overlays 1,500 3,000 3,000 3,000 3,000 3,000 3,000 19,500 21 SR 509 @ 4th Ave S Install compact roundabout 200 800 1,000 22 City Center Adaptive Traffic Control System - City Center Stage 2 - Detection upgrades 700 700 23 Citywide Adaptive Traffic Control System Phase IV; 1st Ave S 750 750 24 Citywide Adaptive Traffic Control System Phase V; 21st Ave SW & SW Campus Dr 1200 1,200 25 Military Rd S: S 320th St - SR 18 Overlay 50 1200 1,250 26 S 356th St: 1st Ave S - SR 99 Widen to 5 lanes, bike lanes, sidewalks 300 300 3000 3000 6,600 27 Citywide Street Vegetation Management 200 200 200 200 800 28 SW 344th St @ 27th Ave SW Construct compact roundabout 50 100 560 710 Subtotal Roadway Capital Projects 33,667 7,957 6,100 6,715 25,067 11,521 42,536 58,732 192,295 Map ID Location Description Previous Years 2020 2021 2022 2023 2024 2025 2026 Total 29 SW King County Regional Trail Plan Plan to connect trails to adjacent cities 300 300 30 1st Ave S: S 292nd St - S 312th St Shoulder improvements 3,770 3,770 31 Citywide ADA Retrofits 400 400 400 400 400 400 2,400 32 Citywide Pedestrian Safety Install mid-block crossing treatments or other pedestrian improvements 1,231 320 160 160 320 320 320 2,831 33 Citywide Pedestrian Safety System Improvements Install mid-block crossing treatments 160 1,080 1,240 34 Citywide RRFB Upgrades Replace median-mounted RRFB's with mast arm mountings 140 690 830 35 SR 509: SW 312th St - 21st Ave SW Install sidewalk and streetlights on south side 200 1,300 1,500 36 Federal Way Transit Center Pedestrian Access Improvements 100 900 1,000 37 S 312th St: Steel Lake Park - 28th Ave S Install sidewalk and streetlights on south side 100 650 750 38 Citywide Implement greenway plan 320 320 39 Pacific Hwy S Trail - 16th Ave S (S 288th St to S 308th St) Construct multi-use path 200 550 600 4,600 5,950 40 SR 509: 9th Pl S - 11th Pl S Install sidewalk on south side 100 1,350 1,450 41 S 314th St: PVR Wy S - 23rd Ave S Add sidewalks and street lights 175 125 1,600 1,300 3,200 Subtotal Non-Motorized Capital Projects 1,331 2,245 2,795 2,360 2,630 6,920 2,120 5,140 25,541 Map ID Location Description Previous Years 2020 2021 2022 2023 2024 2025 2026 Total 42 Citywide LED Retrofits 3,350 160 3,510 Subtotal Street Lighting Capital Projects 3,350 160 0 0 0 0 0 3,510 TOTAL CAPITAL PROJECT COSTS 38,348 10,362 8,895 9,075 27,697 18,441 44,656 63,872 221,346 STREET LIGHTING CAPITAL PROJECTS Year 2021 Costs in $ thousands CITY OF FEDERAL WAY NON-MOTORIZED CAPITAL PROJECTS Year 2021 Costs in $ thousands TRANSPORTATION IMPROVEMENT PLAN (TIP) AND ARTERIAL STREET IMPROVEMENT PLAN - 2021 TO 2026 Year 2021 Costs in $ thousandsROADWAY CAPITAL PROJECTS -------- COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CARES ACT SMALL BUSINESS AsSISTANCE GRANT PROGRAM ITEM#: 7a POLICY QUESTION: Should the City Council authorize staff to implement a Small Business Assistance Grant program in response to COVID-19 to be funded with Cares Act funds? COMMITTEE: N/ A CATEGORY: D Consent (gJ City Council Business STAFF REPORT BY: Tim Johnson Attachments: 1. Staff Report Options Considered: D Ordinance D Resolution MEETING DATE: N/ A • • Public Hearing Other DEPT: Economic Development 1. Approve Option 2 of the recommendations proposed to implement a Small Business Assistance Grant Program. 2. Approve another of the options presented 3. Do not authorize the proposed grant program and provide direction to staff. MAYOR'S RECOMMENDATION: Approve Option 2 as presented MAYOR APPROVAL: NIA -----,C,-omrru----,-_tt-ee __ _ Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to implement Option 2, and to authorize the expenditure of $1,000,000 from the City's General Budget, and direct staff to take all steps necessary to procure reimbursement through the state for COVID-19 related expenditures." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVIS ED -4/2019 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# City of Federal Way STAFF REPORT DATE: June 11, 2020 TO: Ci t y Coun cil M em bePJ A VIA : FROM: Ma yor Jim Ferre ll ~ t,/1>{~ Ti m Joh ns on , Ec o nom ic De velopm ent an d Ade Ari wool a, Fi na nce Departmen t CARES Act Small Business Grant Assistance SUBJECT: POLICY QUESTION Should the City Council approve the Mayor's Recommendation approving a Small Business Assistance Grant program in response to COVID-19? FINANCIAL IMPACTS The financial impact to the City should be minimal in the long term. In the short term, because this is a reimbursement-only grant, the City would have to front all costs of the program until it is reimbursed. Therefore : RECOMMENDATION Approve the following recommendations : • Deployment of a potential two round grant program for small business assistance , not to exceed $2 million. • Assistance to businesses that employ 10 or less employees. • Approval of $1 million from the CARES Act Award for Round One . • Option 2, Awards $1,000 per business up to 500 businesses and $2000 per business up to 250 businesses in Round One • Approve the budget not to exceed $70,000 for software and personnel. BACKGROUND Due to the Coronavirus, the City has been awarded a grant from the State of Washington through the federal CARES Act. One of the uses for reimbursement is the deployment of a small business grant for business interruption due to COVID-19. The program can reimburse the City for both the grant monies and the cost for its deployment. This is a unique and limited one-time program . The state has allocated $2,935,200 for Coronavirus Relief Funds to Federal Way from the CARES Act. The funds are available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). On April 27, 2020, Governor lnslee announced the award of nearly $300 million to local governments across Washington from the state's allocation of the CARES Act funding. The amount the City of Federal Way received was determined by population. Administrative guidelines for the use of these funds were provided to the City on May 20 th . Again, funds are available on a reimbursement-basis only and cannot be advanced under any circumstance. Reimbursable costs are those that the City has already incurred during the operable period incurred in response to COVID-19 public health impacts. The grants can be used for six primary eligible categories: 1. Medical Expenses 2. Public Health Expenses 3. Payroll Expenses for Public Employees response to COVID-19 A. Public Safety B. Public Health C. Health Care D. Human Services E. Economic Development F. Other 4. Expenses to facilitate compliance with COVID-19 measures 5. Economic Supports A. Small Business Grants for Business interruptions B. Payroll Support Programs C. Other 6. Other COVID -19 Expenses The Mayor directed city staff to examine and formulate a draft deployment model including items associated with eligibility and criteria for small business assistance grants. DISCUSSION In order to organize a grant program to deploy awards in a quick and efficient manner, city staff examined how to formulate such a program. The examination involved two options; use of a third party vendor and the city deploying the program. Use of a Third Party Vendor Discussion amongst cities regionally and statewide found a very small list of available vendors to perform such work. Corresponding costs for a third party implementation of a grant program illustrated 7.5 percent to as high as 20 percent of the total grant amount grant. For a program the size of Federal Way, it could equate to $75,000 to 100,000. Even larger, at $2 million costs were identified at $150,000 to $400,000. In reviewing the option it appeared to be a higher cost than to perform the activity internally. Additionally, the review identified that the city will still need to perform several tasks such as marketing of the grant program, contracts, auditing, and receive directions from the Mayor and City Council related to the selection of the criteria while still being liable to the State. Also, the review identified that the hiring a third party vendor would extend time to deploy program as Vendors could not scale up fast enough to meet our timeframes. 2 City Deployment Analysis began on identifying actions needed to deploy a program within this option. Several key issues were identified. These include the following: Administration The following identifies the actions needed to deploy a grant program: • Formulation of a program policy to control selection criteria and eligibility requirements along with Instructions for applicants for the grant • Formulation of the grant application. This must include eligibility and application criteria, see Attachment A. • Formulation of a grant reimbursement form for grant receipts. • Review of application and W9 from grant applicants. • Grant Marketing. • Application Deployment and Deadline. Software The acquisition of a grant management software program was identified. A broad search was initiated. Research looked for software that is user-friendly on a variety of platforms such as desktop, laptop, notebook, mobile device, along with the ability to apply a weighting criterion. A review was performed by the directors of Information Technology, Finance, and Economic Development. A software program was identified entitled AwardForce. It cost $5,000 for a one-year subscription. It is a cloud-based system supported by Amazon (AWS). Additionally, there is a one-time set up fee for $1,000. It also would be a valuable tool in the future for Community Development department and grants from its CDBG program. Web-based Platform Research also examined how to deploy the application. It was identified that items such as the application along with Instructions, forms such as W9 and for grant reimbursement should be available online at the city's website . Access can be had via desktop, laptop, notepad, and mobile device. The effort is to provide easy access to all potential applicants, minimizing physical contact in an expedited process. Personnel Additionally, research examined personnel needs. City staff will be needed to perform several major actions. These are identified below: • Identify eligibility along with eligible costs and draft recommendations for selection criteria . This involves the use of Economic Development and Finance department staff. • Perform something less than a "beta-testing" of the software and application to test its capabilities in short order for deployment . This involves the use of Economic Development, Finance, and Information Technology department staff and assigned personnel • Response to Technical Assistance with Application for Grant Seekers . This too involves the use of assigned personnel. 3 • On-going Grant Evaluation Process. Again, this involves the use of assigned personnel. • Contract Formulation and Review. This involves the use of Legal and Finance Department staff and the use of assigned personnel. • Performance of Auditing Review. This involves the use of Finance department staff. • Technical Assistance will be provided by Assigned Personnel in meeting ADA and language requirements. • Additionally, it will entail administrative work on e-mail correspondence with grant, applications, W -9's, award letters, and disbursement of checks to grant awardees. To achieve the deployment, the review included examination of available personnel. It is estimated that to perform this deployment, the city will need to assign three (3) Full Time Equivalents, {FTE's) working for 60 days for an est imated cost of $48,000 for wages/salaries/benefits. To achieve this, we will extend opportunities to furloughed City of Federal Way personnel along with economic interns. If they are not available, it will be necessary to pursue another option as there are no available city personnel to be redirected to accomplish this deployment. Telecommunications/Digital Access Research illustrated the potential temporary use of an existing phone line not currently being used by Mayor's Office . This phone line could be used as the "Grant Hotline," exclusively for the program team to answer questions. This phone number would be aligned with all marketing and application materials. Budget The following identifies the costs for the city to deploy the program: Budget Requi rements for Depl oy ment of Small Busine ss Ass istance Grants Software: $ 6,000 1 Personnel: $48,0002 Department Support $16,000 1. One year sub scription and $1 ,000 for set up 2. Three FTE for 60 day s includes salaries/wages/benefits The Goal and Businesses to Be Served The key issue is to understand the goal. Is it for liquidity purposes or is it to prevent insolvency? This use of the CARES Act dollars is a paltry sum in the larger picture of the federal assistance that has already been deployed specifically the forgivable Paycheck Protection Program . This is a grant program. It is not a loan program requiring insight to the business's equity, collateral, and business ratios. This application is not intrusive. The grant application does not require personal or business financial information. The City is not set up to operate such a program in a short manner to maintain the public 4 trust with that information. Therefore, the goal should be a fiscal stimulus to support local micro and small business enterprises. This action is similar to the deployment of other small business assistance grants either deployed or pending deployment by other cities in the Puget Sound. There are slightly more than 5,000 businesses or 82 percent of the total businesses that employ less than 5 people in Federal Way. Additionally, 491 businesses or 8 percent employ 6 to 10 employees. Combined, that equates to nearly 90 percent of the businesses or roughly 5,600 businesses out of the total. It is these size businesses according to the Federal Reserve that have the most difficulty with the availability and access to capital. It is recommended that these are the businesses to be served. Grant Award Levels SIZE OF BUSINESSES IN FEDERAL WAY, 2020 5 employees or less 5,098 6 -10 employees 491 11-15 employees 176 16 -20 employees 100 21 and above 369 BREAKDOWN OF BUSINESS BY EMPLOYEES 0 employee 1 employee 2 employees 3 employees 4 employees 5 employees 2,534 (owner only) 1,063 645 338 267 251 The examination identified that there are multiple options. Grants can be deployed using formulas. These include the following: • An average amount that is dispersed to applicants. This can be achieved through an application for eligibility and corresponding lottery for the selection of awardees . • A Weighted Formula. This can be achieved using eligibility and criteria . • A Hybrid Formula using both Average Amount and Weighted Formula . Additionally, the principles for the grant program should be equitable, transparent, effective, and efficient, simply meaning quick. Additionally the deployment should preserve cash flow management and that it follows similar actions of deployments of this size by other cities. Options The research identified four options to deploy the potential of two $1 million rounds. They include the following: 5 1. The first examination involves the deployment of a grant through an average formula using the attached criteria and a lottery. Simply, it would deploy $2,000 per business up to 500 businesses. This equates to nearly 10 percent of the identified eligible group of businesses. It would use a lottery system, and the application is to determine eligibility. It fulfills the principles for the grant program as identified above. If a second grant round of $1 million for a total of $2 million, it would support 1,000 businesses or 20 percent of the identified eligible group of businesses. 2. Another option for deployment would be $1,000 per business up to 500 businesses and $2,000 per businesses up to 250 businesses serving nearly 15 percent of identified eligible group of businesses. It would use a lottery system, and the application for eligibility would include a pre- screened priority focus of businesses that have a retail/commercial storefront and/or office and that are minority, women, and veteran-based. Again, it too fulfills all of the above principles for the grant program. If a second round, it could serve $1,000 per business to a total of 1,000 businesses and $2,000 per business to 500 businesses. This could yield 1,500 businesses or nearly 30 percent of the total group of identified eligible group of businesses. 3. The third option uses a formula grant incorporating a weighted criterion . The City could pursue something such as the following: 50 grants awarded at $5,000 =$250,000 100 grants x $4,000=$400,000 100 grants x $3,000=$300,000 50 grants x $2,000=$100,000 This option yields 300 grants, however its total is $1.1 million. However, this option only reaches 5.5 +/-percent of the identified eligible businesses. It also creates significantly more work as it will require identifying the applicants and ranking them by quartiles for selection by award level. It may not be completed in 30 days let alone in 60 days due to workloads to compile, analyze, and recommend due to the deployment using the weighted formula due to the number of applications. Again, if a second round, it could result in the following: 100 grants awarded x $5,000 (maximum amount recommended)= $500,000 200 X $4,000= $800,000 200 X $3,000= $600,000 100 X $2,000= $200,000 This option yields 600 grants, however its total is $2.1 million. However, this option only reaches 11 +/-percent of the identified eligible businesses. 4. Yet, another option is to deploy a "Hybrid" grant program to continue to reach more businesses . For example: Deploy 1,000 -$1,000 grants= $1 million. Provide these grants similarly to options 1 and 2 then disperse through a lottery. Then for the second element incorporate a weighted formula using the criteria in Attachment A for anything over $5,000 to $10,000. 6 The first phase goes relatively quick. Then while that is being processes, continue with the more intensive grant review using a weighted formula. However, this hybrid grant program can only achieve serving 15 to 20 percent of the eligible businesses, not any more than the average grant. Additionally, the second phase probably will not see deployment until late July if not August due to extra workloads illustrated above. Timeframe for Deployment Analysis identified that city deployment is the quickest option. It also identified the deployment of two grant rounds . The first will provide important feedback specifically on the demand . Any refinements can be made in second round. Additionally, second round can be initiated shortly after first round with the potential to be deployed in middle of July. The following table presents the timeframe for grant deployment. Options 1 and 2 have similar days to deployment based upon date of approval by the City Council. The timelines are based upon the type of grant formula used and the corresponding time necessary for compiling, analysis, and award. OPTIONS Option 1 Option 2 Option 3 Option 4 TIMEFRAME FOR GRANT DEPLOYMENT DAYS TO DEPLOYMENT DAYS TO COMPLETION <20 60 <20 60 30-45 90 30-45 90-120 Upon approved, immediately assign staff, purchase software, and begin its configuration and testing. Deployment for application would be first week in July. It will be followed by a two-week window for applications and then subsequent review and dispersal of award letters. It would be followed by grant awardees submitting reimbursement forms with their receipts to ensure eligible expenditures and concluding with disbursement of checks. RECOMMENDATION • • • Approve the recommendation to deploy the grant program in two rounds. The first round will deploy $1 million. Then, analyze the deployment, make any adjustments or refinements, and initiate if demanded, a second round of a similar or less amount. Approve the identified eligible group of businesses that employ 10 or less employees . Approve Option 2 for deployment . , Again, it would be $1,000 per business up to 500 businesses and $2,000 to 250 businesses . This option serves 750 business or nearly 15 percent of the eligible group of businesses. It would use a lottery system and the application is for eligibility with a pre-screened priority focus of businesses that have a retail/commercial storefront and/or office and that are minority, women, and veteran-based. It fulfills the principles of the grant program to be equitable, transparent, effective, and efficient. Again, if a second round of equal monetary size, it could serve 1,500 businesses. • Approve the budget for deployment not to exceed $70,000 for software, personnel, and departmental support from Finance, IT, and Legal. 7 ATTACHMENT A The following is an outline of the eligibility of a new program to help small businesses in Federal Way that have been impacted by COVID-19. This information has been formulated through input from economic development agencies throughout the Puget Sound and state. In addition is the criteria used for selection. The questions will be weighted to formulate a score for each application and will be used as a tool to measure the award. Eligibility • Domiciled in Federal Way • Possess a Federal Way Business License • Must have been in business 1 year prior to 2020 • Must be current on all taxes and government fees • Not a recipient of other grants or other state or federal COVID-19 funding • No more than 10 Employees Full Time Equivalent) per business • Annual Revenues of business cannot exceed $1.5 million • Home occupation businesses operated from the owner's primary residence may qualify if the residence is physically located in Federal Way city limits, although priority will be given to "brick and mortar" businesses. • Non-profits not eligible Eligible Costs: • Rent • Utilities • Insurance • Marketing • Personnel Protection Equipment • Payroll or benefits expenses for employees; Ineligible Costs: • Capital expenditures such as acquisition of real property and construction/renovation costs; • Damages covered by insurance; • Expenses that have been or will be reimbursed under any other city, county, state, county, or federal program; • Reimbursement to donors for donated items or services; • State & federal tax payments; • Workforce bonuses; • Severance pay; and • Legal settlements. Receipts or proof of payment for costs incurred will be required to the City of Federal Way before disbursal of grant. Grantees are required to maintain sufficient accounting records in accordance with state and federal laws as monitoring visits may be scheduled. 8 APPLICATION 1. Company Information A. Name B. Address C. City D. Zip 2. CEO/President Information A. Owners Name B. Email Address C. Phone number D. Name of person filling this form out {if different from above} E. Email address of person filling out this form {if different from above} F. Washington State UBI Number/Federal Way Business License G. What Year was the Business Established 3. What industry sector is the business in? A. Software B. Computers C. Metals & Machinery D. Hotel/ Motel/ Short Term Rentals E. Food Services F. Agriculture G. Construction H. Administration & Professional Services I. Transportation J. Health Care & Education K. Arts, Entertainment, and Recreation L. Retail M. Wholesale trade N. Manufacturing 0. Personal Care (hair & nail salons, barber, massage) P. Exercise & Fitness Q. Other 4. Has the business been in operation for 1 year? A. Yes B. No 5. Was your business required to close due to the Pandemic? A. Yes B. No 9 6. If previously closed, has your business been allowed to open under Phase 1.5? A. Yes B. No 7. What is the current operating condition of your business A. Closed B. Open-operating in a limited capacity C. Open-full capacity NOTE: Check all categories in Questions 8, 9, and 10 that are applicable 8 . Is the business identified as Veteran-Owned? A. Yes B. No 9. Minority-Owned? A. Yes B. No 10. Women-Owned? A. Yes B. No 11. Do you have a commercial storefront or office? A. Yes B. No 12. Is the business home-based? A. Yes B. No 13 . Number of FTE (full time equivalent) employees as of 01/01/2020? Answer __ _ 14. Current number of employees Answer __ _ 15. Have you had to lay off employees as a result of COVID-19 (business owners count as employees) A. Yes B. No 16 . Has your business been denied credit since March 1, 2020? A. Yes 10 B. No 17. What percentage of annual revenue has your business lost due to COVID -19? A. 10%to 20% B. 20% to 30% C. 30% to 40% D. 40%to 50% E. More than 50% 18. Amount of Emergency Grant funds requested? A. $1,000 B. $2,000 11 COUNCIL MEETING DATE: June 16, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: ESTABLISHING THE MAYOR'S EMERGENCY POWERS ITEM#: Sa POLICY QUESTION: Should the City Council approve the proposed Emergency Powers Ordinance, delegating authority to the Mayor to issue emergency orders, subject to ratification, modification, or rejection by the City Council at the next Regular Council Meeting? COMMITTEE: NI A CATEGORY: D Consent D City Council Business • Ordinance D Resolution MEETING DATE: NIA • • Public Hearing Other STAFF REPORT BY: Del Kolde, Asst. Ci Attome _________ D_EP_T_:_L_a_w ________ _ Attachments: Staff Report Proposed Ordinance Options Considered: 1. Approve the proposed Emergency Powers Ordinance; 2. Decline to approve the proposed Emergency Powers Ordinance and give direction to Staff MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ___ N,_1/A ___ --,,.q.,::.....__ _ _µ_-=-,~cJ DIRECTOR APPROVAL: crt2C (a''} fiox, Committ ee ln itln l/Dat Initial/Date COMMITTEE RECOMMENDATION: NIA Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTIONS: FIRST READING OF ORDINANCE (611612020): "I move to forward the proposed ordinance to the July 7, 2020 Council Meeting for second reading and enactment." SECOND READING OF ORDINANCE (71712020): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -6/2018 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: June 5, 2020 CITY OF FEDERAL WAY MEMORANDUM TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ryan Call , City Attorney ~ Del Kolde, Assistant City Attorney SUBJECT: Proposed Emergency Powers Ordinance Financial Impacts: The proposed ordinance is not expected to have any significant financial impact. Background Information: Unlike numerous nearby cities, including Seattle, Auburn, Tacoma, Bellevue and Redmond, the City of Federal Way currently lacks any ordinance expressly delegating enforceable emergency powers to the mayor to address events such as human-caused civil emergencies, pandemics, or natural disasters. The proposed ordinance is based on similar ordinances that are currently in place in the cities listed above. The ordinance would authorize the mayor to take quick action, in the event of a civil emergency, to protect life and property, such as imposing a curfew, closing streets, requesting emergency aid, or closing some or all businesses. The mayor's orders would be temporary in nature, and subject to ratification or modification by the city council. In the event that the mayor is incapacitated or otherwise unavailable, this authority would be exercised by the council president, or in the absence of both the mayor and council president, the most senior member of the city council. Any violation of an emergency Rev . 7/1 8 order would be punishable as a misdemeanor with a maximum punishment of a $1,000 fine or 90 days injail. The proposed ordinance avoids regulating lawful firearms possession, because any such regulation is likely pre-empted by state law. The powers granted by the proposed ordinance are otherwise comparable to those given to the mayors of Auburn, Bellevue, Tacoma, Seattle and Redmond. Rev. 7/18 ORDINANCE NO. ---- AN ORDINANCE of the City of Federal Way, Washington, relating to the mayor's emergency powers; adding a new chapter 2.09 to the Federal Way Revised Code including sections 2.09.010; 2.09.011; 2.09.012; and 2.09.013. WHEREAS, Article XI,§ 11 of the Washington State Constitution provides that the city has the authority to make and enforce laws within its limits that are not in conflict with state law; and WHEREAS, RCW 35A.11.020 provides that the city council may adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city; and WHEREAS, natural disasters, public health emergencies, civil unrest, and other unpredictable events can create a need for temporary emergency orders that mandate actions such as the evacuation of citizens, imposition of curfews, requests for civil aid, and other actions necessary to the preservation of life and property; and WHEREAS, many cities in the state expressly delegate to the mayor the authority to issue emergency orders to address emergencies; and WHEREAS, during times of emergency, the city may need to take timely action in order to protect life and property; and WHEREAS, being the elected chief executive of the city, the mayor is in the best position to quickly declare an emergency and issue emergency orders; and WHEREAS, the city council finds it appropriate to delegate to the mayor, or to the council president or another councilmember in the mayor's absence, the authority to make emergency orders, subject to ratification and modification by the city council. Ordinance No. 20-Page I of6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.09 of the Federal Way Revised Code is hereby added to read as follows: Chapter 2.09 MAYOR'S EMERGENCY POWERS Sections : 2.09.010 Proclamation of civil emergency -Emergency defined. 2.09.0ll Action which may be taken. 2.09.012 Publication. 2.09.013 Violation -Penalty. 2.09.010 Proclamation of civil emergency-Emergency defined. Whenever a civil emergency, or the imminent threat of such an emern:ency. occurs in the city and results in or threatens to result in the death or injury of persons. or the destruction of or damage to prope1iy to such extent as to reg uire, in the i udgmen l of the mayor, extraordinary measures to protect the public peace, safety and welfare. the mayor shall proclaim in writing the existence of a civil emergency. In the absence of the mayor, such a civil emergency m ay be declared by the council president, and in the absence of the council president, by the longest serving member of the city council. For the purpo ses of this chapter a civil emergency shaU m.ean : (1) A riot. unlawful assemb ly. i.nsuJTection. mob action, looting. enemy attack, sabotage, or other bostile action; or (2) A natural or human caused disaster, including contagi ous disease, fire . flood. storm. explosion. earthquake. volcanic disturbance or other natural cause. Ordinance No. 20-__ Page 2 o/6 2.09.011 Action which mav be taken. Upon the proclamation of a civil emergency by the mayor. and during the existence of such emergency. the mayor may make and proclaim any or all of the following orders: ( l) An order imposing a curfew upon all or any portion of the city requiring all persons in the designated curfew areas and times to remove themselves from the public streets. alleys, parks, beaches, schools, amusement areas, or other public pl aces; provided, however. that health-care pe rsonnel performing medical services, utility personnel maintaining essential pub lic services, firefighters and city-authorized or requested law enfo rcement fficers and personnel may be exempted from such a curfew: provided further. that the mayor may. in the mavor's discretion, exempt other essential activities from such a curfew: (2) An order closing one or more public streets, thoroughfares, or public places within the city to vehicular or pedestrian traffic; (3) An order requiring any or all business establishments to close and remain closed until further (4) An order requiring the discontinuance of the sale_ distribution or giving away of alcoho l in any or all parts of the city; (5) An order requiring the discontinuance of the sale. distribution o r giving away of gaso line or other liquid flammable or combustible products in any container other than a gasoline tank properly af--fixed to a motor vehicle or a heating oil tank for a residence or busine s: (6) An order pro11ibiting the carrying. possession, or distribution of any dangerous weapon upon any street, s id ewalk. roadway, park, or publi place within in the city which could reasonabJy be used for rioting. looting, or insurrection, including, without limitation. bricks, clubs, rocks, blackjacks, brass Ordinance No. 20-__ Page 3 of 6 knuckles , crow bars , knives with a blade exceeding three inches , Molotov cocktails, or the components for making incendia1y devices; provided_ that anv such order shall not apply to peace officers or military personnel engaged in the performance of their official duties or limit the ability of any individual to legally carry firearms as provided under state law; provided further, that such order sha ll not limi t th e right of any pers n to legally possess a firearm in their home or business; (7) An order directing the use of all public and private health. medical. and convalescent facilities and equipment to provide emergency heal.th and medi al ca.re for injured persons; (8) An order reauestirn! federal or state assistance in combating the civil emergencv:_ (9) An order providing for the evacuation and reception of the population of the city or any part of the city; and ( 10) Such other orders as are reasonably necessary for the imminent protection of I ife and property. Provided. however, that any such orders shall, at the next regularly scheduled meeting. be presented to the city council for ratification and confirmation, modification , or rejection. and i f not so ratified and confirmed shall be void. If the council modifies or rejects an order, such modification or rejection shalJ be prospective only. andshall not affect any actions taken prior to the modification or rejection of the order. 2.09.012 Publication. The mayor shall cause any proclamation issued in accordance with the authority of this chapter to be delivered to a ll news med ia within the city and shall utili ze s u c h other ava·il ab le means. including social media, the city's website, emergency notification systems, and public address systems, as shall b e necessary . .in the mayor s jud gment , to give notice of s 11ch proclamati o ns t9 the pubJjc. Ordinance No. 20-Page 4 o/6 2.09.0 l3 Viola ti.on -Penally. 1t is unl a wful for anyone to fail or refuse Lo obey any such order proclaimed by the mayor. including anv police officer or other city official attempting to enforce such an order. Anvone convicted of a violation of this chapter is convicted of a misdemeanor and shall be puni shed by a fine not to exceed $1,000 or impri sonment for a period of not more than 90 days or by both such fine and imprisonment. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 20-Page 5 o/6 PASSED by the City Council of the City of Federal Way this ____ day of 20 -------~ CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC , CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance N o. 20-Page 6 o/6