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2020-06-16 Council Minutes - RegularCIT 4::A�L Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting June 16, 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 Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. COUNCILMEMBER BARUSO MOVED TO ADD COUNCIL BUSINESS ITEM B FOR COUNCIL DISCUSSION AND POTENTIAL ACTION FOR AN ADDITION TO THE COUNCIL FACEBOOK PAGE THAT COUNCIL SUPPORTS AND RECOGNIZES THAT BLACK LIVES MATTER; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed 6-0: Council President Honda did not vote Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes 3. PRESENTATIONS a. AWC Advanced Certificate in Municipal Achievement to CouncilmemberAssefa-Dawson, Councilmember Kochmar, and Councilmember Moore Due to technical difficulties, Council President Honda rejoined the meeting at 6:41 p.m. Peter King, CEO of Association of Washington Cities (AWC), joined the meeting via telephone to virtually present and speak to the importance and hours of training required to reach the Advanced Certificate in Municipal Achievement Certificate. He also noted Federal Way is one of very few cities where the majority of the elected officials have achieved this recognition. b. Proclamation: Juneteenth Week "Honoring Freedom" Federal Way City Council Regular Minutes Page I of 8 June 16, 2020 The City Council each participated in reading and presenting the proclamation honoring Juneenth on June 19. The proclamation also called for "Juneteenth Week" in Federal Way during June 15-21, 2020. Statements in support of this proclamation and to the overall importance of recognizing and specifically supporting and celebrating the black community were accepted from multiple community members including: Senior Advisory Commissioner Frank Fields, Diversity Commissioner Trenise Rogers, Federal Way Black Collective member Lyn Idahosa-Berry, Police Accountability Co -Chair for Seattle -King County NAACP Teri Rogers -Kemp, 30th District Representative Jesse Johnson, Human Services Commissioner Cynthia Maccotan and Federal Way Black Collective member Tirzah Idahosa. c. Mayor's Emerging Issues and Report Financial Report Finance Director Ade Ariwoola updated City Council on the city budget in relation to the ongoing issues and closures resulting from COVID-19. He noted the projections and estimates for June through December are based on two weeks of closures in March and will be revised as more information becomes available. He provided specific information regarding the Performing Arts and Event Center, the Federal Way Community Center, and Dumas Bay Centre. Proposed 2021-2022 Biennial Budget Calendar Finance Director Ade Ariwoola provided the proposed 2021-2022 Biennial Budget Calendar. Recent Community Events Mayor Ferrell reported on the recent high school virtual graduations and Federal Way School District (FWSD) content which will play on the government access channel. He also noted the school district is seeking donations for school supplies and monetary donations for the lunch program. COVID-19 Update Emergency Manager Ray Gross provided an update to the City Council on the COVID-19 pandemic. In response to a question, Mr. Gross confirmed there is a high fail rate of testing and testing is often repeated, especially in high risk populations such as long term care facilities. The Mayor suggested concerned citizens seek medical attention and advice from medical professionals regarding testing and the need to retest. Chamber of Commerce Quarterly Meeting Mayor Ferrell reported the Chamber of Commerce Quarterly Meeting was held remotely on June 9. Fireworks Safety Reminder Deputy Police Kyle Sumpter noted the main message of his presentation is that Federal Way City Council Regular Minutes Page 2 of 8 June 16, 2020 fireworks for personal use in Federal Way are illegal and have been since the city incorporated. Fireworks are dangerous and increase noise, air, and ground pollution as well as result in fires and injuries. He noted the main focus is education, however if police respond and find fireworks the citizen will be ticketed and the fireworks will be confiscated. He asked for help from multi -family complexes and home owners associations to get the word out that fireworks are illegal. d. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Chair Kochmar announced the next meeting will be July 14 at 5:00 p.m. and held remotely via zoom. Land Use/Transportation Committee (LUTC) — Chair Koppang noted items on the Consent Agenda were approved at their last committee meeting. The next meeting is scheduled for July 6 where they will be discussing airport issues and an update on Sound Transit's Federal Way Link Extension. Finance, Economic Development Regional Affairs Committee (FEDRAC) — Chair Tran announced the next meeting is scheduled for June 23 at Spm on Zoom. Lodging Tax Advisory Committee (LTAC) — CouncilmemberAssefa-Dawson reported the next meeting would be held on July 15. Regional Committees Report (PIC) — Councilmember Moore announced the next meeting is July 8. Council President Honda congratulated Councilmembers Kochmar, Assefa-Dawson, and Moore on their achievement. She recently attended and reported on the Board of Health meeting and the South County Area Transportation Board meeting. She would like to create an ad-hoc committee of three Councilmembers discuss the City Council Facebook page and social media policies. 4. CITIZEN COMMENT Lamont Styles would like to see funds allocated away from the Police Department and instead invested towards community-based programs, which he feels help contribute to lower crime rates. Leann Realiza urged the Mayor and Council to consider flying the Black Lives Matter flag as a way to stand up for citizens in Federal Way. Betty Taylor would like to see citizens in Federal Way coming together more and suggested rallies and National Night Out as potential avenues. Sanetta Hunter thanked the Mayor and Council for the Juneteenth proclamation and encouraged the Mayor and Council to fly the Black Lives Matter flag at City Hall. Ms. Hunter would also like to see the City review its policies and practices around police accountability. Sal Samine6 raised questions about the CARES Act funding. Allison Taylor shared a history on the gay rights movement and compared it to the current Black Lives Matter movement. Federal Way City Council Regular Minutes Page 3 of 8 June 16, 2020 Jim Stiles voiced his opinion that the rally at City Hall was not a political rally but rather an expression of support for the police. Anisah Rogers would like to see the Black Lives Matter flag flown at City Hall. Pam Ashe questioned if the Mayor and Council understand the full impact of the event at City Hall and if they have given thought to how it could be perceived. Lyn Idahosa-Berry asked City Council to give more thought to the CARES proposal in order to better assist businesses with fewer than 10 employees. Cynthia Maccotan shared her disappointment over some citizens' reactions to a silent demonstration that took place. The City Clerk read a letter from Alex Kirichenko opposing flying the Black Lives Matter flag at City Hall. The City Clerk read a letter from Jessica Erickson regarding Federal Way's action against King County's coroner inquest process. The City Clerk read a letter from Judo Lata regarding the death of Malik Williams and asking to have the Black Lives Matter Flag flown at City Hall. The City Clerk read a letter from MaryAnn Hartman stating her concerns with Police Department. The City Clerk read a letter from Theresa Guerrero sharing that she would like to see more support for the Black Lives Matter movement by City Leaders. The City Clerk read a letter from Bernedine Lund thanking the City for flying the Pride flag and for the Juneteenth Proclamation. The City Clerk read a letter from Amy (no last name given) regarding concerns with a rally that was recently held outside City Hall. The City Clerk read a letter from Steve Mayer urging Council to do more to support the Black Lives Matter movement. At 9:26 p.m. Mayor Ferrell announced the Council would be taking a ten minute recess. Mayor Ferrell resumed the meeting at 9:36 p.m. COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed 6-0: Council President Honda Councilmember Assefa-Dawson Councilmember Baruso Councilmember Kochmar 5. CONSENT AGENDA yes Councilmember Koppang yes yes Councilmember Moore did not vote yes Councilmember Tran yes yes 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 Federal Way City Council Regular Minutes Page 4 of 8 June 16, 2020 Project APPROVED RESOLUTION #20-791 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 COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH F ON THE CONSENTAGENDA; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously6- 0 as follows: Councilmember Kochmar yes Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore did not vote Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes 6. PUBLIC HEARING Mayor Ferrell opened the public hearing at 9:39 p.m. a. Resolution: Adoption of Revised Six -Year Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) APPROVED RESOLUTION #20-792 City Traffic Engineer Rick Perez provided a presentation on the 6 -year plan for transportation related capital projects; this report is required for grant eligibility and is updated annually. Mr. Perez provided information on the changes in the plan since last year's adoption which includes: one (1) completed project, one (1) revised project, one (1) added program, and nine (9) new projects. Due to technical difficulties, Councilmember Moore rejoined the meeting at 9:43 p.m. Councilmembers thanked Mr. Perez for his report and presentation. COUNCILMEMBER KOPPANG MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda Councilmember Assefa-Dawson Councilmember Baruso Councilmember Kochmar 7. COUNCIL BUSINESS yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Tran yes yes a. Council Consideration of CARES Act Allocation Process Economic Development Director Tim Johnson provided a staff report regarding how to implement a small business grant program in response to COVID-19. Federal Way received a CARES Act allocation from the state based on the city's population. The city can use these funds for the following reimbursable expenses: Federal Way City Council Regular Minutes Page 5 of 8 June 16, 2020 medical expenses; public health expenses; payroll expenses for public employees' response to COVID-19; facilitate compliance with COVID-19 measures; economic support; and other COVID-19 expenses. Mr. Johnson outlined the options of using either a third -party vendor or city deployment. He outlined the criteria for eligibility for receiving a small business grant. These include: • Domiciled in Federal Way • Current Federal Way Business License • Have been in business at least 1 year prior to 2020 • Current on all taxes and government fees • Not a recipient of other state and federal COVID-19 funding Director Johnson also discussed the size of businesses/number of employees, the different options of grant level funding, and the desire to get funds out to the business community as expeditiously as possible. He reported the staff and Mayor's recommendation is Option 2 which is quick deployment to include $1,000 grants per business up to 500 businesses and $2,000 grants per business up to 250 businesses. He indicated the grants can be used for rent assistance, utilities, insurance, marketing, personal protection equipment, and payroll/benefit expenses. Councilmembers thanked Mr. Johnson for his thorough presentation and information and asked clarifying questions regarding eligible businesses, business size and the suggestion to use of the term random selection rather than random lottery. COUNCIL PRESIDENT HONDA MOVED TO AUTHORIZE STAFF TO IMPLEMENT THE CARES ACT ALLOCATION (OPTION #2) AS PRESENTED, TO AUTHORIZE THE EXPENDITURE OF $1,000,000 FROM THE CITY'S GENERAL BUDGET, AND TO DIRECT STAFF TO TAKE ALL STEPS NECESSARY TO PROCURE REIMBURSEMENT THROUGH THE STATE FOR COVID-19 RELATED EXPENDITURES; COUNCILMEMBER KOPPANG 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. (ADDED ITEM) Council Recognition of Black Lives Matter on the Council Facebook page Councilmember Baruso provided a background and brief explanation on this item. He feels city leaders need to use their voices for those that are not often heard, including our children. He believes the proposed action is a tool to unite and bring healing. COUNCILMEMBER BARUSO MOVED TO SUPPORT THE RECOGNITION OF BLACK LIVES MATTER BY PUTTING IT ON THE COUNCILMEMBERS FACEBOOK PAGE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. Discussion centered on the desire and need to recognize and fully support the black community. Additional comments clarified their support is not meant to polarize the community or politicize their statements. Amid the discussion, clarification was asked regarding specific language. City Attorney Ryan Call read back the motion. Federal Way City Council Regular Minutes Page 6 of 8 June 16, 2020 COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MAIN MOTION TO ADD THE SPECIFIC LANGUAGE TO BE DETERMINED BY COUNCIL PRESIDENT HONDA AND THE COUNCIL EXECUTIVE ASSISTANT; COUNCILMEMBER KOPPANG SECOND. Council President Honda deferred to Councilmember Baruso for the specific language as he brought this item to Council and she wants to support his effort on this issue. Councilmember Kochmar withdrew her amendment and Councilmember Koppang withdrew his second. Mayor Ferrell asked Councilmember Baruso for clarification on the exact language to be added to the Council Facebook page. Mr. Baruso restated the words Black Lives Matter. Prior to calling for the vote, Mayor Ferrell restated the motion including the clarification that the exact language would be "Black Lives Matter'. The main motion passed unanimously as follows Council President Honda Councilmember Assefa-Dawson Councilmember Baruso Councilmember Kochmar 8. ORDINANCES yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Tran yes yes First Reading a. Council Bill #778/Ordinance Establishinq the Mavor'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. Assistant City Attorney Del Kolde provided a report on this proposed ordinance. Mr. Kolde noted a recent review of the code brought to light the absence of standard emergency powers which would enable to the Mayor to maintain order during an emergency. He noted civil emergencies include: natural disasters such as earthquakes or volcanic eruption, civil unrest, terrorist attacks, and pandemics. The types of orders which could be included in the emergency powers are curfews, street closures, evacuation, requests for aid, closing of businesses, ban sale of alcohol or gasoline, and ban on street weapons with the exception of lawful possession of firearms. The Assistant City Attorney noted all orders would be subject to Council ratification or modification and the orders are required to be publicized through news media and social media. He noted this revision avoids conflict with state law and is consistent with peer cities. No citizen comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCIL PRESIDENT HONDA MOVED TO FORWARD THE PROPOSED ORDINANCE TO JULY 7, 2020 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 7 of 8 June 16, 2020 Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes 9. COUNCIL REPORTS Councilmember Kochmar provided no report. Councilmember Moore thanked the Council for tonight's conversation regarding the importance of black lives and embracing the community and moving forward. Councilmember Koppang also thanked Council for a good discussion; he also thinks the CARES Act will help some people in our community. He is proud to be a part of this Council and this city. Councilmember Tran provided no report. Councilmember Baruso thanked staff and congratulated Councilmembers Assefa-Dawson, Kochmar and Moore on their recognition. He thanked everyone for the support tonight and was pleased this important action shows that people can work together; he is also proud to be a member of this Council. Councilmember Assefa-Dawson thanked Councilmember Baruso for his leadership in bringing forward the recognition of Black Lives Matter and she is happy this motion passed unanimously as it is important to her and the community. She also said this is a symbol and she is looking forward to the action that follows. Council President Honda thanked staff for helping her with technical issues tonight. She sends her support to the police officers and prays they return home to their families each night. She re -read the last two paragraphs of the Juneteenth proclamation noting its importance of coming together as a community. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 12:08 a.m Attest: qrvw XL�&VX�- . Step anie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 8 of 8 June 16, 2020