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05-18-2021 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA "AMENDED AGENDA" Remote Meeting May 18, 2021 — 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 Council encourage you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLIGIANCE 3. PRESENTATIONS a. Proclamation: Asian American/Pacific Islander (AAPI) Heritage Month — May 2021 b. Proclamation: Older American's Month — May 2021 c. Proclamation: Public Works Week — May 16-22 d. Proclamation: Police Week — May 17-21 e. Legislative Wrap-up: Senator Claire Wilson, Rep Jesse Johnson, Rep Jamila Taylor, and State Legislative Lobbyists Jim Hedrick and Luke Esser Mayor's Emerging Issues and Report • Covid-19 Update: Deputy Chief Kyle Sumpter, Acting Emergency Manager • Hazard Pay Grant Program Update: Steve McNey, Government Affairs Coordinator • Upcoming Community Events: MRSC Crab Feed on June 5, Highline Forum on May 26 • Report on Recent Events: Farmer's Market — Shop Local Health and Fitness Fair (5/15); Shredding and Masks Event at the Commons (5/15); AWC and AOC Joint Webinar Presentation regarding the Independence of the Judiciary with Judge Robertson and Judge Fair (5/18) g. 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 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. 4. PUBLIC COMMENT Please email comments to COUNCIL(cDcityoffederalway.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: May 4, 2021 Regular and Special Meetings b. 2022 Asphalt Overlay Program Preliminary c. Greenway Pavement Markings Phase 2 (2021) Project Bid Award d. NITS Program Project: SW 340th St (19th Ave SW to Saghalie Park) e. Authorization to Lease SWM Parcel 2921049059 to James W. Fowler Co f. Award Concrete Sidewalk Beveling — Trip Hazard Removal Contract g. Resolution: Authorization to Accept Grant Funding for Transportation Improvement Project (Southwest King County Regional Trail Plan) h. Resolution Setting a Public Hearing Date for the 2022-27 Transportation Improvement Plan (June 15, 2021) i. Valley Communications Service Level Agreement for Emergency Communication Services 6. COUNCIL BUSINESS a. Climate Action Planning b. Senior Advisory Commission Appointment c. Ethics Board Appointments d. Arts Commission Appointment e. Lodging Tax Advisory Committee Appointment f. (ADDED ITEM) Authorization to Seek and Accept Grant Funding: Community Litter Cleanup Program 7. ORDINANCES First Reading a. Council Bill #803/Ordinance: FWRC Chapter 4.05 Park Regulation Updates AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, UPDATING PARKS REGULATIONS; AMENDING FWRC 4.05.010, 4.05.020, 4.05.050, 4.05.060, 4.05.090, 4.05.100, 4.05.140, 4.05.250, 4.05.280, 4.05.300, 4.05.310, 4.05.330, 4.05.340, 4.05.350, 4.05.370, 4.05.370, 4.05.390, AND 4.05.400; REPEALING FWRC 4.05.160; AND ADDING NEW SECTIONS 4.05.045 AND 4.05.145 TO CHAPTER 4.05. (AMENDING ORDINANCE NOS. 91-82, 93-183, 01- 388, 01-396, 01-404, 02-428, 04-464, 06-530, 07-572, 09-593, 09-597, AND 09-617) Staff Report: Jason Gerwen, Deputy Parks Director Public Comment — 3 minutes each 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. Council Bill #804/Ordinance: Regulating Racing, Stunting and Unlawful Race Attendance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO UNLAWFUL STUNT DRIVING OR RACE ATTENDANCE; ADDING A NEW CHAPTER 6.17 TO THE FEDERAL WAY REVISED CODE INCLUDING NEW SECTIONS 6.17.010; 6.17.020; 6.17.030; 6.17.040; 6.17.050; 6.17.060; 6.17.070; 6.17.080; 6.17.090; AND 6.17.100. Staff Report: Raymond Bunk, Police Commander Public Comment — 3 minutes each 8. COUNCIL REPORTS 9. EXECUTIVE SESSION Property Acquisition Pursuant to RCW 42.30.110(1)(b) 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 OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting May 18, 2021 — 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 Council encourage you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER i'#»4Biel 410l V_144MF_1kiIN4 3. PRESENTATIONS a. Proclamation: Asian American/Pacific Islander (AAPI) Heritage Month — May 2021 b. Proclamation: Older American's Month — May 2021 c. Proclamation: Public Works Week — May 16-22 d. Proclamation: Police Week — May 17-21 e. Legislative Wrap-up: Senator Claire Wilson, Rep Jesse Johnson, Rep Jamila Taylor, and State Legislative Lobbyists Jim Hedrick and Luke Esser Mayor's Emerging Issues and Report • Covid-19 Update: Deputy Chief Kyle Sumpter, Acting Emergency Manager • Hazard Pay Grant Program Update: Steve McNey, Government Affairs Coordinator • Upcoming Community Events: MSC Crab Feed on June 5, Highline Forum on May 26 • Report on Recent Events: Farmer's Market — Shop Local Health and Fitness Fair (5/15); Shredding and Masks Event at the Commons (5/15); AWC and AOC Joint Webinar Presentation regarding the Independence of the Judiciary with Judge Robertson and Judge Fair (5/18) g. 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 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. 4. PUBLIC COMMENT Please email comments to COUNCIL(a)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: May 4, 2021 Regular and Special Meetings b. 2022 Asphalt Overlay Program Preliminary c. Greenway Pavement Markings Phase 2 (2021) Project Bid Award d. NTS Program Project: SW 340th St (19th Ave SW to Saghalie Park) e. Authorization to Lease SWM Parcel 2921049059 to James W. Fowler Co f. Award Concrete Sidewalk Beveling — Trip Hazard Removal Contract g. Resolution: Authorization to Accept Grant Funding for Transportation Improvement Project (Southwest King County Regional Trail Plan) h. Resolution Setting a Public Hearing Date for the 2022-27 Transportation Improvement Plan (June 15, 2021) i. Valley Communications Service Level Agreement for Emergency Communication Services 6. COUNCIL BUSINESS a. Climate Action Planning b. Senior Advisory Commission Appointment c. Ethics Board Appointments d. Arts Commission Appointment e. Lodging Tax Advisory Committee Appointment 7. ORDINANCES First Reading a. Council Bill #803/Ordinance: FWRC Chapter 4.05 Park Regulation Updates AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, UPDATING PARKS REGULATIONS; AMENDING FWRC 4.05.010, 4.05.020, 4.05.050, 4.05.060, 4.05.090, 4.05.100, 4.05.140, 4.05.250, 4.05.280, 4.05.300, 4.05.310, 4.05.330, 4.05.340, 4.05.350, 4.05.370, 4.05.370, 4.05.390, AND 4.05.400; REPEALING FWRC 4.05.160; AND ADDING NEW SECTIONS 4.05.045 AND 4.05.145 TO CHAPTER 4.05. (AMENDING ORDINANCE NOS. 91-82, 93-183, 01- 388, 01-396, 01-404, 02-428, 04-464, 06-530, 07-572, 09-593, 09-597, AND 09-617) Staff Report: Jason Gerwen, Deputy Parks Director Public Comment — 3 minutes each 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. Council Bill #804/Ordinance: Regulating Racing, Stunting and Unlawful Race Attendance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO UNLAWFUL STUNT DRIVING OR RACE ATTENDANCE; ADDING A NEW CHAPTER 6.17 TO THE FEDERAL WAY REVISED CODE INCLUDING NEW SECTIONS 6.17.010; 6.17.020; 6.17.030; 6.17.040; 6.17.050; 6.17.060; 6.17.070; 6.17.080; 6.17.090; AND 6.17.100. Staff Report: Raymond Bunk, Police Commander Public Comment — 3 minutes each 8. COUNCIL REPORTS 9. EXECUTIVE SESSION • Property Acquisition Pursuant to RCW 42.30.110(1)(b) iUW_11aL0111:1►1Ji1=1ZkI 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. ,z�& Federal Way PROCLAMATION "Asian American and Pacific Islander Heritage Month" WHEREAS, Asian and Pacific Islander American Heritage Month is observed during the month of May to recognize the contributions and influence. of Asian Americans and Pacific Islander Americans to the history, culture, and achievements of the United States; and WHEREAS, Federal Way, Washington is proud to be home to a large Asian American and Pacific Islander population that contributes greatly to the prosperity and enrichment of our City and region; and WHEREAS, Asian American and Pacific Islander men and women have made valuable contributions to all areas of life in our City, including government, business, arts and sciences, medicine, education, law enforcement, and the military; and WHEREAS, Asian American and Pacific Islander communities are deeply -rooted in both the United States and the State of Washington, reminding us of both proud and painful chapters of our history; and WHEREAS, diversity represents one of our greatest strengths, and by reco nizin� the contributions and accomplishments of Asian American and Pack I.sl�ander men and women, our greater community celebrates the importance of inclusion to building a brighter future for all of our citizens; and WHEREAS, the City of Federal Way is committed to providing lasting support to ensure that our City is equitable and welcoming to all people; and WHEREAS, the City of Federal Way is proud to celebrate Asian American and Pacific Islander Heritage Month, and commemorate the essential contributions, sacrifices, and accom�pMhments that Asian American and Pacific Islanders have made to our Nation, State, County, and of course our beautiful City; NOW THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim May 20121 as Asian American and Pacific Islander Heritage Month in our City, and we call this observance to the attention of all our residents. SIGNED this 18th day of May 2021 FEDER4L 1 AY11IAYOW AND CITI'COUNCIL azme?e Jim Ferrell, Mayor L a Assefa-D1*son, Councilmember Hoa�n, Councilmember Susan Honda, Council President Gregory 6.jr6so, Councilmember Leandra Craft, Councilmember M in A' Moore; touncflmember Linda Kochmar, Councilmember CITY OF ,::%�L Federal Way PROCLAMATION "Older Americans Month" WHEREAS, older Americans in Federal Way are present in all aspects of our lives: they are our parents, our grandparents, our teachers, our volunteers, our mentors, our neighbors and our co-workers; and WHEREAS, more than 10 million older Americans are serving as volunteers nationwide in various programs and projects that benefit every sector of society; and WHEREAS, in 2019 the City Council unanimously approved Ordinance 19-871 creating the city's first ever Senior Advisory Commission recognizing the value of engaging older Americans experience, knowledge, and viewpoint; and WHEREAS, the Senior Advisory Commission is comprised of Federal Way residents and includes nine voting members and three alternate members who serve three-year terms and are tasked with advising the City Council on important issues facing the senior population; and WHEREAS, we can best demonstrate our gratitude and esteem by fostering an environment in which our older Americans can lead useful and satisfying lives consistent with their capacities and find the encouragement, acceptance, assistance, and services they need; and WHEREAS, this population continues to enrich our daily lives providing a fine example of responsibility, resourcefulness, and determination; and NOW THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim May 2021 as Older American Month and call upon the people of the City of Federal Way to increase community awareness by giving recognition to the older Americans in their lives. SIGNED this 18th day of May 2021 FEDERAL WA MAYOR AND CITY COUNCIL Jim Ferrell, Mayor L a Assefa-D son, Councilmember Hoang V. Tran, Councilmember Martin A. Moore, touncilmernber I 1 Lt-:irk A Susan Honda, Council President Gfegq 'so, Councilmember Leandra Craft, Councilmember L�1�a Kochmar, Councilmember 40::�k Federal Way PROCLAMATION "Public Works Week " WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Federal Way, Washington; and WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees from state and local governments and the private sector, who are responsible for rebuilding, improving and protecting our city's transportation network, surface water and storm drainage, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, these same dedicated professionals manage and perform essential services including water supply and treatment, sanitary sewer collection and treatment, and solid waste and recycling collection; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in Federal Way, Washington to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities, and WHEREAS, the American Public Works Association has celebrated the annual National Public Works Week since 1960, NOW THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim the week of May 16-22, 2021 as "Public Works Week" in The City of Federal Way and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. SIGNED this 18th day of May 2021 IEDER9L IT -AY A[Al nR Awn c7T3-r0r7vcTr. !m Ferrell, Mayor L a Assefa-0 U son, Councilmember Hoang V. iran, Councilmember l� Martin A Moore, touncilmember j Susan Honda, Council President Gregory Uihiso, Councilmember Leandra Craft, Councilmember L !!n_=. Kcr_hmar.�Councilmemher CITY OF V::k� Federal Way PROCLAMATION "Police Week" WHEREAS, The Congress and President of the United States have designated May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as National Police Week; and; WHEREAS, the members of the Federal Way Police Department maintain an essential role in safeguarding the rights and freedoms of our residents; and WHEREAS, it is important all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agencies, and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the Federal Way Police Department has grown to be a modern and progressive law enforcement agency which unceasingly provides a vital public service; NOW THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim the week of May 17 - 21, 2021, as Police Week. We encourage all our residents and businesses to observe with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their City and State and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. SIGNED this 18th day of May 2021 FEDERAL WAYMAYOR AND CITY COUNCIL Ferrell, Mayor L a Assefs-D17 son, Councilmember Hoang raV TT n, Councilmember Marlin A. Moore, ❑uncilmember Susan Honda, Council President Greg y so, Councilmember Leandra Craft, Councilmember v— in a Kochmar Councilmember COUNCIL MEETING DATE: May 18, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM k 5c-r-- POLICY QUESTION: Should the City Council approve the draft minutes for the May 4, 2021 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the May 4, 2021 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: 01111=4 Committee Council InitiallDmc Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A 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: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 1kCIT vz�:� Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Remote Meeting May 4, 2021 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 5:02 p.m. 12M City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLIGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION a. Joint Use Maintenance Facility Update Public Works Director Desiree Winkler presented information regarding a city joint use facility for Parks and Public Works Maintenance Departments. In May 2020, the City Council authorized staff to proceed with planning for a new facility by identifying programming, cost estimating and site selection. The city hired Helix Architects to complete the study. Ms. Winkler noted the current facility and location is not sufficient for the size and function needed to support equipment and material access, and also has inadequate crew facilities. She noted the new facility will need security and asset protection; the current facility has had 17 break-ins over the last 3 years, which account for over $250,000 in equipment loss/damage and estimated over 600 crew hours lost. She provided a site layout to incorporate the needed programing for the facility. The study found the ideal site would be 10-11 acres on a flat site which could include the operations and maintenance building, shop, parking, and both covered and open storage. She also spoke to identifiable needs which could also include fleet maintenance, fueling, traffic signs, and traffic signals. Deputy Director Winkler provided information on other local jurisdictions who have similar maintenance facilities for either just their Public Works Departments (Renton and Yakima) or a Joint Use Facility (SeaTac and Kirkland). She also reviewed the base cost estimate for Federal Way City Council Special Minutes Page 1 of 2 May 4, 2021 design and permitting, onsite constructions costs and requirement frontage improvement costs (not including land acquisition costs). Ms. Winkler also provided financing options using available funding from SWM CIP Plan ($8M), additional SWM Funds ($4.75M), refinancing existing park bonds ($8M), and future streets bond ($11.2M). If the Council decided to incorporate additional programming as discussed previously there would be long-term cost savings for adding fuel and fleet maintenance operations to this facility. She provided the criteria for locating a property which would need to be centralized to the city either on existing city property, a single 10-11-acre parcel, or by combining multiple properties. Councilmembers thanked Ms. Winkler for her presentation and asked various questions including the possible value of the current maintenance facility land, concern over losing park property in the city, and the overall timeline for this project. 4. PUBLIC COMMENT No public comments were provided. 5. EXECUTIVE SESSION At 5:41 p.m. Mayor Ferrell announced the Council would recess into executive session for the purpose of discussing the sale or lease of property pursuant to RCW 42.30.110(1)(c) and property acquisition pursuant to RCW 42.30.110(1)(b) for approximately 40 minutes. ® Sale or Lease of Property pursuant to RCW 42.30.110 (1)(c) • Property Acquisition Pursuant to RCW 42.30.110(1)(b) 6. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:21 p.m. Attest: Stephanie Courtney City Clerk Approved by Council, - Federal Way City Council Special Minutes Page 2 of 2 May 4, 2021 CITY OF A%4 Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting May 4, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 6:32 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLIGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. State of the Court Judge David Larson and Judge Rebecca Robertson provided information on changes made in the Municipal Court to address social distancing and safety protocols due to COVID-19. Judge Larson overviewed the work being done in the courts to address mental health and addiction related issues. He introduced Mr. Winston Bell with Black Indigenous Growth Gatherers (BIGG) and Ms. Amy Pugsley with RI International who both spoke about referral, education, and wraparound support programs. He further invited State Representative Jamila Taylor who spoke regarding legislation and the Blake decision which legalized the possession of controlled substances. Councilmembers thanked the judges, Representative Taylor. and those who provided information. Judge Larson and Representative Taylor answered questions regarding the Blake decision and the possibility of a south county regional facility for addiction and recovery. b. Proclamation: Mental Health Awareness Month Council President Honda read and virtually presented the proclamation to Kimberley Brazier -Preston, Case Manager/Care Coordinator with Valley Cities Counseling and Consultation, who accepted and thanked the Mayor and Council. She also thanked Judge Larson and the court for their community partnerships. She noted due to COVID- Federal Way City Council Regular Minutes Page 1 of 7 May 4, 2021 19 there is a high demand for services and services have had to adapt. c. Proclamation: Physical Fitness and Sports Month Councilmember Tran read and virtually presented the proclamation to Kimberly and Ken DeMile from FW Fitness Studio and Leif Ellsworth, Manager of the Federal Way Community Center. They all thanked the Mayor and Council for this recognition and highlighted events and opportunities to get healthy and stay active. They invited everyone to the Federal Way Farmer's Market on May 15 for a great fitness event. d. Proclamation: Neurofibromatosis Awareness Month Councilmember Kochmar read and presented the proclamation to Federal Way residents Becky and Dan Vacanti on behalf of their daughter Ashley who was born with Neurofibromatosis. Mr. and Ms. Vacanti thanked the Mayor and Council and provided information regarding this genetic disorder of the nervous system. e. American Rescue Plan Act (ARPA) Economic Development Director Tim Johnson provided information on the known details of the Act, stating guidance has yet to be distributed from the federal government. Council thanked Mr. Johnson and asked for a study session or special meeting in the near future to discuss the details. f. Mayor's Emerging Issues and Report • COVID-19/King County Phase Update Mayor Ferrell noted Deputy Chief Kyle Sumpter will be acting Emergency Manager while Ray Gross is on medical leave. Chief Sumpter noted the State is currently on pause to see if the numbers will start trending back down before the Governor moves phases. He acknowledged the frustration felt across the country as different states follow different rules and guidelines. He suggested the "Big 5 to Stay Alive" which includes wearing face coverings, social distancing, washing hands often, remote and telephonic meetings; and getting a vaccine. He noted currently 54% of Washingtonians have received at least one dose. • Needle Exchange Working Group Mayor Ferrell thanked Council President Honda for her leadership and for Chairing the meetings and provided information regarding the working group. He noted they have met three (3) times and he reiterated the needle exchange program is legal per the State Courts. It is run by the King County Board of Health and the Council is unable to act to prohibit the program. He looks forward to speaking again with Director Patty Hayes regarding the working group recommendations. Council President Honda noted the group would like to continue to meet, however it does not appear additional meetings would result in different viewpoints or desired outcomes. She appreciates everyone who worked on this issue and for the time they have taken to give their thoughtful participation. Federal Way City Council Regular Minutes Page 2 of 7 May 4, 2021 • Report on Recent Events Mayor Ferrell reported on the Federal Way Farmer's Market Opening Day at their new location on May 1; the African American/Black Community Quarterly Meeting held on April 21; the Business Resiliency Task Force Meeting on April 22; and the Community Continuity Task Force on April 23. All meetings were held remotely over Zoom. g. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar noted the next meeting of the committee will be May 11 at 5:00 p.m. and reviewed the agenda items. Land Use/Transportation Committee (LUTC): Chair Baruso reported on the recent committee meeting which forwarded items to the May 15 Council meeting. He noted the next committee meeting will be June 7 at 5:00 p.m. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported the next meeting of this committee will be May 25 on Zoom. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson provided information specific to job loss in the tourism industry. The next meeting will be May 12 at 10:00 a.m. Regional Committees Report (PIC): Councilmember Moore reported there will not be a meeting in May. Council President Report: Council President Honda acknowledged Asian American and Pacific Islander Heritage Month she noted upcoming meetings including Coffee with Council on May 19. She encouraged residents to visit the Council Facebook page for updates, information, and ways to contact the Councilmembers. She also directed citizens to a Sound Transit survey which is open until May 10 and is focused on design elements of the Federal Way Transit Station. 4. PUBLIC COMMENT Stephanie Taylor stated that homelessness and youth services are the biggest areas of need in Federal Way and her belief addiction is a result of certain needs not being met. Sonya Watkins shared her struggles of being in jail and losing Section 8 Housing. Mayor Ferrell connected her with Policy Advisor Bill Vadino to assist with her housing complications. Zachary Tolley spoke in support of the current needle exchange program and the importance of public health. Anna Patick spoke against the needle exchange program sharing her observations of the effects this program is having on Federal Way. She feels this program helps drug addicts instead of treating the symptoms of their addiction and providing resources. Ken Blevens spoke in opposition to the needle exchange program. Federal Way City Council Regular Minutes Page 3 of 7 May 4, 2021 Naomi Smith shared her belief drug addiction is not a choice and questioned criminal tactics being used to try and help eradicate drug use. Letter from Grace Lubrano read into the record by the City Clerk expressed opposition to the needle exchange program. 5. CONSENT AGENDA a. Minutes: April 20, 2021 Regular and Special Meetings b. Monthly Financial Report — March 2021 c. Accounts Payable Vouchers 03/16/2021 — 04/15/2021 & Payroll Vouchers 03/01 /2021-03/31 /2021 d. Dump Truck Replacement COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH D ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 6. ORDINANCES Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes First Reading a. Council Bill #802/Ordinance Creating Hazard Pay requirements for Grocery Workers during the COVID-19 Emergency/APPROVED ORD. #21-912 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO HAZARD PAY FOR GROCERY WORKERS IN RESPONSE TO THE EMERGENCY SITUATION CREATED BY COVID-19. Steve McNey, Communications and Government Relations provided a presentation regarding the Mayor's Plan to address hazard pay for grocery workers. The proposed ordinance would apply to all stores with more than 2,500 square feet of retail space that have 25% or more of their floor space dedicated to selling grocery items. Those stores will be required to pay a total of $2.50 additional per hour (unless already paying $2.50 or more per hour independently of this ordinance) to non - executive level employees with the exception of delivery truck drivers. This ordinance, if passed, will become effective May 15 and continue for a minimum of 90 days. Mr. McNey reported the Mayor's plan allows for stores between 2,500 and 10,000 square feet to apply for grant funds under the yet -to -be established "City of Federal Way Small Grocery Hazard Pay Grant" program to cover hazard pay. Public Comments: Hol€y_Chisa, on behalf of NW Grocer Association, thanked the city for hearing the grocer concerns and stated her opposition to the proposed ordinance. Cindy Wilbur spoke in support for hazard pay for grocery workers and shared her Federal Way City Council Regular Minutes Page 4 of 7 May 4, 2021 experiences in working in the grocery industry for the last year. Christopher Navarrette is a grocery worker and spoke in support of implementing hazard pay similar to other jurisdictions in the Puget Sound region. Charles Brown spoke on behalf of grocery stores in Federal Way. He is in opposition of ordinance and feels it conflicts with collective bargaining where the management bargains in good faith with the unions. He requested the hazard pay be connected to vaccinations for employees and is also concerned with requiring the store management to enforce a mask mandate which is not currently being enforced by the Police Department. Councilmembers thanked Mr. McNey for the presentation and inquired on the legality of requiring vaccines of grocery workers and if the requirement for management to enforce the mask mandate could be removed or amended. Councilmember Baruso thanked those who spoke to this ordinance and noted he would like to see the per hour increased, referencing other jurisdictions requiring an additional $4.00 per hour. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE ORDINANCE AMENDING THE PER HOUR AMOUNT TO $3.00 PER HOUR; COUNCILMEMBER ASSEFA-DAWSON SECOND. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MOTION TO STRIKE SECTION 7 OF THE PROPOSED ORDINANCE IN ITS ENTIRETY. The amendment died for lack of a second. COUNCILMEMBER KOCHMAR MOVED TO AMEND SECTION 7 TO STRIKE "THAT MASK REQUIREMENTS IN PUBLIC ARE ALWAYS ENFORCED" AND REPLACE WITH "THAT EMPLOYERS MAKE ALL REASONALBLE EFFORTS TO ENFORCE MASK MANDATE REQUIREMENTS"; COUNCIL PRESIDENT HONDA SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Point of order: The Council needed to make a motion to suspend Council rules to allow first and second reading in the same meeting, as well as the City Clerk reading the ordinance title into the record. With no objections noted, Mayor Ferrell set aside the main motion as amended. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULE 2.2(H) TO ALLOW FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; COUNCILMERMBER MOORE SECOND. Council President Honda requested information regarding waiving this rule. City Attorney Call noted this is a self-imposed rule set out in the Council Rules of Procedure which allows for a first and second reading of ordinances; therefore, they are waiving their own rule. If approved, the ordinance effective date is May 15. Federal Way City Council Regular Minutes Page 5 of 7 May 4, 2021 Council President Honda shared her concern asking if all impacted stores have been contacted and are aware. With the enactment being done in a single meeting she believed there might be employers who have not been notified. Mr. McNey confirmed he has been working with the two industries (grocers and unions) and this is the most comprehensive program in the state. Motion to waive Council rule 2.2(h): Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Councilmember Tran asked Councilmember Baruso to clarify the reasoning behind increasing the amount from $2.50 to $3.00. Councilmember Baruso feels $3.00 is a mid -range amount and good compromise. COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULES TO ALLOW THE MEETING TO CONTINUE PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Councilmembers continued to debate this item stating concerns of manipulating the market by randomly picking a per hour requirement businesses must pay, instead of giving assistance to make the workplace safer. Additional concerns were related to grocery stores which have left Federal Way previously and those that have closed in other jurisdictions where hazard pay was enacted. Members of Council also voiced concern over requiring employers to pay for this increase before the ARPA funds for the city grant program has been established. Councilmembers also voiced support for hazard pay for grocery workers who are risking personal safety in the public. Additional support of this ordinance noted the increase could offset increased costs essential workers have experienced including cost of PPE, health care costs, and childcare costs. COUNCILMEMBER BARUSO CALLED THE QUESTION. The motion failed 2-5 as follows: Council President Honda no Councilmember Craft no CouncilmemberAssefa-Dawson no Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar no Councilmember Tran no Debate continued. In response to questions regarding the American Rescue Plan Act (ARPA) Funds, City Attorney Call clarified hazard pay for essential workers (such as grocery workers) is specifically addressed in the Act as a qualifying expense. He also agreed the grocers who may qualify for the city grant will first need to cover the costs of hazard pay until the grant program is up and running. Federal Way City Council Regular Minutes Page 6 of 7 May 4, 2021 Main motion, as amended passed 5-2 as follows. Council President Honda no Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar no Councilmember Tran yes 7. COUNCIL REPORTS Councilmember Assefa-Dawson wished everyone a Happy Cinco de Mayo. Councilmember Baruso acknowledged Teacher and Nurses Week and thanked those who do these important jobs. Councilmember Tran wished a Happy Mother's Day to all mothers. Councilmember Craft provided no report this evening. Councilmember Moore thanked the councilmembers who voted in favor of the ordinance. He noted the state legislature allocated $1 million towards Camp Kilworth and he is eager to see what will be done with those funds. He recognized the citizen input regarding current issues and encouraged it to continue. Councilmember Kochmar missed the Farmer's Market and is looking forward to attending this upcoming weekend. Council President Honda encouraged safe social distancing practices as Cinco de Mayo is celebrated. She acknowledged Boys' Day (May 5) and Girls' Day (March 3) in Japan which she and her children have always celebrated. On May 8 the Federal Way Chorale will have a free concert on Zoom. She closed her report noting her vote on the ordinance reflected her desire to not limit the recognition to one class of workers noting other retail workers as one example. 8. EXECUTIVE SESSION Property• _ needed 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:56 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 May 4, 2021 COUNCIL MEETING DATE: May 18, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: 2022 ASPHALT OVERLAY PROGRAM PRELIMINARY PROJECT LIST AND AUTHORIZATION TO BID POLICY QUESTION: Should Council approve the 2022 Asphalt Overlay Program Preliminary Project List and authorize staff to proceed with the design and bidding of the proposed 2022 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 3, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT_ BY: John Cole, ital Fn Meer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 3, 2021. Options Considered: 1. Approve the list of streets for the 2022 Asphalt Overlay Project as presented and authorize staff to bid the 2022 Asphalt Overlay Project, returning for authorization to award the project within the available 2022 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 18, 2021 City Council Consent Agenda for approval. r MAYOR APPROVAL: DIRECTOR APPROVAL:ie /fir` ` Q6/2021 Cv tt= punCi % f lniunflpa�e Initial/Date lnitiau COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the May 18, 2021 City Council consent agenda for approval. V1c� �� t/l T'�-r �✓tCC� 1J I �- T�1�' L'Dtrl-��L�'rr1L C ✓ I � `�V�C�CT� ✓l��f �✓cC� Greg Baruso, Committee Martin Moore, Committee Hoang Tran, Committee Chair Member Member PROPOSED COUNCIL MOTION: "I move to approve the list of streets for the 2022 Asphalt Overlay Project as presented and authorize staff to bid the 2022 Asphalt Overlay Project, returning for authorization to award the project within the available 2022 Asphalt Overlay Budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # 0 DENIED 11 reading © TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED-12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 3, 2021 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Cole, Capital Engineer SUBJECT: 2022 Asphalt Overlay Program Preliminary Project List and Authorization to Bid FINANCIAL IMPACTS: The cost to the City for the 2022 Asphalt Overlay Program is 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), SWM Transfer, Carry forward from 2021 Overlay, 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 2022 Asphalt Overlay Program. The available budget for the 2022 Asphalt Overlay Project is $3,578,600 and is comprised of the following: • Arterial Program REET and MVET (Fund 102) $1,456,000 • Residential and Arterial Program (70/30) Solid Waste Utility Tax $2,000,000 • SWM Transfer $ 50,000 • Carry Forward from 2021 Overlay (ESTIMATED) $ 72,000 • TOTAL FUNDING AVAILABLE $3,578,600 The Residential and Arterial Program is new for year starting in 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 2022 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. K:\CAPITAL PROJECTS\Programmed\522 - Overlay 2022\08 LUTC & COUNCIL\APPROVAL TO BID ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the 2021 Overlay Program low bid: SCHEDULE DESCRIPTION AMOUNT Arterial Program A S 373rd St (Pacific Hwy S to 120' Ave S) $540,000 B 16th Ave S (S 356' to second round about) $300,000 Residential and Arterial Program C S 336th St (18th Ave S to Weyerhaeuser Way S) $786,000 D SW 329`h St (Green Gables Neighborhood) $902,000 E 201h Ave S (S 288th St to S 280`' PI) $550,00 F SW 308th St $427,000 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $3,505,000 Construction Contingency (5%) $ 175,000 In-house Design $ 192,000 Construction Administration and Inspection $ 160,000 ESTIMATED TOTAL PROGRAM COST.- $4,032,000 The estimated cost of $4,032,000 is a preliminary figure used for estimating purposes only and includes construction administration, in-house design and construction management, printing and advertising. The 2022 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 2022, with construction beginning in April 2022. K:\CAPITAL PROJECTS\Programmed\522 - Overlay 2022\08 LUTC & COUNCL\APPROVAL TO BID ICity of Federal Way 60..w�r�wYy 2022 Asphalt Overlay Schedule ,EK..� Legend 2022 Overlay Sandule R E Puget Sound 'F 0- a r - D— de vgyr g Ix r •1 ®y • t _ , FesNvl .............. ----•• ------ ..._...__—�.._�---...�. .. FAi+wvu4 0 0"25 0.5 , M o . . Federal 7ay Mlle sb . , ..w KACAPITAL PROJECTS\Programmed1522 - Overlay 2022\08 LUTC & COUNCIL\APPROVAL TO BID 2022 Federal Way Overlay - Schedule A T d� Ni I, `� > Q 72 s Q S 37-1ST _ P S 376 ST Map Date: 112021. This map is accompanied by NO warranties. The streets that comprise this schedule are subject to change. 0 250 500 Feet " I I I KICAPITAL PROJECTS\Programmed\522 - Overlay2022\08 LUTC & COCJNCIL\APPROVAL TO BID 2022 Federal Way Overlay - Schedule B U z w S� s� S 356 ST 1 cra Q r S 359 ST Q) J J N CN •. r S 3iz. y Cn S J a 362 N r'o CT u� 367 -� a C ' N S 364 ST S 364 WY KWAKI(i a SUQUAMISH CT ,— �Up1 K G Map Date: 112021. This map is accompanied by NO warranties. + 0 250 500 Feet The streets that comprise this schedule are subject to change. N I Ii KACAPITAL PROJECTS\Programmed\522 - Overlay 2022\08 LUTC & COUNCIL\APPROVAL TO BID 2022 Federal Way Overlay - Schedule C S 330 ST N z d Q J N a� ti oD S 331 ST > > S 333 ST C/) Co 00 z e— J S 354 v� LN a S340ST S 331 L N ¢ cedw d CV Grove N S 333 ST Park Q 0 N S 341 ST A Z N N S 336 ST S 341 ST Map Date: 1/2021. This map is accompanied by NO warranties. The streets that comprise this schedule are subject to change. �3 CO 0 250 500 Feet N I i I KACAPITAL PROJECTS\Programmed\522 - Overlay 2022\08 LUTC & COUNCIL\APPROVAL TO BID 2022 Federal Way Overlay - Schedule D Dash Point State Park Dash Painl Highlands Park t9 Dash Paints 321 . State ParkIT v 14 C_ 3f 2 a U7 Q S I .324 PL � O L`7 SW ,J5 PL 326 � PL J []_ _ S'A 327 PL Map Date: V2021 • This map is accompanied by NO warranties. The streets that comprise this schedule are subject to change - Sw'2'3 0�j, Lea �7 S L 't, 'x SVV ,327 ST 327 PL E 328 PL y. CK O rn AJ S71�r 0A � 330 S�111 CT 4 330 CT Cq tq p Tacoma rP 7 7 _✓ 0 250 'SM Feet "' I I 1 KICAPITAL PROJECTS\Pro-rammcd\_522 - Overlay 2022\08 LUTC & COUNCIL\APPROVAL TO BID 2022 Federal Way Overlay - Schedule E S 2� 0 S a_ 282 Cn PL 283 ST C/) S 284 LN Q 00 S 285 PL Q S 286 LN EE a N S 280 PL 280 281 ST 282 282 ST ST S 282 283ST N S 280 PL Y N Heritage Woods Park S f4g3 P� PL T $N' S 284 84 P\- s C'9 ST I CO & r- C S284PL0 S 285 ST S 286 ST D S 285 S < S 286 F N N Q S 287 ST 287 PL N Q S288ST Map Date; 312021, This map is accompanied by NO warranties. The streets that comprise this schedule are subject to change. �y 0 250 500 Feet K \CAPITAL PROJECTS\Prorammed\522 - Overlay 2022\08 LUTC & COUNCIL\APPROVAL TO BID 2022 Federal Way Overlay - Schedule F 306 ST C/) U) C/) U _ � S�VQ Q � 307 ST 00 r*- a- cfl co Qv SW 307 SW 308 ST ST r 0 SW 308 ST SW cn C/) U) cn U) 309 Q Q -' P L Q Lake 310 ST SW oGrove 00 Park 310 SW a 310 W U) ST Q SW T' c� 311Ut;T r r sport courts 3 ST 3: o o- co 4 N� F- � Mirrot- T P �' U CD Q Lake h i if [ J'1 J J rti l U J Map Date: 3/2021. This map is accompanied by NO warranties. 0 250 500 Feet The streets that comprise this schedule are subject to change. N K \CAPITAL PROJECTS\Programmed\522 - Overlay 2022\08 LUTC & COUNCIL\APPROVAL TO BID COUNCIL MEETING DATE: May 18, 2021 ITEM #: 5 C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GREENWAY PAVEMENT MARKINGS PHASE 2 (2021) PROJECT BID AWARD AND AUTHORIZATION FOR FUND TRANSFER POLICY QUESTION: Should City Council award the Greenway Pavement Markings Phase 2 (2021) Project to the responsive, responsible bidder and authorize $40,000 to be transferred from Fund 306 (Transportation Capital Fund) Unallocated Revenue to Project 220. COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 3, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated May 3, 2021. Options Considered: 1. Award all schedules of the Greenway Pavement Markings Phase 2 (2021) Project to Northwest Traffic, Inc., the lowest responsive, responsible bidder, in the amount of $240,040.00 and approve a 5% contingency of $12,002.00 for a total of $252,042.00 and authorize the Mayor to execute the contract, and authorize $40,000 to be transferred from Fund 306 (Transportation Capital Fund) Unallocated Revenue to Project 220. 2. Reject all bids for the Greenway Pavement Markings Phase 2 (2021) Project and direct staff to rebid the project and return to Committee for further action, and reject the Fund 306 Unallocated transfer. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the May 18, 2021 Council Consent Agenda for approval. MAYOR APPROVAL: 7 / DIRECTOR APPROVAL: �,/f 2 �^ 4/26/2021 Cu mince COU66f Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the May 18, 2021 consent agenda for approval. tl I �P�\-e-e— Vt� f r (�C �-_ i/ 4 G` +2 O Ih� r i c'' of V l_C- Greg Baruso, Committee Chair Martin Moore, Committee Member Hoan3, Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the Greenway Pavement Marking Phase 2 (2021) Project to Northwest Traffic, Inc., the lowest responsive, responsible bidder, in the amount of $240, 040.00 and approve a 5% contingency of $12, 002.00 for a total of $252, 042.00 and authorize the Mayor to execute the contract, and authorize $40,000 to be transferred from Fund 306 (Transportation Capital Fund) Unallocated Revenue to Project 220. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 3, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: Greenway Pavement Markings Phase 2 (2021) Project Bid Award and Authorization for fund transfer Financial Impacts: The cost to the City for Greenway Pavement Markings Phase 2 (2021) Project was included within the approved budget under the Public Works Department, Capital Projects 306 Fund, Project #220. 306 Fund Unallocated Revenue is comprised of REET, MVET, and Traffic Impact Fees that may only be used for transportation capital project funding. Staff is requesting authorization of $40,000 to be transferred from Fund 306 (Transportation Capital Fund) Unallocated Revenue to Project 220. In accordance with the approved budget, this item is funded by motor vehicle fuel tax revenue. Upon completion of this 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: Five bids were received and opened on April 15, 2021 for the Greenway Pavement Marking Phase 2 (2021) Project. The lowest responsive, responsible bidder is Northwest Traffic, Inc. with a total bid of $240,040.00. Pro iect Estimated Expenditures Construction Cost $ 240,040 5% Construction Contingency $ 12,002 Design (by City Staff) $ 3,000 Construction Management (by Ci SLaffl `fi 214.958 Estimated Total Project Costs $ 284,000 Proiect Available Fun MVET $ 200,000 Carry Forward 2021 $ 44,000 Transfer from Fund 306 Unallocated $ 40,000 Total Available Budget $ 284,000 Construction is anticipated to start in June 2021 with an estimated substantial completion date in September 2021. Rev. 6/2020 COUNCIL MEETING DATE: May 18, 2021 ITEM #: 5 d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Silver Lake '19 NTS — SW 340th St (191h Ave SW to Saghalie Park) POLICY QUESTION: Should Council authorize the installation of two (2) speed humps on SW 3401 St between 19'h Ave SW and Saghalie Park in 2021, OR the installation of two (2) speed bumps on SW 340' St between 191h Ave SW and Saghalie Park and a traffic circle (with chicanes) at the intersection of SW 340' St and 19" Ave SW in 20111 COMMITTEE: Land Use & Transportation Committee MEETING D4 E.: May 3, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Kennedy, Sr. Traffic Engineer _ DEPT: Public Works Attachments: 1. Staff Report Memo 2. Maps of Proposed Options (Option 1 and Option 3) Options Considered: 1. Approve the proposed installation of two (2) speed humps on SW 340" St between 19" Ave SW and Saghalie Park and a traffic circle (with chicanes) at the intersection of SW 3401h St SW and 191h Ave SW in 2021. 2. Do not approve proposed installation of two (2) speed humps on SW 34011 St between 19" Ave SW and Saghalie Park and a traffic circle (with chicanes) at the intersection of SW 340" St SW and 19" Ave SW and provide direction to staff. 3. Approve the proposed installation of two (2) speed humps on SW 3401h St between 1911 Ave SW and Saghalie Park in 2021, and the installation of a traffic circle (with chicanes) at intersection of SW 34011 St SW and 1911 Ave SW in 2022. MAYOR'S RECOMMENDATION: Option 3, Installation of two (2) speed humps on SW 340" St between 19" Ave SW and Saghalie Park in 2021, and the installation of a traffic circle (with chicanes) at intersection of SW 340' St SW and 19th Ave SW in 2022. _ MAYOR APPROVAL: _ + �'/ c� % /DIRECTOR APPROVAL: ��`` LZ ummiI1 C� ncJ Iaet 9mate IniNalmaie Iniiial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Option 3 to the May 18,12021 consent agenda for approval. lfl0. ��ift' 0-0V1 �'+ eLr-r- 0 bf ✓lr,— C 6-1L'e— VI C.' � 'Q c8 vl-rer` L4 C 2 Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tranj Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Option 3, installation two (2) speed humps on SW 3401h St between 19'" Ave SW and Saghalie Park in 2021, and the proposed installation +f a traffic circle (with chicanes) at intersection of SW 340" St SW and 19' Ave SW in 2022. " (BELOW TO BE COMPLETED BY CITY CLERK IS OFFICE) COUNCIL ACTION: © APPROVED COUNCIL BILL # 0 DENIED First reading 11 TABLED/DEFERRED/NO ACTION Enactment readino © MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 3, 2021 - TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jason Kennedy, Senior Traffic Engineer SUBJECT: Silver Lake ' 19 NTS — SW 3401h St (190h Ave SW to Saghalie Park) Financial Impacts: This project is part of the Neighborhood Traffic Safety (NTS) Program. In accordance with the approved budget this project is funded by the Streets Fund. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Streets and Traffic Division maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. The currently allocated NTS budget is $50,000 per year with $20,000 designated specifically for school NTS and/or school safety related improvements. Currently, one (1) NTS project is currently being constructed in 2021 with an estimated cost of $15,400, leaving an NTS budget balance of around $34,600 for 2021. The total estimated cost of the proposed project at SW 340th Street between 19th Ave SW and Saghalie Park is approximately $30,500 which exceeds the $15,000 per neighborhood per year budget limitation policy guideline. Background Information: Residents along SW 340th St submitted a petition on May 18, 2019, requesting traffic calming devices to control vehicle speeds along SW 340th St between 19' Ave SW and Saghalie Park. SW 34011, St is classified as a Minor Collector with a posted speed limit of 25 mph. Traffic studies were conducted in June/July of 2019, and the results are as follows: 85% Daily Park or # of 5 yr. # of 5 yr. Total Street Speed Traffic School Collisions Injury/Fatal Score (mph) Collisions SW 340th St c/o 19th Ave SW 38.3 1,987 Yes 0 0 - I (Minor Collector Street 25m h Points Scored 3.0 1 1.0 1 0.5 1 0 1 0 4.5 Based on the current adopted NTS installation criteria (per table below), the petition scored 4.5 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Rev. 6/2020 May 3, 2021 Land Use and Transportation Committee Silver Lake '19 NTS — SW 340tl St (19th Ave SW to Saghalie Park) Page 2 Minor Collector Street NTS Criteria Point Scale 85th Percentile Seed Average Daily Traffic ADT Location School/Park 5-Year CollisionHistory__ Total Injury Fatal 0.0 0 - 25 0 - 1,000 No 1 - - - 0.5 26 - 27 1,001 — 1,800 Yes 2 - 1.0 1 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 - 5,000 - 6 - - 3.0 36+ 5, 001 + - 7+ 3+ 2+ A neighborhood traffic safety meeting was held virtually via Zoom on February 3, 2021. Participants included residents and staff from the City's Traffic Division, Federal Way Public Schools, and South King County Fire/Rescue. The 9 resident attendees all agreed that reducing speeding and cut -through traffic along SW 3401h Street, as well as reducing other unsafe driving behavior at the intersection of SW 3401h St / 191h Ave SW was a priority. A few attendees also expressed concerns about students crossing the street at the intersection to get to/from school. Although all options and traffic calming tools were considered, Speed Humps and Traffic Circles/Chicanes were the most popular option. Proposal: Based on these concerns, Options 1 and 3 (below) was developed to slow vehicles and discourage other unsafe driving behavior along SW 340th St and 19th Ave SW. With the reduced vehicle speeds provided by the speed humps and traffic circle (with chicanes), the safety of the neighborhood should be greatly improved for motorists, cyclists, and pedestrians. Option I —Two (2) Speed Humps and One (1) Traffic Circle (with chicanes) in 2021 This option would install a total of two (2) speed humps and one (1) traffic circle (with chicanes). The two speed humps would be installed on SW 340th St east of the intersection with 19' Ave SW, as shown on the attached figure. An effort was made to space the speed humps as evenly as possible between the proposed traffic circle (with chicanes) and existing speed hump at 1419 SW 340' St. The humps are located to avoid directly impacting driveways and mailbox delivery and will be located at the marked locations near (or between) the following addresses: • 1515 SW 340th St ■ 1707 SW 340'h St The traffic circle (with chicanes) would replace the partial stop control at the intersection of SW 340th St / 19t1, Ave SW. The proposed devices should be effective in reducing vehicle speeds, and improving vehicular and pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience and perhaps a slight increase in emergency response time. Option 2 — No Action This option would not build any traffic calming devices and the street(s) would remain in its current condition. Option 3 —Two (2) Speed Humps in 2021; One (1) Traffic Circle (with chicanes) in 2022 This option would install a total of two (2) speed humps in 2021 and one (1) traffic circle (with chicanes) in 2022. The two speed humps would be installed on SW 3401h St east of the intersection with 19' Ave SW, as May 3, 2021 Land Use and Transportation Committee Silver Lake '19 NTS — SW 340' St (191' Ave SW to Saghalie Park) Page 3 shown on the attached figure. An effort was made to space the speed humps as evenly as possible between the intersection and existing speed hump at 1419 SW 340' St. The humps are located to avoid directly impacting driveways and mailbox delivery and will be located at the marked locations near (or between) the following addresses: 1515 SW 340th St • 1707 SW 340th St The traffic circle (with chicanes) would replace the partial stop control at the intersection of SW 3401h St / 191 Ave SW. The proposed devices should be effective in reducing vehicle speeds, and improving vehicular and pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience and perhaps a slight increase in emergency response time. Advisory Ballot In accordance with established NTS policies, City staff sent a total of 37 ballots to residential occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the complete ballot results for the 19 ballots received (51% return rate): 2019 Silver Lake NTS Ballot Results SW 340th St (19th Ave SW to Saghalie Park) Option Description Total Percent 1 Two (2) Speed Humps and One (1) Traffic Circle (with Chicanes) 17 89% 2 No Action 2 11 % 19 The Traffic Division staff proposal is in accordance with the balloting results, NTS policy limits, and residents' priorities and therefore is recommending Option 3. The proposed locations for the speed humps have been marked on the street. The proposed package should be effective in reducing speeds along SW 3401h St and should also reduce cut -through traffic. However, there may be some negative impacts to the neighborhood including inconvenience and a slight increase in emergency response time. cc: Project File Day File encl: Map of Option 1 Map of Option 3 At a ! L - X Q N O N C N C U_ t S _(U U L U U l6 L l� cu c 0 OU N 0- E M N C) Q � N N 0 0- O 4- 0 0 n O 5 '-R COUNCIL MEETING DATE: May 18, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5 e SUBJECT: AUTHORIZATION TO LEASE SWM PARCEL #2921049059 TO JAMES W FOWLER CO POLICY QUESTION: Should City Council authorize the lease of SWM Parcel #2921049059 to James W. Fowler Co? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 3, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑. Other STAFF REPORT BY:Theresa Thurlow, Surface Water Division Manager r* _DEPT: Public Works Department Attachments: 1. Staff Report 2. Authorization to lease SWM parcel #2921049059 to James W Fowler Co 3. Attachments — Exhibit A, 3591h parcel location map Options Considered: 1. Authorize the lease of SWM Parcel #2921049059 to James W Fowler Co. 2. Do not authorize the lease of SWM Parcel #2921049059. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: r , T 7 { r DIRECTOR APPROVAL: 4/26/2021 Cu m ttcc Co wil Initial/Date 17 lniriallDatc Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed authorization to lease SWM parcel 42921049059 to James W Fowler Co. to the May 18, 2021 consent agenda for approval. V1 C,- �-P��C��J✓��f'Y�1�CE� ✓I w ��'COtn��v�CC i -i_.i- C?G✓1 rl� act Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed authorization to lease SWM parcel 42921049059 to James W Fowler Co." (BELOW" TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED-11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM - - - -- -DATE: - -May 3, 2021 - - -- TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Department Director Theresa Thurlow, P-E., Surface Water Division Manager apt SUBJECT: Authorization to lease SWM Parcel #2921049059 to James W. Fowler Co Financial Impacts: The revenue to the City for leasing of SWM Parcel #2921049059 is estimated to be $12,125.00 and will be credited to the Public Works Department Surface Water Management fund, budget line 401-0000-000-362-00-000. Upon completion of the lease, there will be no future costs. Background Information: Surface Water Management Division owns a parcel in the City of Federal Way located on the south side of S 359th Street legally described as King County Parcel #291049059, see attached map. SWM Staff were contacted by Lakehaven Water and Sewer District requesting use of this SWM parcel for a laydown area during the construction of a pump station and associated waterline. Lakehaven's contractor, James W. Fowler would lease the S 359th SWM parcel from signed lease date through May 2022. The lease would allow for an extension with notice given to the SWM Division Manager no later than April 30, 2022. SWM has leased property for similar purposes in the past. The proposed lease amount of $1,000/month was based on a survey of area general contractors to determine the average cost of similar lay down areas as well as leases of City parcels by other Departments. SWM staff requests authorization to enter into a temporary lease of SWM Parcel 291049059 at $1,000/month for a period of one year with an option for an extension to James W. Fowler Co. Rev. 6/2020 359th SWM S 356-Tll� Parcel 1 inch = 59 feet Site 4� 8 359TH Y S 359TIi ST ` Total Cleared Space = 42,164 SF W2, .',� .. yam- •1 * � �.:.- - 3 71 Potential Usable Area = 10,000 SF d - WetlandsTyp.` Total Site Area = 101,373 SF n •�.. #• 2 - •.T a COUNCIL MEETING DATE: May 18, 2021 ITEM #: 5f . . . . . . ............. . ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AWARD CONCRETE BEVELING SERVICES — TRIP HAZARD REMOVAL CONTRACT POLICY QUESTION: Should city council award the Concrete Beveling — Trip Hazard Removal Contract to the lowest responsive, responsible, bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 3, 2021 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler,.P.E., Deputy Director : Public Works Attachments: 1. Staff Report 2. Bid Proposal Options Considered: 1. Award the Concrete Beveling — Trip Hazard Removal contract to Precision Concrete Cutting, Inc., the lowest responsive, responsible bidder, in the amount of $100,000.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the Concrete Beveling — Trip Hazard Removal contract provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: / DIRECTOR APPROVAL: mtial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the May 18, 2021 consent agenda for approval. Vim V« VtC-- YP�C2e0v`��trevt�� Greg Baruso, Committee Chair f Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to award the Concrete Beveling — Trip Hazard Removal Contract to Precision Concrete Cutting, Inc., the lowest responsive, responsible bidder, in the amount of $100, 000.00 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 3, 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Desiree S. Winkler, P.E., Deputy Public Wo irector SUBJECT: Award Concrete Beveling Services — Trip Hazard Removal Contract FINANCIAL LWACTS: Funding for the Concrete Beveling Services — Trip Hazard Removal contract is included in the Streets Maintenance fund (101) budget for 2021/2022. Streets maintenance funding consists of general funds (utility tax, sales tax, property tax, etc.) and Motor Vehicle Excise Tax (MVET). BACKGROUND INFORMATION: The city is responsible for sidewalk maintenance. The city has on -going maintenance related to uneven sidewalk surfaces that create trip hazards. These trip hazards are primarily a result of tree roots heaving the panels. One way to correct these trip hazards is to saw or grind the "high" side of the panel to be even with the adjacent panel. From the inspections conducted as part of our Americans with Disabilities Act (ADA) Transition Plan, we estimate over $200,000 of trip hazard removal back log on our arterial sidewalk system. Although city staff has the capabilities of completing this type of work, and will continue to do so, the backlog is too much and the assistance of a contractor is needed. The city is prioritizing the arterials in areas of highest pedestrian usage. The city requested bids from all small works contractors listed under "Concrete Sidewalk — Trip Hazard Removal" category. One bid was received. Precision Concrete Cutting, Inc. is the lowest, responsive, responsible bidder. The public works maintenance contract will be for a not -to -exceed amount of $100,000.00 (approximately $50,000 per year for 2021 and 2022). Scope and schedule will be agreed upon via task orders with work completed no later than December 31, 2022. Attachment B BID FORM CITY OF FEDERAL WAY Concrete Sidewalk Beveling — Trip Hazard Removal Contract (RFB #21-004) BID FORM Bidder: C,06LML 4fADate: Item # Description Est. Qty. Unit of Measurement Unit Price Extended Price 1 Sidewalk Repairs 1/4" to 1/2" 300 Inch Feet DO 2 Sidewalk Repairs over 1/2" to 200 Inch Feet TOTAL 1 000 To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 Pursuant to and in compliance with your advertisement for bids for construction of CONCRETE SIDEWALK BEVELING — TRIP HAZARD REMOVAL PROJECT and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of CONCRETE SIDEWALK BEVELING — TRIP HAZARD REMOVAL PROJECT, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above -referenced amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 22 2021 RFB ver. 9-18 Receipt of the following Addendums is hereby acknowledged: Addendum No. _ Date Issued: Addendum No. Date Issued: Addendum No. _ Date Issued: Cr, r 6 r, r-& 416 4 E�ec_ �5 e q 04 (fone^44, (:444 Corporati n/Partnership/Individual Firm Name J (Delete Two) 3 L2 Bidder's State License No. Signature 3 0 3 V)p Bl deN State Tax No. Title City of Federal Way RFB 9 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 23 2021 RFB ver. 9-18 Attachment D BID SIGNATURE PAGE Bate: 9 z t The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the Concrete Sidewalk Beveling — Trip Hazard Removal Project and comply with all other terms and conditions of the contract and bid documents of RFB 21-004. No bidder may withdraw his/her bid for a period of ninety (90) days after the day of bid opening. The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. Corporate -/Partnership/Individual Company (Delete Two) By: � IC (Signature) .4 Printed Name) Its: `LI (Title) 3191 Cam , � U� (Address) TOO 373 6060 (Telephone Number) City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 25 2021 RFB ver. 9-18 COUNCIL MEETING DATE: May 18, 2021 ITEM #: CITY OF FEDERAL WAY -CITY-COUNCIL-- AGENDA BILL SUBJECT: AUTHORIZATION TO ACCEPT GRANT FUNDING FOR TRANSPORTATION IMPROVEMENT PROJECT POLICY QUESTION: Should City Council authorize acceptance of transportation grant funding? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 3, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Desired Winkler, P.E., Deputy Director DEPT: Public Works Attachments: 1. Staff Report 2. Prn-R #Zer.011k Son Options Considered: 1. Approve the proposed resolution. 2. Do not approve the proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Oution 1. _---I MAYOR APPROVAL: / '�A pIRECTOR APPROVAL: �/ 4/26/2021 C om ittee C:oun / . InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 18, 2021 consent agenda for approval. Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution." (BELOW TO BE COMPI.ET1 D BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 3, 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Desiree S. Winkler, P.E., deputy Public r Director SUBJECT: Authorization to Accept Grant Funding for Transportation Improvement Project FINANCIAL IMPACTS: This project, the SW King County Regional Trail Plan is in the approved 2021/2022 budget. This project has been awarded grant funding of $250,000.00 from Puget Sound Regional Council (PSRC) —regional program. The project will be completed in 2021 and 2022. The match of $50,000.00 is programmed to be funded out of the Transportation Capital Fund (306) and is comprised of real estate excise tax (REET), motor vehicle excise tax (MVET), and traffic impact fees (TIF). BACKGROUND INFORMATION: City Council approved applying for this PSRC grant in February 2020. The SW King County Regional Trail Plan (Plan) will update and fill in gaps in the current regional trail plans to connect Federal Way with surrounding agencies existing and planned regional trails. Results from this Plan will be incorporated into future Comprehensive Plan updates. Summary of the grant funding is as follows: Project (Funding Phase) Estimated Grant I Proiect Cost SW King County Regional Trail Plan (Planning) Grant Fund Required City I Years of Amount l Match 1 Expenditure Puget Sound Regional Council $300,000 1 $250,000 $50,000 2021-2022 (Federal) 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: SW King County Regional Trail Plan 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 developing the SW King County Regional Trail Plan within the City and connecting to surrounding agencies; and WHEREAS, Puget Sound Regional Council agreed to grant the City of Federal Way federal funds in the total amount of Two Hundred and Fifty Thousand and no/100 Dollars ($250,000.00) for the SW King County Regional Trail Plan 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 Two Hundred and Fifty Thousand and no/100 Dollars ($250,000.00) for the development of the SW King County Regional Trail Plan. Section 2. Execution of the Local Agency Agreements. The Mayor or his designee is hereby authorized to execute Local Agency Agreements regarding the SW King County Regional Trail Plan in the City of Federal Way, Washington and any other required documents. Section 3. Matching. Pursuant to the terms of the Local Agency Agreements, the City commits matching funds of up to Fifty Thousand and no/100 Dollars ($50,000.00) for the SW King County Regional Trail Plan. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should Resolution No. 21- Page I of 3 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 b. 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] Resolution No. 21- Page 2 of 3 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: RESOLUTION NO.: Resolution No. 21- Page 3 of 3 COUNCIL MEETING DATE: May 18, 2021 ITEM #:_ 5h .... . .. . ....... - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR THE 2022-27 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should Council pass a resolution to set a public hearing date for adoption of the 2022-27 Transportation Improvement Plan on June 15, 2021? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 3, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: `j 1-71 COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 18, 2021 consent agenda for approval. v � cc, yt' G- t1ie co p ✓4-7 C t° v -C 2 V � C"- A-�-e a'z' "A z- r-� V1 L� Greg Baruso, Committee Chair Martin Moore, Committee Member I-loang Tract, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM - DATE.---- May 3, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor _ /J FROM: EJ Walsh, P.E., Public Works Directolly vtl--� Rick Perez, P.E., City Traffic Engineer SUBJECT: Resolution Setting a Public Hearing Date for the 2022-27 Transportation Improvement Plan Financial Lmpae None. Baekj�round Information: 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 to reflect the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the June 15, 2021, City 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. The proposed resolution sets the public hearing date for the June 15, 2021 City Council meeting. The TIP will also be presented to the Land Use and Transportation Committee on June 8, 2021. Rev. 6/2019 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, setting a - Public Hearing date -of Tuesday, June 15; 2021 for adoption of a revised - - Six -Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six -year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP") annually; and WHEREAS, a public hearing must be held prior to the adoption of the revised and extended TIP and ASIP. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Public Hearin. A public hearing shall be held on the 2022-27 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, June 15, 2021, at the Federal Way City Hall Council Chambers. Section 2. 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 3. 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 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No.21- Pagel oft Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. 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_. 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: RESOLUTION NO.: Resolution No. 21- Page 2 of2 COUNCIL MEETING DATE: May 18, 2021 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY COMMUNICATIONS SERVICE LEVEL AGREEMENT FOR EMERGENCY COMMUNICATION SERVICES. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department enter into a Service Level Agreement for Emergency Communication Services with Valley Communications? COMMITTEE: PRHS&PSC MEETING DATE: May 11, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Andy J. Hwang, Chief DEPT: Police Department Attachments: 1. Staff Report 2. Service Level Agreement for Emergency Communication Services Options Considered: 1. Approve the proposed agreement 2. Do not approve the proposed agreement MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial/Date Initial/Date DIRECTOR APPROVAL: 00 initial re COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the May 18, 2021 Council consent agenda for approval. V,4.'� � t N17'� W�l �•.� Lr��L 1 r Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed agreement and authorize the Chief of Police to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL it ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 11, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley Communications Service Level Agreement for Emergency Communication Services. Financial Impacts. - This agreement covers the service level for emergency communication services through Valley Communications and does not impact any financial responsibilities which have been ongoing since the interlocal agreement was made with all Valley Communications Center member agencies. The interlocal agreement was amended and restated on April 17, 2000. Background; Valley Communications Center provides emergency communication services for member cities and other municipal corporations in the service area. This agreement provides a written level of service requirements and technical expectations between Valley Communications Center and member agencies to be used as they mutually implement emergency police communications. This agreement will be on -going for 15 years unless the member city withdraws its participation or Valley Communications Center is terminated under the terms of the interlocal agreement. SERVICE LEVEL AGREEMENT FOR EMERGENCY COMMUNICATION SERVICES This SERVICE LEVEL AGREEMENT FOR EMERGENCY POLICE COMMUNICATION SERVICES ("Agreement") is entered into between the VALLEY COMMUNICATIONS CENTER, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("Valley Com"), and City of Federal Way, a Washington non -charter code city ("Member City,") and together with Valley Com, the "Parties" and each a "Party"). RECITALS A. Valley Com was formed pursuant to the Valley Communications Center Interlocal Agreement, as amended and restated on April 17, 2000, as it may be further amended from time to time (the "Valley Com Interlocal Agreement"), as a governmental administrative agency pursuant to chapter 39.34 RCW for the purpose of providing police, fire, and medical aid emergency communication services in south King County and surrounding regions. B. Under the terms of the Valley Com Interlocal Agreement, Valley Com provides emergency communication services to its Member Cities (as defined in the Valley Com Interlocal Agreement) and other municipal corporations that exist within the logical, physical service area of Valley Com and that are in need of emergency communication services. C. As a city that formed Valley Com and, along with other Member Cities, administers Valley Com's ongoing operations, Member City obtains and pays for Valley Com's emergency communication services as provided for under the Valley Com Interlocal Agreement. Member City operates a police department, and accordingly, partners with Valley Com in the provision of emergency police dispatch communication services. D. Due to its unique administrative status as a Member City, Valley Com and its Member Cities have not previously established written level of service requirements and technical expectations as they mutually implement emergency police communication services. E. The Parties desire to enter into this Agreement for the purpose of establishing level of service requirements that will apply to both Parties in the provision of emergency police communications services. NOW, THEREFORE, in consideration of the foregoing, and in consideration of the terms and conditions set forth below, the Parties agree as follows: AGREEMENT 1. DEFINITIONS. The following new definitions apply to this Agreement: -1- "ACCESS" means "A Central Computerized Enforcement Service System", the data system supporting all law enforcement agencies within the State of Washington and is owned and operated -by the Washington State Patrol. -- "APCO" means the "Association of Public -Safety Communications Officers," an international association with State Chapters. "CAD" means the "Computer Aided Dispatch" system owned by Valley Com. "Call" means any request for public safety assistance, regardless of the media used to make the request, including voice, text, video, or data. "Contract Agency," when used in this Agreement, has the same meaning as "Subscribing Agency." "Mission Critical Systems" means those systems which, should they fail, would significantly delay or stop the Member City's ability to receive an incident dispatch of a call for service from Valley Com. "NENA" means "National Emergency Number Association." "Project Approval Process" means the process approved by the Valley Com Administration Board by which new initiatives become projects that Valley Com will implement. "Valley Communications Center Standard Operating Procedures" means the list of approved and signed procedures enacted by Valley Com, as it may be amended, modified and/or restated from time to time. 2. TERM: This Agreement will take effect on the last date signed below, and shall be automatically renewed on January 1st of each year thereafter for a period of 15 years unless Member City withdraws its participation in Valley Com or Valley Com is terminated under the terms of the Valley Com Interlocal agreement, at which time this Agreement will also immediately terminate. This Agreement also may be extended by mutual agreement of the Parties. 3. VALLEY COM LEVEL OF SERVICE RESPONSIBILITIES. During the term of this Agreement, Valley Com will: 3.1 Maintain radio and support communications with the Member City from the time of the initial dispatch until conclusion of the emergency and provide additional assistance as needed. 3.2 Provide the Member City with a copy of the Valley Communications Center Standard Operating Procedures, including amendments and updates. 3.3 Provide access to Valley Com's F.C.C. licensed radio system resources, subject to those -2- constraints and restrictions established and imposed by the Valley Com Administration Board. 3.4 Receive emergency & non -emergency calls for service, interview and dispatch following Valley Com policies; 24x7x365. 3.5 Collaborate with the Valley Com Operations Board when effecting changes in Valley Com practices and policies related to call interviewing and dispatching of units. 3.6 Recognize the following national and/or local standards and report as performance objectives at least annually. For each standard, management will work with the Member City and Valley Com Operations Board to develop mutually agreeable strategic plans to address any gaps. 3.8.1 NENA call answering standard 3.8.2 APCO/NENA ANS Standard for the Establishment of a Quality Assurance and Quality Improvement Program for PSAPs 3.8.3 Washington State training requirement for Telecommunicators 3.7 Ensure Operations staff are appropriately trained and prepared to perform their role. 3.8 Ensure that a continuity of operation plan exists, is current, and is routinely exercised. 3.9 Hold Technical User Group meetings comprised of Valley Com and Member City technical staff as a forum to share information, explore solutions, and inform the technology plan. 3.10 Record and retain as required by law appropriate telephone, radio and electronic communications. 3.11 Provide available CAD incident data for. Member City's records management and other systems. 3.12 Disallow access to Member City owned systems without prior permission from the Member City. 3.13 Provide Member City with prior notice of service impacting maintenance to the extent reasonable under the circumstances. 3.14 In the event Valley Com becomes aware of a cyber-security breach of Valley Com's system(s), Valley Com will notify Member City as soon as reasonably possible. 3.15 Route complaints and/or inquiries as to Member City personnel performance or conduct through Valley Com's chain of command to Member City's Supervisory or Management staff. 3.16 Provide information, data inquiries, and other related tasks, should Member City be unable to directly access information. 3.17 When practical, regularly attend Valley Police Chief meetings, Patrol Commander meetings, King County Police Chief Association meetings, and other similar regional police meetings. 3.21 Because Valley Com has limited technical resources, track time spent on Member City -3- ad hoc work requests that are not related to an approved project, and when Valley Com believes the effort is impacting other project deliverables, the Member City will be consulted to develop a mutually agreeable work plan or other- resolution.-- - 3.22 Avoid interaction with Member City's contractor(s) to request service which would create a financial obligation on the Member City. 4. MEMBER CITY LEVEL OF SERVICE RESPONSIBILITIES. During the term of this Agreement, the Member City will: 4.1 Provide and maintain written alarm response procedures, on forms acceptable to Valley Com, designating equipment and other resources to be dispatched. 4.2 Comply with and conform to operational policies, practices, and apparatus numbering configurations to those established by Valley Com Operations Board and/or Valley Com Administration Board; apparatus renumbering will not be implemented without consultation with Valley Com. 4.3 Comply with all Criminal Justice Information Services (CJIS) policies and requirements. 4.4 Provide reasonable notice of annexations, incorporations, changes to Member City jurisdiction boundaries and response plans to allow sufficient time for Valley Com to incorporate changes. 4.5 Follow the established radio communications protocols approved by the Valley Com Operations Board. 4.6 Train Member City personnel to be familiar with and appropriately use radio and CAD equipment. 4.7 Participate in the Valley Com Tech User Group meetings. 4.8 Follow the Project Approval Process as defined in this agreement. 4.9 Not commit Valley Com to an action, work or purchase without prior agreement from Valley Com. 4.10 Not allow Member City personnel to access Valley Com systems without prior permission from Valley Com. 4.11 Not interact with Valley Com's contractor(s) to request service that would create a financial obligation for Valley Com. 4.12 In the event the Member City becomes aware of a cyber-security breach of Member City systems that touch Valley Com systems, notify Valley Com as soon as reasonably possible. 4.13 Complaints and/or inquiries as to Valley Com performance or conduct will be routed through the Member City's chain of command to Valley Com's Supervisory or Management staff. 5. SYSTEMS AND SERVICES SUPPORT: The following support and service levels and obligations apply to Valley Com and the Member City: -4- 5.1 Normal business hours for Valley Com technical support are Monday through Friday, 8:00 am to 4:30 pm, excluding holidays and weekends. After hours, the on -duty supervisory staff will triage issues and will call -out Tech Support -if required. 5.2 The Member City recognizes that its internal systems and connectivity may be integral to the performance of a Valley Com owned or managed system. The Member City agrees to troubleshoot issues prior to calling out Valley Com Technical staff. 5.3 To report issues during normal business hours, the Member City will notify Valley Com via email to support@valleycom.vrg or by calling the Help Desk at 253-372-1575. 5.4 The following definitions and response time guidelines will be used by the Member City and Valley Com, whether during or outside of normal business hours: Priority 1 (Mission critical) — significant delay or prohibits Member City's ability to receive notification of a call for service. Immediate call out. Priority 2 — core operations unaffected but impacts efficiency. Initial response in 12-24 hours Priority 3 — inconvenient or annoying but clear workarounds exist. Initial response in 24-72 hours. Priority 4 — non -emergent, non -impacting. Initial response in 72 or more hours. 5.5 Contacts outside normal business hours for affected systems and VCC's response to issues are as follows: Priority . After Hours Notes 1 — Mission Com Room Supervisor _Systems VHF Paging Widespread outages, not Critical 253-372-1490 Radio (See Note*) individual radio or paging Immediate issues. Call Out 2 — Response Com Room Supervisor WebQUERY Agency internal Tech in 12-24 253-372-1490 MobileCOM Support available for hours NetMotion consult. 3 — Response 253-372-1575 or UDS transfer to RMS in 24-72 Su ort valle com.or Active 911** hours (See Note) 4 — Response 253-372-1575 or ESRI Dashboards 72 or more Support@valleycom.org hours * Radio note — Valley Com contracts with King County Radio Shops for radio maintenance. Should there be system -wide radio issues, the Valley Com supervisor will notify the Shops for response. When PSERN Operator assumes ownership of the radio system, all responsibility will transition to PSERN. -5- "Third party applications are governed by contracts between the vendor and Member -City. -Valley Com will verify CAD -data is being passed to -these systems -but cannot address issues within these types of applications. 5.6 Future Systems and Service priorities will be mutually agreed to as part of implementation and may be added to this Agreement. 6. NEW PROJECT APPROVAL: The Parties will utilize the following project approval selection parameters and process, which were adopted by the Valley Com Administration Board on March 4th, 2016, and which are subject to further Administration Board amendments enacted after that date: 6.1 The purpose of this section 6 is to allow for a thorough review of Member City and Contract Agency requests requiring use of Valley Com resources and to assess impacts to the project schedule. Valley Com should not engage in projects without being able to make a reliable, sustainable commitment to completion of the project. Implementing this process will allow for more collaboration with Member City and reduce independent implementation, instead creating more system -wide opportunities to allow for and establish or re -assess project priorities. 6.2 For the purposes of this Section 6, the following definitions will control: 6.2.1 Project — Any operational or technical change to Valley Com. Examples include, without limitation: • Applications requiring interface or integration to existing systems • Introduction of stand-alone applications • Changes in policy or practice that affect com room workflow • Changes in service area ® Other requests as determined by Valley Com 6.2.2 Project Champion/Sponsor — single point of contact within the Requesting Agency. This person will assist in presenting the project to the stakeholder groups. 6.2.3 Project Request Document — an internal document created and used by Valley Com 6.2.4 Stakeholder Group —may include one or more of the following groups: • Advisory Committee on Technology (ACT) Patrol Commanders • Z3 Ops Chiefs n Operating Board • Administration Board 6.3 The Parties will utilize the following process to evaluate and decide whether to adopt -6- a potential new project, if requested by a Member City or Contract Agency: 6.3.1 the Member City or Contract Agency provides an introductory proposal which must include a brief description of the project, the business need, and the timeline needed for implementation. Valley Com and requesting entity's Project Sponsor will jointly review the project to determine baseline information and complete a Project Request Document. 6.3.2 Valley Com further evaluates the request to determine the following: Level of effort required • Whether proposed solution meet expected outcomes • Potential for discipline-wide/Center-wide implementation • Whether solution introduces other issues a Operational and technical impacts • Estimated project timeline for implementation • Ongoing support requirements • Ability to support project; personnel, finance, current project schedule 6.3.3 Valley Com will then prepare and present a recommendation to Project Sponsor, reviewing results of evaluation and supporting documentation. If Valley Com determines the project proposal is feasible and warrants more consideration, Valley Com and/or the Project Sponsor will conduct further analysis to prepare a scope of work draft. 6.3.4 Valley Com and Project Sponsor will present the project proposal to appropriate stakeholder group(s) to inform them of project details including scope, cost, timelines, and impacts to schedule, if any. The stakeholder group will then make a recommendation whether to approve or not approve the project to the remaining stakeholder groups, if any, all subject to final approval from the Valley Com Administration Board, except for project requests that are minor in scope. 6.4 If Valley Com deems a project request to be minor in scope and to not adversely impact Operations, Tech Services or Valley Com's project schedule, Valley Com may opt to approve and implement the request without further process. 7. LIMITATION OF AGREEMENT. This Agreement is entered into for the benefit of the Parties to this Agreement only. The Agreement is not intended to confer any benefits on any other parties and therefore no other or third party shall be entitled to rely on the terms of this Agreement or anticipate receipt of any benefit as a result of the performance of this Agreement. 8. INDEPENDENT CONTRACTOR: RIGHTS OF VALLEY COM OVER EMPLOYEES. In providing services under this Agreement, Valley Com is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the Member City for any -7- purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Valley Com retains sole authority and control over its personnel, including but not limited to the authority to set standards of performance and discipline for Valley Com employees and any other matters related to control over Valley Com personnel and performance of its employees. 9. Entire Agreement. This Agreement, together with any subsequent amendments, constitutes the entire Agreement between the Parties and supersedes all prior agreements for emergency police communication services; however, in the event of a conflict between the provisions of this Agreement and the Valley Com Interlocal Agreement, the Valley Com Interlocal Agreement's terms will prevail over this Agreement. Any and all prior verbal statements made by any representative of Valley Com shall not be construed as forming a part of or altering this Agreement in any manner. This Agreement may be executed in one or more counterparts. M Effective Date. This Agreement will take effect on the last date signed below, with subsequent terms renewable as provided for in Section 2. (Signatures on following page) -8- VALLEY COMMUNICATIONS CENTER 27519 108th Avenue S.E. Kent, Washington 98030 By-. Lora Ueland, Executive Director Date: CITY OF FEDERAL WAY 33325 8th Avenue South Federal Way, Washington 98003 By: Print Name: Its: Date: COUNCIL MEETING DATE: May 18, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA DILL SUBJECT: CLIMATE ACTION PLANNING ITEM #: 6 a POLICY QUESTION: SHOULD THE CITY COUNCIL IMPLEMENT FINDINGS OF THE CLIMATE ACTION COMMITTEE AND ASK THE MAYOR TO CREATE AN CLIMATE ACTION PLAN? COMMITTEE: LAND USE TRANSPORTATION COMMITTEE (LUTC) MEETING DATE: May 3, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve McNev,_ Comms & Government Affairs DEPT: Mayor's Office Attachments: Staff Report Options Considered: 1. Ask the Mayor to create a Climate Action Plan, along with community stake holders. 2. Do not ask the Mayor to create a Climate Action Plan and provide direction to staff. MAYOR'S RECOMMEI MAYOR APPROVAL: : Option 1 taj�j DIRECTOR APPROVAL: N/A comrotfei Colln Initial/hate COMMITTEE RECOMMENDATION: "I move to forward to the full Council the Climate Action Committee (CAC) report to the May 18, 2021 Business Agenda for presentation. " via teleconference via telecon erence via teleconference Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to ask the Mayor to create a Climate Action Plan and present it to Council by September 7", 2021. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 3, 2021 TO: Land Use & Transportation Committee (LUTC) Parks Recreation Human Services & Public Safety (PRHSPS), Jim Ferrell, ayor FROM: Bill Vadino, Policy Advi d eve McNey, Communications and Government Affairs Coordinator Subject: Discussion of Climate Action Plan for City of Federal Way Last October Federal Way citizens Cindy and Mark Piennett made the Mayor and Council aware of their involvement with the Seattle -King County League of Women Voters' City Climate Action Committee. Staff began to meet with them to formulate options to create a climate action plan for the City of Federal Way. The city shares an overarching goal to affirm short, medium and long-term initiatives to reduce greenhouse gas emissions in line with County and State goals. The goal of the League's City Climate Action Committee is to increase the engagement of residents to successfully implement their city's climate action goals. Dropping Carbon Emissions: Cities of King County have kept carbon emissions basically flat since 2007, even though the population has grown. (orange line in graph) FeasOe future GHG K4C Reduction Targets reductwns 25% 500111 2007 zozo T�TCTi 80% Our cities need to reduce carbon emissions dramatically to meet the targets of 50% reduction by 2030 and 80% by 2050. As a community we should join this effort and create a Climate Action Plan. This will entail reaching beyond informing and consulting the public to involving, collaborating and empowering the public. Through education and civic engagement, residents can help Federal Way meet its climate goals. When we implement equitable public outreach, human behaviors change, and carbon emission reduction targets will be met. Geo/City Footprint: Cities are the unit of change for reducing carbon emissions throughout King County. The Seattle -King County League of Women Voters is working primarily with 20 cities where League members reside. These mostly medium and larger cities account for 75% of the carbon emissions. Choi— Y. • _ l� -Y P..r Cindy and Mark, as "Climate Action Guides" will work with the city of Federal Way in a customized approach to help achieve emission reduction goals and engage our community using King County's Strategic Climate Action Plan and the Climate Action Toolkit. FIVE CLIMATE ACTION STEPS FOR FEDERAL WAY (Source: Climate Action Toolkit, King County 1. Understand Federal Way's Emissions: A greenhouse gas (GHG) inventory enables a quantitative understanding of the city's emissions profile and is critical to informing climate -related actions, goals, and targets. It sets a baseline to track performance over time. a) Using King County's 2020 data, Federal Way's share of GHG emissions is calculated as a proxy until a customized GHG emissions inventory can be conducted for Federal Way. This proxy can be a stepping -stone to educate the public about regional emissions and publicize the city's commitment to lowering carbon emissions. Proxies do not allow for accurately tracking progress against emissions reductions or show numerical returns on investment. SOURCES OF GEOGRAPHIC -PLUS BASED GHG EMISSIONS FOR KING COUNTY (2017) Cc:n•neicial---r 8uuGI Re>idertial Bui';1mgs Inc;ustrnal 130(fings Send JJaste 1% A IrU11Ure 1% I g� 'Nate: and 'Naste,vater 0.4% "ransoorlatinn and Other 1`0o .4, Sources Proxy GHG Emissions for Federal Way • Transportation 41.2% 358,479 • Industrial Buildings 1.2% 10,184 • Commercial Buildings 27.4% 238,307 • Residential Buildings 27.4% 238,307 • Agriculture 1.2% 10,184 • Solid Waste 1.2% 10,184 • Water & Waste Water 0.5% 4.074 • Totals 100% 869,719 This Federal Way Proxy assumes we are 4% of total King County based on population and reallocation of Industrial Buildings. As shown above, the vast majority of GHG emissions for us come from usage of energy in transportation and buildings, which is where we will focus GHG emission reduction targets. b) Conduct a customized GHG emissions inventory for the Federal Way. This requires time and resources and can be done by a consultant or staff with the expertise. It can take three to six months to complete the first GHG inventory. Frequency can be annual, every other year, every 5 years. Recommended resource in the Toolkit: ICLEI (International Council for Local Environmental Initiatives) protocols and software. Potential funding from K4C or grants. City government emissions are a fraction of the total community's emissions. c) One important action is joining the King County Cities Climate Collaborative W4C), which is a key regional partner in this effort. This is a consortium of King County, 16 cities and the Port of Seattle who are committed to climate action planning. Membership by the City would include benefits of outreach, coordination, sharing, funding and resources. Membership is $2,500 a year and the commitment of attendance by city staff at quarterly meetings and regional elected leaders at annual meetings. 2. Determine Federal Way's Level of Commitment Commission a mayor -appointed Climate Action Task Force to include a few residents, knowledgeable stakeholders, 1-2 city council members, mayor's office and city technical staff and/or a part-time consultant. Results of the Federal Way emissions inventory will show the source of the largest impacts and opportunities for GHG reductions. The city should determine its level of commitment by setting specific climate goals to achieve emissions reductions, considering geography, density, public transportation, age of buildings, resources required, leadership buy -in and community influence. These goals will be aligned with the K4C targets of reducing emissions 50% by 2030 and 80% by 2050. The Climate Action Task Force will make climate goal recommendations to the mayor. Timeframe 2-3 months, depending on whose sign off is needed. Examples of other cities' goals in Toolkit. ACTIONS NEEDED TO ACHIEVE KING COUNTY'S SHARED GHG GOALS 130 nut N:Yrui lnairz'lI i `]I r �] iti • is Mt Il l[t AWNIr Mrncm crnnf li Vlf ] ut tigq A e O7l ww".r Jyt Idi Xti :CJJJ5s! XII`.Jr: t In,.q uc Lvla l� I I a i 1 Strrrc�^r�H.a rrr� �, :`pIP::IK;w! Vi�rd4 I1 7'n;t�J to �d?pi:-f. J' Irotry'i.:Crc • Etli::p'r:r S'a'r:d'ds l� tL.:In:':a4[45 C 2. �:uy Ere"Jr ��' r, � S FYJxr Ca I'l7; i 8 Ira<� Cr,r Mri•'.O,rrc.-a-trr: - 9Jldrr�: r•� h.u7r 9 rr WrC"� -00: 3."urrvu� Er;l rx .0 6 tida�aCLarrl•rlc F - r 9JIdr c Crt cr•,r Stator[ ens E�"r:rtr Lta V= 3. Develop a Climate Action Plan Tailored for Federal Way a) Form a city-wide Climate Action Advisory Group to work with the goals set by the Task Force, engage and educate the community on the climate goal priorities, solicit their input and to create a Climate Action Plan. Equity, social justice and the city's largest areas of impact should be addressed in the plan. Engagement can include surveys, focus groups, interviews, workshops, panels and / or events. To engage all of the community, the Advisory Group should include citizens, businesses, and representatives from faith and cultural communities, civic groups, PTA / school, fire, water and sewer districts to gain feedback and buy -in. Federal Way will benefit from having two committed residents, Cindy and Mark Piennett, whowill serve as Climate Guides in collaboration with the League of Women, Voters (Seattle/King County)'s City Climate Action Committee to guide the development of the Climate Action Plan. Our Climate Guides in association with the League have learned that public engagement is an essential strategy to lower carbon emissions. Creating a diverse, equitable and inclusive (DEI) advisory group will: • assist in the public outreach and education about the priority goals • ensure equitable and targeted resource distribution through the goals • instigate public participatory activities that will lower carbon emissions and build public support for the goals This effort will take flexibility to adjust and pivot alongside a rapidly changing landscape as more is learned about what does / does not work. Timeframe: 3-6 months, depending on depth of stakeholder engagement and level of intricacy of the plan. b) Approval of the Federal Way Climate Action Plan: The city council should take formal action after consideration of public input, staffing and budget realities. This council action should be highly publicized. 4. Identify and Implement Emissions Reduction Actions: This is where most time and effort will be spent. As local experience with democratic engagement grows, the public goal -driven projects will become more complex and collaborative. Only when the public is committed to democratic engagement and changing their own living behaviors, will carbon emissions drop. At this stage, implementation timelines, accountability measures, resource assignments, budgets, processes are developed and shared with the public. 5. Measure and Report Progress What gets measured gets managed - and funded! Changes in emissions versus baseline and the associated co -benefits should be tracked on 2, 3, or 5-year intervals. Examples: `W' many living -wage jobs were created, `X' dollars were saved, air quality increased by `Y%' and `Z' dozen low-income community housing developments were built because of program _. Federal Way's Climate Action Plan will be updated continuously. Cities with Sustainable/Climate Action Plans: • Bellevue Environmental Stewardship: https://bcllevuewa.govlcity^p-ovemmenUdepartmenlslCummuniri- d ,veloprnent/environmental-steivardsh ip • Kirkland Sustainability Master Plan: hfu2s://www.kirklandwa.gov/Gover►tmenUD gartmenLS/SustainabiIity- Center/S ustainabi I ity-Master-Plan • Mercer Island Sustainability: https:/1www.mercerisland.pov/publiewodks gape/sustainability • Sustainable Shoreline: htt s://www.shoretinewa ov/nur-ci /environmdnV,,usWnable-shoreline-2 • Redmond Sustainability Plan: hugs:/lwww.redmvnd.gov/DocumentCenter/View/I4982/Redmond-2020-Sustainability-Plan • City of Seattle Green New Deal: https://durkan.scattle.p-ovlwp-content/uploadslsites/9/2020/01/1=final-Executive-Order-2020-01-Advancing-a-Green New- Dcal-for-Seattle -pd COUNCIL MEETING DATE: May 18, 2021 ITEM #: 6b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SENIOR ADVISORY COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a new member to the Senior Advisory Commission? COMMITTEE: NSA MEETING DATE: NSA CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mor's Office Background: Per Federal Way Revised Code 2.62.030, the Senior Advisory Commission is comprised of up to nine (9) voting members and three (3) alternate members who are appointed by the City Council. Members and serve three (3) year terms without. Currently there are two (2) alternate positions due to term expirations. One (1) application was received in response to the City Clerk's recruitment process. At their May 18, 2021 Special Meeting the City Council interviewed Adrienne Obregon for consideration. Options Considered: 1. Appoint Adrienne Obregon as an alternate member of the Senior Advisory Commission with a term to expire August 31, 2023. 2. Direct the City Clerk to advertise for additional applicants for the Senior Advisory Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A i CITY CLERK APPROVAL: f 05l 1112al Committee yific Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move to appoint Adrienne Obregon as an alternate member of the Senior Advisory Committee with a term to expire August 31, 2023. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # COUNCIL MEETING DATE: May 18, 2021 ITEM #: 6 C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ETHICS BOARD APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Ethics Board? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Ethics Board is comprised of three (3) voting members and one (1) alternate who are appointed by the City Council and serve three-year terms (per Resolution # 13-648). There are currently two (2) vacant voting positions and one (1) vacant alternate position. At their May 18, 2021 Special Meeting the City Council interviewed the applicants seeking appointment to the Ethics Board - Karen Kirkpatrick (current member in good standing seeking reappointment), Larissa Lincoln, ShaQuina Davis, and Brenda MacRae. Options Considered: 1. Appoint members to the Ethics Board as follows: Term Exjp.iration Date 1. Voting June 30, 2023 2. Voting June 30, 2024 - currently filled/due to expire 06/30/2021 3. Alternate June 30, 2024 2. Direct the City Clerk to advertise for additional applicants to the Ethics Board. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A 5�J', Committee C'nun it Initial/Date Imtial/Date COMMITTEE RECOMMENDATION: N/A CITY CLERK APPROVAL: PROPOSED COUNCIL MOTION: "I move appointments to the Ethics Board as follows... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # COUNCIL MEETING DATE: May 18, 2021 ITEM #: 6 d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a new member to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are appointed by the City Council to serve three-year terms (per FWRC 2.50.030). There are currently two (2) vacant voting positions due to term expirations as well as one (1) alternate position. One (1) application was received in response to the City Clerk's recruitment process. At their May 18, 2021 Special Meeting the City Council interviewed Angela Neubauer for appointment. Options Considered: 1. Appoint Angela Neubauer to the Arts Commission as a voting member with a term to expire December 31, 2021. 2. Direct the City Clerk to advertise for additional applicants for the Arts Commission. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A OP-/2 ITY CLERK APPROVAL: II Committee CodriciI lniliailDatc Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move to appoint Angela Neubauer as a voting member of the Arts Commission with a term to expire December 31, 2023. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # COUNCIL MEETING DATE: May 18, 2021 ITEM #: 6 e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT POLICY QUESTION: Should the City Council appoint a new member to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtne. , City Clerk DEPT: Mayor's Office ` Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five (5) members who are appointed by the City Council to serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each). There is currently one (1) vacant voting position representing businesses collecting lodging tax for which one application has been received. At their May 18, 2021 Special Meeting the City Council interviewed this applicant, Edgardo Mirasol. Options Considered: 1. Appoint Edgardo Mirasol as a voting member of the Lodging Tax Advisory Committee with a term to expire October 31, 2021. 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee C0119Eil Initial/Date v InitinvDste CITY CLERK APPROVAL: 051111 X21 Initial/Date PROPOSED COUNCIL MOTION: "I move to appoint Edgardo Mirasol as a voting member of the Lodging Tax Advisory Committee with a term to expire October 31, 2021. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # COUNCIL MEETING DATE: May 18, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO SEEK AND ACCEPT GRANT FUNDING: COMMUNITY LITTER CLEANUP PROGRAM POLICY QUESTION: Should the City Council authorize applying for competitive grant funding focused specifically on litter cleanup along freeway interchange access points (ramps) within Federal Way, and if successful, authorize acceptance of the grant funding, and entering into related agreements for receipt and expenditure of the grant funds? COMMITTEE: n/a CATEGORY: ❑ Consent MEETING DATE: n/a ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: EJ Walsh DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize staff to apply for grant funding, acceptance if successful, and enter into related agreements for receipt and expenditure of funds. 2. Do not authorize the City's application for grant funding and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 5 DIRECTOR APPROVAL: C mitt Council Initial/Date InitialfDaic Initial/Date COMMITTEE RECOMMENDATION: n/a Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to apply for grant funding, acceptance if successful, and enter into related agreements for receipt and expenditure of funds. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 18, 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PE, Public Works Director Rob Van Orsow, Solid Waste / Recycling Manager SUBJECT: Authorization to Seek and Accept Grant Funding: Community Litter Cleanup Program Financial Impacts: The maximum single grant funding program amount from the Community Litter Cleanup Program Grant is $40,000 and, if awarded, would be encumbered within the Streets operating fund for use to remove litter along limited access ramps within the City limits. There is no required City match or direct costs to the City to receive the funds. Indirect costs for grant administration will be eligible for reimbursement. Backeround Information: On May 13, 2021, Washington Department of Ecology announced the opening of a competitive grant application period for funding authorized by Senate Bill 5040 to expand the Community Litter Clean Program. Applications are for a maximum of $40,000 for funding litter cleanup activities of State highway interchanges within local jurisdictions. If authorized by Council, the Public Works Department plans to apply for the maximum funding amount and allocate this funding to implement contracted litter control activities around these highway interchanges. Work associated with grant funding would occur on a set scheduled basis. Due to the short application period, this item bypassed the Council Committee process for consideration and is being presented directly to City Council as a Business item. Rev. 6/2020 COUNCIL MEETING DATE: May 18, 2021 ITEM #: / a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: FWRC CHAPTER 4.05 — PARKS REGULATIONS UPDATES POLICY QUESTION: Should the City Council approve the proposed ordinance amending FWRC Chapter 4.05 — Parks Regulations? COMMITTEE: PRHSPS MEETING DATE: May 11, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen DEPT: Parks Department Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: '� 2'j Lfl z C itte C c nitialll}ate Ir Initiai/Date [ni ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 18, 2021. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (5/18/2021): "I move to forward the proposed ordinance to the June], 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (6/1/2021): "I move approval of the proposed ordinance. " BELOW TO BE C01UPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BELL # co�O ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 3/22/2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks & Facilities Deputy Director 31, SUBJECT: ORDINANCE: FWRC CHAPTER 4.05 — PARKS REGULATIONS UPDATES Financial Impacts: None Backeround Information: Since its incorporation, the City has passed ordinances to establish rules and fees for facilities use and parks and recreation programs. Periodic updates are necessary to address legislative requirements, citizen or staff requests, council goals, planning policies or clarification to support current or future policies. In May of 2019, the Parks Commission convened a subcommittee to review the City's Parks Regulations (Chapter 4.05 of the FWRC) which hadn't been done in over a decade. The subcommittee met monthly in May, June, August, September and November of 2019. The goals of the subcommittee were to review current application of rules, to make the document more current, adding, updating and cleaning up the language to meet today's standard. Additionally, we worked to implement changes in the document that was easier for the lay person to read and understand along with giving law enforcement an improved document/set of rules to enforce. In November of 2019 after five subcommittee meetings, the group had reached the consensus and moved the recommendations forward. Staff took those recommendation and worked with our legal team to ensure it passed legal review. After cleaning up the document we had our final documents ready to take through the council process. In January of 2020, the Parks Department was preparing the ordinance, agenda bill and memo to take through the approval process when we started to experience some troubles on our trails between motorized vehicles and pedestrians. We had additional discussion with the Police Department, it was recognized that we needed to address motorized vehicles and trail use more comprehensively than the subcommittee had reviewed. At this time, we paused on bringing this through the council process. Staff worked directly with police and legal staff to strengthen the Park Code language to allow for more detailed and understandable standards for trail use and motorized vehicles, therefore allowing for better enforcement in the future. In March of 2020, the Covid-19 crisis hit and took the focus away from getting the parks code updates approved through the council process to the health and safety of our staff and the community at large. Rev. 7/18 We are finally able to refocus on these updates and bring these important changes for official review and subsequent adoption. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, updating parks regulations; amending - FWRC 4:05.010, - 4.05.020, 4.05.0501 - - -- - - 4.05.060, 4.05.0909 4.05.100, 4.05.140, 4.05.250, 4.05.280, 4.05.300, 4.05.3109 4.05.330, 4.05.340, 4.05.350, 4.05.370, 4.05.370, 4.05.390, and 4.05.400; repealing FWRC 4.05.160; and adding new sections 4.05.045 and 4.05.145 to chapter 4.05. (Amending Ordinance Nos. 91-82, 93-1839 01-3889 01-396, 01-404, 02-428, 04-4649 06-530, 07-572, 09-593, 09-5979 and 09-617) WHEREAS, the Parks Department has the responsibility for the management of the City's public parks and open spaces; and WHEREAS, the Parks Department manages over 1,300 acres of developed parks and open space; and WHEREAS, the Parks Department has the responsibility to provide for the safety and enjoyment of all in these spaces; and WHEREAS, the Parks and Recreation Commission and staff have developed the amendments to chapter 4.05 of the FWRC proposed in this ordinance to add definitions, consolidate sections, and to update language that addresses current needs and concerns, which will allow for better enforcement of Park regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.05 FWRC "Sections" is amended to read as follows: Sections: 4.05.010 Definitions. 4.05.020 Scope of chapter. 4.05.040 Administration, and enforcement, and tm ffie N gul +ions 4.05.045 Traffic regulations. Ordinance No. 2 1 - Page 1 of 14 4.05.050 Expulsion from parks. 4.05.060 Closing hours — Unlawful entry. 4.05.070 Agreements for use of park. 4.05.080 Agreements for athletic, recreational facilities and activities. 4.05.090 Dogs at large. 4.05.100 Pets on city park facilities. 4.05.110 Capturing, molesting or feeding animals. 4.05.120 Feeding of wildlife. 4.05.130 Aircraft. 4.05.140 Alcoholic beverages prohibited. 4.05.145 Drug Use. 4.05.150 Boats and other watercraft. 4.05.160 4.05.170 Circus, carnival or exhibitions. 4.05.180 Concessions. 4.05.210 Fires. 4.05.220 Fireworks, explosives, and projectile weapons. 4.05.230 Game fish. 4.05.240 Shellfish and food fish. 4.05.250 Games and sports. 4.05.270 Meetings — Religious and political. 4.05.280 Model rockets, boats, hydroplanes and unmanned aircraft. 4.05.290 Removal or destruction of park property. 4.05.300 Peddlers — Use of loudspeakers. 4.05.310 Permits, P-park scheduling, pen:nits and fees. 4.05.320 Pedestrian right-of-way. 4.05.330 Refuse and/or storage of personal property. 4.05.340 Riding vehicles or animals, and illegal par -king. 4.05.350 Signposting. 4.05.360 Skateboards, bicycles, coasters, in -line skates, roller skates, and motorized foot scooters and similar devices. 4.05.370 Smoking. 4.05.380 Swimming. 4.05.390 Sound amplification equipment prohibited. 4.05.400 Trail use. 4.05.410 Trials and competitions. Ordinance No. 21- Page 2 of 14 Section 2. FWRC 4.05.010 is amended to read as follows: 4.05.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or 1.05.020 in that order. "Bicycle" means every device propelled solely yhuman power upon which a person or persons maY ride, having two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter. "Dawn " means 30 minutes before sunrise. "Director" means the director of the Parks and Recreation De artmenarks, reereation, and eul or a designated employee of that department. "Drone" means an unmanned aircraft. "Drug' means a controlled substance as defined_ig chapter 55.50 RCW. "Dusk" means 30 minutes after sunset. "Electric -assisted bicycle" means a bicycle with two or three wheelssaddle, fully operative pedals for human propulsion, and an, electric motor, The electric -assisted bicycle's electric motor must have a Mower output of no more than seven hundred fifty watts. The electric -assisted bicycle must meet the requirements of one of the following three classifications: (1) "Class 1 electric -assisted bicycle" means an electric -assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenly miles per hour,• (2) "Class 2 electric -assisted bicycle" means an electric -assisted bicycle in which the motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour-, or (3) "Class 3 electric -assisted bicycle" means an electric -assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour and is equipped with a speedometer. "Motor vehicle" means any transportation vehicle or device that is self -powered, whether by an internal combustion engine or electric motor, including mopeds, motorcycles.go-karts, all -terrain vehicles, and motorized foot scooters, but not including electric -assisted bicycles or personal Ordinance No. 21- Page 3 of 14 mobility devices used by disabled persons. For purpases of this chapter, vehicles operated in parks or on trails with the permission of the Parks Director, including police, emergency, or maintenance vehicles are not considered motor vehicles. "Park" includes any public park, public square, golf course, bathing beach, or play and recreation ground within the city limits, regardless of ownership; and also includes any city sports field, or any city leased or rented school or private property when being used for recreation. "Trail" means the entire length and width of the paved portions of the Bonneville Power Administration Trail or any other pathway, track, or right-of=way in a park or recreation area within the cijX that has been designated as a trail by the Parks Director._ Trails _are _for recreational and commuter use. "Unmanned aircraff' means motorized aircraft that does not carry a person, including drones; motorized includes electric combustion and pressurized motors. Section 3. FWRC 4.05.020 is amended to read as follows: 4.05.040 Administration; and enforcement, . The director or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation. , Section 4. Chapter 4.05 of the Federal Way Revised Code is hereby amended to add a new section 4.05.045 to read as follows: 4.05.045 Traffic regulations. Traffic regulations under FWRC Title 8. Traffic and Vehicles. that apply to_public roadways shall apply throughout any park and mqy be enforced by law enforcement officers or others designated h law. (1) It is unlawful for a vehicle to be in any hark during park closed hours except authorized City hit-,iness_ Ordinance No. 21- Page 4 of 14 (2) It is unlawful to bring a vehicle into a park without a permit except for purposes of recreation in the park- (3) It is unlawful to stand or park any vehicle except in areas designated and posted for parking by the director. Any car parked in an area not designated by the director for parking, or otherwise parked in violation of this chapter or in such a way as to obstruct traffic, or any car that is apparently abandoned in any park, may be summarily_ removed and impounded upon order of the director or designee. Section 5. FWRC 4.05.050 is amended to read as follows: 4.05.050 Expulsion from parks. (1) In addition to anynetker penalty imposed pursuant to this chapter, the director or designee may order the expulsion of any person from any park for a period of one to seven days if such person is observed: (a) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or program. (b) Directing ethnic slurs or offensive remarks at another person based on such person's actual or perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation. (c) Using tobacco products in an unauthorized area or facility. (d) Causing injury or risk of injury to another person or persons. (e) Causing damage or risk of damage to city property. (f) Violating any provision of this chapter. (g) No Person shall urinate or defecate in a public place, other than a functioning water closet, urinal or toilet. 0i) No person shall loiter in a public restroom or public. Ordinance No. 21- Page 5 of 14 (2) The director or designee may order the expulsion of any person from any park for a period of seven days to one year if such person: (a) Has been expelled from the park two or more tines in any 30-day period. (b) Causes physical injury to another person. (c) Sells, possesses or uses alcohol or illegal drugs on ct park property. (d) Possesses or uses any weapon on city hark property. (e) Commits more than one violation of this chapter in any 12-consecutive-month period. (3) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known address or delivered in person. (4) The director or designee may forward the written notice of expulsion along with the certified mail receipt to the .aa...,:.., ent ..fpublic safetyFederal Way Police Department. (a) The written notice of expulsion shall be a notice of trespass. (b) Any person on city park property, in violation of the written notice of expulsion, is in violation of this chapter and any knowing violation constitutes trespass. (c) The notice of trespass and expulsion will expire on the date indicated in the written notice of expulsion. Section 6. FWRC 4.05.060 is amended to read as follows: 4.05.060 Closing hours — Unlawful entry. It is unlawful to enter or be in any park during pastedpark closed hours and in no case after dusk of any day, or before 5:00 a.m. or dawn of any day, whichever is later, unless otherwise permitted by the director for a special occasion; provided, the director may establish special park closure hours, for specific parks or areas within parks, if the director determines that such special park closure hours are necessary or appropriate to protect public property, protect public safety, prevent public nuisances, prevent breaches of the peace or for special events. Special park closure hours shall be Ordinance No. 21- Page 6 of 14 indicated by appropriate signs. Any person(s) s) in a park during closed liours may be expelled pgrsuant to 4_05.050_ Section 7. FWRC 4.05.090 is amended to read as follows: 4.05.090 Dogs at large. It is unlawful to allow or permit any dog to run at large in any park or to enter any lake, pond, fountain or stream therein. except in designated off leash dog areas. Section 8. FWRC 4.05.100 is amended to read as follows: 4.05.100 Pets on city park facilities. (1) Dogs, pets or domestic animals are not permitted on any designated swimming beach, picnic area or play areas in any park or in any park building unless specifically permitted by posting_; prayed tThis section shall not apply to nog:„g eye d.epADA-authorized service animals. (2) In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater than 208 feet in length, and under control at all times. (3) Any person whose dog or other pet is in any park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the park area. (4) The director is authorized to approve dogs off -leash for dog training programs or special events. Section 9. FWRC 4.05.140 is amended to read as follows: 4.05.140 Alcoholic beverages prohibited. It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened beverage containers, provided this prohibition shall not apply to organized groups which have secured a permit from the director and, if required, from the State Liquor- GetArel Board Washington State Liquor & Cannabis _Board. A violation of this section shall be subject to the penalties as set forth in RCW 66.44.100, or hereafter amended, as adopted by reference in FWRC 6.10.010. Ordinance No. 21- Page 7 of 14 Section 10. Chapter 4.05 of the Federal Way Revised Code is hereby amended to add a new section 4.05.145 to read as follows: 4.05.145 Dru_g use prohibited. Drug use is wrohibited. No person, while in a -park, shallpossess, sell, distribute, cultivate, consume by mouth, inhalation or injection, a controlled substance, except with a prescription and in compliance with state and local law. Section 11. FWRC 4.05.160 is hereby repealed in its entirety. Section 12. FWRC 4.05.250 is amended to read as follows: 4.05.250 Games and sports. It is unlawful to practice or play baseball, softball, football, hockey, tennis, badminton, dying disc, paintball. or other games of like character or to hurl or propel any airborne or other object in such a manner as to interfere with or put at risk other park users. (1) It is unlawful to practice or play golf or archery in any city park, unless authorized by the director. Section 13. FWRC 4.05.280 is amended to read as follows: 4.05.280 Model ftaircy-aftrockets, boats, hydroplanes and ^f ier niotorized inedelsunmanned aircraft. (1) No person shall flyuse model rockets, boats, hydroplanes or remote-controlleder nedel• aircraft in any park area except in areas specifically designated and/or posted for that purpose and/or having first obtained a permit from the director. (2) All engines over 0.25 cubic inches used in model aircraft being flown in designated park area shall be muffled. (3) All persons flying medelremote-controlled aircraft in designated park areas shall abide by the Official Academy of Model Aeronautics Safety Code and Federal Aviation Administration regulations. (4) A permit from the director is required to launch model rockets in a park area shall obtain ,fait to de oi� t a rrrvnr Lm�ir4vter. Ordinance No. 21- Page 8 of 14 Section 14. FWRC 4.05.300 is amended to read as follows: 4.05.300 Peddlers - Use of loudspeakers. It is unlawful to perform the following activities in a park without a written permit or concession contract or a special events contract withby the city: (21) Operating a fixed or mobile concession traveling exhibition; (32) Soliciting, selling, offering for sale, peddling or vending any goods or services; (43) Advertising any goods or services. Section 15. FWRC 4.05.310 is amended to read as follows: 4.05.310 Permits, $park scheduling, permit and fees. Park and recreation facilities are available for public use whenever possible. First priority r; for park usage will be given to city -sponsored programs. Reservations or scheduling for use of indoor and outdoor facilities is required for any communityal or private event involving more than routine use of a park. Reservations or schedul i n g will -aim lie deethrough written application to the recreation division of the , afk ; feer-eation and -human sesParks and Recreation dDepartment • nd eompleting the aa,- appl:". t:�,. Applicable user fees must be paid before thea picnic, special use or rental permit will be issued. Requests must be made at least 14 days in advance of the event. (1) With the exception of the City, no person may charge an admission fee to park property, includinp, Parkinglots or to Qy event conducted on park property without a permit that expressly permits charging such admission. Ordinance No. 21- Page 9 of 14 Section 16. FWRC 4.05.330 is amended to read as follows: 4.05.330 Refuse and/or storage of personal property. (1) It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business, or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. (2) It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any parks and/or open space areas. (3) It is unlawful to possess or use pinatas or water balloons in anypark. Section 17. FWRC 4.05.340 is amended to read as follows: 4.05.340 Riding vehicles or animals,—a-nd-ialehal-p,a4i-nb. It is unlawful to ride or drive any bicycle, scooter, motor vehicle, horse or pony over or through any park except along and upon the park drives, parkways, park boulevards and/or appropriately marked paths; or at a speed in excess of 15 miles per hour; Section 18. FWRC 4.05.350 is amended to read as follows: 4.05.350 Signposting. MIt is unlawful to place or erect any signboard, sign, billboard or device of any kind for advertising or any other sign or decoration in any park without the prior consent of the director and obtaining an issued -permit. . (2) It is unlawful to place or erect any structure of any kind. in anypark. Section 19. FWRC 4.05.370 is amended to read as follows: 4.05.370 Smoking. No smoking is allowed in any public building except in areas so designated by sign or posting. No person shall use gLy form of tobacco or va ing device in any public place or place of employment as defined in RCW 70.160.020: within city parks, facilities, or restrooms: or within 50 feet of covered picnic shelters, swimming beaches, playgrounds, athletic fields. or spectator areas during, athletic events, or within concession areas. Section 20. FWRC 4.05.390 is amended to read as follows: 4.05.390 Sound amplification equipment prohibited. It is unlawful for any person to use, operate, or play or permit to be used, operated or played in any park, any radio, tape player, television, musical instrument, record player, loud speaker, or any other machine or device producing or reproducing sound at a volume that is audible at a distance of over 50 feet therefrom, except pursuant to a permit issued by the director. Section 21. FWRC 4.05.400 is amended to read as follows: 4.05.400 Trail use. (1) No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Travel at speeds in excess of 15 miles per hour shall constitute in evidence a prima facie presumption that the person violated this section. (2) No person shall travel on a trail in a negligent manner. For the purposes of this section, "travel on a trail in a negligent manner " shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property. (3) For the purposes of this section, "travel " shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, scooter, horse, skateboard, and roller skates. (4) Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer. Ordinance No. 21- Page 11 of 14 (5) Trails are open to all non -motorized vehicle use, including bicycles and all classes of electric - assisted bicycles, but closed to all motor vehicles. (50 Every person who shall use or travel on a trail shall obey the following model trail user code of conduct: (a) Using a trail. Every person using a trail shall stay as near to the right side of the trail as is safe, excepting those movements necessary to prepare to make or make turning movements, or while overtaking and passing another user moving in the same direction. (b) Regard for another trail user. Every user shall exercise due care and caution to avoid colliding with any other trail user. All users shall travel in a consistent and predictable manner. (c) Groups on trail. No group of trail users, including their animals, shall occupy more than one-half of the trail as measured from the right side, so as to impede the normal and reasonable movement of trail users. (d) Audible signal when passing. Every user shall give an audible warning signal before passing another trail user. The signal must be produced in such a manner as to allow adequate time for response. The signal may be given by voice, bell or horn. (e) Overtaking trail users on the left. Any trail user overtaking another trail user proceeding in the same direction shall pass to the left of such overtaken user at a safe distance, and shall stay to the left until safely clear of the overtaken user. (f) Entering and crossing trail. Trail users entering or crossing the trail at uncontrolled points shall yield to traffic on the trail. (g) Lights on trail users. All bicyclists using the trail from one-half hour before sunset to one- half hour before sunrise shall equip their bicycles with a headlight visible 500 feet to the front, and a red or amber light visible 500 feet to the rear. Section 22. 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, Ordinance No. 21- Page 12 of 14 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 23. 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 24. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 25. 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. PASSED by the City Council of the City of Federal Way this day of . 20 [signatures to follow] Ordinance No. 21- r ug e I j vj I w 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 No. 21- Page 14 of 14 COUNCIL MEETING DATE: May 18, 2021 ITEM #: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AN ORDINANCE TO REGULATE RACING, STUNTING AND UNLAWFUL RACE ATTENDANCE POLICY QUESTION: Should the City of Federal Way enact an ordinance regulating racing, stunting and unlawful race attendance? COMMITTEE: PRHS&PSC MEETING DATE: May 11, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kristopher Krusey, Lieutenant DEPT: Police Department Attachments: 1. Staff Report 2. Proposed Ordinance for Racing, Stunting and Unlawful Race Attendance. Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOM' MAYOR APPROVAL: . Option 1. Initial/Date Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 18, 2021. l�j� ,,,,.c_-t � � �, �-�1D 1�n '�r� ��7 �_ I:'�.1'►...�1 �o� �C71`�4r.-� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (MAY 18, 2021): "I move to forward the proposed ordinance to the Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DUNE 1, 2021): "I move approval of the proposed ordinance. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: r.�_j�. ElAPPROVED COUNCIL BILL # �►/�` ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 11, 2021 TO: Parks; Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Addition of Racing, Stunting, and Unlawful Race Attendance ordinance to the Federal Way Municipal Code. Financial Impacts: None Background Information: Beginning in early 2020, illegal vehicle racing and stunting events in the city have drastically increased. Officers enforcement powers to these criminal acts are limited to civil traffic infractions after the events have been broken up. These incidents have continued and become more dangerous to the involved parties and members of the motoring public. A review of different local agency's municipal codes (Kent, Auburn and Fife) found criminal racing codes, including unlawful race attendance. The addition of criminal penalties for racing, stunting, and race attendance would assist in immediate enforcement to stop the dangerous racing events in the city. The crimes of racing, stunting, and unlawful race attendance would apply both on city streets and private property. With the crime of unlawful race attendance, Federal Way police officers would have the ability to enforce the crime on the spectators who are gathering and would most likely reduce the incidents if the laws and penalties were to be publicized. The incidents that are occurring in the city have evolved from the traditional street racing (speed competition) to blocking intersections, streets, highways and freeways to perform stunts such as drifting, performing donuts, which damage the roadway, and causing dangerous situations for the spectators on foot and the motoring public. These acts also impact the safety and wellbeing of the residents of Federal Way. If a resident were to have an emergency requiring the assistance of the Federal Way Police, South King Fire, or Medic One, encountering a blocked intersection, street, highway, or freeway would delay the emergency response. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to unlawful- stunt driving or race-atttendance; adding a newchapter 6.17- — to the Federal Way Revised Code including new sections 6.17.010; 6.17.020; 6.17.030; 6.17.040; 6.17.050; 6.17.060; 6.17.070; 6.17.080; 6.17.090; and 6.17.100. WHEREAS, street racing and stunt driving have been taking place on public streets and in parking lots in City of Federal Way and South King County area for a number of years; and WHEREAS, these activities endanger the safety and welfare of the public and of persons participating in and attending these events as spectators; and WHEREAS, some neighboring cities have reduced the incidence and scope of street racing events by criminalizing both the participation in and knowing attendance at street racing events; and WHEREAS, a distinction should be made between speed contests and lower speed stunt driving that may not constitute a race, but still endangers public safety; and WHEREAS, due to the layout of city streets and roadways, the issue of stunt driving has been of particular concern within the City of Federal Way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 6.17 of the Federal Way Revised Code is hereby added to read as follows: Ordinance No. 21- Page 1 of 13 Chapter 6.17 UNLAWFUL STUNT DRIVING OR RACE ATTENDANCE Sections: 6.17.010 Definitions 6.17.020 Unlawful race event attendance - Prohibited. 6.17.030 Unlawful stunt driving event attendance - Prohibited. 6.17.040 Unlawful stunt driving - Prohibited. 6.17.050 Motor vehicles involved in racing or stunting subject to impound upon driver's arrest. 6.17.060 Notice of impoundment.. 6. i 7.070 Redemption of impounded vehicles. 6.17.080 Hearing requests. 6.17.090 Post -impoundment hearing procedure. 6.17.100 Administrative fee. 6.17.010 Definitions Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter. (1) "Driving" for purposes of this chapter does not include using a United States Department of Transportation (USDOT) approved autonomous driving or driver -assistance technology in a lawful manner and in accordance with the manufacturer's instructions as contained in the vehicle owner's manual or a similar document. Ordinance No. 21- Page 2 of 13 (2) "Public place" means an area, whether publicly or privately owned, geneyally open to the public and includes, without limitation, , streets, roadways, sidewalks, bridges, alleys._ plazas, parks, driveways, and parking lots. Public place does not include a private licensed race -track, a driver training or exhibition event that is licensed and conducted on private property. (3) "Motor vehicle" includes any vehicle as defined by RCW 46.04.320, including automobiles and motorcycles, whether propelled by an internal combustion engine or electric motor. (4) "Stunt driving" is driving defmcd as any activity where one or more persons engage in any of the following driving behaviors in a_public place: (a) Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the roadway or other surface including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles; (b) Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the roadway or other public place while turning: (c) Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintainina control over it; (d) Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the roadway intended for use by oncoming traffic for a period of time that is longer than zs_masonably required to lawfWly pass another motor vehicle; Ordinance No. 21- Page 3 of 13 (e) Driving_a motor vehicle with -a person in the trunk of the motor vehicle, or (f) Driving a motor vehicle while the driver is not sitting in the driver's seat. (5) "Unlawful race event" means an event in a public place where two or more persons willfully compare or contest relative speeds by peration of one or more motor vehicles. as set forth in RCW 46.61.530. (6) "Unlawful stunt driving event" means an event in a public place where two or more .persons. willfully engaize in stunt driving as defined in this chapter. An event maybe both an "unlawful race event" and an "unlawful stunt driving event" and the two types of events are not mutually exclusive. 6.17.020 Unlawful race event attendance - Prohibited. 1 An person who has actual or constructive knowled e that he or she is in attendance of an unlawful race event. as defined in this chapter, and is present at the unlawful race event with the intent to observe, support, or encourage the unlawful race event is guilty of a misdemeanor. (2) The circumstances that may be considered in determining if a violation of subsection LD of this section has occurred may include, but are not be limited to: (a) The person, by admission, is in attendance of an unlawful race event with the intent to observe or support or encoura e the unlawful race event,• (b) Statements of other persons who are shown to be in attendance of an unlawful race event that provide evidence of intent to observe, support, or encourage an unlawful race event; (c) The person either operates or is a passenger in a motor vehicle that shares the attributes of other vehicles that are in attendance of the unlawful race event or that are engaging in have engaged in an unlawful race Ordinance No. 21- Page 4 of 13 (d) The person either operates or is a passenger in a motor vehicle that is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful race event; or (e) The person has no reasonable alternative purpose for being in the area where an unlawful race event is occurring or has occurred. 6.17.030 Unlawful stunt driving event attendance - Prohibited. (l)ny person who has actual or constructive knowledge that he or she is in attendance of an unlawful stunt driving event, as defined in this chapter, and is present with the intent to observe, supportor encourage the unlawful race event is guilty of a misdemeanor. (2) The circumstances that may be considered in determining if a violation of subsection W of this section has occurred may include but are not limited to: (a) The person, by admission, is in attendance of an unlawful stunt driving event with the intent to observe or support or encourage the unlawful stunt driving event; (b) Statements of other persons who are shown to be in attendance of an unlawful stunt driving event that provide evidence of intent to observe or support or encourage an unlawful stunt driving event; (c) The person either operates or is a passenger in a motor vehicle that shares the attributes of other vehicles that are in attendance of the unlawful stunt driving event or that are engaging in or have engaged in an unlawful stunt driving event: (d) The person either operates or is a passenger in a motor vehicle that is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful stunt driving event; or Ordinance No. 21- Page 5 of 13 (e) The person has no reasonable alternative pumose for being in the area where the unlawful stunt driving event is occurring or has occurred. 6.17.040 Unlawful stunt drivin - Prohibited. Any person operating a motor vehicle in a public place in a manner that constitutes stunt driving, as defined by this chapter, is gWlty of a gross misdemeanor. 6.17.050 Motor vehicles involved in racing or stunting subject to impound upon driver's arrest. Any motor vehicle involved in a violation of this chapter, shall be subject to impound by a police officer if 1 the driver is arrested for a violation of this chapter and 2 the vehicle is located in the public right-of-wqy, or public property, at the time of impound. Police officers will consider reasonable alternatives to impounding a motor vehicle, prior to completing an impound pursuant to this chapter. Any impound will comply with the requirements of RCW 46.55.240, including the remaining sections of this chapter. 6.17.060 Notice of impoundment. 1 The person impounding the vehicle shall rovide the driver of the impounded vehicle with a notice includina the followin (a) The name of the impounding registered tow truck operator, its address, and telephone number; (b) The location and time of the impound, and by whose authority [including the name of the officer or authorized agent of the department} the vehicle was impounded; Ordinance No. 21- Page 6 of 13 (c) A form, approved by the city, which describes the right to and process for vehicle redemption requirements and which describes the process for contesting an impound or the costs of impoundment. (2) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator shall mail a cony of the notice described in subsection 1) of this section by first class mail to the last known address of the le al and registered owners of the vehicle, as mqy be disclosed by the vehicle identification number andlor as provided by the Washington State Department of Licensin . If the vehicle is redeemed prior to the mailing of this notice the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court. (3) The registered tow truck operator or the police department, as applicable, shall provide notice as described in subsection (11) of this section by first class mail to each person who contacts the department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice. then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming, erp son's signature that notice was provided directly to the person redeeming the vehicle. Aproof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court. (4) If the date on which a notice required by subsection (2) of this section is to be mailed falls u on a Saturday. Sunda or postal holiday, the notice ma be mailed on the next day that is neither a Saturday, Suaday, nor a postal hol iday. Ordinance No. 21- Page 7 of 13 6.17.070 Redemption of impounded vehicles. Vehicles impounded by the city in accordance with this title, as now or hereafter amended, shall be redeemed only under the following circumstances: (1) Only the he registered owner, a person with authorization from the registered owner, or one who has purchased the vehicle from the registered owner and who produces proof of ownership or authorization from the registered owner and signs a receipt the_refar, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this title must, prior to redemption, establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020, and pay a $100.00 administrative fee to the municipal court, and obtain a receipt for release from the municipal court. 2 An person so redeeming a vehicle impounded by the city shall pay the towing contractor for the costs of irn oundment prior to redeeming such vehicle. 6.17.080 Hearing rep nests. Any person seeking to redeem a vehicle impounded as a result of a violation of this chapter has a rijqht to a hearinginWay municipal court to contest the validity of an impoundment or the amount of removal, towing, and storageges and any administrative fee if such request is made in writing, in a form approved by the mayor and signed b, s�person, and received by the municipal court within 10 days (including Saturdays, Sundays, and holidqys) of the date the notice was given to such person by the person impounding the vehicle or if the person seeking to contest the impound validity was not the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was mailed by the r4stered_tow track_ operator. Such hearing shal I be provided as follows: Ordinance No. 21- Page 8 of 13 (1) If all of the requirements to redeem the vehicle have been satisfied, then the impounded vehicle shall be released immediately, and a hearing shall be held within 90 days of the written request for hearing. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the 90-da period. �2} If not all the requirements to redeem the vehicle have been satisfied, then the impounded vehicle shall not be released until after the hearing, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the municipal court for the hearing unless good cause as to the reason(s) for any delay is shown. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the two-dqy period. (3)Arny person seeking a hearing who has failed to request such hearing within the time specified in this chapter mqy petition the municipal court for an extension of time to file such a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, "good cause" shall be defined as circumstances beyond the control of the person seeking the hearing. In the event such extension is granted, the person receiving such extension shall he granted a hearing in accordance with this title. (4) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fees are deemed to be proper, and the city shall not be liable for removal towin , and storage char es arising from the im oundinent. Ordinance No. 21- Page 9 of 13 6.17.090 Post -impoundment hearing procedure. Hearings requested pursuant to this chapter shall be held by municipal court judge, who shall determine whether the impoundment was proper and whether the associated removal, towing storage, and administrative fees were proper. (1) At the hearing, an abstract of the driver's driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver's license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, Department of Licensing vehicle registration records of the impounded vehicle are admissible without further evidentiary foundation and are prima facie evidence of the identity of the registered owner of the vehicle. (2) If the impoundment is found to be proper, the municipal court judge shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage) and administrative fee have not been paid, the municipal court judge's order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed under this chapter. The municipal court judge shall grant time payments only in cases of extreme financial need and where there is an effective guarantee of pUllIent. In any event time p4yments shall not be granted if the person seeking time payments had failed to fully comply with the requirement to make any time payments previously granted under this section. In the event time payments are ranted the city shall advance the costs of impoundment to the towing com an . (3) If the impound is found to be improper, the municipal court judge shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already_ Ordinance No. 21- Page 10 of 13 been paid, the municipal court judge shall enter judgment against the city in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment. (4) In the event that the municipal court judge finds that the impound was proper, but that the removal, towing, storage, or administrative fees charged for the impound were improper, the municipal court judge shall determine the correct fees to be charged. If the costs of impoundment have been paid. the municipal court judge shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of any overpayment. (5) No determination of facts made at a hearing under this section_ shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution. 6.17.100 Administrative fee. An administrative fee of $100.00 shall be levied upon each vehicle redeemed under this Chapter. The fee shall be remitted to the municipal court. The fee shall be for the purpose of offsetting, the extent practicable, the cost to the city of implementing, enforcing, and administering - the provisions of this chapter and shall be deposited in an appropriate account. Section ?. 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 Ordinance No. 21- Page 11 of 13 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. PASSED by the City Council of the City of Federal Way this day of r� [signatures to follow] Ordinance No. 21- Page 12 of 13 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. 21- Page 13 of 13