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05-18-2021 Council Minutes - Regular,� CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting May 18, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER, Mayor Ferrell called the meeting held remotely to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember 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. Proclamation: Asian American/Pacific Islander (AAPI) Heritage Month — May 2021 Councilmember Craft read and spoke to the importance of this proclamation recognizing the Asian American and Pacific Islander communities and their valued contributions to the city and region. COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO ADD ITEM 6F UNDER COUNCIL BUSINESS ENTITLED "AUTHORIZATION TO SEEK AND ACCEPT GRANT FUNDING: COMMUNITY LITTER CLEANUP PROGRAM; SECOND BY COUNCILMEMBER MOORE. 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 b. Proclamation: Older American's Month — May 2021 Councilmember Kochmar read and presented the Older Americans Proclamation to Senior Advisory Commission Chair Debbie Harvey. c. Proclamation: Public Works Week — May 16-22 Councilmember Baruso read and presented the Public Works Week proclamation to Public Works Director EJ Walsh. Federal Way City Council Regular Minutes Page 1 of 8 May 18, 2021 d. Proclamation: Police Week — May 17-21 Council President Honda read and presented the Police Week Proclamation to Federal Way Police Chief Andy Hwang. e. Legislative Wrap-up: Mayor Ferrell invited Senator Claire Wilson, Representative Jesse Johnson, and Representative Jamila Taylor to provide updates on legislation that passed in the last session and important issues they are working on for the 30th Legislative District. State Lobbyist Jim Hedrick was also present for the discussion however had to leave the meeting prior to providing an update. Councilmembers all thanked the legislators for their work and accomplishments; they are looking forward to the next session. f. Mayor's Emerging Issues and Report O Covid-19 Update Deputy Police Chief and Acting Emergency Manager Kyle Sumpter provided an update on COVID-19 related issues. He noted per the Governor's latest announcement the state is set to fully reopen by June 30. Washington State is currently at 57% for vaccinations. He also clarified the Governor has lifted social distancing and mask requirements for those that are fully vaccinated with the exception of in a health care setting, public transportation, and airports and airplanes. King County Public Health is asking all people to continue to wear masks in public spaces; this may become a public health order in King County. • Hazard Pay Grant Program Update Government Affairs Coordinator Steve McNey updated Council on the yet to be formed Hazard Pay Grant Program. He noted staff is working to start up the grant program as soon as possible; he further clarified there would be an amendment at the next regular meeting to the Hazard Pay Ordinance to correct the definition of "small grocery stores". Councilmembers thanked Mr. McNey for the update and asked various clarifying questions including the information on the enforcement mechanism for the additional pay requirement. Council President Honda was concerned many stores were not informed of this ordinance. O Upcoming Community Events Mayor Ferrell announced the Multi -Service CenterAnnual Crab Feed will be held on June 5; he also noted the next Highline Forum will be 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): Chair Kochmar shared the next meeting is June 8 and will be held via Zoom. Land Use/Transportation Committee (LUTC): Chair Baruso announced the next Federal Way City Council Regular Minutes Page 2 of 8 May 18, 2021 meeting is June 7 and will be held via Zoom. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran shared the next meeting is May 25 on zoom and facilitated by Kochmar. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson announced June 9 is next meeting and last week was Economic Development Week. Regional Committees Report (PIC): Councilmember Moore had no report sharing the PIC does not have a meeting in May and next meeting is in June. Council President Report: Council President Honda reported on the Board of Health meeting and the rescheduling of Coffee with Council. 4. PUBLIC COMMENT Bob Drake spoke in opposition to adding additional police oversite stating that it could negatively impact our police force and cause qualified officers to leave for other cities. TraeAnna Holiday requested that American Rescue Plan Act funds be allocated to black -led initiatives and solutions to fill gaps in services. Julien Loh spoke on behalf of PSE regarding agenda item 6a; sharing that PSE is eager to be a part of the Climate Action Planning process. Mr. Loh also spoke on PSE's COVID Bill Assistance Program which helps customers who are facing financial hardship as a result of COVID with their energy bills. Cheryl Hurst shared her opinion that enhancing the Chief's Call could be an alternative to an oversight committee. She would like to see an increase in the number of officers the city has currently. Ms. Hurst also requested a step by step report on how and where the Proposition One funding has been spent. Allison Fine raised awareness for the upcoming Pride Month noting the flag will be raised at City Hall on June 1; she would like to see the City Council and community come out in support. Ken Blevins acknowledged National Police Week and shared his opinion that we need to support our city's police force and also encouraged encampment cleanup. Thirty-six (36) letters from individuals (listed in alphabetical order) were read into the record by the City Clerk. All expressed opposition to the possibility of a proposed police accountability/ oversight board as discussed in the PRHSPS Council Committee. Andrea Graham Grace Lubrano Anna Patrick Jim Baker Anne Toppano Joni Ferson Barbara Julia Fleischer Hernandez Ken Moffat Brenda MacRae Kenneth Pratt Carrie BeSerra Kevin Tedrick (&) Charae Ashcraft Rae Lynn Tedrick Collette Bodily Kristine Arriola Craig Alberts Marie & Kevin Gage Darren Reynolds Melissa Havili Donald Hilt Mike Shawver Gloria Trinidad Nancy Chapman Patti Berry Richard Fiegel Roger Flygare Ron Van Horn Sarah Nelson Sarah Schukantz Scott Chase Shane Peterson Sharon Sloan Susan Wilson Traci & Doug Whiting Yvette Downs Federal Way City Council Regular Minutes May 18, 2021 Page 3 of 8 At 8:35 p.m. Mayor Ferrell announced the Council would recess for a ten (10) minute break; Council reconvened at 8:45 p.m. 5. CONSENT AGENDA 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 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) (APPROVED RES. #21-808 h. Resolution: Setting a Public Hearing Date for the 2022-27 Transportation Improvement Plan (June 15, 2021) /APPROVED RES. #21-809 i. Valley Communications Service Level Agreement for Emergency Communication Services COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH I ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Climate Action Planning Government Affairs Coordinator Steve McNey was joined by local residents Mark and Cindy Piennett who briefed the Council on their involvement with the Seattle -King County League of Women Voters' City Climate Action Committee. Mr. McNey has met with Mr. and Mrs. Piennett to formulate options to create a climate action plan for the City. Mr. McNey stated if the community joins together to create a Climate Action Plan it will empower the public to engage and bring about meaningful change in general behaviors to reduce carbon emission. Mr. and Mrs. Piennett reported the Seattle -King County League of Women Voters are working in twenty medium and larger cities where 75% of the carbon emission are accounted for. They presented the Five Climate Action Steps for Federal Way which include: 1. Understand Federal Way's Emissions 2. Determine Federal Way's Level of Commitment: Set Goals 3. Develop a Climate Action Plan Tailored for Federal Way 4. Identify and Implement Emissions Reduction Actions 5. Measure and Report Progress Federal Way City Council Regular Minutes Page 4 of 8 May 18, 2021 The presentation also referenced local jurisdictions with Sustainable/Climate Action Plans including Bellevue, Kirkland, Mercer Island, Shoreline, Redmond, and Seattle. Council thanked Mr. McNey and Mr. and Mrs. Piennett for the information and presentation asking clarifying questions regarding incentives for people to change behaviors and measurable outcomes. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSAL TO CREATE A CLIMATE ACTION PLAN FOR PRESENTATION TO COUNCIL BY SEPTEMBER 7, 2021; SECOND BY COUNCILMEMBER MOORE. 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 b. Senior Commission Appointment — no action taken c. Ethics Board Appointments COUNCIL PRESIDENT HONDA MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE ETHICS BOARD: SHAQUINA DAVIS TO A VOTING POSITION WITH A TERM TO EXPIRE JUNE 30, 2023; KAREN KIRKPATRICK TO A VOTING POSITION WITH A TERM TO EXPIRE JUNE 30, 2024; AND LARISSA LINCOLN TO AN ALTERNATE POSITION WITH A TERM TO EXPIRE JUNE 30, 2024; SECOND BY COUNCILMEMBER CRAFT. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes d. Arts Commission Appointment Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes COUNCILMEMBER KOCHMAR MOVED TO APPOINT ANGELA NEUBAUER TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2023; SECOND BY COUNCILMEMBER CRAFT. 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 e. Lodging Tax Advisory Committee Appointment COUNCILMEMBER ASSEFA-DAWSON MOVED TO APPOINT EDGARDO MIRASOL TO THE LODGING TAX ADVISORY COMMITTEE TO A VOTING/COLLECTING POSITION WITH A TERM TO EXPIRE OCTOBER 31, 2021; SECOND BY COUNCILMEMBER MOORE. 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 Federal Way City Council Regular Minutes Page 5 of 8 May 18, 2021 f. ADDED ITEM** Authorization to Seek and Accept Grant Funding: Community Litter Cleanup Program. Public Works Director EJ Walsh presented information on a grant opportunity the city was made aware of recently from the Department of Ecology for local jurisdictions to contract for litter service. He noted this is a limited grant and the funds could be used to fund litter services on the freeway access ramps where city staff are not allowed to access for these services. The total grant amount for this pilot program is $250,000 with a maximum per each jurisdiction of $40,000. He clarified there is no match or requirement other than program administration. Council thanked Mr. Walsh for this presentation and information. He provided clarification regarding the length of service expected for this total dollar amount ($40,000) and that the city would go out for bids for a contractor to provide scheduled service based on the total amount of funds on a weekly or monthly basis. COUNCILMEMBER BARUSO MOVED TO AUTHORIZE STAFF TO APPLY FOR AND ACCEPT GRANT FUNDING FOR A COMMUNITY LITTER CLEANUP PROGRAM AND TO ENTER INTO RELATED AGREEMENTS FOR RECEIPT AND EXPENDITURE OF GRANT FUNDS; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 7. ORDINANCES First Reading a. Council Bill #803/Ordinance: FWRC Chapter 4.05 Park Requlation 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, 4.05.390, 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, 02428, 04-464, 06-530, 07-572, 09-593, 09-597, AND 09-617) Parks Director John Hutton provided information on the Park Regulations Code Update. He noted many of the updates include miscellaneous housekeeping items including regulations regarding drug use; expulsion from the parks; refuse and storage of property; and sound amplification. The update also includes new regulations for issues such as drones, electric assisted bicycles, and devices which were not addressed in previous versions. Council thanked Mr. Hutton for the presentation and the work of the staff and Parks Commission. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 1, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER MOORE. Federal Way City Council Regular Minutes Page 6 of 8 May 18, 2021 The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes b. Council Bill #80410rdinance: Reaulatirm 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. Federal Way Police Commander Ray Bunk provided information on the proposed ordinance to address dangerous street racing and stunting. He also reported race spectators bring additional problems often including drugs and guns. At times these non -sanctioned events have blocked intersections and created dangerous circumstances in the city. He stated ordinances similar to this have been enacted in other jurisdictions and they have seen a downward trend in these activities. Commander Bunk also reported working with Joint Base Lewis McCord on those who are living on base and participating in these illegal events. Council thanked Commander Bunk for his presentation and asked various clarifying questions. No public comment was provided. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 1, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Kochmar provided no report. Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes COUNCILMEMBER MOORE MOVED TO SUSPEND COUNCIL RULES TO ALLOW THE MEETING TO CONTINUE PAST 10:00 P.M.; COUNCILMEMBER BARUSO 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 Councilmember Moore appreciated the comments regarding the topic of police accountability; he stated it is the Council's job is to listen and study these issues. He recently toured the wooded area Federal Way City Council Regular Minutes May 18, 2021 Page 7 of 8 near S 348th Street and is concerned with the amount of garbage and needles in the area located adjacent to the Hylebos Creek. He appreciated the discussion tonight on climate action and believes it is important to take action. Councilmember Craft welcomes all input and thanked everyone for providing comments tonight, she clarified some concerns expressed during public comments. She acknowledged Asian American and Pacific Islander (AAPI) Month and encouraged residents to shop local in Federal Way and frequent those small AAPI businesses to try something new. Councilmember Tran had no report, however publicly congratulated his daughter for graduating the Master's program at Yale University; he and his wife are beyond proud of her accomplishment. Councilmember Baruso also thanked everyone for providing public comment. He acknowledged his colleagues in public service and EMS specifically for Emergency Medical Services Week. He urged everyone to continue to wear masks as he has known several colleagues. contract COVID after receiving the vaccine. Councilmember Assefa-Dawson felt this was a great meeting; she also clarified the intent for the Police Accountability study session is to have the discussion. She congratulated Councilmember Tran on his announcement and acknowledged her son's recent acceptance to Columbia Medical School with a full -ride scholarship and her middle son's achievement with this Masters Degree. Council President Honda thanked those who participated in the citizen commission interviews tonight. She acknowledged Armed Forces Day and thanked those serving including her son-in-law who will be soon relocating overseas and her adopted daughter who just left for basic training. In light of the many concerned comments heard tonight, she clarified the Council Rules of Procedure allow for a special meeting to be called by two councilmembers. She stated there has been a special meeting scheduled for June 1 at 5:00 p.m. at the request of two councilmembers regarding a Police Accountability Board. She congratulated both Councilmember Tran and Councilmember Assefa-Dawson, and further provided information regarding the Make Music Event in June, which is sponsored by the Lion's Club. 9. EXECUTIVE SESSION 0 P�rc) e4ty-AGq iisitinn P irsuap RC;1A A'J 30 1190)(b) _ not needed 10.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:16 p.m. Attest: kDaftQ-6DAW Stdphlanie Courtney City Clerk Approved by Council: p01' al Federal Way City Council Regular Minutes Page 8 of 8 May 18, 2021