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06-15-2021 Council Packet - Regular
CITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting June 15, 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 ALLEGIANCE 3. PRESENTATIONS a. Juneteenth Proclamation, Flag Raising and Celebration b. Proclamation: Make Music Federal Way c. Mayor's Emerging Issues and Report • City Hall Reopening Plan — John Hutton and Steve McNey • COVID-19 Update- Deputy Chief Kyle Sumpter • July 4th Fireworks Safety and Enforcement Plan — Deputy Chief Kyle Sumpter • Community Events: FUSION Poverty Bay Cafe Grand Opening on June 19 • Recent Events: 58th Annual Marine Hills Parade (6/5), K4C Elected Leaders Work Session (6/3) • King County Potential Shelter — Hotel Acquisitions — Sarah Bridgeford, Community Services Manager d. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to COUNCIL(o)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. 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. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: June 1, 2021 Regular and Special Meeting Minutes b. Horizontal Curve Warning Signs — Final Acceptance c. 2021 Comprehensive Plan Amendments — Selection Process 6. PUBLIC HEARING a. Resolution/2022-2027 Transportation Improvement Plan (TIP) • Staff Report: Rick Perez, City Traffic Engineer • Public Comment: 3 minutes each • Council Discussion/Questions 7. COUNCIL BUSINESS a. Authorization to use American Rescue Plan Act Local Fiscal Recovery Fund to hire temporary positions for grant management of ARPA funds b. Police Body Worn Camera (BWC) Program c. Confirmation of Finance Director 8. ORDINANCES First Reading a. Council Bill #808/Repealing the Criminalization of the Possession of Drug Paraphernalia in Response to State Preemption on the Subject AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CRIMINAL POSSESSION OF DRUG PARAPHERNALIA; REPEALING FEDERAL WAY REVISED CODE SECTIONS 6.10.040, 6.10.050, AND 6.10.060. (REPEALING ORDINANCE NOS. 99-362 AND 91-89) • Staff Report: Ryan Call, City Attorney • Public Comment: 3 minutes each • Council Discussion/Questions Council Bill # 809/Repealing the Criminalization of the Possession of a Controlled Substance in Response to State Law Preempting the Subject AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CRIMINAL POSSESSION OF CONTROLLED SUBSTANCES. (REPEALING ORDINANCE 21-911) • Staff Report: Ryan Call, City Attorney • Public Comment: 3 minutes each • Council Discussion/Questions 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. Second Reading/Enactment c. Council Bill #805/ 2021-2022 Biennial Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (Amending Ord No. 20-903) Council Bill #806/ Amending Utility Tax Rebate Program AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVING FOR UTILITY TAX REBATE TO LOW-INCOME CITIZENS; AMENDING FWRC 3.10.230 and 3.10.240 (Amending Ord Nos. 06-535 and 03-436) 9. COUNCIL REPORTS 10. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 11.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. CIT VZ�4: �L Federal Way PROCLAMATION "Juneteenth Week" WHEREAS, our country is made up of people from every nation on earth, who are declared equal not only in freedom, but also in justice, both of which are essential for a healthy and productive civilization; and WHEREAS, our nation was conceived on July 4th, 1776, with the Declaration of Independence; that boldly and historically proclaimed: "We hold these truths to be self- evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness"; and WHEREAS, at 2:00 p.m. on New Year's Day, January 1, 1868, using his war powers as President, Abraham Lincoln signed the Emancipation Proclamation, providing that all enslaved people within any State currently in rebellion or designated part of a State "shall be then, thenceforward, and forever free;" and WHEREAS, The Emancipation Proclamation made the permanent abolition of slavery a Union war aim and provided the legal framework for the emancipation of nearly all four million enslaved peoples as the Union armies advanced; and WHEREAS, hearing of the Proclamation, many enslaved people escaped to Union lines as the army units moved south; and WHEREAS, on June 19, 1865, almost two and one-half years later, Major General Gordon Granger arrived in Galveston, Texas, and announced the end of both the Civil War and slavery. With this announcement: "The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property, between former masters and slaves, and the connection heretofore existing between them, becomes that between employer and hired labor. The Freedmen are advised to remain at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts; and they will not be supported in idleness either there or elsewhere"; and WHEREAS, Texans began the celebration of Juneteenth in 1866, with community events such as parades, cookouts, prayer gatherings, musical performances, and historical cultural readings; some communities purchased land for Juneteenth celebrations, such as Emancipation Park in Houston, Texas; and as freed families emigrated from Texas to other parts of the United States, they carried the Juneteenth celebration with them; and WHEREAS, Juneteenth is a day held in high importance for our African American brothers and sisters and is known as America's "Second Independence Day," and WHEREAS, starting on June 19th, 2022, Juneteenth will become an official state holiday in the State of Washington; and WHEREAS, the City of Federal Way is proud to celebrate this important national day of freedom and is committed to creating a more just, inclusive, and equitable community; and WHEREAS, in Federal Way, our residents have been organizing community -wide Juneteenth activities with this year representing our second annual Juneteenth Flag raising ceremony and celebration. NOW, THEREFORE, We the undersigned Mayor and Council of the City of Federal Way, do hereby proclaim June 19th, 2021, as Juneteenth in Federal Way, Washington, and encour- age our community to celebrate this important holiday with friends and family, remembering the sacrifices of so many who have come before to ensure all Americans remain free! SIGNED this 15th day of June, 2021 FEDERAL WAYMAYOR AND CITY COUNCIL Ferrell, Mayor ZI L a Assefa-D son, Councilmember *AA- Hoang V. Tran, Councilmember MaCtin A.' Moore, Councilmember Susan Honda, Council President Gig so, Councilmember Leandra Craft, Councilmember b'nyla Koch mar,)Councilmember CITY OF 4:� �4 Federal Way PROCLAMATION "Make Music Federal Way Day " June 21, 2021 WHEREAS, Make Music Federal Way is a one -day festival on the first day of summer that celebrates the ability of everyone to make music, presented locally by the City of Federal Way, the Federal Way Lions Club, the libraries located at 820th Street and 1st Avenue South, and the Federal Way Arts Commission, WHEREAS, Make Music Federal Way is a day of music -making in public spaces all through- out the City of Federal Way, all completely free for musicians and audiences alike, and WHEREAS, the third annual Make Music Federal Way will be celebrated on Monday, June 21, 2021, inspired by France's national musical holiday, " Fete de la Musique," that started in France in 1982 and is now an international phenomenon that takes place in more than 1,000 cities in 120 countries, and WHEREAS, Make Music Federal Way joins a national group of "Make Music" cities that in- cludes New York, Los Angeles, Chicago, Detroit, and Philadelphia, and WHEREAS, Make Music Federal Way involves musicians, bands, and ensembles from a di- verse array of styles and genres, creating an opportunity to unite through the language of mu- sic, and WHEREAS, on June 21, 2021, Make Music Federal Way will celebrate its third event as peo- ple of all ages, musical genres, and ability levels (from students and amateurs to professionals) gather at the PAEC Plaza from 4 pm to 8 pm, and throughout the day in the City of Federal Way to engage in music making, and NOW THEREFORE, we, the undersigned Mayor and Council of the City of Federal Way, do hereby proclaim June 21, 2021 as "Make Music Federal Way Day", and encourage all citizens of the City of Federal Way to celebrate the joy of making music. SIGNED this 15th day of June, 2021. FE0EN L WAYMAYORAAD QTYCOUNCU ll"4, Jim FaTTell, Mayor S4san Honda, Council President Loa AsWa-DaUtsorVCounallmember Hoang V. Tran, Councilmember L 2=:= . Alartin A. Moore, thondrnmber Gr'&gqftrfiso, Councilmember Leandra Craft, Councilmember 09a Kochmar ouncilmember .,........ .....,_... ........ _ - -- COUNCIL MEETING DATE: June 15, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the June 1, 2021 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: N 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 June 1, 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: Committee Council 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 # ,� Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting June 1, 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: PRIDE Month — June 2021 Mayor Ferrell read and presented the PRIDE Month Proclamation to Allison Fine, FWPS Teacher Daniel Harada, and Senior Advisory Commissioner Catherine North. He recognized the importance of an inclusive community and referenced the flag raising event held at City Hall earlier in the day. Ms. Fine, Mr. Harada, and Ms. North all thanked the Mayor and Council and provided personal comments on how meaningful it is to feel represented in the community. b. Proclamation: Flag Day — June 14 Council President Honda read and presented the Flag Day Proclamation to Soroptimists Linda Persha and Linda Staples. Ms. Persha and Ms. Staples thanked the Mayor and Council and acknowledged the virtual event happening this year to recognize Flag Day. c. Mayor's Emerging Issues and Report • COVID-19 Update Policy Advisor Bill Vadino provided updated information from the county regarding positive testing results and the percentage of King County residents who have received at least one dose of the vaccine. He noted as more individuals receive vaccinations the rates of infections and hospitalizations are dropping. Federal Way City Council Regular Minutes Page 1 of 9 May 18, 2021 • Upcoming Events Mayor Ferrell announced there will be a Juneteenth flag raising event at City Hall on Friday, June 18 at 1:00 p.m. and he encouraged attendance. He noted he would be attending the K4C (King County -Cities Climate Collaboration) Elected Official Meeting on Thursday, June 3 at 1:30 p.m., and noted this Saturday, June 5 will be the 58th Annual Marine Hills Parade. • Recent Events Mayor Ferrell reported the Highline Forum was held on May 26 and the Make Music Federal Way Breakfast was hosted by the Lions Club at Jimmy Mac's Roadhouse on May 22. The Phenomenal She Fishing Tournament was a great community event on May 29. d. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported on items which passed through the May 11 committee meeting and noted items which would be discussed at the upcoming June 8 meeting including body worn cameras and repealing ordinances due to state preemption. Land Use/Transportation Committee (LUTC): Chair Baruso announced the next meeting is June 7 and will be held via Zoom. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported on the approved items from the May 25 meeting and noted the next meeting will be June 29 via Zoom. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the next meeting will be Wednesday, June 9. Regional Committees Report (PIC): Councilmember Moore reported the meeting in May was canceled. The next meeting has been scheduled for June 9. Council President Report: Council President Honda discussed that Council Rules of Procedure allow special meetings and study sessions to be called by two Councilmembers. She also referenced Coffee with Council was cancelled due to the inability to meet in person; this event will be rescheduled when City Hall is re -opened and will be held in Council Chambers. 4. PUBLIC COMMENT Laura Belvin spoke as the Safe City Administrator for her neighborhood. She shared her appreciation for the Police Department and the City Council for the actions they have taken to hear concerns and for the development of police substations as well as the development of the Safe City program. Lastly, she cautioned council not to overburden the police with unnecessary oversight. TraeAnna Holiday spoke in favor of additional police oversight sharing the input of non -elected citizens is valuable. Federal Way City Council Regular Minutes Page 2 of 9 May 18, 2021 Sanetta Hunter spoke in favor of a police oversight board claiming accountability boards are necessary and effective.. Trenise Rogers shared from an interview that took place between her daughter and Deputy Chief Neal in June 2020. Allison Fine feels the comments regarding the special meeting are not a fair representation of the entire Federal Way community. Ms. Fine also shared her desire to see the Chiefs Call include room for input from the community. Cynthia Ricks-Maccotan addressed youth arrests in Federal Way and concerns regarding disproportional youth of color in the juvenile justice system. Letters from individuals (listed in alphabetical order) were read into the record by the City Clerk. All letters expressed opposition to the possibility of a proposed police accountability/ oversight board: Amy Behope Dawn Tecklenburg Anna Pagel Debbie Sabin Anna Patrick Jacquelyn Stewart -Copley Anne Hatch Jeannie VanVleet Belinda Swank Jeff Coop Bob Drake Jim Stiles Bruce Tecklenburg Joleen Bedwell Carol Fraley Joni Ferson Carol Stanley Kaelyn Swank Casey Jones Katy Clavin Charae Ashcraft Larry Huisinga Chris & Linda Nicosia Liz Caley Dan & Joan Pekarek Mary Herman Dan Larson Melinda Currie Dane Bergman Michael Silvers David Zumwalt Nancy Justice Additional letters were read into the record as follows: Pam Schneider Quentin Morris Renise Jones Richard Conant Robert & Patricia Berry Scott Chase Sharon Sloan Sheila Christy Sonia Lopez Terrill Kebelac Terry Cook Terry Thomas Tony Pagliocco Virginia McManus Vitaliy Piekhotin Donna Arnold regarding the degradation of Federal way and general safety concerns. Rocky Chopra supporting increased accountability for the police department. Leah Naccarato is concerned for safety, especially in the parks, and supports additional oversight of the police department. Comments received yet not read at the meeting from Grace Lubrano in opposition to the Police Accountability Board. 5. CONSENT AGENDA a. Minutes: May 18, 2021 Regular and Special Meetings b. AP Vouchers 04/16/2021 — 05/15/2021 & Payroll Vouchers 04/01/2021-04/30/2021 c. Monthly Financial Report — April 2021 Federal Way City Council Regular Minutes Page 3 of 9 May 18, 2021 COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A CONSENT AGENDA; SECOND BY COUNCILMEMBER MOORE unanimously as follows: Council President Honda yes Councilmember Craft CouncilmemberAssefa-Dawson yes Councilmember Moore Councilmember Baruso yes Councilmember Kochmar Councilmember Tran yes 6. PUBLIC HEARING Mayor Ferrell opened the public hearing at 8:17 p.m. THROUGH C ON THE . The motion passed yes yes yes At 8:19 p.m., Mayor Ferrell announced the Council would take a brief 10-minute recess. He reconvened the meeting at 8:31 p.m. a. Public Hearing: 2021-2022 Biennial Budget Amendment Finance Director Ade Ariwoola provided information on the 2021-2022 Biennial Budget Adjustment including the total appropriation for the General Fund. He also provided line item information on major funding items in non -general funds. He concluded by noting the budget amendment meets the state requirement. City Council thanked Mr. Ariwoola for his report and asked clarifying questions. No public comment was received. COUNCILMEMBER TRAN MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes CouncilmemberBaruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Clerk's note: Action on this item takes place under Ordinances. 7. COUNCIL BUSINESS a. Resolution/Hazard Pay Grant Program/APPROVED RESO #21-810 Government Affairs Coordinator Steve McNey provided information on the proposed Hazard Pay Grant Program. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION; 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 b. Needle Exchange Policy Group Report Mayor Ferrell and Council President Honda provided information regarding the Needle Exchange Policy Group. The group of community stakeholders was created to address Federal Way City Council Regular Minutes Page 4 of 9 June 1, 2021 concerns regarding a Seattle - King County Public Health needle distribution van in the city. The SCORE (South King County Outreach Referral and Exchange) program is an appointment -only project that meets clients at their residences and does not go to shopping centers or other public locations in the city. After concerns were raised by residents the Mayor requested the county pause the program for thoughtful review. In early April, Director Patty Hayes agreed to pause the program and participate in a public conversation with the community. Due to legal constraints from a Washington State Supreme Court decision in Spokane County Health District v Brockett, the city is limited in the ability to regulate the distribution of needles. Following three (3) meetings of the Needle Exchange Policy Group, Mayor Ferrell forwarded nine (9) requests which emerged from the working group discussion to Public Health Director Hayes. Mayor Ferrell reviewed the nine requests and the response received from Director Hayes. Mayor and Council President Honda continue to be concerned about the proliferation of needles in our community. Mayor Ferrell noted there is also reason to believe there are third party (non -Public Health) needle exchanges happening in the city. The city will continue to monitor the program and evaluate options. Council President Honda thanked the community members who brought their concerns forward and who spent their time in this working group. c. Purchase of Police Getac Laptops IT Director Thomas Fichtner provided information for the purchase of laptops for the Police Department utilizing the State contract. This purchase is funded by both the COVID Grant and City Capital Replacement Reserves. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED PURCHASE OF 21 GETAC LAPTOPS FROM BRITE FOR AN AMOUNT NOT TO EXCEED $92,437.76; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes d. Purchase of Police HP Laptops Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes IT Director Thomas Fichtner provided information on the purchase of fifteen Elite Book Laptops for Police Administration and four (4) HP2 Books for IT staff which will satisfy the remote CJIS compliance issue. This purchase is also using the State contract and COVID Grant Funds. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED PURCHASE OF 19 HP LAPTOPS FROM HP, INC. FOR AN AMOUNT NOT TO EXCEED $42,333.64; 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 June 1, 2021 Page 5 of 9 e. Purchase of Police Radios IT Director Thomas Fichtner provided information on the purchase of police radios from the State contract. These radios are 100% funded by replacement reserves. He will be purchasing a total of ten (10) radios: five (5) mobile in -car radios and five (5) portable on -person radios. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED PURCHASE OF 10 POLICE RADIOS FROM MOTOROLA SOLUTIONS, INC. FOR AN AMOUNT NOT TO EXCEED $40,428.33; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. 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 f. Federal Way Community Center Water Heater Tank Replacement Bid Acceptance Parks Director John Hutton provided information on the water heater tank replacement for the Federal Way Community Center. He noted the bid is higher than expected due to COVID and reported this will be funded from the Operations Budget of the Community Center. COUNCILMEMBER TRAN MOVED TO ACCEPT THE BID FROM NORTHWEST THERMAL HYDRONICS, LLC FOR THE FEDERAL WAY COMMUNITY CENTER WATER HEATER TANK REPLACEMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. 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 8. ORDINANCES First Reading: a. Council Bill #805/2021-2022 Biennial Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (Amending Ord No. 20-903) Finance Director Ariwoola presented information previously during the Public Hearing. No public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 15, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER BARUSO. 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 Federal Way City Council Regular Minutes Page 6 of 9 June 1, 2021 b. Council Bill #806/Ordinance Amending Utility Tax Rebate Program AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR UTILITY TAX REBATE TO LOW-INCOME CITIZENS; AMENDING FWRC 3.10.230 and 3.10.240 (Amending Ord Nos. 06-535 and 03-436) Finance Director Ade Ariwoola provided information on this proposed ordinance which makes modifications to the City's Utility Tax Rebate Program and moves to a flat reimbursement rather than calculating each individual tax -payer's financial information. The program is also expanded from Senior and Disabled citizens to a low-income resident based on HUD annual income guidelines. No public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 15, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes First & Second Reading/Enactment c. Council Bill #807/Ordinance Amendinq Hazard Pav1APPROVFD ORD #21-913 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE DEFINITION OF "SMALL GROCERY BUSINESS" AS RELATED TO HAZARD PAY FOR GROCERY WORKERS IN RESPONSE TO THE EMERGENCY SITUATION CREATED BY COVID-19. (Amending Ord. 21-912) Communications and Government Affairs Coordinator Steve McNey provided information on this item which makes a minor correction to the definition of "Small Grocery Business" to include stores which were intended to be included in the Hazard Pay Grant Program. Council President Honda noted that while she appreciates the grant program expanded to include the businesses previously discussed, she is unclear on the timing of requiring Hazard Pay as the Governor has moved to re -open the state. No public comments were received. COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE TO ALLOW THE MEETING TO CONTINUE PAST THE HOUR OF 10:00 P.M.; SECOND BY COUNCILMEMBER TRAN. 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 COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULE 2.2(H) TO ALLOW FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Federal Way City Council Regular Minutes June 1, 2021 Page 7 of 9 Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes City Clerk Stephanie Courtney read the ordinance title into the record. COUNCIL PRESIDENT HONDA MOVED APPROVAL AND ADOPTION OF THE PROPOSED ORDINANCE; 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 Second Reading/Enactment d. Council Bill #803/Ordinance: FWRC Chapter 4.05 Park_ Regulation Updates/APPROVED ORD #21-914 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, 02-428, 04-464, 06-530, 07-572, 09-593, 09-597, AND 09-617) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOCHMAR MOVED APPROVAL AND ADOPTION OF THE PROPOSED ORDINANCE; 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 e. Council Bill #804/Ordinance: Reaulatina Racing. Stuntina and Unlawful Race Attendance/APPROVED ORD #21-915 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. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOCHMAR MOVED APPROVAL AND ADOPTION OF THE PROPOSED ORDINANCE; 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 Federal Way City Council Regular Minutes Page 8 of 9 June 1, 2021 9. COUNCIL REPORTS Councilmember Assefa-Dawson thanked everyone for a great meeting. She clarified the intent of the Study Session was to explore and understand what the state and other local jurisdictions have done; there was no vote proposed or action expected. Councilmember Baruso appreciated the clarification from Councilmember Assefa-Dawson on the study session and the intent was to gather more information. Councilmember Tran is pleased to be participating in interviewing candidates tomorrow at City Hall for Finance Director as current Director Ade Ariwoola will be retiring. Councilmember Craft thanked everyone who participated in public comment and in the study session and wished everyone a happy PRIDE month. Councilmember Moore shared his thought that each of his colleagues cares about the police officers in their community and their safety. He stated important community conversations are taking place and thanked the public for participating. The study session was on opportunity to become educated on this topic, and everyone wants to city the community strengthened for our children. He wished everyone a Happy PRIDE month and is looking forward to National Night Out. Councilmember Kochmar expressed her thanks to current and former military service members who have fought for our freedom and this country. She feels talking about issues, even when there are differing viewpoints, is healthy and creates opportunities for compromise. She noted there are community groups that have organized and are now picking up litter in the city and she would like to continue the discussion of creating a local shelter. Council President Honda noted as society returns to normal from COVID, she asks for everyone to be kind and gentle with each other. She reported the Board of Health recently passed a Resolution making June 4 Regional Community Safety and Well -Being Day to recognize National Gun Violence Awareness Day. King County has had more gun violence than in previous years and has set up two events (in Skyway and Kent) where they are giving away gun lockboxes. She thanked everyone for a great meeting and is looking forward to getting back to City Hall and allowing people to attend Council Meetings in -person. 10. EXECUTIVE SESSION PGteRtmitfgatiGn p4F&ua-ntAe.-RCV -42-30 14-9(-I-�canceled ,C.011eGItiV9— Fgan;ning irsua„i to or►A 42 30 1 4)( )(b) canceled 11.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:20 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 June 1, 2021 CIT Federal Way CITY COUNCIL SPECIAL MEETING/STUDY SESSION MINUTES Remote Meeting June 1, 2021 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 5:02 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. STUDY SESSION — POLICE REFORM a. Introduction Councilmember Craft thanked everyone for attending the study session; she provided an introduction for the meeting and the intention is to engage in the conversation which is also happening in the region and across the state. She announced the list of speakers who would be providing presentations to the Council. Councilmember Assefa-Dawson also clarified this meeting is not to make recommendations at this point, it is to gather information and become educated and not reactive. She noted many cities including Auburn, Issaquah, Kent and Redmond are having this conversation. b. Presentations Cynthia Ricks-Maccotan and Tirzah Idahosa, representing the Federal Way Black Collective, presented information on their request for increased citizen oversight with the police department and to create a Citizen Police Accountability Board. Sharon Swanson, AWC Government Relations Advocate provided information on the multiple piece of police form legislation that has recently passed and those are being implemented state-wide. Federal Way City Council Special Minutes Page 1 of 2 June 1, 2021 Deborah Jacobs, Police Accountability Consultant spoke to the different options of boards and oversight committees. Dr. Bob McKenzie, Chair, Chief's Call Advisory Board provided information on the purpose and formation of the current Board which works directly with the Police Chief on Police Department issues or community concerns. Federal Way Police Chief Andy Hwang provided feedback on how the department currently operates and works with the citizen group The Chief's Call lead by Dr. McKenzie. He also provided detailed information on the level of service and high standard Federal Way holds, including being CALEA accredited. 4. PUBLIC COMMENT Representative Jesse Johnson spoke in support of a police oversite board stating he feels police are more likely to do the right thing when they know they are being held accountable. He concluded by saying that oversite does not mean that there is a problem with the police department. Jack Walsh shared his disappointment of the time taken to discuss the topic of police oversite and shared a story of the Federal Way Police Department's action to save a man that had collapsed in his business. Bob Drake shared his support for the Federal Way Police Department and addressed his concerns that a police oversite board would take away from the police and cause further problems in the community. Ken Blevens spoke in opposition of a police accountability board stating additional accountability is not needed but rather police should be given more ability to do the job required of them. Jacob Green spoke as the chapter president for Washington State's National Organization of Black Law Enforcement Executives (NOBLE) and expressed his support for the Federal Way Police Department. Bobby Jennings shared his definition of accountability stating it equates to safety and should not be confused with defunding or removing police services. Jack ❑ovey reflected on his time as mayor and when he was approached about the Federal Way Police Department becoming CALEA accredited. Mr. Dovey urged council to have a more in-depth presentation on what an accountability board would actually look like and cost. Clerk's Note: Due to the time restrictions, additional public comments were held over to the regular meeting public comment. 5. 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 June 1, 2021 'Wei COUNCIL MEETING DATE: June 15, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HORIZONTAL CURVE WARNING SIGNS - FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the Horizontal Curve Warning Signs project as constructed by Transportation Systems, Inc. as complete? COMMITTEE: Land Use and Transportation MEETING DATE: June 7, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Senior Capital Engineer DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated June 7, 2021. Options Considered: 1. Authorize final acceptance of the Horizontal Curve Warning Signs project as constructed by Transportation Systems, Inc. in the amount of $78,036.60. 2. Do not authorize acceptance of the Horizontal Curve Warning Signs project as constructed by Transportation Systems, Inc. in the amount of $78,036.60 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 15, 2021 City Council Consent Agenda for approl. _ MAYOR APPROVAL: InitiaUDate — Initial/Date DIRECTOR APPROVAL: �..._ - Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the June 15, 2021 Council Consent Agenda for approval. 1Ii.&- -�-e L.dyI41 e (-C- tC e 'i-e--i t!--e-opg revi C L &C' 33 Committee Chair th,,rk;,, tie<Committee Member ic" Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Horizontal Curve Warning Signs project as constructed by Transportation Systems, Inc. in the amount of $78, 036.60. " (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: June 7, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E. Public Works Director John Mulkey, P.E., Senior Capital Engineer SUBJECT: Horizontal Curve Warning Signs — Final Acceptance Financial Impacts: The cost to the City for the Horizontal Curve Warning Signs was included within the approved budget under capital project #218. In accordance with the approved budget this project is funded by a Federal grant in the amount of $323,800 and the remainder in miscellaneous Capital Street funds (Motor Vehicle Fuel Tax (MVET) and real Estate Excise Tax REET.) Ongoing costs associated with operations and maintenance will be performed and funded through traffic sign maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project collected data, determined and installed the appropriate signage to upgrade to current MUTCD standard curve warning signs citywide. Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The Horizontal Curve Warning Signs contract with Transportation Systems, Inc. is complete. The final construction contract amount is $78,036.60. This is $8,819.40 below the $86,856.00 (including contingency) budget that was approved by the City Council on May November 17, 2020. This project was funded with a Federal Grant, including 100% of construction costs and Miscellaneous Capital Street fund transfers (MVET/REET). Rev. 6/2019 5C COUNCIL MEETING DATE: June 15, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SELECTION PROCESS: 2021 AMENDMENTS TO THE COMPREHENSIVE PLAN POLICY QUESTION: Should either of the two proposed Comprehensive Plan Amendments be placed on the final docket for further review by staff and consideration by the Planning Commission? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 7, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, Planning Manager DEPT: Community Development Attachments: March 25, 2021, Staff Report to the LUTC Options Considered: 1. Recommend both proposed amendments for placement on the final docket for evaluation by staff and consideration by the Planning Commission. 2. Recommend only one of the proposed amendments (requires committee to identijy which of the proposed amendments to move forward) for placement on the final docket for evaluation by staff and consideration by the Planning Commission. 3. Recommend neither of the proposed amendments be placed on the final docket. MAYOR'S RECOMMENDATION: Option 1, above. MAYOR APPROVAL: tol 1191 Initial/Date Qvp DIRECTOR APPROVAL: May 26, 2021 Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the June 15, 2021, City Council consent agenda for approval. I/� �- ��e � � -- ret,-t � e 4 � c_ � � Cc,�ri-� eu"ct�c e ✓�'� �--��� C� ✓t -� ����, c � Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Mayor's recommendation to place both proposed amendments on the final docket for evaluation by staff and consideration by the Planning Commission. " (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 — 11/2020 RESOLUTION # CITY OF Federal ay Cenr&w Dalle: May 25, 2021 Meeting Date: June 7, 2021 To: Greg Baruso, Chair Department of Community Development 33325 8"' Avenue South Federal Way, WA 98003-6325 253-835-2607 www.cityoffederalway com Jim Ferrell, Mayor Land Use and Transportation Committee From: Brian Davis, Director of Community Development Keith Niven, AICP, CEcD, Planning Manager Becky Chapin, Senior Planner Natalie Kamieniecki, Associate Planner Subject: Selection Process: 2021 Comprehensive Plan Amendments I. Policy Question Should either of the two proposed Comprehensive Plan Amendments be placed on the final docket for further review by staff and consideration by the Planning Commission? II. Background The city received two requests from property owners for consideration as part of the 2021 Comprehensive Plan Amendment docket. Each proposal is summarized below: Proposal 1— Bally's Fitness Center (see Exhibit 1) Applicant's Request: The applicant states that there is not market demand for a health and fitness club at this location. Demand for housing is rapidly increasing within the city and region resulting in a lack of diverse housing options and lack of housing inventory. File Number: 20-103733-UP Parcel No's.: 172104-9038 Applicant: Weidner Apartment Homes Agent: ESM Consulting Engineers, LLC Owner: First Avenue South Apartments, LLC Address: 32818 VY Avenue South Location: Southeast intersection of 15Y Avenue South and South 3281h Street Size: 6.00 acres Existing Land Use: Vacant Health Club Existing Comprehensive Plan: Office Park Existing Zoning: Office Park (OP) Requested Comprehensive Plan: Multi -Family Requested Zoning: Multi -Family Residential (RM1800) LUTC Page 1 of 7 Selection Process: 2021 Comprehensive Plan Amendments Proposal — Steel Lake Viewpoint (see Exhibit 2) Applicant's Request: With the light rail expansion coming to Federal Way, Steel Lake is an excellent spot for urban professionals and families who will need access to downtown Seattle for employment but are otherwise priced out of the local real estate market. File Number: 20-103849-UP Parcel Nos.: 092104-9199 and 092104-9012 Applicant: Dave Henry, BCI Pacific Owner: Ed Kim, Steel Lake Homes, Inc Address: 1931 South 304th Street Size: 5.88 acres Existing Land Use: Parcel 092104-9012 (Vacant), Parcel 092104-9199 (Single Family) Existing Comprehensive Plan: Single Family High Density Residential Existing Zoning: Single Family Residential (RS 7.2 and RS 5.0) Requested Comprehensive Plan: Multi -Family Requested Zoning: Multi -Family Residential (RM1800) III. Comprehensive Plan Amendments The City of Federal Way accepts applications for map and text amendments to the comprehensive plan annually for consideration in amending the city's comprehensive plan. The Washington State Growth Management Act (GMA) allows comprehensive plan amendments only one time per year. Any interested person, organization, agency, or business may submit suggestions, proposals, or requests to the city for changes to the comprehensive plan, including maps and text. These proposals will be placed on a "proposed" docket for consideration by the City Council (see Exhibit 3). IV. SELECTION CRITERIA Pursuant to Federal Way Revised Code (FWRC) 19.80.080(2) and (3), the City Council shall consider the following criteria in selecting the docketed proposals to be considered during the upcoming cycle: (a) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. Staff Response: These requests were not studied during the last amendment cycle. (b) Whether the proposed amendments are consistent with the overall vision of the comprehensive plan. Staff Response: The following policies from the comprehensive plan are applicable to all properties (Land Use Section 2.6): LUP 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. LUP 9 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning mixed -use, commercial and office areas; and distinctive neighborhood retail areas. LUTC Page 2 of 7 Selection Process: 2021 Comprehensive Plan Amendments LUP 10 Support the continuation of a strong residential community. LUP 11 Evaluate household and employment forecasts on a periodic basis to ensure that land use policies based on previous assumptions are current. LUP 12 Distribute park, urban agricultural sites, and recreational opportunities equitably throughout the City. The proposed amendments are consistent with these general land use policies. (c) Whether the proposed amendments meet existing state and local laws, including the Growth Management Act. Staff Response: The proposed designations and zones exist elsewhere in the city and are consistent with all state and local laws. (d) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. Staff Response: This criterion is not applicable to these requests as they are site -specific requests and not a request for a text amendment. If the request meets the criteria set forth above, it shall be further evaluated according to the following criteria: (a) Whether the proposed amendment can be incorporated into planned or active projects. Staff Response: The two requested amendments cannot be incorporated into other planned or active projects. (b) Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, and other operational factors as determined by the director. Staff Response: The Bally's Fitness Center request is not anticipated to require a large-scale study. The Steel Lake Viewpoint request will require a critical areas review. It is the city's understanding, that the Steel Lake applicant has hired consultants to prepare the reports and the city anticipates peer review and approval of those reports to be completed before the Planning Commission hearing. (c) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response: Both requests may be accommodated in this year's update process with current staffing resources. If any of the requests appear to be taking longer than anticipated, it will be recommended to be rolled over to next year's work program. (d) Order of requests received. Staff Response: The requests were received in the following order: Bally's Fitness Center, then Steel Lake Viewpoint. LUTC Page 3 of 7 Selection Process: 2021 Comprehensive Plan Amendments V. Public Notice and Public Comment Pursuant to FWRC 19.80.170, a notice was published in the Federal Way Mirror on May 28, 2021, and posted on the official city notice boards. Notice was also sent to the owners, applicants, and property owners within 300 feet of the boundaries of the subject properties for each proposal. A second public notice period will be distributed for the public hearing that will occur at the Planning Commission. VI. Mayor's Recommendation The Mayor recommends the City Council move both proposed Comprehensive Plan Amendments (1 and 2) forward for evaluation by staff and consideration by the Planning Commission. List of Exhibits Exhibit 1 Vicinity Map of Site -Specific Request #1— Bally's Fitness Center Exhibit 2 Vicinity Map of Site -Specific Request #2 — Steel Lake Viewpoint Exhibit 3 Diagram of Annual Amendment Process LUTC Page 4 of 7 Selection Process: 2021 Comprehensive Plan Amendments r C n k r� A� N', _tea =• City of Federal Way c :rl Exhibit #1 2021 f Site Specific Requests ok if for Comprehensive Plan and Zoning Designation Changes r., r Bally's Fitness , '�• Center Ballys Legend Athletic Club Site Specific Request StrOLIMS (City Survey) ,r+tF — r . Wetlands (1998 City SurvPy) E—1 Zoning Boundary' .* � �� Nole ,4n asfr•�r"x ,' I I'iext to a : onrn}� ,� � 4 0 • oes+gnaUo:l indicates the properly Is c;uverniAl bf a+lubelupr.ienl aly e.F:n;enl. ,I� N Q 7.50 50.0 Op Feet Federal Way I h s map is ac:.ompanied by oo viarrarities t]rld Fl i�f;J tl'71C I•Ceur@5%n58'=il il" Existing Designations Comprehensive Plan. Single Family High Density Zoning. RS 7-2 (one unit per 7.200 sq. ft) and RS 5.0 (one unit per 5,000 sq. ft.) d*'A Ok Requested Designations Comprehensive Plaw Multifamily Residential Zoning. RIM 1800 (one unit per 1,800 sq. tt.) WTI yr Ir 'ilk, FASYF �a1.\■ r•'rrd�ti ■ lllr• V 40 FLO Exhibit 3: Diagram of Annual Amendment Process Disclaimer: This dioarammotic process is intended to represent the information contained in FWRC 19-80 as well as Administrative policies. City of Federal Way Annual Comprehensive Plan Amendment Process Annual Notice by the C ry on or netore i Au9ust (FWRC i9.80-060) Pre -Application Meeting (FWRC 19-80-090) i Famsal Appimnan Submbral (Pore 1 3 2) Deadline 30 September (FWRC 19.80.050) i Complereness Detertninotion ►� • I Additional information is required —Yd5 Review of Additional Information from Applicant + No Public Notice 14 days [FWRC 19.80.170(2)] Proposed Docket Sent to Council 0, this step City Council --. Docket ( 0) l ■ Dodwted vems not selected Pan 3 Manrfab Submitted Application Materials routed to Staff SEPA Decision 14 days Comment Period Appeal Period 14 days I ry Staff Report Finished I Notice of Public Hearing Stair Report is written Public Hearing with Planning Comminion Repots to City Council I Min 60 days (FWRC 19 80270) Norice to Departrnent of Commerce Max 90 da (FWRC 19.80.260) 1 City Council I' Reading I I — Proposal Fundamentally hlodlwl — •------- TY... ------------------ Final City Council Action i Public Hearing with City Council (if not held at commission) ----------------------------- Min10 days (FWRC 19.80 270) Nonce to Commerce and Interested Parties LUTC Page 7 of 7 Selection Process: 2021 Comprehensive Plan Amendments Me COUNCIL MEETING DATE: June 15, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: RESOLUTION: ADOPTION OF THE 2022-27 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should City Council approve the proposed 2022-27 Transportation Improvement Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 7, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez Attachments: 1. Staff Report 2. Resolution DEPT: Public Works Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOMMEND A DON: option 1. MAYOR APPROVAL: Initial/Date Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution the June 15, 2021 Regular Council meeting for a public hearing. t1 a �lt?�.n+Gs v Ccf LIlC.- ":-l}��0DVL-�ef-r--,TL E 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 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: June 7, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director' Rick Perez, P.E., City Traffic Engineer SUBJECT: Adoption of the 2022-27 Transportation Improvement Plan Financial Impacts: The Transportation Improvement Plan helps inform the budget process on needed roadway capital improvements. The projects listed in the first three years are to be fully funded or have a reasonable chance of having all funding secured. Background 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 reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the draft'plan, which is proposed for the June 15, 2021 Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Attached for your review and comment is the 2022-27 TIP list of projects and a map showingtheir locations. The six -year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan policy TP2.3, which reads, "Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for TIP/Capital Improvement Plan ("CIP") prioritization. Staff also reviewed and analyzed available grant -eligible programs suitable for project programming. Completed Project • SR 99 HOV Lanes Phase V: S 3401h Street — S 3561h St: Add HOV lanes, install raised median, turn lanes at S 348th Street, add sidewalks. Modified Pro'ect • City Center Access Phase 2: South Ramps expanded to include widening S 324th Street between SR 99 and 23rd Avenue S to 5 lanes, constructing multi -use path, and adding 2nd Rev, 6%2019 January 8, 2018 Land Use and Transportation Committee Amended 2018-2023 Transportation Improvement Plan Page 2 left -turn lanes on SR 99. Proposed New Pro'cet S 348t' Street: 9t' Avenue S — SR 99: overlay. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, adopting an extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for 2021-26, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amending Resolution Nos. 91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, 05-451, 06-481, 07-503, 08-732, 09-550, 10-558, 11-609, 12-622, 13-640, 14-666, 15-692, 16-706, 17-721, 18-733, 18-738, 19-761, 20-792, and 20-802). WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal Way City Council adopted an original Transportation Improvement Program ("TIP") on July 23, 1991 (Resolution No. 91-67; and WHEREAS, the Federal Way City Council updated a TIP annually thereafter; and WHEREAS, the Federal Way City Council held a public hearing on the TIP on June 15, 2021, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended TIP and an Arterial Street Improvement Plan ("ASIP") for the next six calendar years; and WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required annually to revise and adopt an extended TIP and ASIP; and WHEREAS, the City's SEPA Responsible Official has adopted the Determination of Non - Significance ("DNS"), Federal Way File 21-101911 - SE, issued for the City's 2022-27 TIP and ASIP, which includes the extended and revised projects contained in the TIP adopted herein; and Resolution No. 21- Page 1 of 3 Rev 1 /21 WHEREAS, adoption of the City's 2022-27 TIP and ASIP DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised TIP and ASIP adopted herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way, copies of which are attached hereto as Exhibits A and B and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements, and the estimated costs thereof, is hereby approved and adopted for the next six (6) calendar years (2022-27 inclusive). Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibits A and B, with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Section 3. Severabi I ity. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 2 1 - Page 2 of 3 Rev 1 /21 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 120 . 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 Rev 1/21 Exhibit A CITY OF FEDERAL WAY TRANSPORTATION IMPROVEMENT PLAN (lip AND ARTERIAL STR M-T IMPROVEMENT PLAN - 2022 TO 2047 Map ROADWAY CAPITAL PROJECTS Yen 2021 Coats In 6thousands IQ'• Looslion Description Previous Years 202i 2022 2023 2024 M25 202E 2027 Total la Cd Cen{dr Access Phase 1 - Enwrrunmonrel Lt ffc erivironmental do cufnaow on rot modina aCco6s al S 320th $t S S 324th SI 3,422 500 306 _R,222 lb C CnRlar Accdas Phase 2 • SS Rama pnsl ruci a 1 SB 1-S fern vAond 5 374 11 Street from 23td Ava S 10 1.5 10.957 2.111 35.336 35,336 83,740 2 SR S9 0 5373rd Sr Irwall ra u+ldahoul, median contt4[ 360 330 1,410 i,410 ],5013 3 SW 3201h Si Q 471h Ave SW Install traffic signal $69 569 4 5 3121h 61 C 201h Ave S Add SB n ht-turn lane or construct roundabout 771 771 5 SW 34W St 37Ih Avo 8W • C1l Limns Widen to 5 -lanes Zia 100 400 570 2,200 3.410 8 219 Ave 5 S S 320Ih SI In11a61raf le sJWwl 100 935 i1035 7 S 3201h 5t b 1 sl Ave S Add EBL, W BL, WBR. NBT. SBR: widen to 5 lanes N to 316 or Alternallive Measure 669 4.891 10,460 6 S 3481h SI: 91h Ave S • SR 99 Overlay '15 90 1,026 1,f37 9 16th Are Si 5 Uwi St -S 346lh Sit Add SB auxilia lane 00 1.600 4,105 6,105 10 .Ct Ide ImpInmeni Ada Ive Traffic. Conlrol System Pliam 16 11 731 1.962 2.693 11 C- Ide Instal variahfe Iana use rAntrdl s fis 141 841 02 12 NA@ary Rd 5 S Slar Lake Rd Add EB right -turn lane, sidewalk no 1.000 1,20 13 SR 509 a SW 301 at St Inatall coal t roundaboul 160 700 850 14 Citywldfl m omd+l a 'vc Traffic. Cdfdfol sy3turn pha1a [II 200 1100 600 16 1 SR 5,a 9? 47th Ave 8W 1nalal compacl roundabout 850 6159 i$ CIlyw4e Horizontal curve improvements 92 43 524 17 SW 3201n St: 3rd Pi SW - 11 th Ave SW Ove % 1,200 126CI 18 SW 3%1h SI: 41h PI SW - 15ih Avo SW ovrrdaY 50 1.21)01 1,250 19 SW 34Mh SL 31S1 Ave SW - 371It Are SW Widen to 5 lanes 500 1.500 4.o00 8,000 20 Ci kde Annual overlays 31000 M00 .3,000 3.005 3,000 3,000 3.000 21,00 21 5R 509 4th Awe S lnilan calnpact roan bout atio 1,000 22 C lly CernOf Adaptive Traffic Control System - City Center Stage 2 - Detection upgrades 700 700 23 cilywide Adaptiva Tmffic.Colrtml Lem Phase N; 151 Ave S 753 750 24 Cllywkio Ada livo Tni fic Eontrol System Phpso V; 21a1'Av0 SW A SW Campus Dr 1200 1,200 25 Mlflla Rd S- S 32Wh St - SR 16 Ove 50 1200 1,25d 26 5 3561h St. tat Ave S - SR 139 Avidell to 5 lanes, hike iansa. Bkkiwalks 300 3061 3000 3000 $_OX 27- 51 ide I Strool Ve alallvn Management 20D 2DD IOD 200 =1 no 1.200 29 SVd 3441h SI 771h Ave SW Conatruel com et roundabout 50 1oq 11M 560 71 CI subtotal oadway Ca hat Projocts 5,465 11,200 7, Biel [2,9u'r 9,5211 42,tUj 98,732 165,752 Map NON -MOTORIZED CAPITAL PROJECTS Year 2021 Costs in $ thousands ID Location Description Previous Years 2021 2022 2023 2024 2025 2026 2027 Total 29 SW [t}n Count R lonol Trail Plan Plan to connect trails to adjacent cities 3 300 30 15 AYC S: S 29 S 312ih 51 Shoulder im rovements 3,T70 3.Tt 31 Cilywido ADA Retrofits 400 400 400 400 400 400 400 2.600 32 Citywide Pcdnstrlan sills lest all mid -Work andsIang treatmanis. Or of MT pedoatrran un provemenis 1,231 320 i80 1c0 520 320 :Zn 2,831 33 C ide Pedeel rian Sale! System lm CYenlanld nst I mid• Ix Izdssin tfeatmrmts 160 g60 1,240 34 Clfywide RRFB UDgrados Replace medien-mounted RRFB's wnh mast arm mounlin s 140 690 830 35 SR 5118! SW 312th 51- 21s! Am SW ihslall sidewalk and sirotifthts On south slda 20D 1.300 1.500 38 1 FaCtUMI Way Tramsit Centor Pedestrian Access Im ovaments 100 900 1.00 37 S 3i21h St, Steel Lake Park - 281n Ave 8 install sidewalk and slreelli his on South Side 100 650 750 38 Cii ]do Im Eamu It reenlY Ian 28D 4130 ffu 39a Padre Hw S TiBZ • 161h Aw S 8 P66Eh In S. 3 St Construct rrluq use am 200 M 500 Zoso 7,550 39C Pec7c Hw S TreuE - 16In Ave 5 (SR 509 to 5 308th SO Construct multi -use Path 300 1,900 2.200 40 SR r.0B• 8Ih PI S-.11th PIS insiafl sidewalk on south side 1Oo 1,350 1.450 41 S 3 1 4t 11 St PVA S - 23h1 Ave S Ad sldmralks and suoel II Ma 175 125 IZA 1,6011 1,300 2,325 4211 S i88:h 6[: >.EHllary Rd S - th Ava S Re 9lrlpe to a lanes will bike lanes. Imp74va pedusi,lan 1acllCiea 100 900 1.000 42b S 2881h St 16m Ave 5. 3AIh Ave S I Reslripe l0 3 lanes with bike lanes, improve pedestrian facllaies 100 100 100 2.200 2,50 Subtatat 1 2.186 4.2251 2.205 2,780 8,300 2.3201 2.120 5,140 29,820 Map STREET UA iKrING CAPITAL PROJECTS Year 2021 Costs In 5 thousands ID Location Description Previous Yam rs 2021 i 2022 2023 1 2034 1 2025 2025 2D27 Total 43 Cityxnn LED Retrofits 3.350 163 1.110 u iota lrnel fig. Ling ap to role I City of Federal Way 2022-2027 Transportation Improvement Plan & Arterial Street Improvement Plan Legend Intersection Improvements City Center Access -Phase 1 X 2 City Center Access - Phase 2 03 Corridor Improvement U3 W Non -Motorized Improvement Overlay Improvement Original Map Date: April 2021 City of Federal Way, 33325 8th Ave S, Federal Way, WA 98003 (253) 835-7000 \ 0 Ds N Miles Federal Way This map is accompanied by no warranties, and is simply a graphic representation. _ 7a COUNCIL MEETING DATE: June 15, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO USE AMERICAN RESCUE PLAN ACT/LOCAL FISCAL RECOVERY FUND TO HIRE TEMPORARY POSITIONS FOR GRANT MANAGEMENT OF ARPA FUNDS POLICY QUESTION: Should the City Council approve the Mayor's Recommendation to authorize staff to hire temporary positions contract grant writers for grant management for the American Rescue Plan Act? COMMITTEE: NA MEETING DATE: NA CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing NCity Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tim Johnson DEPT: Econ. Dev. Attachments: 1. Staff Report Options Considered: 1. Approve the proposed recommendation. 2. Do not approve proposed recommendation and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. — .. 1 MAYOR APPROVAL: NA oIa 1 DIRECTOR APPROVAL: Committee " Cnnndil Initial/Date Initial/Date COMMITTEE RECOMMENDATION: t� I N Committee Chair C/A, Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1. 9 /A Committee Member a2 ($LcLOW 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: June 9, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Tim Johnson,t irector Economic Development SUBJECT: Authorization to use American Rescue Plan Act/Local Fiscal Recovery Fund to hire temporary positions for grant management and contractors for grant writing from ARPA Funds Financial I nipacts: The City has been awarded a federal grant of $19.2 million over the term of 2021 through the end of 2024 as part of the American Rescue Plan Act. As of today — the City has received 50% of the grant with the remaining to be provided in May of 2022. To address the issue of the deployment of this grant, the US Treasury requires significant documentation. This entails quarterly and annual reports. Therefore, to respond to this item, the Mayor is recommending the allocation of $400,000 from the grant for the required auditing assistance, for city staff reimbursement engaged on the deployment of the grant and to hire temporary personnel for the facilitation, reconciliation, and certification of the grant management reports over its term. Additionally, the Mayor is also recommending another $300,000 to contract with 3rd parties to address grant writing for the significant opportunities that have presented themselves for other federal grants through direction contribution such as the Local Fiscal Recovery Fund, along with ARPA and regular annual federal appropriations in the effort to acquire further funds for programs, projects and services. The total is less than 3.6% of the total grant and is well within General Accepted Accounting Principles (GAAP). This is less than the percentage for the CARES Act. There will be no impact on the cost to the City's General Fund for the American Rescue Plan Act. Additionally, the City Council has approved the receipt of the $19.2 million grant from the federal government. The City Council, pending adoption, (second reading) will adopt it as part of the City's amended budget. Mayor's Recommendation: Authorize the use of American Rescue Plan Act/Local Fiscal Recovery Fund to hire temporary positions for grant management and 3rd party contractors for grant writing and auditing. Backp,round Information: The current public health crisis and resulting economic impacts have shattered the health and economic wellbeing of millions of Americans including Federal Way residents. Specifically impacted are people of color, immigrants, and low-income residents. Additionally, nationally, more than 9.5 million workers lost their jobs in the wake of the pandemic, with 4 million out of work for half a year or longer. The American Rescue Plan Act, (ARPA) is federal legislation passed by Congress and signed into law by the President on March 11 th, 2021. Its intent is focused on changing the course of the pandemic and deliver immediate and direct relief to families, businesses, and workers impacted by the COVID-19 crisis through no fault of their own. The eligible uses of the American Rescue Plan Act are as follows: a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; c) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and d) To make necessary investments in water, sewer, or broadband infrastructure. The U.S. Treasury identifies in their Interim Final Rule that once a shortfall in revenue is identified, recipients will have broad latitude to use this funding to support government services up to the amount of lost revenue. It is the focus of this effort to address the needs of the City's shortfall and corresponding potential uses through the federal eligible uses including diversity, equity, inclusion and accessibility. 2 COUNCIL MEETING DATE: June 15, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE BODY WORN CAMERA (BWC) PROGRAM POLICY QUESTION: Should the Police Department execute a contract with AXON and create a Body Worn Camera Program for the Police Department? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETINGDATE: June 8, 2021 Council Committee CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards DEPT: Police Commander Attachments: 1. Staff Report 2. AXON OSP7+ Detailed Product Overview document Options Considered: 1. Approve the proposed program development and authorize to seek a contract. 2. Do not approve the proposed program development and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL:�Iln . DIRECTOR APPROVAL: for- Ian �Inmal/Date iInitial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the June 15, 2021, City Council Business agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed program development and authorize the Mayor seek a Body Worn Camera Program contract with AXON. " (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: June 8, 2021 TO: Parks, Recreation, Human Services, & Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Body Worn Camera (BWC) proposal Financial Impacts: The Year One expense for the implementation of the Body Worn Camera (BWC) program would be approximately $942,800. The initial licenses, equipment, and training expense is about $581,800 and the remaining $361,000 is for personnel salaries, benefits, workspace, and equipment. The five-year total amount for equipment and technological support is $2,190,477. There are two identified funding options, both related to the more than $19 million earmarked for the City through the American Rescue Plan Act (ARPA). In the first option, the City is entitled to recovery of the revenue shortfall from 2020, which Finance has estimated at between $13 and $14 million. As revenue, that money can be used to fund the entire BWC program, including personnel costs. The remaining $5 to $6 million of the $19 million can be requested through a grant program. At this time, we believe the equipment expense may be eligible for purchase utilizing the grant option however, personnel expenses would not be covered, but could be covered by the revenue shortfall recovery option. Either way, through recovery of the revenue shortfall, the grant process, or a combination of the two, the ARPA is a viable funding source for the BWC program. Background Information: Police Body Worn Cameras (BWCs) are small cameras worn on a law enforcement officer's uniform to record officer interactions. The cameras have the capability to capture sound and an internal data storage unit to save video footage for later review. The video and audio recordings from BWCs can be used by law enforcement to demonstrate transparency to their communities; to document statements, observations, behaviors, and other evidence; and to deter unprofessional, illegal, and inappropriate behaviors by both law enforcement and the public. In mid-2020, the Federal Way Police Department began researching Body Worn Cameras (BWC). During this extensive research period, three companies were identified as having superior BWC products and support. In April 2021, those three companies were invited to the Federal Way Police Department to meet with multiple city representatives and provide demonstrations of their products and support platforms. The city employees in attendance including those from the police department's Command Staff, Officer's Guild, Lieutenant's Association and Records Division, as well as multiple employees from the Information Technology (IT) Department. At the conclusion of the demonstrations, it was clear that AXON provided the preferred program. AXON not only had the preferred BWC equipment and platform, they are also the vendor we currently use for our Tasers. Both BWCs and Tasers use AXON's Evidence.com platform to electronically store the evidence produced by these tools, which is a cloud -based storage platform. This program will outfit all sworn personnel, four Jail Transport officers, and two Animal Services officers with BWCs (143 BWCs). The AXON OSP7+ Premium Bundle includes the following products and access to services for all 143 personnel; AXON Body 3 BWCs, new T7 Tasers, taser holsters, docks for both BWCs and Tasers, training cartridges for the Taser, Taser live cartridges, and unlimited storage space in Evidence.com for BWC footage, pictures, and statements. The features included with the bundle are auto tagging, Respond+ live streaming and GPS capability, AXON Performance, ACON Citizen for Communities, Redaction Assistant, Auto transcription, Signal Sidearm, and a refresh/replacement of both our BWCs (includes upgrade to newer model BWC is one is available at the time) and docks twice during the five-year contract. (A more detailed explanation of the features is available on the OSP7+ Detailed Product Overview document attached.) This bundle also includes ten additional Evidence.com licenses for PD Records personnel. As part of the continued research of BWC programs, we contacted three local law enforcement agencies (Kent, PD, Tacoma PD, and Tukwila PD) that currently deploy AXON BWCs. All have expressed that the AXON products are high quality and well-built items. All agencies have expressed that the AXON equipment AXON's technical support is superior and they are quick to address any issues that may arise The proposal is for the following; E UMPMENT 143 BWC Licenses (137 sworn personnel, 2 Animal Services, 4 Jail Transport) AXON Body 3s ($699 each) - 8-bay docks (18 @ $1,500 each) - Implementation and Training for BWC & Taser 7 - 10 Pro Licenses (Records/Redaction staff) annual cost - TOTAL - YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL Five-year contract cost - Credit for existing Taser contract - TOTAL EQUIPMENT EXPENSE - $ 410,124 $ 99,957 $ 27,000 $ 40,000 $ 4,680 $ 581,761 $ 414,804 $ 414,804 $ 414,804 $ 414,804 $ 2,240,977 $ (50,500) $ 2,190,477 PERSONNEL 1 FTE — LAW — attorney (salary & benefits) - $ 143,000 1 FTE — Information Technology — (salary & benefits) - $ 97,000 1 FTE — PD Public Records Coordinator — (salary & benefits) - $ 85,000 3 new work stations and equipment — ($10,000 each) - $ 30,000 Annual M&O for all 3 positions — ($2,000 each) - $ 6,000 TOTAL PERSONNEL EXPENSE - $ 361,000 YEAR ONE TOTAL EXPENSE - $ 942,761 WHAT'S INCLUDED AXON BODY 3 WITH AWARE - Unlock added value with Axon's connected camera, Axon Body 3, where advanced imaging and audio meet real-time awareness. Additionally, OSP 7+ users benefit from an Axon Aware+ license that enables real- time alerts, live maps, and access to live streams from Axon Evidence and the Axon Aware mobile application. AXON SIGNAL SIDEARM - Capture vital footage by adding a sensorto your holster that alerts your camera to start recording when a firearm is unholstered. AXON EVIDENCE - Axon Evidence is a DEMS built to meet the demands of modern policing. Feature -rich, cloud -based, and scalable, our system makes it easy to manage, access, and share data, while maintaining security and chain of custody. REDACTION ASSISTANT - Cut down redaction work significantly by letting the Redaction Assistant automatically detect and track the screens, license plates, and faces in a video. AXON PERFORMANCE - Streamline supervisor reviews and measure your body -worn camera policy performance in near real-time, and identify areas to improve training and establish clearer policies. AXON CITIZEN FOR COMMUNITIES - With Axon Citizen, you can invite individual witnesses, or the entire community, to submit photos and videos of an incident directly to your agency. One-to-one submissions and community -wide portals help get to the truth quickly. AXON CAPTURE - A mobile application built for your smartphone to easily record photo, audio, and video evidence without leaving the scene. AXON CITIZEN ONE-TO-ONE - Allows community members with pertinent evidence to make one-to-one submissions from the Axon Capture mobile application. AXON RECORDS - Axon Records allow agencies to take advantage of automated workflows related to creating reports, responding to calls for service, engaging with community members, and bringing criminals to justice. AXON STANDARDS - An Axon Records module designed to streamline report -writing for high -risk officer -involved events such as use -of -force, provide clear task delegation and automated reminders; and offer robust data management capabilities CHANNEL SERVICES - Unite your third -party data onto one centralized platform and migrate data from up to three sources into Axon Evidence. AUTO -TAGGING - Take information from your existing CAD/RMS to automatically add metadata to your videos housed in Axon Evidence. ABUNDANT THIRD -PARTY STORAGE - Store third -party data with 500GB of storage per license. PAGE Once a solution is delivered, most agencies are left asking, what's next? Axon has you covered. We are committed to providing our customers with post -sales and post -deployment support. Whether that be troubleshooting assistance, technical support, additional training, consulting advice, or help with exchanging and returning equipment, our dedicated team is here for you. Through regular communication, our knowledgeable staff can offer CDFW the support you should expect from a service provider. This support includes access to: 24/7 CUSTOMER SUPPORT - Axon's full customer support division available via live phone support, 24 hours a day, seven days a week. PROFESSIONAL SERVICES - Experienced and skilled personnel who are involved in the implementation, development, deployment, management, and support of your Axon program SALES ENGINEERS (SE) - SEs own the technical aspects of the sales process and have the technical mindset which allows them to understand complex systems and solve intricate challenges involving hardware, software, and network issues CUSTOMER SUCCESS MANAGERS - Dedicated Axon personnel assigned per agency who communicate important operating system/firmware and hardware updates, identify day-to-day bugs, and address general issues, as well as fulfill hardware refreshes and deployment of new equipment, conduct quarterly business reviews with customers, and identify important customer feature requests SUBJECT MATTER EXPERTS (SME) - SMEs have vast experience in Axon products and an understanding of the complex issues that affect law enforcement around the world ECOMMERCE - Axon's online store available to clients for an expedited purchasing experience on smaller orders CONSULTANTS - Part-time expert consultants, made up of retired law enforcement leaders, who deliver service on smaller projects and serve as additional resources on large projects AXON'S EXECUTIVE TEAM - A leadership team with broad business and technology experience AXON'S CEW TEAM - A team of experienced CEW sales reps, engineers, and SMEs CURRENT CLIENT EXPERIENCE - Reference information provided by our current clients to demonstrate our experience working with agencies of similar size and scope of work AXON ACCELERATE - Axon's user conference brings members of the law enforcement community, technology leaders, and prosecutors together to learn how agencies can make policing more effective and efficient with Axon products ACCOUNT MANAGEMENT HELP - Available assistance when issues arise with an agencies account LUNCH AND LEARNS - Short informational sessions to share knowledge across and within different disciplines at Axon LEARNING AND DEVELOPMENT - Ongoing training courses that cover and promote proper software and hardware use and compliance Our goal is to provide CDFWwith the necessary assistance to help make the most of the solutions you count on every day. With a network of resources dedicated and designed to meet the needs of law enforcement, Axon is here to help. PAGE r) COUNCIL MEETING DATE: June 15, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONFIRMATION OF THE FINANCE DIRECTOR ITEM #: 7c POLICY QUESTION: Should the City Council confirm the Mayor's appointment of Steve Groom as the Finance Director? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance 0 Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve MCNex, Comm. & Gov. Affairs Coordinator DEPT: Mayor's Office Attachments: N/A Options Considered: 1. Confirm the appointment of Steve Groom as the Finance Director. 2. Do not confirm the appointment of Steve Groom as the Finance Director. MAYOR'S RECOMMENDATION: Confirm the appointment of Steve Groom as the Finance Director. MAYOR APPROVAL: N/A // J DIRECTOR APPROVAL: N/A Committee Cawici Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the appointment of Steve Groom as the Finance Director. (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 # 8a COUNCIL MEETING DATE: June 15, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: REPEALING THE CRIMINALIZATION OF THE POSSESSION OF DRUG PARAPHERNALIA IN RESPONSE TO STATE PREEMPTION ON THE SUBJECT POLICY QUESTION: Should the City Council, in response to state legislative action preempting the subject, adopt the proposed ordinance repealing local law on possession of drug paraphernalia? COMMITTEE: PRHSPSC MEETING DATE: June 8, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney _ DEPT: Law 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 RECOMMENDAT N: Option 1. MAYOR APPROVAL: , DIRECTOR APPROVAL: Cup ittee au i lnitiallDalc Initial/Date Initial Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on June 15, 2021. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JUNE 15, 2021): "I move to forward the proposed ordinance to the July 6, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JULY 6, 2021): "I move approval of the proposed ordinance. (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: March 24, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Repeal of Misdemeanor Ordinance Prohibiting Unlawful Possession of Drug Paraphernalia Background Information: In the Blake case, the state supreme court invalidated the state's simple drug possession statute on constitutional grounds because the state statute lacked a requirement that the government prove intentional possession On May 13, 2021, the governor signed into law SB 5476, which creates a statewide misdemeanor for the possession of a controlled substance correcting the deficiency identified by the state supreme court by requiring proof of intent. The new law also establishes pre -arrest diversion to treatment, establishes treatment programs for substance abuse disorders and removed criminal prohibitions on possession of items defined as "drug paraphernalia." This legalization of items defined as "drug paraphernalia" preempts and supersedes Federal Way's local ordinance on possession of drug paraphernalia, rendering it invalid. The proposed ordinance repeals Federal Way Revised Code (FWRC) 6.10.040, 6.10.050, and 6.10,060 related to possession of drug paraphernalia as these laws conflict with new state law on the subject and are, therefore, preempted. Financial Impacts: The proposed ordinance has no direct fiscal impact to the City. Mayor's Recommendation: As state law related to possession of drug paraphernalia has rendered Federal Way's local law invalid, the mayor recommends repealing Federal Way's invalid law. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Criminal Possession of Drug Paraphernalia; repealing Federal Way Revised Code Sections 6.10.040, 6.10.050, and 6.10.060. (Repealing Ordinance Nos. 99-362 and 91-89) WHEREAS, on February 25, 2021, the Washington State Supreme Court held in the case of State v. Blake, No. 96873-0, that RCW 69.50.4013(1) —the statute that criminalized the possession of a controlled substance without a prescription — exceeds the state's police power and violates the due process clauses of the state and federal constitutions because it creates a strict -liability felony offense; and, WHEREAS, the Supreme Court's ruling had the effect of eliminating any criminal penalties for the possession of a controlled substance without a prescription; and, WHEREAS, on May 13, 2021, the Governor signed ESB 5476 creating a state law making the knowing possession of a controlled substance or counterfeit substance without a valid prescription a misdemeanor crime; and, WHEREAS, ESB 5476 removes criminal sanctions for the possession of many forms of equipment and packaging previously defined as "drug paraphernalia" including items used to test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance other than marijuana; and, WHEREAS, the state law on this topic preempts or supersedes local ordinances related to possession of drug paraphernalia, invalidating the City of Federal Way's local prohibition of possession of a drug paraphernalia. Ordinance No. 21- Page I of 3 Rev 1/18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Federal Way City Council hereby repeals Federal Way Revised Code (FWRC) sections 6.10.040 (Drug paraphernalia — possession prohibited), 6.10.050 (Drug paraphernalia — Definitions), and 6.10.060 (Drug paraphernalia — Determination). Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Secti on 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 be effective five (5) days after passage and publication as provided by law. Ordinance No. 21- Page 2 of 3 Rev 1/18 PASSED by the City Council of the City of Federal Way this day of 2021. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR •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 3 of 3 Rev 1/18 we COUNCIL MEETING DATE: June 15, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: REPEALING THE CRIMINALIZATION OF THE POSSESSION OF A CONTROLLED SUBSTANCE IN RESPONSE TO STATE LAW PREEMPTING THE SUBJECT. POLICY QUESTION: Should the City Council, in response to state legislative action preempting the subject, adopt the proposed ordinance repealing local law regarding possession of a controlled substance? COMMITTEE: PRHSPSC MEETING DATE: June 8, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:.J.Ryan Call, City Attorney DEPT: Law 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: 5 "7 DIRECTOR APPROVAL: C nmit • Co ci! faitiallRatc [nitWlll3:slc Irsiti:tll0atc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on June 15, 2021. za Committee Chair Committee Member Committee Member L PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JUNE 15, 2021): "I move to forward the proposed ordinance to the July 6, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JULY 6, 2021): "I move approval of the proposed ordinance. " (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 onl}) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 24, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Repeal of Gross Misdemeanor Ordinance Prohibiting Unlawful Possession of Drugs Background Information: In the Blake case, the state supreme court invalidated the state's simple drug possession statute on constitutional grounds. The basis for this decision was that given the potentially severe consequences of a felony drug conviction, it was unconstitutional to criminalize possession of drugs without the state proving criminal intent beyond a reasonable doubt. The invalidated statute established a "strict liability" crime or, in other words, the state was not required to prove that the possession was intentional or knowing, merely that it was. While lower courts had developed an affirmative defense of unknowing possession that a defendant could prove at trial, the supreme court found that this shifting of the burden to a criminal defendant was unconstitutional. The court was particularly concerned with an innocent possessor who might unintentionally come into possession of drugs and then face criminal sanctions even though it was not a willful choice. A practical example of this would be if a person borrowed a car or a jacket from someone that had drugs in it. The practical effect of this court ruling is that without remedial action, the state could not impose criminal sanctions against people possessing controlled substances. In response to this gap in the law, Mayor Ferrell directed that Council be presented with a local ordinance that corrected the state law's lack of an intent requirement and created a local gross misdemeanor for the unlawful possession of a scheduled substance. On April 20, 2021, the City Council passed Federal Way Ordinance Number 21-911, which created a local gross misdemeanor for the unlawful possession of a controlled substance. On May 13, 2021, the governor signed into law SB 5476, which creates a statewide misdemeanor for the possession of a controlled substance. This state law preempts Federal Way's local law on the subject, rendering it invalid. The proposed ordinance repeals Ord. No. 21-911, which has become invalid due to state preemption on the subject. Rev. 7/18 Financial Impacts: The proposed ordinance has no direct fiscal impact to the City. Mayor's Recommendation: As state law controlling the unlawful possession of controlled substances has rendered Federal Way's local law invalid, the mayor recommends repealing Federal Way's invalid law. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Criminal Possession of Controlled Substances. (Repealing Ordinance 21- 911) WHEREAS, on February 25, 2021, the Washington State Supreme Court held in the case of State v. Blake, No. 96873-0, that RCW 69.50.4013(1) —the statute that criminalized the possession of a controlled substance without a prescription — exceeds the state's police power and violates the due process clauses of the state and federal constitutions because it creates a strict -liability felony offense; and, WHEREAS, the Supreme Court's ruling had the effect of eliminating any criminal penalties for the possession of a controlled substance without a prescription; and, WHEREAS, on April 20, 2021, the City Council of the City of Federal Way, citing the public safety issues created by the effective legalization of controlled substance possession, passed Ordinance 21-911, creating a gross misdemeanor crime for the knowing possession of controlled substance without a valid prescription; and, WHEREAS, on May 13, 2021, the Governor signed ESB 5476 creating a state law making the knowing possession of a controlled substance or counterfeit substance without a valid prescription a misdemeanor crime; and, WHEREAS, the state law on this topic preempts or supersedes local ordinances related to drug possession, invalidating the City of Federal Way's local prohibition of possession of a controlled substance. Ordinance No. 21- Page 1 of 3 Rev 1/18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Federal Way City Council hereby repeals Ordinance No. 21-911. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2021. [signatures to follow] Ordinance No. 21- Page 2 of 3 Rev 1/18 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 3 of 3 Rev 1/18 COUNCIL MEETING DATE: June 1, 2021 ITEM #:_ Sc CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2021/2022 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the proposed 2021/2022 Biennial Budget amendment? COMMITTEE: FEDRAC MEETING DATE: May 25, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 1. Staff Report 2. Ordinance with Exhibits A & B Options Considered: 1. Approve the amendment to 2021/2022 Biennial Budget. 2. Deny approval of the amendment to the 2021/2022 Biennial Budget and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Initial/Date i>, Initiul/Date DIRECTOR APPROVAL: AUL lnitial!Date COMMITTEE RECOMMENDATION: I move to forward the proposed Budget Amendment to the June 1, 2021 Regular Council meeting for a Public Hearing and First Reading of the proposed ordinance. c a 2 M14 WA Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JUNE 1, 2021): "I move to forward the proposed ordinance to the June 15, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JUNE 15, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # R/ ❑ DENIED First reading ❑ TABLED/DEFERRF.D/NO ACTION Enactment reading VMOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 05/25/21 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: A& Ariwoola, Finance Director SUBJECT: 2021/2022 Budget Amendment Background Information: The City Council held sessions on September 23, September 24, October 6, October 20, October 21, and October 27, 2020 and public hearing on November 3, and November 17, 2020 and considered the public comments presented. The first reading was held on November 17 and the second reading and adoption of the budget was held on December 1, 2020. This ordinance is to amend the budget adopted on December 1, 2020 to reflect the December 2020 ending fund balance and to fund projects and items that Mayor and Council wish to fund with the ending fund balance and roll over appropriation for projects that were not completed in 2020 for continual work in 2021. This change will increase/decrease the beginning fund balance, revenues, and expenditures. Financial Impacts: Major Funding in General Fund includes: Description 2021 2022 Law Funding $ 1,000,000 $ - Economic Development Staff & Services 20,000 70,000 Community Dev. Graffiti Tech. 59,000 59,000 Shelter services and supplies 43,000 43,000 Diversity & Inclusion Coordinator - 70,000 Parks temporary crew and staff promotion 234,000 9,000 Cityhall cleaning 66,000 66,000 Security Cameras 41,000 12,000 Saghalie & Steel Lake Annex Roofing 170,000 - Salary study services 9,500 Election cost 100,000 - COLA increases 46,020 230,093 ARPA Grant expenditures 19,216,886 - Transfer out to Street Fund 75,000 Transfer out to FWCC Fund 32,700 - Transfer out t0 PAEC Fund 63,965 Transfer out to DBC Fund 111,459 - Total $ 21,288,530 $ 559,093 Rev. 7/18 Major Fwiding in Non -General funds includes: Description 2021 2022 Fund Snow & Ice $ 45,000 $ - 101 Street Fund Copper Wire replacement 30,000 - 101 Street Fund Reduce Art. Overlay exp. - 10% Solid Waste UTAX (1,500,000) (1,500,000) 102 Art. Overlay Fund Reduce Solid Waste 10% UTAX transfer (1,500,000) (1,500,000) 103 UTAX Fund .Affordable & Supportive Housing Services 250,000 125,000 104 Affrd. & Supprt. Housing GAC Upgrade 450,000 - 107 Special Contr. Stud. Fnd. Heating system 32,700 - 111 FWCC Fund PAEC supplies and services 103,965 116,211 115 PAEC Fund Increase Solid Waste 10% UTAX expenditures for overlay 2,000,000 2,000,000 116 SWR 10% UTAX Fund CDBG services 627,610 627,610 119 CDBG Fund Building permit fees 25,000 25,000 121 Technology Fund Police gate 20,000 - 303 Parks CIP Fund SWM CIP Projects 2,808,369 - 304 SWM CIP Fund 'Transportation CIP Projects 720,400 - 306 Transportation CIP Fund Public Education program & traning services 38,900 35,000 401 SWM Fund Transfer to 304 SWM CIP Fund 1,607,001 - 401 SWM Fund DBC Split AC and services 41,559 69,900 402 DBC Fund IT Admin Assistant - 70,000 502 IT Fund Record management and automated agenda systems 45,000 35,000 502 IT Fund Police vehicle replacement 248,282 - 504 Fleet & Equip. Fund 'Total $ 6,093,786 $ 103,721 Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2021-2022 Biennial Budget. (Amending Ordinance No. 20-903) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2021-2022 fiscal biennium were prepared and filed on September 15, 2020 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for a public hearing on the budget and said notice stated copies of the budget could be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on December 1, 2020 after public meetings were held and public comment taken (Ordinance #20- 903, and attached Exhibit A); and WHEREAS, the City Council of the City of Federal Way held a public hearing after proper notice related to this budget amendment on June 1, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ?021-22 Biennial Budget Amendment. That the budget for the 2021-2022 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit B (2021-2022 Amended Budget). Ordinance No. 21- Page 1 of 5 Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section .3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, 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 chapter 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 chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this [signatures to follow] day of June, 2021. Ordinance No. 21- Page 2 of 5 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 3 of 5 EMBITA 2021-2022 Budget 2021 2022 Beginning had Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 9,713,168 $ 49,463,473 $ 49,651,198 $ 9,525,443 $ 48,162,125 $ 48,687,568 $ 9,000,001 Special Revenue Funds: Street 500,000 5,154,613 4,927,382 727,231 4,549,437 4,776,669 500,000 Arterial Street 50Z618 3,018,000 3,047,184 473,435 3,018,000 3,051,111 440,324 Utility Tax 1,506,932 12,]04,294 12,058,633 1,552,593 12,104,294 12,034,394 1,622,493 Sales/Use Tax- Af rd. & Supprt. Housing - - Solid Was 166,146 556,330 545,844 176,632 556,330 545,844 187,119 Special Contract/Studies 341,927 - 341,927 341,927 Hotel/Motel Lodging Tax 1,335,006 155,000 155,000 1,335,006 155,000 155,000 1,335,006 Community Center 1,500,000 2,252,875 2,245,642 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 270,442 2,885,942 2,736,856 419,528 2,885,942 2,775,519 529,951 Utility TaxProposition 1 1,027,013 4,070,141 4,097,154 1,000,000 4,170,276 4,170,276 1,000,000 Perforating Arts & Event Center 0 2,299,757 2,299,757 - 2,299,757 2,299,757 0 Community Development Block Grant 21,251 1,843,010 1,843,010 21,251 758,323 758,323 21,251 Paths and Trails 1,360,437 169,000 200,000 1,329,437 169,000 1,498,437 Technology 91,136 146,716 181,000 56,852 149,250 14,300 191,802 Jail Service - 3,303,463 3,303,463 3,319,584 3,319,584 Strategic Reserve 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,130,793 5,000 1,135,793 5,000 15,793 1,125,000 Debt Service Fund 3,322,342 17,366,390 17,434,315 3,254,417 2,569,426 3,093,264 2,730,578 Capital Project Funds: Real Estate Excise Tax 2,070,443 3,670,000 3,973,018 1,767,426 3,670,000 3,437,426 2,000,000 Downtown Redevelopment 3,426,754 - 600,000 2,826,754 205,000 2,621,754 Municipal Facilities 289,595 1,000 - 290,595 1,000 115,000 176,595 Parks 1,641,591 - 190,000 1,451,591 - 375,000 1,076,591 Surface Water Management 1,869,432 447,568 2,317,000 - 2,060,000 1,767,000 293,000 Transportation 4,199,189 12,988,000 11,176,972 6,010,217 5,570,000 7,773,566 3,806,651 Capital Project Reserve 367,936 - 367,936 367,936 Fnterprise Fund: Surface Water Management Z59ZI14 5,941,201 5,502,041 3,031,274 4,930,775 6,116,029 1,846,020 Dumas Bay Centre 1,500,000 900,871 900,872 1,500,000 930,211 930,210 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,196,040 1,475,512 920,528 1,196,040 1,486,275 630,293 Information Technology 3,640,480 2,929,180 2,875,652 3,694,008 2,720,687 2,707,608 3,707,088 Mail & Duplication 205,164 135,947 126,892 214,219 135,947 185,007 165,159 Fleet & Equipment 7,515,027 2,846,144 3,129,104 7,232,067 2,300,644 1,919,901 7,612,809 Buildings & Fumishings 2,763,525 490,355 1,150,108 2,103,772 490,355 594,127 2,000,000 Health Insurance 3,367,672 5,138,041 5,427,967 3,077,746 4,966,800 5,256,726 2,787,820 Unemployment Insurance 258,701 5,299 10,000 254,000 6,000 10,0001 250,000 Grand Total All Funds $ 63,296,634 $ 141,485,650 $ 144,183,374 1 S 60,598,909 $ 116,601,304 $ 121„i34,609 1 S 55,865,605 Ordinance No. 21- Page 4 of 5 Rev 4/ 18 EXHIBIT B 2021-2022 Amended Budget 2021 2022 Ending Fund eg-in ning FuinT Beginning tund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,075,815 $ 68,905,248 $ 70,931,502 $ 10,049,561 $ 48,162,125 $ 49,211,686 $ 9,000,001 Special Revenue Funds: Street 500,000 5,229,613 5,002,382 7271211 4,549,437 4,776,669 500,000 Arterial Street 1,398,599 1,518.000 1,547,184 1,369,415 1,518,000 1,551,111 1,336,305 Utility Tax 2,198,214 10,604,294 10,712,272 2,090,236 10,604,294 10,534,394 2,160,136 Sales/Use Tax - Affrd. & Supprt. Housing 125,151 125,000 250,000 151 125,000 125,000 151 Solid Waste/Recycling 213,550 556,330 545,844 224,036 556,330 545,844 234,523 Special Contract/Studies 817,918 - 450,000 367,918 367,918 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,441,177 155,000 155,000 1,441,177 Community Center 1,500,000 2,285,575 2,278,342 1,501,233 2,749,102 2.156,334 1,500,000 Traffic Safety Fund 1,216,159 2,885,942 2,736,856 1,365,245 2,885,942 2,775:519 1,475,668 Utility Tax Proposition 1 1,332,301 4,070.141 4,097,154 1,305,288 4,170,276 4,170.276 1.305.288 Performing Arts & Event Center - 2,403,722 2,403,722 0 2,415,968 2,415,968 0 Community Development Block Grant 30,805 2,470,620 2,470,620 30,805 1,385,933 1,385.933 30,805 Solid Waste 10% Utility Tax - 2,000,000 2,000,000 - 2,000,000 2.000,000 Paths and Trails 1,488,063 169,000 200,000 1,457,063 169,000 1,626,063 Technology 116,999 146,716 206,000 57,715 149,250 39,300 167.665 Jail Service - 3,303,463 3,303,463 - 3,319.584 3,319.584 Strategic Reserve 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,131,684 5.000 1,136,684 5,000 15.793 1,125,891 Debt Service Fund 3,569,746 17,366,390 17,434,315 3,501,821 2,569,426 3,093,264 2,977,982 Capital Project Funds: Real Estate Excise Tax 2,882,436 3,670,000 3,973,018 2,579,419 3,670,000 3,437,426 2,811,993 Downtown Redevelopment 3,468,714 600,000 2,868,714 - 205,000 2,663,714 Municipal Facilities 290,105 1,000 291,105 1,000 115,000 177.105 Parks 1,918,167 - 210,000 1,708,167 - 375,000 1,333,167 Surface Water Management 1,820,800 3,304:569 5,125,369 - 2,060,000 11767,000 293.000 Transportation 4,760,978 13,658,400 11,897,372 6,522,006 5,570,000 7,773,566 4,318,440 Capital Project Reserve 369,862 369,862 - - 369,862 Enterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 1,912,117 4.930,775 6,151,029 691,863 Dumas Bay Centre 1,500,000 1,012,330 942,431 1,569,899 930.211 1,000,110 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,196,040 1,475,512 920,528 1,196,040 1,486,275 630,293 Information Technology 3,857,395 2,929,180 2,920,652 3,865,923 2,720,687 2,812,608 3,774,003 Mail & Duplication 273,277 135,947 126,892 282,332 135,947 185,007 233,272 Fleet & Equipment 7,572,422 2,846,144 3.377,386 7,041,180 2,300,644 1,919,901 7,421,922 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,292,802 490,355 594.127 2,189,030 Health Insurance 3,189,939 5,138,041 5,427,967 2,900,013 4,966,800 5,256,726 2,610,087 Unem loyment Insurance 275,397 5,299 10,000 270,696 6,000 10,000 266.E Grand Tolal All Funds 72,206,886 $ 164,530,560 $ 171,711,103 $ 65,026,342 $ 116,470,125 $ 121,962,448 $ 59,534,019 Ordinance No. 21- Page 5 of 5 Rev 4/ 18 COUNCIL MEET. .... . ..ING D. . . ......ATE: June 1, 2021 ITEM #: 8 d . . . . ........... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: UTILITY TAX REBATE PROGRAM POLICY QUESTION: Should the City Council approve the Utility Tax Rebate Program amendment? COMMITTEE: FEDRAC MEETING DATE: May 25, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola DEPT: Finance 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: Initial/Date DIRECTOR APPROVAL: I Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance rrJgt}o First Reading on June 1, 2021. L V ` r Committee C iair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JUNE 1, 2021): "I move to forward the proposed ordinance to the June 15, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JUNE 15, 2021): "I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: t 1� ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading 14 1 al ACTION Enactment reading VTABLEDIDEFERRED/NO MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CIT - Federal Way DATE: May 25, 2021 TO: Jim Ferrell, Mayor FROM: Ade Ariwoola, Finance Director ` SUBJECT: Utility Tax Rebate Program MEMORANDUM Finance Department This memo is to give you some information about the proposed amendments to the current city ordinance 06-535. The current city ordinance 06-535 is amended to include the following new provisions: 1) The period for the program runs from January to April and this tends to be a problem for those that prepare an income tax return. The City requires this return for income verification, and many tax returns do not get finished by the end of April. The proposed change is to extend the program period to the end of Mai► to allow more time for getting the tax return to the city. 2) Over the last five years the City has reimbursed residents on average $100 per resident. There is a significant amount of time that goes into reimbursing actual utility tax paid on a customer bill, and its often very frustrating to citizens looking for 12 months worth of bills and spending money to make copies; therefore, the recommendation to this committee is to modify the ordinance to offer a flat amount. The flat amount of 100 proposed in the ordinance is s lit between the following utilities: gas 20.00electric 25 water ($15), sewer ($15), garbage ($15), telephone, cell phone, and cable 10 with a maximum not to exceed $100. 3) The Council directed staff to modify the policy to include low income of all ages for the program. Currently the ordinance states that you must be 65 years of age or older at all times during any period for which reimbursement is requested, or be disabled and unable to work to be eligible for the program. The or000sed change to this committee is to modify the ordinance to include all ages for low income residents. 4) There is also provision in the proposed ordinance for people that pay their utility bills with their rent. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, providing for utility tax rebate to low-income citizens; amending FWRC 3.10.230 and 3.10.240. (Amending Ordinance Nos. 06-535 and 03-436) WHEREAS, on January 21, 2003, the Federal Way City Council passed Ordinance No. 03- 436 granting relief from the utility tax to low-income seniors; and WHEREAS, on November 07, 2006 the Federal Way City Council passed Ordinance No. 06- 535 granting relief from utility tax to low-income disabled citizens that are impacted by the utility tax; and WHEREAS, the Washington State Constitution Article VII, Section 7 permits "support of the poor and infirm;" and WHEREAS, the Federal Way City Council recognizes that all low-income citizens that live on low or fixed incomes are impacted by the utility tax; and WHEREAS, because it appears that the complexity of the application process and the documentation required to qualify for the current reimbursement program is a barrier to entry for some who may need this relief, it is desirable to simplify the program by replacing a reimbursement model with fixed -amount assistance in order to increase accessibility for low-income citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 2 1 - Page 1 of 4 Section 1. FWRC 3.10.230 is hereby amended to read as follows: 3.10.230 Utility tax relief — Qualifications. To qualify for the relief set forth in FWRC 3.10.220, a person must 1emay requesting a:.,,bur-se enta fixed amount rebate f f: the Effne • cityility taxes by submitting an application at the specified time (3.1) Have an income, during the calendar year, ov pai4 ther"-hiehthat a oifnb,.,.seme„*"rebate" is requested_, from all sources whatsoever, that does not exceeding the low- income guidelines for the King County area as published by the Secretary of Housing and Urban Development. As used in this subsection, "income " means: (a) "Disposable income," as that term is defined in RCW 84.36.383, as it may be amended or replaced from time to time; and (b) The aggregate value of gifts and receipts received from all sources during the calendar year for which a reimbursement is requested; and (4) Have been a resident of thea dwelling unit within the city at all times during a*ythe period for which a reimbursement is requested, and have personallydaaid city utility taxes fr-om his or- her ineE)me et- reseurees. Section 2. FWRC 3.10.240 is hereby amended to read as follows: 3.10.240 Claim filing procedures. (1) Rebates for ci -im osed utilily tax shall be based on listed amounts for the following utilities: (a) gas ($20) (b) electric ($25) () water ($15) d sewer $15 Ordinance No. 21- Page 2 of 4 (e) P-arbage ($15) (f) telephone. cell phone. for cable ($ ] a)ANeli ims for «3.10-??0 s; .,erne fi r ,,,h ieh a .,.,b.,,.senient is .-eques and (2) All claims for rebate may be made annually and must be filed by May 30 of the calendar year following the calendar year, for which a "rebate" is Muested. All bills {or ...► ieh elai ,., is a e UfldeF (43) All claims for rebate shall be submitted with an application form provided by the Director and accompanied by that documentation required by the Director to establish eligibility. Applications will include a certification by the claimant that, under the penalty of perjury, all information provided in the claim is true and correct.; andThe dir-eetef. mr-equife doeumentr, deemed eeess fy to establish_ g, but not (4) The Director may require documents deemed necessary to establish proper proof of income level, including but not limited to bank statements. and most recent year income tax statement, and Social Security Income award letter. The director shall adopt rules and regulations to implement and enforce this chapter. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 21- Page 3 of4 Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) 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 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR 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 4 of 4