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06-01-2021 Council Minutes - RegularCIT 4:3�k 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 THROUGH C ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 6. PUBLIC HEARING Mayor Ferrell opened the public hearing at 8:17 p.m. 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 Councilmember Baruso 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 CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes 8. ORDINANCES First Reading: a. Council Bill #805/2021-2022 Biennial Budget t 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 CouncilmemberAssefa-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 Amending Hazard PavIAPPROVFO 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: Regulating Racing, Stunting 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 , P­0te4,-rl-Wt4at;.,. PUrSH@Rt to RGVV 42 30 110(l)(i) canceled •. G llwive Bargam;R9 P FS ,ant to R 4) *�n JAnI canceled 11.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:20 p.m. Attest: Y4A4ft St anie Courtney City Clerk Approved by Council 0( 1v6lw?i) Federal Way City Council Regular Minutes June 1, 2021 Page 9 of 9