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09-07-2021 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR/ MEETING AGENDA September 7, 2021 - 6:30 p.m. Remote Meeting Notice: Due to rising cases of COVID-19 in King County and the region and pursuant to Governor Inslee's Proclamation 20-28, all city meetings will be held remotely until further notice. The Mayor and Counci 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: 363 503 282 and passcode: 738163 CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: National Recovery Month — September 2021 b. Proclamation: Constitution Week — September 17-23 c. Mayor's Emerging Issues and Report • Report on Citizens' Request Regarding Homelessness Policies - City Attorney Ryan Call • COVID-19 Update - Deputy Chief Kyle Sumpter • Federal Way Environmental Review Update - Steve McNey, Communications and Government Affairs Coordinator • Recent Events: Town Square Park Movie in the Park (8/14); Lions Club Car Show (8/28); Kickoff & Groundbreaking for the Hanwoori Garden Project (8/28) • Upcoming Events: 9/11 Veterans Memorial Dedication Ceremony at 11:00 a.m. - Town Center Steps - September 11 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 The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: August 10, 2021 Regular and Special Meeting Minutes 6. COUNCIL BUSINESS a. Approval to Apply for State Grant of $50,000 with Match of $50,000 from ARPA for Broadband Study b. Diversity Commission Appointments c. Senior Advisory Commission Appointments d. Planning Commission Appointments e. Youth Commission Appointment (extension due to COVID-19) 7. COUNCIL REPORTS 8. 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 V::k� Federal Way PROCLAMATION "Constitution Week" WHEREAS, September 17, 2021 marks the two hundred and thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, Public Law #915 signed by President Dwight D. Eisenhower in 1956 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th as Constitution Day; WHEREAS, celebrations are to emphasize citizens' responsibilities for protecting and defending the Constitution as we preserve it for posterity; to inform the people that the Constitution is the basis for America's great heritage and the foundation for our way of life; and to encourage the study of historical events which led to the framing of the Constitution in September 1787. NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way do hereby proclaim September 17 - 23, 2021 to be "Constitution Week' in Federal Way, ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 and reflect on our heritage of freedom. SIGNED this 7th day of September, 2021 FEDERAL IVAYMAYOR AND CYTY COUNUL ]' Ferr , Mayar Susan Honda, Council President Ly{a Ass�efa-D son, Councilmember Hoang V. Tran, Councilmember Martin A. Moore, touncilmember Giufegyy so, Councumember Leandra Craft, Councilmember +,n,ochmar,)Councilmember CITY OF V::k� Federal Way PROCLAMATION "National Recovery Month" WHEREAS, behavioral health is an essential part of one's overall wellness; and WHEREAS, prevention of mental and substance use disorders is effective and people recover in our area and around the nation; and WHEREAS, preventing and overcoming mental and substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and WHEREAS, we must encourage relatives and friends of individuals with mental and/or substance use disorders to implement preventive measures, recognize the signs of a problem and guide those in need to appropriate treatment and recovery support services; and WHEREAS, an estimated 400,000 people in King County are affected by these conditions; and WHEREAS, to help more people achieve and sustain long-term recovery, the United States Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and the City of Federal Way invite all residents to participate in "National Recovery Month;" and NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way do hereby proclaim September 2021 as "National Recovery Month" and encourage all citizens to observe this month with appropriate programs, activities and ceremonies to support this year's Recover Month theme, "Rising Above it All: Wellness, Resilience & Recovery". SIGNED this 7th day of September, 2021 FEDERAL WAY MAYOR AND CITY COUNCIL r _ %f.Jr- rx� - i errell, ayor Susan Honda, Council President Ly a Assefa D sor Councilmember Hoang V. Tran, Councilmember Martin A. Moore, touncilmember Gregory Bajruso, Councilmember Leandra Craft, Councilmember Lin a Kctrnar Councilmember COUNCIL MEETING DATE: September 7, 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 August 10, 2021 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY. Stephanie Courtney; City Clerli DEPT: Mayor's Office Attachments: Draft minutes for the August 10, 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 Committee Chair N/A Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. N/A Committee Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION 9 CIT 4:3�k Federal Way CITY COUNCIL REGULAR MEETING MINUTES August 10, 2021 — 6:30 p.m. City Hall Council Chambers & remote via Zoom 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:43 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, 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 ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell excused Councilmember Tran's absence. 3. PRESENTATIONS Mayor Ferrell asked those who had signed up for public comment at the special meeting but were unable to comment due to the length of the meeting, be allowed to comment at the beginning of the regular meeting. Council Concurred. Public Comment from Special Meeting: Gordon Bock questioned Council's plan for the potential negative economic impacts the City could face as a result of the Health through Housing Program. Dara Mandeville shared her displeasure that more of the community does not know about the Health through Housing Program; that background checks will not be required and the program will not be open to children and families. Susan Hastings raised several questions and comments around the Health through Housing initiative. She suggested a better course of action would be for King County to implement one of these housing programs to confirm success before implementing in multiple communities. Geoffrey Hastings expressed his fear that Federal Way could become the next Seattle in terms of the homeless crisis. He is bothered King County can implement programs within Federal Way without the City and referenced the documentaries "Seattle is Dying" and "The Fight for Seattle". Federal Way City Council Regular Minutes Page 1 of 8 August 10, 2021 a. Proclamation: Liberation Day of Korea Mayor Ferrell was honored to present former Mayor Mike Park and Mr. Daniel King, President of the FW Korean American Association, with the Liberation of Korea Proclamation which acknowledges Korean Independence on August 15. Mr. Park and Mr. King were thankful for this honor and acknowledgement. b. Mayor's Emerging Issues and Report National Night Out Recap: Mayor Ferrell reported on his attendance at various neighborhood events on August 3 for National Night Out. He enjoyed this community event and was pleased to see neighbors, Police, Fire and Councilmembers. COVID 19 Report: Deputy Chief Kyle Sumpter reminded people who are vaccinated to wear a mask at any time or when in groups or indoor locations. He reported on King County numbers of positive cases, hospitalizations and deaths. He noted Federal Way is at 114 and under the previous guidelines counties were to stay under 250 to remain in the current phase. Upcoming Events: Mayor Ferrell encouraged attendance at the next movie in Town Square Park on August 14 where the Disney movie Onward will begin at dusk. Attendees will need to bring chairs and come early for a good spot. He invited all to the 9/11 Flag Dedication Ceremony on September 11 at 1:00 p.m. at the Town Center Steps between the Performing Arts and Event Center and the former Target location. This is the 20th anniversary of 9/11 and they will be honoring veterans and first responders with a new flag pole and Veterans Monument. Recent Events: Mayor Ferrell reported on the recent Black/African American Community Quarterly Meeting held on July 21; the successful Kiwanis Salmon Bake on July 23; and the Annual FUSION fundraising event on August 4. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported the August meeting is canceled and the next meeting is scheduled in September. She shared a memory with Former Mayor Park when on a Sister City trip to sign the Sister City Agreement in Donghae, Korea. Land Use/Transportation Committee (LUTC): Chair Baruso reported the next meeting will be September 13 due to the Labor Day holiday closure. The August meeting has been canceled. Finance, Economic Development Regional Affairs Committee (FEDRAC): No update was provided. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson noted the August meeting has been canceled and the next meeting is scheduled for September 8 at 10:00 a.m. Regional Committees Report (PIC): Councilmember Moore noted the August PIC meeting was canceled and the next meeting is scheduled for September 8 at 7:00 p.m. Federal Way City Council Regular Minutes Page 2 of 8 August 10, 2021 Council President Report: Council President Honda noted August is the time the Council and staff takes a summer break from meetings. She shared Council is still available and can be contacted in many ways including via email, phone or their social media page. She noted the City Council will be hosting an in -person retreat on Saturday, October 9 at Dumas Bay Centre. 4. PUBLIC COMMENT City Clerk Stephanie Courtney read the rules regarding public comment into the record Thea Oliphant -Wells (attended remotely) shared from her experience as a social worker how housing -first can be beneficial in helping people who struggle with substance abuse get help and access to resources. Bob ❑arrigen was pleased to learn about the Korean Community Garden and shared about the upcoming Lion's Club Car Show on August 28 from 9:00 a.m. through 3:00 p.m. The event helps provide scholarships in the community as well as serves as a food drive to support MSC. Betty Taylor shared about an open house taking place at her apartment complex, located across from Town Square Park. She encouraged anyone looking for Senior Housing options to attend. Cheryl Hurst provided information about the People's Harm Reduction Alliance and items available for order on their website. She is concerned and was shocked at the amount of items available for order, specifically drug paraphernalia. Chris Naverette (attended remotely) asked Council to extend hazard pay for grocery workers as COVID-19 is still an active risk to workers. Lucia Faithfull (attended remotely) welcomes the purchase of the Extended Stay stating that it would be a resource for our unhoused neighbors. Email from Sarah Nelson with Stand -Up Federal Way read by the City Clerk proposing mitigation for the anticipated problems that will result from the Extended Stay no -barrier housing proposal. Email from Brenda MacRae read by the City Clerk in opposition of the Health through Housing Plan asking questions regarding the safety of those living in and near the proposed facilities. Email from Barbara Miller with Wayside United Church read by the City Clerk in support of the King County Health through Housing Plan noting its importance for displaced families. Email from Sam Rise read by the City Clerk in support of the King County Health through Housing Plan noting it will help individuals get back on their feet. Email from Archie Levine read by the City Clerk in support of the Health through Housing Plan noting homelessness is not a problem that can be fixed with more jails or hospital beds. Email from Joshua Fike read by the City Clerk in support of the King County Health through Housing Plan stating that housing -first models like this have the potential to help a lot of people. Email from Michael Kennish read by the City Clerk opposing the proposed King County Health through Housing Plan noting the plan needs a path to treatment as a condition for staying and armed security. Federal Way City Council Regular Minutes Page 3 of 8 August 10, 2021 Email from Lana Bostic read by the City Clerk in support of the King County Health through Housing Plan. 5. CONSENT AGENDA a. Minutes: July 20, 2021 Regular and Special Meetings b. Accounts Payable Vouchers 06/16/2021 — 07/15/2021 & Payroll Vouchers 06/01/2021 — 06/30/2021 c. Monthly Financial Report —June 2021 d. Tourism Enhancement Grant Recommendation for July — December 2021 e. Federal Way Community Center Slide Removal — Request for Bid f. Steel Lake Shop Video Security Enhancements — Request for Proposal g. Police Gate Replacements — City Hall — Request for Bid h. Avigilon Safe City Server RFQ Award COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH H ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 6-0 as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran excused 6. COUNCIL BUSINESS a. Settlement Agreement with Hillside Plaza, LLC City Attorney Ryan Call provided information on this agreement which clears an operating easement on the former Target property and Hillside Plaza. The Council previously authorized condemnation litigation after several years of negotiations stalled, however the parties continued to negation and have reached a settlement pending Council approval. Mayor and Council thanked Mr. Call for the information and his work on this issue. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously 6-0 as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran excused b. Proposed Settlement in the matter of Rich v. COFW City Attorney Ryan Call provided information on this proposed settlement regarding a car accident in a cross -walk. The Plaintiff alleges the city is jointly and severally liable for the accident which involved a minor child with medical bills over $100,000. All parties attended mediation and this settlement has been reached pending council approval. Mayor and Council thanked Mr. Call for his presentation. Federal Way City Council Regular Minutes Page 4 of 8 August 10, 2021 COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT; SECOND BY COUNCILMEMBER CRAFT. The motion passed unanimously 6-0 as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran excused Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes c. Resolution: Authorization to Accept Grant Funding for Transportation Improvement Projects and Add Project 36-241 to the Capital Improvement Plan/Approved Reso. #21- 813 City Traffic Engineer Rick Perez provided a brief presentation regarding a draft resolution to execute an agreement to accept grant funding for transportation improvement projects and add Project 36241 to the Capital Improvement Plan (CIP). Mr. Perez noted Council must authorize, by resolution new projects not currently listed in the approved budgets. Projects receiving grants are as follows: 288th Road Diet: Military Road to 34th Ave S — Bicycle/Pedestrian Safety 16th Ave Trail: S 304th to S Dash Point Road — Safe Routes to Schools S 348th: 9th Ave S to Pacific Hwy S Preservation (Add to CIP) — NHS Asset Management • SW 356th: 15th Ave SW to 4th PI SW Preservation — Countywide Pavement Preservation, and • Adaptive Traffic Signal Control: City Center Phase 2 — Countywide — Large City Mr. Perez stated it is the Mayor's recommendation to approve the proposed resolution to accept grant funding and add project 36241 to the CIP. Mayor and Council thanked Mr. Perez for his presentation. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously 6-0 as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran excused d. Purchase of Litter Vacuum Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Public Works Director EJ Walsh provided information on the request to purchase a Litter Vacuum using unallocated Public Works Surface Water Management operations funds not to exceed $90,000. Per the direction from the Mayor and Council, in 2020 the Public Works Department began performing litter removal from the right of way. In addition, a city smart app was launched at the end of 2020 "Eyes on Federal Way" which allows the community to report issues, such as litter and debris directly to staff. Since the launch of this reporting app, the number of requests has significantly risen and Public Works staff is unable to keep up. He provided totals from 2017 through the first half of 2021 demonstrating the sharp increase. He noted with the access to the new app, the community's expectations have also increased. However, response time to litter requests Federal Way City Council Regular Minutes Page 5 of 8 August 10, 2021 have more than doubled and response to non -litter requests has more than tripled. Response to these issues are important to address, however they are diverting staff from critical maintenance activities to address community requests. As the workload has continued to increase the departments are working to find increased efficiencies. This low speed, road legal litter vacuum vehicle will improve staff safety and will increase the amount of litter picked up in the right of way. Council thanked Mr. Walsh for the proposal and asked various clarifying questions. Mr. Walsh added this can be used for other departments and large event clean-up. COUNCIL PRESIDENT HONDA MOVED TO AUTHORIZE STAFF TO PURCHASE A LITTER VACUUM FOR A PRICE NOT TO EXCEED $90,000; SECOND BY COUNCILMEMBER CRAFT. The motion passed unanimously 6-0 as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran excused e. Staffing of Public Works Maintenance Operations Public Works Director EJ Walsh provided information regarding the creation and transfer of one (1) existing litter control position to operate out of the Solid Waste Utility (Fund 106) and the creation and transfer of one (1) existing litter control position to operation our of the Arterial Street Account (Fund 102) and backfill of the two (2) existing positions within the Streets Account (Fund 101). Mr. Walsh noted this request has no change in the number of positions funded by the General Fund; there in an increase by 1 FTE in Solid Waste Utility, and increase by 1 FTE within Arterial Street Account. Due to previous Public Works re -structuring and re- programming, both these funds can support one (1) additional FTE. He also cautioned this additional staffing will not provide sufficient resources to allow level of service response time to return to 2020 levels, as identified in the 2020 salary study comparable local cities have 33 Public Works Maintenance staff compared to Federal Way with 16. Council thanked Mr. Walsh for his presentation and asked clarifying questions. COUNCIL PRESIDENT HONDA MOVED TO AUTHORIZE THE TRANSFER OF ONE EXISTING LITTER CONTROL POSITION TO OPERATE OUT OF THE SOLID WASTE UTILITY FUND AND THE TRANSFER OF ONE EXISTING LITTER CONTROL POSITION TO OPERATE OUT OF THE ARTERIAL STREET ACCOUNT AND TO CREATE TWO NEW POSITIONS TO BACKFILL THE POSITIONS BEING TRANSFERRED FROM THE STREET ACCOUNT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 6-0 as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran excused Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Federal Way City Council Regular Minutes Page 6 of 8 August 10, 2021 f. Authorization to Apply for the National Endowment for the Arts American Rescue Plan Grants to Organizations Autumn Gressett, Community Relations Liaison/Contract Administrator for the Parks Department, provided information on this National Endowment for the Arts American Rescue Plan Grant (NEA ARP), Ms. Gressett noted that unlike other Arts Endowment funding programs that offer project -based support, Rescue Plan funds are intended to support day-to-day business expenses/operating costs, and not specific programmatic activities. If awarded the $150,000 grant, the funds will be credited to the Performing Arts and Event Center 2022/2023 Arts 4 Youth budget. This will assist in off -setting the Operating Account funded through General Fund. Council thanked Ms. Gressett for the presentation. COUNCIL PRESIDENT HONDA MOVED TO AUTHORIZE STAFF TO APPLY FOR THE GRANT AS PROPOSED; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously 6-0 as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran excused 7. ORDINANCES Second Reading/Enactment a. Council Bill #810/Sunset of Hazard Pav for Grocery Workers due to COVID-19 Pandemic/Approved Ord. #21-920 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, SUNSETTING UNCODIFIED ORDINANCE NO 21-912, AS AMENDED BY 21-913, RELATING TO HAZARD PAY FOR GROCERY WORKERS IN RESPONSE TO THE EMERGENCY SITUATION CREATED BY COVID-19. City Clerk Stephanie Courtney read the ordinance title into the record. Councilmember Moore stated he would be voting against this item and that the pandemic is not over and there is still increased risk for the grocery workers. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 5-1 as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran excused 8. COUNCIL REPORTS Councilmember Assefa-Dawson had no report. Councilmember Craft yes Councilmember Moore no Councilmember Kochmar yes Federal Way City Council Regular Minutes Page 7 of 8 August 10, 2021 Councilmember Baruso asked for continued diligence in regards to COVID-19 including wearing face coverings as the Delta variant is showing up in both vaccinated and not vaccinated people. He noted the hazard pay issue may be brought up again in the future. Councilmember Craft was glad for the participation in the study session and for those who participate in government. She hears and shares concerns with the increase in crime in the region as she regularly goes into the King County Courthouse where a staff member was recently assaulted. She believes the issue of housing is complex and asked for understanding and listening to all opinions to find a new solution to this very large issue. Councilmember Moore feels like he needs to protect grocery workers and front-line workers as the pandemic is not yet over and encourages the business community to do the same. He personally thanked the voters and is looking forward to getting a lot done in his last five months in office. Councilmember Kochmar provided information about a program the City of Auburn offers noting she would like to see a similar program in Federal Way to help with retraining workers. She referenced testimony earlier in public comment which requests the city enact a ban on impeding the right of way and public camping, along with other nuisance issues. She would like to see this researched by the City Attorney. Council President Honda reported on recent performances of the Rosebud Children's Theatre Conservatory and the programs they have for children and youth. She reminded everyone of the Repair Cafe which repairs broken household items, bikes, and electronics. She was pleased to report on the successful Kiwanis Salmon Bake where over 650 meals were sold and picked up: she is hopeful it will return to an in -person event next year. She referenced the email addresses (from the city website) where anyone can submit a letter for public comment at Council or Committee meetings. 9. EXECUTIVE SESSION Peter i+irs_4inn ` ❑tgSuan� '7 0 1 1 nti )ei1 canceled a- GG[leEtiVe SaFgaini Rg puFsuai,ito A2-- r1 14Q(4�canceled 10.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:42 p.m Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Regular Minutes Page 8 of 8 August 10, 2021 ,� CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES August 10, 2021 — 5:00 p.m. City Hall Council Chambers & remote via Zoom 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:01 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. Mayor Ferrell excused Councilmember Tran's absence. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — KING COUNTY HEALTH THROUGH HOUSING Mark Ellerbook, Division Director, introduced Leo Flor, Director of the King County Department of Community and Human Services, and thanked the Mayor and Council for allowing them to present information regarding the Health through Housing (HTH) Program. Mr. Flor presented background on this King County program. The program attempts to address the regional homeless crisis; he noted studies locally and nationally show the majority of individuals who have substance abuse will decrease their use and find care; that recovery programs are more effective when individuals are housed. He spoke to the benefits of single room housing over congregate shelters noting this program will attempt to address the over 6,000 people who currently sleep outside in King County. Purchasing existing facilities such as hotel properties will be less expensive and allows the program to house people within a shorter timeframe. In addition to properties in Seattle, there are now HTH locations in Federal Way, Redmond, Renton, and Auburn. Tenants will be required to pay 30% of their income to live in the facility. The HTH Program will fund site acquisition, building operation and on -site staffing 24/7 including case management for behavioral health, employment and other housing services. Federal Way City Council Special Minutes Page 1 of 3 August 10, 2021 Mr. Flor and Mr. Ellerbrook answered the City Council's clarifying questions about the program, including rules and regulations for drug and alcohol use, occupancy of local referrals (Federal Way residents), and how the provider will be selected. Councilmembers thanked Mr. Flor and Mr. Ellerbrook for the information and voiced concern with the lack of housing for homeless youth and the confirmation that background checks for serious or sexual offenses would not be done on prospective residents. It was also noted a school is located in close proximity to the Extended Stay location. Mr. Flor stated it is not a current policy to house adults and minors in the same facility or to require background checks, although case management is aware of individuals and their backgrounds. Additional questions were asked about the coordinated entry program, case management, the good -neighbor policy, and at what age young adults are considered adult population and eligible for housing at this location. Council suggested continued outreach and dialogue by King County with the community through open houses and community forums. 4. PUBLIC COMMENT City Clerk Stephanie Courtney read the rules regarding public comment into the record. Erica Norton spoke in opposition of King County Health Through Housing (HTH) sharing her opinion it will provide permanent housing to those who have no intention of getting clean or sober. She asked Council to not allow this housing in Federal Way. Jack Walsh expressed concerned this topic was not included on the Regular Meeting agenda when he believes there would be additional community involvement. Mr. Walsh shared from Federal Way Resolution 17-724 regarding safe injection sites and requested Council pass a similar resolution against this housing. Anna Patrick shared concerns regarding HTH including possible impacts on community members, businesses and concerns with the integrity of the available data. She believes this is a bad idea for the community. Cheryl Hurst expressed frustration about the number of homeless children within the Federal Way School District and suggested more be done to aid them and their families rather than focusing on the current demographic. Geoffrey Tancredi questioned if Washington State leaders would consider this if it was proposed in their own neighborhoods. Ken Blevens spoke to an online petition by Stand -Up Federal Way requesting a ban on public camping and asked the Council to take a strong stance on this issue. He shared his experience talking to many homeless individuals in the community. Jaiguelyn Copelx shared she does not feel Federal Way officials are activity representing citizens. She is concerned with the number of homeless children and youth which this program would not include. Allison Fine agreed that it would be ideal to see the housing filled with those from Federal Way as opposed to other cities. Ms. Fine noted that whether it be housing or incarceration the tax payers will pay the costs. She further noted this is a King County program and concerned comments should also Federal Way City Council Special Minutes Page 2 of 3 August 10, 2021 be directed at King County Council. Due to the length of the meeting and the need for the City Council to discuss matters in Executive Session, Mayor Ferrell asked for those in person and remote attend the regular meeting to provide public comments. 5. EXECUTIVE SESSION At 6:15 p.m. Mayor Ferrell announced the Council would recess into executive session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) and collective bargaining pursuant to RCW 42.30.140(4)(b) for approximately 20 minutes. Potential Litigation Pursuant to RCW 42.30.110(1)(i) Collective Bargaining pursuant to RCW 42.30.140(4)(b) 6. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:35 p.m. Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Special Minutes Page 3 of 3 August 10, 2021 COUNCIL MEETING DATE: Sept. 7, 2021 ITEM #: 6 a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPROVAL TO APPLY FOR STATE GRANT OF $50,000 WITH MATCH OF $50,000 FROM ARPA FOR BROADBAND STUDY POLICY QUESTION: Should the City Council approve submitting an application for a $50,000 state match grant application for a citywide Broadband feasibility and planning analysis? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tim Johnson, Economic Development Director DEPT: Economic Development Attachments: 1. Staff Memo Options Considered: 1. Approve the submission of the $50,000 grant and use of ARPA for match. 2. Do not approve propose funding and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: N/A �DLRL,C-rORAPPROVAL: i " !Daze Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the application for a state grant for $50, 000 with a $50, 000 match from city ARPA. " MEMO (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: September 7, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Tim Johnson, Director Economic Development SUBJECT: Application for State Grant for Broadband Financial lnipacts: The request is to receive approval to apply for a citywide broadband feasibility study through the State of Washington's Community Economic Revitalization Board (CERB), supported by matching funds of $50,000 from the Local Fiscal Recovery Funds (LFRF) from ARPA. There will be no impact on the General Fund. Policy Question: Should the City Council approve the Mayor's recommendation to apply for a state grant from the Community Economic Revitalization Board (CERB) with support from matching American Recovery Plan Act (ARPA) funding for a citywide broadband feasibility study? Backaround Information: Broadband is defined as a high-speed internet connection. The performance of the internet is measured as bandwidth, the maximum amount of data an internet connection can transmit in a given amount of time. The Federal Communications Commission (FCC) defines broadband as an internet connection that meets their benchmark of 25 megabits per second (Mbps) download and 3 Mbps upload. These have been the standards since 2015, but the standards change regularly as technology and connectivity improve. For example, before 2015, the benchmark was only 4 Mbps download /1 Mbps upload. There is currently a call for another increase in the benchmarks. Enhanced broadband would enable Federal Way to achieve multiple goals: Achieving the City Council Goal — High-speed broadband is essential for attracting, retaining, and growing technology companies. Meeting State Policy — Local government must meet new state broadband goals: o By 2024, all Washington businesses and residences should have access to high-speed broadband that provides minimum download speeds of 25 Mbps and minimum upload speeds of 3 Mbps. This State standard aligns with the Federal Communication Commission's (FCC's) current minimum standard for broadband. However, there is currently an effort to increase these federal standards. o By 2026, all Washington communities should have access to at least 1 Gbps symmetrical broadband service at anchor institutions like schools, hospitals, libraries, and government buildings. o By 2028, all Washington businesses and residences have access to at least one broadband provider with at least 150 Mbps symmetrical broadband service. Economic Development — Broadband is an essential infrastructure for business attraction and retention. If capital is the lifeblood of high-tech business, then broadband is the nervous system. A strong broadband network provides a fast, high -volume, and reliable flow of information connecting every aspect of a business and allowing greater efficiency and access to technology developments. Improving Diversity and Inclusion — Bringing quality broadband to every resident is essential for increasing equity access and economic welfare. Enhancing Education — Current, high -quality data informs the way educators shape programming for students. Efforts were made by the City through the CARES Act to the School District to increase student internet access. In early 2020, the City provided $100,000 to the District for acquisition of internet hotspots strategically located near the residences of students experiencing inadequate internet connections. However, this was a "band -aid" solution. It was identified by both City and School District IT staffs that areas of Federal Way lack service speeds to support the needs of students and their families. Enhancing broadband was identified early on in the pandemic as essential due to remote learning, work and the demands it brought on the existing broadband infrastructure in the City. Discussion: City staff has compiled case studies on cities with technology -based economies. These case studies show a construction and operation of high-speed broadband/internet for their communities as a key factor for their becoming a Tech Hub. The proposed feasibility and planning study will analyze what speeds are available in the city, what is needed, and how to close the gap between the two. This is the first step toward bringing fast, reliable, and inclusive broadband to Federal Way. N Should the City decide to embark on supplying broadband in any form, it will be required to report the following details to and for approval by its Mayor/City Council and to the State Broadband Office before providing telecommunication services: • An assessment of the current availability of broadband infrastructure and its adequacy to provide high-speed internet access and other advanced telecommunications services to end -users. • The location of where retail communications services will be provided. • Evidence relating to the unserved nature of the community in which retail telecommunications services will be provided and how to provide low to no cost service to those with a demonstrated need by income/wage. • Expected costs of providing retail telecommunications services to customers of the public entity. • Evidence that proposed telecommunications infrastructure will be capable of scaling to greater download and upload speeds to meet state broadband goals. • Sources of funding for the project that will supplement any grant or loan awards. • A strategic plan to maintain the long-term operation of the infrastructure and the expected installation charges and monthly costs for end -users. To ensure the City meets its goals of increasing diversity and inclusion and enhancing education, the City must consider how it will price its broadband services. Tiers of pricing could include a free tier (of, for example, 100Mbps symmetrical service) to those who can demonstrate a need for financial assistance. Currently, Federal Way has a large reliance on two main suppliers. Century Link provides only DSL service and Comcast does not provide adequate speeds for many households. There is need for affordable broadband that can handle the internet demands of a modern household. Insight by City and State staff identified that the typical cost is $75,000 to $100,000 for feasibility planning. The planning study will prepare the City for federal infrastructure grant(s) for the design, engineering, and construction of broadband. A subsequent report can examine the costs of design and engineering, which can be paid for either through ARPA, the federal infrastructure act, or through a combination of both, according to our federal lobbyists Van Ness and Feldman. 3 Timeframe for Actions: State CERB Grant Application Deadline September 27, 2021 Publish Broadband RFP October/November 2021 Negotiate Contract and Begin Implementation of Work December 2021 Begin Implementation of Work January 2022 Recommendation: • Approve the application for a CERB Grant for a broadband feasibility study. Apply for the maximum amount the State grant offers, $50,000. Submit the grant application by the upcoming grant deadline of September 27. • Approve grant match from ARPA/LFRF. Provide a one-to-one match for grant funds of $50,000 for a total study cost of $100,000. n COUNCIL MEETING DATE: September 7, 2021 ITEM #:_ 6b . . . ......... . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Diversity Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Diversity Commission is comprised of nine (9) voting members and one (1) alternate who are appointed by the City Council to serve three-year terms (per FWRC 2.65.030). There are currently four (4) vacant voting positions and one (1) vacant alternate position due to resignation and term expiration. Two (2) applications were received in response to the City Clerk's recruitment process. At their September 7, 2021 Special Meeting the Council interviewed applicants seeking appointment to the Diversity Commission (Allison Fine and Shante Lane). Options Considered: 1. Appoint the following applicants to the Diversity Commission with terms as follows: 1. Voting Member Expires 05/31/2024 2. Voting Member Expires 05/31/2024 1. Direct the City Clerk to advertise for additional applicants for the Diversity Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee ColittO Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A CITY CLERK APPROVAL: PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OrrIC ) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2016 RESOLUTION # COUNCIL MEETING DATE: September 7, 2021 ITEM #: 6c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SENIOR ADVISORY COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint members to the Senior Advisory Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: Per Federal Way Revised Code 2.62.030, the Senior Advisory Commission is comprised of up to nine (9) voting members and three (3) alternate members who are appointed by the City Council. Members and serve three (3) year terms without compensation. Currently there are three (3) vacant voting terms and two (2) vacant alternate positions due to term expirations. Three (3) applications were received in response to the City Clerk's recruitment process. At their September 7, 2021 Special Meeting the City Council interviewed two (2) current commissioners seeking reappointment (Lana Bostic and Catherine North) and one (1) new applicant (Margaret Lippert). Options Considered: 1. Make appointments to the Senior Advisory Commission as follows: Name Type Position Term Voting 08/31/2024 Voting 08/31/2024 Voting 08/31/2024 2. Direct the City Clerk to advertise for additional applicants for the Senior Advisory Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A �7 CITY CLERK APPROVAL: Committee C n Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Senior Advisory Commission_.. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # _ COUNCIL MEETING DATE: September 7, 2021 ITEM #: 6 d ........ ....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PLANNING COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Planning Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Planning Commission is comprised of seven (7) members and two (2) alternates who are appointed by the City Council and serve four-year terms (per FWRC 2.90.020). Currently there are two (2) vacant voting positions due to term expirations. Two (2) applications were received in response to the City Clerk's recruitment process. At their September 7, 2021 Special Meeting the City Council interviewed two (2) applicants who are current alternate commissioners seeking appointment to voting positions (Anna Patrick and Jae So). Options Considered: 1. Make appointments to the Planning Commission as follows: Name Type Position Term 09/30/2025 Voting Voting 09/30/2025 2. Direct the City Clerk to advertise for additional applicants for the Planning Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A ') I i CITY CLERK APPROVAL: committee C eii Tnittalll]atc Initial/Date 1,1iti.I a COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Planning Commission... " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onh) ORDINANCE # REVISED — 4/2019 RESOLUTION # COUNCIL MEETING DATE: September 7, 2021 ITEM #: 6e- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: YOUTH COMMISSION APPOINTMENT (EXTENSION) POLICY QUESTION: Should the City Council extend a Youth Commission term for one-year due to the interruption of the 2020/2021 school year from COVID-19? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office . Background: The Youth Commission is comprised of twelve voting and three (3) alternate members who are high school students who reside in the Federal Way city limits and are appointed by the City Council to serve two-year terms (per FWRC 2.60.040). Due to the COVID-19 outbreak and per Governor Inslee's Proclamation 20-28 in -person meetings were prohibited April 2020 through June 2021. Due to these circumstances the Youth Commission did not meet during the 2020/2021 school year. Current commissioner Ankit Gowda was appointed on March 17, 2021 and has been unable to work with the commission due to these closures. Staff has requested an extension to his term which currently is due to expire August 31, 2022 to instead expire in 2023 allowing him the standard two years of active service on the commission. Options Considered: 1. Extend the term of existing Youth Commission member Ankit Gowda through August 31, 2021 2. Do not extend the existing term. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date Initial/Date CITY CLERK APPROVAL: NTIOWM itistIlDate PROPOSED COUNCIL MOTION: "I move to extend the Youth Commission term for Ankit Gowda for an additional year; through August 31, 2023. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION #