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09-07-2021 Council Minutes - Regular1kCIT vz�� Federal Way CITY COUNCIL REGULAR MEETING MINUTES September 7, 2021 — 6:30 p.m. Remote Meeting 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:34 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 ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Proclamation: National Recovery Month — September 2021 Councilmember Moore read and presented the proclamation to Jamie Lee, LICSW, Special Projects Manager for King County Behavioral Health and Recovery Division. Ms. Lee thanked the Council and acknowledged the work being done in Federal Way; she also introduced Janet Bardossi from Telecare and Rose Baldridge from Valley Cities who also work and assist Federal Way residents with recovery -based programs. b. Proclamation: Constitution Week Council President Honda read and presented the proclamation to Sally Jarvis with the Daughters of the American Revolution, Lakota Chapter. Mrs. Jarvis thanked the Mayor and Council and reflected on the history and importance of the United State Constitution. c. Mayor's Emerging Issues and Report Report on Citizens' Request Regarding Homelessness Policies At the direction of Mayor Ferrell, City Attorney Ryan Call provided a report in response to citizens' request to the Mayor and Council to enact new regulations to combat vagrancy in public spaces. The request included requests to implement and enforce a ban on public Federal Way City Council Regular Minutes Page 1 of 7 September 7, 2021 camping (including benches, bus stops, rights -of -way and sidewalks); implement and enforce a ban on the public use of illegal substances and public intoxication; and create and fund a homeless service coordinator to connect the homeless to appropriate services. Mr. Call provided the legal background on which of these proposals may be possible in Washington State. He stated the city currently has a pedestrian interference ordinance which can be amended to clarify and expand existing prohibitions on people blocking sidewalks and roads in ways that interfere with their intended public use. Enacting a city- wide ban on sleeping outdoors would be unconstitutional, however the city does prohibit being in parks or storing tents in parks after closing and camping at city facilities in general. City Attorney Call also noted the United States Supreme Court ruled the government could not criminalize a state -of -being, such as sleeping or being drunk, however they can criminalize acts such as driving while intoxicated or drinking in public. These crimes are addressed in current laws including DUI and disorderly conduct. He also explained the State already prohibits public use of alcohol and marijuana and possession of narcotics is a misdemeanor crime. State preemption prevents the city from enacting harsher laws or penalties. Creating a Homeless Service Coordinator position is within the city's authority. Currently these tasks are split between the Human Services Department and the Police Department and there is not direction from the mayor at this time to create a new staff position. The Mayor and Council thanked City Attorney Call for his briefing. COVID-19 Update Policy Advisory Bill Vadino provided recent information regarding COVID-19 cases, deaths and hospitalizations. According to King County Public Health the numbers are at a new peak and they are asking people to limit travel and indoor activities when possible. He also noted many of the large venues and sports events will begin requiring vaccination status or a negative COVID-19 test in effort to limit additional transmission risk to participants and spectators. Federal Way Environmental Review Update Communications and Government Affairs Coordinator Steve McNey reported on the ongoing work on climate change. The City recently singed the King County -Cities Climate Collaboration (K4C) Agreement and will be working on a survey for Federal Way to identify areas for improvement. The Federal Way Environmental Committee will be meeting this Fall to work on addressing climate change in the city. Recent Events Mayor Ferrell reported on the second Movie in the Park at Town Square on August 14 which offered the Disney movie "Onward". He also noted the annual Lion's Club Car Show was held on August 28 as well as the Hanwoori Garden Project ground breaking. upcoming Events Mayor Ferrell invited the community to the 9/11 Veterans Memorial Dedication Ceremony at 11:00 a.m. at the Town Center Steps near the Performing Arts and Events Center, Saturday, September 11 at 11:00 a.m. He further noted South King Fire and Rescue will Federal Way City Council Regular Minutes Page 2 of 7 September 7, 2021 also have a 9/11 20th Anniversary Memorial Ceremony at the fire station on S 320th Street near Military Road at 1:00 p.m. d. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported the next meeting would be September 14 at 5:00 p.m. and via Zoom. She also reviewed the items on the Committee agenda and noted her support of looking at ways they could work together with the school district and potentially hold a joint public meeting. Land Use/Transportation Committee (LUTC): Chair Baruso reported the August meeting was canceled and the next meeting will be Monday, September 13 at 5:00 p.m. via Zoom. He noted the action items on the agenda and invited the public to attend and provide comment. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported there was no meeting in August and the next meeting would be Tuesday, September 18 at 5:00 p.m. via Zoom. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the September 8 meeting has been canceled and the next meeting will be October 13 at 10:00 a.m. Regional Committees Report (PIC): Councilmember Moore reported he would be attending the Sound Cities Association meeting tomorrow and would report back to Council. Council President Report: Council President Honda noted the Sound Cities Association (SCA) PIC meeting is very informative and accessible for Councilmembers to attend virtually to listen to topics discussed by the 38-member cities. She further provided information about the decision to go back to remote meetings while COVID numbers are on the rise in effort to protect the public and staff. She is hopeful the in -person Council Retreat on October 9 will still be held at Dumas Bay Centre; she asked Councilmembers to forward agenda topics for the retreat to her at their earliest convenience. 4. PUBLIC COMMENT City Clerk Stephanie Courtney read the rules regarding public comment into the record Bob Drake shared his objection of low barrier housing. Mr. Drake encouraged Council to establish rules for housing programs and shared his ideas for how those being housed can help contribute back. Jacquelyn Copley shared concerns regarding public safety within the City. Debbie Peterson advocated for early learning in the community and asked people to be mindful and supportive of the childcare providers. Ken Blevens provided public comment regarding the HB 1220 and his understanding of the bill. Mayor Ferrell asked Community Development Director Brian Davis to clarify HB 1220. Mr. Davis outlined the bill and clarified the City is working to setup regulations and adopt standards to establish limits and controls. Federal Way City Council Regular Minutes Page 3 of 7 September 7, 2021 Allison Fine shared her gratitude to the City leadership and staff for their work to be factual and transparent. She also raised awareness for how diverse mental health and addiction can be. Sai Samineni encourages community members who are upset with County -level decisions to attend King County Council Meetings. Ms. Samineni raised two concerns: a lack of childcare in Federal Way and the need for more violence prevention resources. Email from Susan Dissmore read by the City Clerk sharing her concerns regarding House Bill 1220 establishing permanent supporting housing and her request for local leaders to incorporate zoning code amendments to enhance the city and lessen crime. Email from Dara Mandeville read by the City Clerk sharing her concerns regarding the National Recovery Month proclamation, refugee housing and the Eyes on Federal Way App. Email from Sarah Nelson read by the City Clerk voicing concerns about drug use and criminal activity in Federal Way. Email from Jim & Carolyn Hoover read by the City Clerk speaking in opposition of King County's purchase of the Extended Stay Hotel. Email from David Zumwalt read by the City Clerk asking Council not to proclaim September as National Recovery Month until better policies and programs are in place to assist in recovery. Email from Stephanie Smith read by the City Clerk addressing crime and drug use she has witnessed around The City. Email from Brenda MacRae read by the City Clerk opposing no barrier housing. Email from Luckisha Phillips read by the City Clerk asking for increased child care services in Federal Way. Email from Tiffany Lafontaine read by the City Clerk asking the City to partner with Child Care Resources to increase available child care in Federal Way. Email from Lyn Idahosa read by the City Clerk asking for increased child care services in Federal Way. At 8:18pm Mayor Ferrell announced the Council would take a brief recess for approximately fifteen minutes. At 8:34 p.m. the Mayor reconvened the meeting. David VanVleet provided public comment regarding the HB 1220 and his understanding of the bill. 5. CONSENT AGENDA a. Minutes: August 10, 2021 Regular and Special Meeting Minutes COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEM A ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember earuso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Federal Way City Council Regular Minutes September 7, 2021 Page 4 of 7 6. COUNCIL BUSINESS Mayor Ferrell recognized Councilmember Assefa-Dawson who provided additional comments regarding the Lodging Tax Advisory Committee including the return of the annual Desna Cup and various tourism activities at the Performing Arts and Event Center. a. Approval to Apply for State Grant of $50,000 with Match of $50,000 from ARPA for Broadband Study Economic Development Director Tim Johnson provided information on the request 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 city-wide broadband feasibility study. Mr. Johnson noted this is in line with the Council goal of becoming a tech -hub and to identify the possibility of expanding broadband in the city to assist students, seniors, and businesses. Council thanked Mr. Johnson for the presentation and asked clarifying questions. He noted this is the first step and the feasibility study will provide more information and direction. IT Director Thomas Fichtner also provided input noting the city has been taking small opportunities to build conduit and fiber connectivity in working towards this goal. COUNCIL PRESIDENT HONDA MOVED APPROVAL TO SUBMIT A GRANT APPLICATION FOR $50,000 AND USE OF ARPA FUNDS TO MATCH; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes b. Diversity Commission Appointments Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes COUNCILMEMBER KOCHMAR MOVED TO APPOINT ALLISON FINE AND SHANTE LANE TO THE DIVERSITY COMMISSION TO VOTING POSITIONS WITH TERMS TO EXPIRE MAY 31, 2024; 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 c. Senior Advisory Commission Appointments COUNCILMEMBER KOCHMAR MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE SENIOR ADVISORY COMMISSION: CATHERINE NORTH TO A VOTING POSITION WITH A TERM TO EXPIRE AUGUST 31, 2024; LANA BOSTIC TO A VOTING POSITION WITH A TERM TO EXPIRE AUGUST 31, 2024; AND MARGARET LIPPERT TO A VOTING POSITION WITH A TERM TO EXPIRE AUGUST 31, 2024; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 5 of 7 September 7, 2021 Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes d. Planning Commission Appointments Due to additional interviews scheduled, no action was taken on this item e. Youth Commission Appointment (term extension due to COVID-19) COUNCILMEMBER KOCHMAR MOVED TO EXTEND THE YOUTH COMMISSION TERM FOR ANKIT GOWDA FOR AN ADDITIONAL YEAR; THROUGH AUGUST 31, 2023; 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 7. COUNCIL REPORTS Councilmember Assefa-Dawson noted September 11 is the Ethiopian New Year and the anniversary of when she arrived in the United States. She will be attending the 9/11 Veterans Memorial Dedication Ceremony at the Performing Arts and Event Center. She noted she attended her son's White Coat Ceremony in New York. She is interested in discussing a Homeless Services Coordinator position. Councilmember Baruso asked everyone to get vaccinated and wear face coverings as he has seen increase in breakthrough cases. He cautioned everyone to look into the mandatory long-term care plan that will be an additional payroll tax; individuals have until November 1 to opt out with an alternative plan. He will be attending the 9/11 events and asked for an update on filling the vacant Diversity and Equity Inclusion (DEI) Coordinator position. Councilmember Tran thanked Council for their support and noted he has been handling family issues lately. He looks forward to a long vacation in his future. Councilmember Craft wished her Jewish friends a Happy New Year and she is pleased the community is able to support and help Afghan refugees. She also supports a discussion on affordable childcare and appreciates hearing the comments and concerns of the community. Councilmember Moore echoed previous comments regarding affordable childcare options and noted he can relate as a father of a 5-month old. He believes the city should be finding solutions especially for the middle-class families. Councilmember Kochmar referenced public comment and agreed with the importance of social and emotional development of children in pre-k and pre-school settings. She believes there are important skills young children learn and can affect them as they age in school and in life. She noted her support of police and firefighters; she will attend the events for the 20th Anniversary of the 9/11 terrorist attacks. She also requested a report on the housing of Afghan refugees. Council President Honda reminded the community about the open house regarding the Housing Action Plan (HAP) Thursday, September 16 from 4:30 p.m. to 7:00 p.m. at the Performing Arts and Event Center. She noted city staff has done a wonderful job on this project and Council requested there be an in -person option for anyone who would like more information or to provide feedback on the different types of housing in the city over the next 20-years. She referenced her husband working Federal Way City Council Regular Minutes Page 6 of 7 September 7, 2021 remotely for Weyerhaeuser and asked the Mayor to re-evaluate the lack of a remote work policy for city staff. She also reflected on the 20th Anniversary of the 9/11 terror attacks and she hopes the hope, resiliency, and compassion shown in the days following the attacks is never forgotten. She encouraged families to watch programming together so that younger generations understand that day in history. 8. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:20 p.m. Attest: /Vg St anie Courtney City Clerk Approved by Council: 0112(12021 Federal Way City Council Regular Minutes Page 7 of 7 September 7, 2021