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01-04-2022 Council Minutes - RegularWalk Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers January 4, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 p.m. City officials in attendance: Mayor Jim Ferrell, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Susan Honda, Councilmember Hoang Tran, Councilmember Jack Walsh, Councilmember Jack Dovey, 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 COUNCILMEMBER DOVEY MOVED TO ADD AN ITEM TO COUNCIL BUSINESS (ITEM 1) TO AUTHORIZE UP TO $1 MILLION IN OVERTIME FOR THE POLICE DEPARTMENT IN 2022; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember Norton yes Councilmember Dovey yes Councilmember Honda yes Councilmember Kochmar yes Councilmember Tran yes a. Oaths of Office/Swearing-In Ceremonies City Clerk Stephanie Courtney swore in Mayor Jim Ferrell. Mayor Ferrell then swore in Councilmember Erica Norton for position 2; Councilmember Hoang Tran for position 4; Councilmember Jack Walsh for the unexpired term for position 5; and Councilmember Jack Dovey for position 6. Councilmember Norton requested a briefing or study session on the upcoming budget for the new Councilmembers. She also thanked the voters and her husband for his support. Councilmember Tran thanked the voters for electing him to a second term and stated he will do his best to serve the community. He believes staff are essential to a well -run city and he wants to provide support to the staff for the next four years. Councilmember Walsh also thanked the voters, noting it was an honor and a privilege to serve. He thanked his wife for her support and the staff who worked during the most recent Federal Way City Council Regular Minutes Page 1 of 13 January 4, 2022 snow event to keep the roads clear and everyone safe. Councilmember Dovey thanked the staff and fellow Councilmembers for the support and looks forward to serving the community; he believes in a common-sense approach to city government. b. Election of Council President and Oath of Office Mayor Ferrell read into the record the procedures to be followed and opened the floor for nominations. COUNCILMEMBER NORTON NOMINATED COUNCILMEMBER LINDA KOCHMAR. COUNCILMEMBER ASSEFA-DAWSON NOMINATED COUNCILMEMBER SUSAN HONDA. Councilmember Honda withdrew herself from consideration. COUNCILMEMBER DOVEY MOVED TO CAST A UNANIMOUS BALLOT FOR COUNCILMEMBER KOCHMAR; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Honda yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Kochmar yes City Clerk Stephanie Courtney swore in Council President Kochmar. Council President Kochmar thanked the Council and spoke to working together collaboratively. c. Federal Way Public Schools EP&O Tax Levy Information & Tech Levy Mayor Ferrell introduced Dr. Dani Pfeiffer, FWPS Superintendent, who presented information regarding the Educational Programs and Operations Levy (EP&O) and Technology Levy which are on the ballot February 8, 2022. Dr. Pfeiffer noted these are both replacement levies and not new taxes. The Tech Levy has been continuously supported since its inception in 2004 and the EP&O Levy has been continuously supported since 1980. She provided detailed information on what each levy supports including student devices, cellular hotspots, classroom presentation stations and technology software. Likewise, the EP&O Levy will help fund nurses, paraeducators, college and career specialists, custodians, security staff, athletics, special education programs and more. She provided the breakdown of the funds which would be collected which is based on assessed value and encouraged everyone to visit the district website for more information. Greg Baruso representing Citizens for Federal Way Schools, spoke in support of funding needed programs and services in the schools and in making an investment in the future. School Board Director Eito also spoke in support of the levies and asked for the Council's endorsement and support. Council thanked Dr. Pfeiffer, Director Eito and all those in attendance for the presentation and information. Clarifying questions were asked regarding school nurses and if this would fund internet and laptop access for all students. At 7:17pm Mayor Ferrell announced the Council would be recessing for approximately ten Federal Way City Council Regular Minutes Page 2 of 13 January 4, 2022 (10) minutes to honor the newly sworn in members of the City Council. He reconvened the meeting at 7:33 p.m. Due to the amount of public in attendance and the number of requests for comments submitted, the Council concurred to move up public comment on the agenda to the next item. 4. PUBLIC COMMENT Gary Robertson shared disappointment regarding communication and the quality of performances at the Performing Arts and Event Center. Ann Blevens complained about snow pack at the end of her driveway as a result of the snow plows plowing her street. She shared her belief children who break laws should have consequences. Joseph Seia, Executive Director of the Pacific Islander Community Association, spoke against item 6a stating that the City should consider greater investments into restorative justice programs. Dioiani ue Davis spoke in opposition of agenda item 6a; Resolution: Requesting the King County Prosecutor Pause Implementation of the Restorative Community Pathways (RCP) Program Euqene Younqblood from the Freedom Project spoke in favor of restorative justice programs and criticized the City's slogan stating that item 6a hinders opportunity. Dyneeca Adams feels the community needs to be restored and the community pathways program is vital. Ken Blevens expressed concerns that the Federal Way school system is failing kids of all races and feels the community needs to do more to stop current patterns. Dominique Davis asked council not to pass a resolution without talking to those who created the RCP first; she asked Council to work with the community to come up with answers. Eddie Purpose with Progress Pushers expressed his opinion more funding is needed for Youth Violence Prevention Programs. Jimmy Brown feels the RCP program should not be discussed without first evaluating how to close gaps in education, wealth, and social and emotional support. Evan Cook urged Council to not cut the efforts of people who are working harder for less and asked Council to help the people help Council so that we can continue to uplift and help youth. Lamont Styles voiced skepticism with the City Council and what they promise to do for the community. He asked the Council and Mayor to take action for our kids. Sean Goode with the non-profit Choose 180, suggested a regional approach is needed; he believes young people are not problems to be solved but possibilities to be developed. Mark Spaur raised questions about the Milton Road area re -zone and the approved traffic study. Federal Way City Council Regular Minutes Page 3 of 13 January 4, 2022 Cynthia Ricks-Maccotan, Youth Violence Coordinator for Virginia Mason, a current Human Services Commission and former employee, spoke in opposition to 6a regarding the RCP program. She noted Federal Way is at the top of the list following Seattle and King County for youth referrals in the juvenile justice system. Sheley Anderson, former prosecutor, asked council to oppose the pause of a much -needed program; Restorative Community Pathways. Nancy Justice spoke regarding 6a. She agrees that this is a program that we need to work together on and desires to see children helped equally regardless of race. Anna Patrick believes there are many pieces to the justice puzzle and would like to get a better handle on gun violence. She supports a pause and would like to see the statistics and facts on this program. Carolyn Hoover believes in law and order. She shared a story of a youth who went to jail for crimes he committed and he turned his life around from there. David VanVleet asked Council to do more about crime and public safety and listen to the voters. Josias Jean-Pierre shared frustrations about the continued requests to the City Council for more resources. Israel Espinoza shared from his experience in prison and how it motivates him to invest in the community to better his life and others. Saudi@ Abdullah has worked twenty-five years in criminal justice system and is resident of the city, urged council to vote no against resolution item 6a. Pamela Asbe spoke about the brilliance of youth and our future, she asked to reject the pause on the RCP. Marcus Stubblefield asked Council to reject the resolution to pause the RCP program. He does not want to see Federal Way move backwards when the city should be moving towards being safe and well. Shannon Braddock, Chief of Staff to Dow Constantine, spoke in opposition to item 6a and asked Council to reject the resolution. She noted RCP aims to divert low-level first-time cases and has had wide level support from juvenile justice stakeholders. Tiarra Dearbone with the King County LEAD program shared that rampant crime is not a result of the RCP Program but rather from other failed approaches. Sai Samineni welcomed the new Council and spoke in opposition of item 6a stating that the program has not been functioning long enough. She would also like to see a focus on youth homelessness. Bob Drake indicated crime is out of control in the City and if you commit a crime, you should be prosecuted. He asked council to pass item 6a. Avan Musef spoke from her perspective and to some of the injustice she experiences, she has been involved and will continue to be involved. Federal Way City Council Regular Minutes Page 4 of 13 January 4, 2022 City Clerk read emails in support of the Restorative Community Pathways program (RCP) and in opposition to Council agenda item 6a from the following individuals: John Miller, Claire Clark, ❑oni Burkett, Malika Lamont, Lisa Daugaard, Thea Oliphant -Wells. Debbie Peterson, Joanna Howard, Carlecia Bell, and Calson Tiwevang. Email from Josh Kim read by the City Clerk expressing concern that Ordinance #818 would have negative consequences on upstanding hotels in the City. Following public comment, the Council returned to the Presentation portion of the agenda. d. Mayor's Emerging Issues and Report Snow and Ice Removal Update Public Works Director EJ Walsh provided an update on the recent snow and ice event which began on December 24. He noted crews logged 1,800 hours of plowing time over 9,000 miles, using 1,000 tons of salt over this eight -day event. He thanked staff who assisted with the crews at the Maintenance Yard, including those who came in to cook for the crews. He will be looking at cost estimates to add two additional plow trucks for the future. Mayor Ferrell thanked Director Walsh and the crews for their efforts in keeping the roads safe. COVID-19 Update Emergency Manager Ray Gross provided an update on COVID-19 noting the United States set a record the previous day for one -million plus cases in a single day. He noted King County is still in a high transmission state with a daily average of 137 cases. He provided an update on FEMA mobile vaccination unit at the Performing Arts and Event Center and the distribution of supply kits to local restaurants and long-term care facilities with the help of Public Health. Retail Safety Summit Chief Hwang noted the Retail Safety Summit would be held at City Hall on January 20 at 9:30 a.m. This meeting will give businesses the opportunity to share ideas and best practices for creating a safer downtown. The Police Department will also provide information on enforcement efforts. He noted this is a public meeting and may be moved to a remote setting, if needed. Sound Transit OMF South Update Public Works Director EJ Walsh provided an updated regarding Sound Transit's Operations and Maintenance Facility South. Over the last few years, Sound Transit has engaged the region seeking a site for this facility and has narrowed the possibilities to three locations; two options are located in the city. At the December meeting the Sound Transit Board selected the S 336th Street (Christian Faith Center/CFC) site as the preferred alternative. Director Walsh noted this does not remove the other two possibilities, however gives a direction to further study and focus on the 336th site. He noted the city is unaware how and when Sound Transit will address the city and resident comments provided thus far. Upcoming Events Mayor Ferrell noted the upcoming Martin Luther King Jr. Celebration will be a remote event Federal Way City Council Regular Minutes Page 5 of 13 January 4, 2022 and will be shown on Channel 21. He noted Washington State Korean -American Day is January 13. e. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Council President Kochmar noted the next meeting of the Council Committee will be January 11 at 5:00 p.m. and held remotely. She noted the Council Committee appointments will be made at the next City Council meeting. Councilmember Honda provided information and reported on her attendance at various regional meetings including a meeting regarding assisting seniors with banking. She expressed gratitude to Tim Johnson for putting this together and believes it will be beneficial for seniors. Land Use/Transportation Committee (LUTC): No report; next meeting is February 7. Finance, Economic Development, Regional Affairs Committee (FEDRAC): No report; next meeting is January 25. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported the next meeting will be January 12 at 10:00 a.m. via Zoom where they will discuss upcoming events and tourism updates. 5. CONSENT AGENDA a. Minutes: December 7, 2021 Regular and Special Meeting Minutes b. Resolution: Ratification of the 2021 WRIA 9 Salmon Habitat Plan/APPROVED RESOLUTION NO. 22-818 c. 2020 Asphalt Overlay Project — Final Acceptance d. Lakota Middle School Safe Routes to School — SW Dash Point Road Letter of Understanding with Verizon e. Adaptive Traffic Control, City Center Phase 2 — 85% Design Status Report and Authorization to Bid f. Acceptance of Housing Action Plan Implementation Grant COUNCIL PRESIDENT KOCHMAR APPROVED ITEMS A THROUGH F ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Honda yes 6. COUNCIL BUSINESS Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes COUNCIL PRESIDENT KOCHMAR MOVED TO EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 6 of 13 January 4, 2022 Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Honda yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes At 9:40 p.m. Mayor Ferrell announced the Council would take a brief recess. He reconvened the meeting at 9:49 p.m. a. Resolution: Requesting the King County Prosecutor Pause Implementation of the Restorative Community Pathways (RCP) Program Intergovernmental & Public Affairs Officer Steve McNey presented information regarding the proposed resolution asking King County to pause the RCP program. He noted Federal Way has been supportive of RCP, however the county failed to provide information to the city on what type of cases are eligible for this program and specifically cases filed by Federal Way that would be or had already been referred. Mr. McNey stated this resolution is requesting a pause on the program and believes diversion programs are important, however, noted many concerning crimes listed which would be currently eligible and cases are being referred without a judicial review. Councilmembers thanked Mr. McNey for the information and asked for further discussion on this issue, as the community is clearly invested and passionate. Multiple Councilmembers asked for a task -force or an opportunity to engage both sides of this issue. Additional Councilmembers asked about the funding for this program and if jurisdictions are being notified when cases are referred and to which providers. Mayor Ferrell reported the South King County cities were not consulted or notified this program. He shared this program has already begun and they have not been able to get status on Federal Way cases under King County jurisdiction. He has strong reservations on this program which does have include judicial review. Discussion centered on supporting youth and diversion programs and engaging the community and the South King County cities to have a voice to King County policies. Mayor Ferrell noted he received correspondence from the King County Executive's Office who offered to discuss the city's concerns. Council noted they are willing to postpone this to gather more information. It was requested the Mayor provide a status update at the future City Council meeting. COUNCIL PRESIDENT KOCHMAR MOVED TO TABLE THIS ISSUE TO FIRST MEETING IN FEBRUARY; SECOND BY COUNCILMEMBER TRAN. Council asked for an update be provided at the next City Council meeting. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Honda yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes b. Resolution: Amending City Council Rules of Procedure to add "Deputy Mayor"/APPROVED RESOLUTION NO. 22-819 Federal Way City Council Regular Minutes January 4, 2022 Page 7 of 13 City Attorney Ryan Call provided information regarding the request at the last council meeting council directing him to draft a resolution to add a new City Council position of Deputy Mayor. He briefly reviewed the proposed duties and role, which will work collaboratively with the Council President. The Council President is statutorily the Mayor Pro Tem. Councilmember Assefa-Dawson asked for clarification on why the change was needed and has not been needed previously. Council President Honda noted she supports this in the spirit of teamwork and believes it will be beneficial to help with the heavy workload. She acknowledged it is a trial to see if this can work. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Councilmember Assefa-Dawson yes Councilmember Walsh yes Councilmember Norton yes Councilmember Dovey yes Councilmember Honda yes c. Election and Oath of Office for Deputy Mayor Mayor Ferrell read the rules to be followed. Councilmember Walsh nominated Councilmember Honda as Deputy Mayor. No further nominations were provided. A unanimous ballot was cast for Councilmember Honda. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Honda yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes City Clerk Stephanie Courtney swore in Deputy Mayor Honda. d. 2022 Legislative Agenda Intergovernmental & Public Affairs Officer Steve McNey provided a report on the state legislative priorities. Priorities included items related to public safety, youth violence prevention, land use — zoning mandates, and requests for transportation revenues and projects (including City Center Access). Council thanked Mr. McNey for the information and asked clarifying questions regarding transportation funding and funding for the court. Mr. McNey noted the session would be remote which enables easier participation for citizens and Council who wish to watch and testify. Councilmember Assefa-Dawson supports adding a staff position to assist with and advocate for youth violence prevention programs and funding. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CITY OF FEDERAL WAY STATE LEGISLATIVE PRIORITIES FOR THE 2022 SESSION OF THE WASHINGTON STATE LEGISLATURE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 8 of 13 January 4, 2022 Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes e. Adjusting the Cost of Living (COLA) for 2022 for City Non -represented Employees HR Manager Vanessa Audett provided information requesting the Council authorize the Mayor to increase the COLA (cost of living adjustment) for non -represented employees from 2.5% to 3.5%. She noted this is an effort to keep non -represented employees closer to market rates and other neighboring cities and represented staff. She noted the cost including the "me too" clause is $162,000. Finance Director Steve Groom provided information on how the city is pooling the savings and this modification would not need a budget adjustment. Council thanked Ms. Audett and Mr. Groom for the presentation. Clarifying questions were asked regarding ongoing funding, and number of current vacant positions this affects. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED SALARY SURVEY IMPLEMENTATION PLAN, AND TO AUTHORIZE THE MAYOR TO IMPLEMENT SAID PLAN; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes f. Lakota Middle School Safe Routes to School — SW Dash Point Road Bid Award Public Works Director EJ Walsh presented this item on behalf of his staff. He noted due to grant deadlines this item skipped Committee and went directly to Council for approval. This item is a safe route to school project along Dash Point Road. He provided the specifics on the bid process, including the apparent low bid which was rejected due to not meeting all of the bid requirements. He noted WSDOT, the city's grant administrator, concurred with rejecting the bid and awarding to the next low bid, Active Construction, Inc. COUNCIL PRESIDENT KOCHMAR MOVED TO AWARD THE LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL — SW DASH POINT PROJECT TO ACTIVE CONSTRUCTION, INC., TO THE LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $2,036,036 AND APPROVE A TEN PERCENT (10%) CONTINGENCY FOR A TOTAL OF $2,239,639.60, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes g. Authorization to Accept Transportation Improvement Board (TIB) Grant Funding for Pacific Highway at 373rd Roundabout with Median Control Public Works Direction EJ Walsh presented this item on behalf of his staff which is grant Federal Way City Council Regular Minutes Page 9 of 13 January 4, 2022 acceptance for traffic improvements for a roundabout with median control at State Route 99 and S 373,d Street. He noted roundabouts provide more safety than adding a left -turn lane and or signalization. The median barrier will prevent left -turn and crossover collisions with U- turns available through this roundabout and the existing roundabout at Wapato Way. Council thanked Mr. Walsh for the information and presentation and asked clarifying questions on traffic flow in that area in particular and asked for confirmation the roundabout would be safer than the new one built in the same corridor further south in Fife. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE TRANSPORTATION GRANT; SECOND BY COUNCILMEMBER DOVEY. THE motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes h. Pacific Highway South Safety Corridor Improvements Public Works Director EJ Walsh briefed Council on the significant accidents that have occurred in the last quarter in the area of SR99/Pacific Hwy South and the south end of the city. He stated the city can make safety improvements in this corridor for approximately $225,000 which includes lane dividers to S 359th Street and install additional signage and install reader signs. He noted WSDOT is supportive of this effort and the city would need to secure permits from them prior to beginning work. He provided information on cost cutting measures of spacing out the lane dividers or only lining a portion of the roadway, however when conferring with other jurisdictions that seems to cause additional accidents of drivers making illegal and dangerous maneuvers to avoid the lane dividers. The materials would need to be ordered; estimated shipping time is 45 to 60 days. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE THE EXPENDITURE OF $225,000 AND THE CONSTRUCTION OF SAFETY IMPROVEMENTS ALONG PACIFIC HIGHWAY SOUTH BETWEEN S 373RD STREET AND THE TURN POCKET OF SOUTH 359TH STREET; SECOND BY COUNCILMEMBER ASSEFA DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes Added item — Police Overtime for up to 1.0 million dollars Councilmember Dovey would like to be on record to memorialize the request for the Mayor to work though the budget and ear mark overtime for the Police Department, which will enable the department to cut down on crime. In response to a question, Finance Director Steve Groom noted the City Council previously allocated $214,000 and he continues to monitor quarter by quarter. While he hesitates to Federal Way City Council Regular Minutes Page 10 of 13 January 4, 2022 support the request, he believes it could be possible. Chief Hwang provided estimates of the cost to add extra patrols with officers in training. Councilmember Tran questioned the analysis done to arrive at this dollar amount and if there would be unintended impacts to other departments within the city. Councilmember Dovey clarified the amount was intended as a cap of spending up to a million dollars over the year to enable the Chief to make impactful changes. Director Groom stated without new revenue, the city manages within the current budget and looks at monthly savings within that budget. Chief Hwang stated the department has received positive feedback from the emphasis patrols along Pacific Highway from business owners and the community. Chief Hwang and Mayor Ferrell responded to questions raised regarding the continued need for overtime, once the department is up to 150 officers. COUNCIL PRESIDENT KOCHMAR MOVED AUTHORIZE UP TO $1 MILLION IN POLICE OVERTIME AS NEEDED FROM WITHIN THE POLICE DEPARTMENT BUDGET FOR 2022; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes 7. ORDINANCES Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes First Reading a. Council Bill ##8191Modifying the City's Nuisance Code AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE CITY'S NUISANCE CODE TO ADDRESS CHRONIC NUISANCE PROPERTIES AND PROVIDING FOR EMERGENCY SUMMARY ABATEMENT FOR SEVERE AND EMERGENCY NUISANCES IN THE CITY; AMENDING FWRC 6.70.010; ADDING NEW SECTIONS TO CHAPTER 6.70 INCLUDING SECTIONS 6.70.020,6.70.030, AND 6.70.040; AND ADDING A NEW SECTION TO CHAPTER 1.15 INCLUDING SECTION 1.15.085. (AMENDING ORDINANCE NO. 00-374.) Assistant City Attorney Kent van Alstyne provided background information on the proposed modification of the city's nuisance code which regulates issues such as too much rubbish, shopping carts, and dumping oil in the sewer systems. He noted that while the code currently regulates nuisances, there is not a mechanism for repeat or emergent nuisances. He noted many surround jurisdictions have such a provision for this in their code. The proposed code changes include for regulation of chronic nuisance properties and emergency abatement. Public Comment — no comments received. City Clerk read the ordinance title COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 18, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes January 4, 2022 Page 11 of 13 b. Council gill #820/Proposed Code (12.35 FWRC) for Licensing Permanent Supportive Housing and _Transitional Housing and Emergency _Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO LICENSING OF PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.195.015, 19.200.045, 19.205.080, 19.215.070, 19.220.100, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095; AND ADDING A NEW CHAPTER 12.35 INCLUIDNG SECTIONS 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, AND 12.35.080. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-291, 99-333, 01-385, 02-423, 07-559, 09-605, AND 21-921.) Planning Manager Keith Niven provided background on this ordinance noting Council requested a licensing structure for Permanent Support Housing and Transitional Housing and Emergency Shelter as allowed by ESHS1220, which required jurisdictions to allow these uses. Mr. Niven presented the details of the proposed licensing requirement including the annual renewal, application fee, requirement for written safety plan, and conduct/operation expectations. Council thanked Mr. Niven for the presentation and asked clarifying questions regarding the annual fee, if long term care facilities are included, and requested adding "possession" of illegal drugs to the code of conduct requirement. Mr. Niven noted this is an operational plan on the expectation of how they operate. Public Comment: Helen Kubrick spoke in concern for neighboring businesses and areas who may have to deal with individuals with mental health issues. She would like to see the city select a preferred referring agency and would like the residents to be screened; she also requested the city limit the number of referrals from outside Federal Way. City Clerk read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 18, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER WALSH. COUNCILMEMBER WALSH MOVED TO AMEND THE MOTION TO PROHIBIT ACTIVITIES OF POSSESSION OF ILLEGAL DRUGS; SECOND BY COUNCILMEMBER NORTON. The amendment passed unanimously as follows - Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes The motion as amended passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes January 4, 2022 Page 12 of 13 Second Reading/Enactment c. Council Bill #818/Ordinance: Establishing a Licensing Program for Hotels and Motels/APPROVED ORDINANCE NO. 22-927 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A LICENSING PROGRAM FOR HOTELS AND MOTELS TO PROTECT PUBLIC SAFETY; ADDING A NEW CHAPTER 12.55 INCLUDING SECTIONS 12.55.010, 12.55.020, 12.55.030, 12.55.040, 12.55.050, 12.55.060, 12.55.070, 12.55.080, 12.55.090, 12.55.100, AND 12.55.110. City Clerk read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes 8. COUNCIL REPORTS Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Assefa-Dawson thanked those in attendance still at lam. She congratulated Deputy Mayor Honda and Council President Kochmar. She requested the Council be included in meetings and looks forward to working with them. She thanked the staff for their work on sheltering in the storms and for the city crews clearing the roads. She thanked Officer Tillford for saving children's lives. Councilmember Norton requested a study session for the budget. She would like to be briefed by department directors so that she can understand the budget and the needs. Councilmember Tran noted this is the longest meeting since he has been on Council. He expressed congratulations to Council President and Deputy Mayor and welcomed the three new Councilmembers. He wished everyone a Happy New Year. Councilmember Walsh appreciates all the work they do together and thanked the staff. Councilmember Dovey provided no report thanking everyone for a great meeting. Deputy Mayor Honda thanked the Public Works Department and other staff who have worked hard over the last eight to nine days for the snow event. Council President Kochmar referenced looking at a study session to discuss the budget. She also reviewed items discussed early in the meeting including the school board levy and the RCP concerns. She also noted she received a request from the school district to use Council Chambers for school board meetings. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 1:08 a.m. Attest: S ph nie Courtney City Clerk Approved by Council: D 1 119 f)012 Federal Way City Council Regular Minutes Page 13 of 13 January 4, 2022