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Home My WebLink About11-03-2021 Council Minutes - RegularCITY OF VZ�A�L Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting November 3, 2021 — 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, 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: Native American Heritage Month — November 2021 Council President Honda read the proclamation recognizing Native American Heritage Month. b. Mayor's Emerging Issues and Report COVID-19 Report Emergency Manager Ray Gross provided an update for Federal Way and King County. He noted while vaccination rates in King County continue to climb, the county is still in a high state of transmission. He reported the Pfizer vaccine has reached final approval for children ages 5-11 years old. Farmer's Market Mayor Ferrell reported on the End of Season Event last Saturday at the market which included a costume event where Council President was a judge. He thanked the organizers of the Farmers Market for a great season! Caravel Autism Health Center Grand Opening The Mayor noted he attended the grand opening of the Caravel Autism Health Center on October 28 at its newest location in Federal Way on 333rd Street. The Center provides support and treatment. Federal Way City Council Regular Minutes Page 1 of 7 November 3, 2021 Veterans Day Veterans Day is Thursday, November 11 and City Hall will be closed. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported the next meeting would be November 15 which is a rescheduled date due to Councilmembers attending a conference. She noted the December meeting will be canceled. Land Use/Transportation Committee (LUTC): Chair Baruso reported on the items heard at the last meeting on November 1; he noted the next meeting will be December 6. Finance, Economic Development, Regional Affairs Committee (FEDRAC): Chair Tran reported the next meeting would be held November 23 via zoom. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the next meeting scheduled for Wednesday will likely be canceled. Regional Committees Report (PIC): Councilmember Moore provided no report. Council President Report: Council President Honda noted there would not a be an in - person Veterans Day program this year. She encouraged Councilmembers to sign up for SCA and AWC Committees for the next year and asked citizens to continue to contact Sound Transit regarding the OMF-South facility and the negative impact it would have on the city. 4. PUBLIC COMMENT Shana Mason with KN Outreach shared about the services their non-profit provides in the Federal Way community. Brad Thorson, President of Garage Town Association, spoke in concern regarding Sound Transit's upcoming decision on the preferred location of the OMF South facility. He asked Council to voice their concerns to the Board to urge Sound Transit to select the Midway Landfill site as the location of the facility. Ken Blevens expressed his desire to have in -person City meetings. Mayor Ferrell noted the next meeting on November 16 will be held in Council Chambers, as well as available remotely. S. CONSENT AGENDA a. Minutes: October 19, 2021 Regular and Special Meeting Minutes b. AP Vouchers (09/16/2021—10/15/2021) & Payroll Vouchers (09/01 /2021 — 09/30/2021) c. Monthly Financial Report — September 2021 d. Federal Way PAEC Ticketing Systems Proposal Acceptance Federal Way City Council Regular Minutes Page 2 of 7 November 3, 2021 e. Acceptance of the US Small Business Administration Shuttered Venue Operators Supplemental Grant Award for the Performing Arts and Event Center COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEM A THROUGH E ON THE CONSENT AGENDA; 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 6. PUBLIC HEARING Mayor Ferrell opened the public hearing at 6:54 p.m. a. 2021-2022 Mid -Biennial Budget Adjustment (as required by RCW 35A.34) Finance Director, Steve Groom, provide information related to what the budget adjustment accomplishes. This adjustment will amend the budget for items the City Council has previously approved; extends project spending forward from 2021 to 2022; and also, funds needs from savings which were not known at the time the budget was adopted. He provided adjustments in the General Fund to include economic support for the Community Center and Dumas Bay Centre; insurance premium adjustment, consultant for a city sub -area plan related to the South Sound Transit station, IT related security issues, and the increase in staffing and vehicles in the Police Department. Director Groom also provided details on amendments to other funds including the overlay program, red-light photo fund funding the body worn camera program, jail services, and transportation projects. In conclusion Mr. Groom noted all Council -approved items will now be in sync in the amended budget and all funds remain with the City Council's Fund Balance Reserve policies. No public comment was provided. Mayor Ferrell noted this is the first of two required public hearings on the budget. COUNCIL PRESIDENT HONDA MOVED TO CONTINUE THE PUBLIC HEARING ON THE 2021-2022 MID -BIENNIAL BUDGET ADJUSTMENT THE NOVEMBER 16, 2021 COUNCIL MEETING; SECOND BY COUNCILMEMBER TRAN. 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 BUSINESS a. 2019 Salary Survey Implementation Federal Way City Council Regular Minutes Page 3 of 7 November 3, 2021 Human Resources Manager, Vanessa Audett, provided the history of the most recent citywide salary survey which was authorized in 2019 and due to COVID was delayed in completion and has not been implemented. She noted the previous review of salaries was done in 2008 prior to the economic recession and results were never implanted. Ms. Audett spoke to the results of the study which show employees dissatisfaction due to inadequate staffing, heavy workloads, and under market compensation. The voluntary turn over rate is currently at double from 5-years ago. The implementation plan would include market adjustments to adjust the salary ranges for 89 non -represented positions. The cost of this adjustment is $23,157 per month and annualized cost of $277,884 and is funded through the 2021-2022 budget. She recommended making this adjustment to restore faith of employees by bringing longtime under market classifications closer to market wages. Ms. Audett noted the survey data is aging as it was done in 2019, and the comparable data from other jurisdictions continue to change. Moving forward she recommends bringing the process in-house for an on -going salary review policy and procedure; and aligning future salary surveys with the budget process. Finance Director, Steve Groom, provided feedback on how to fund the adjustment noting increasing the city's expenses does strain the current year budget and puts the budget on a new trajectory with implications for future years. He noted the recommendation of the HR Manager to implement changes gradually is the best option and then plan for future budgets. He explained how this cost can be covered by salary savings which have not been accounted for in other areas to a total of $277,000 in the current year and generally budget savings from next year. Council thanked Ms. Audett and Mr. Groom for the information and asked for clarification regarding the number of vacancies current and expected to fund the savings; if the city can look at offering internal internships for staff to move up in different positions or departments; and if there is a proposal for workload issues addressed in the survey. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED SALARY SURVEY IMPLEMENTATION PLAN AND AUTHORIZE THE MAYOR TO IMPLEMENT SAID PLAN; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes b. Adding New Position of Title VI/VIII/Diversity Equity and Inclusion (DEI) Analyst Community Services Manager, Sarah Bridgeford, provided information regarding the part- time DEI Coordinator position Council authorized in the biennial budget. The position is currently vacant and in working with Human Resources, Community Services and Public Works staff have created a full-time Title VI/VIII/Diversity, Equity and Inclusion Analyst position to be funded through the General Fund, CDBG Fund, and Capital Transportation Fund. Ms. Bridgeford noted the creation of the full-time, fully funded position was the collaboration of discussions between the three divisions and she provided primary proposed duties both internal and external. Deputy Public Works Director, Desiree Winkler, and Human Federal Way City Council Regular Minutes Page 4 of 7 November 3, 2021 Resources Manager, Vanessa Audett, also spoke to the proposal noting this is a great use of funding to create a full-time position at a higher level (analyst) than a part-time coordinator position. An analyst would be able to look city wide with the DEI lens and bring back impactful recommendations to the Diversity Commission for review and implementation. Council thanked Ms. Bridgeford, Ms. Audett and Ms. Winkler for the information and proposal submitted. Clarifying questions were asked regarding concern of the CDBG and Transportation job duties would pull away from the DEI needs. Director Groom spoke to the sustainability of the funding for this position. COUNCIL PRESIDENT HONDA MOVED TO CREATE THE PROPOSED POSITION TO BE FUNDED THROUGH A COMBINATION OF GENERAL FUND, TRANSPORTATION FUNDING (306), AND CDBG FUNDING (119); 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. Catering Services at Dumas Bay Centre Parks Director John Hutton provided information regarding the recent departure of the staff Chef position at Dumas Bay Centre. With reservations on the books for the rest of 2021, staff have secured a contract for catering services through Cafe Pacific. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED CONTRACT; SECOND BY COUNCILMEMBER CRAFT. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 8. ORDINANCES First Reading a. Council Bill #81310rdinance: Adopting 2021 King County Surface Water Design Manua_ i (KCSWDM) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC 16.20.010 AND 16.25.010 (AMENDING ORDINANCE NOS. 99-352, 09-630, 16-828). Public Works Director EJ Walsh provided the report on this item requesting Council adopt the 2021 King County Surface Water Design Manual and the 2021 City of Federal Way Addendum to the King County Surface Water Design Manual. Mr. Walsh provided the background and key changes in both the King County Manual and the City of Federal Way Addendum to the manual. No public comment was received City Clerk read the ordinance title. COUNCILMEMBER BAURSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 16, 2021 COUNCIL MEETING FOR SECOND READING AND Federal Way City Council Regular Minutes Page 5 of 7 November 3, 2021 ENACTMENT; SECOND BY COUINCILMEMBER CRAFT. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes b. Council Bill #81410rdinance: Revising FWRC 6.35.030 relating to Pedestrian Interference AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PEDESTRIAN INTERFERENCE AND OBSTRUCTIONS WITHIN PUBLIC RIGHTS - OF -WAY; AMENDING FWRC 6.35.030. (AMENDING ORDINANCE NOS. 20-887, 15- 802, 15-784, 11-697, 08-576, 05-509, 94-214, AND 91-89) Assistant City Attorney Joanna Eide provided background on this proposed ordinance and how it aligns and clarifies existing code language. She noted the city regulates public property including parks, rights -of -way, sidewalks and benches. In response to citizen concerns staff was directed to bring recommendations forward to address safe and effective use of public property. Ms. Eide noted the proposed ordinance adds language explicitly prohibiting specific activity and adds clear exemptions for restrictions for people with disabilities, or activities with an issued permit. The ordinance would also add a definition of "sidewalk" as it is currently defined in the FWRC for consistency and clarity. She further defined the enforcement, follows current case law, clarifies existing language for enforceability and adds detail and provisions to ensure sidewalks and other areas within the public rights -of -way are not obstructed and may be used by the public as intended. Council thanked Ms. Eide for the presentation. Multiple Councilmembers asked for clarification regarding criminalizing homelessness and asked for the Police Chief to provide feedback on the current laws regarding pedestrian interference. Chief Hwang answered questions regarding the enforceability of the current ordinance and the current procedure the department follows. Discussion continued. City Attorney Call clarified there has been recent changes to the law and this is an attempt to clarify the law and ensure the public can use the sidewalks and benches as they are intended too; which is not for long-term use or for sleeping. Mayor Ferrell noted this was in response to an uptick in citizen complaints regarding interference and safety concerns in the rights -of -way. Public Comment: Jack Walsh expressed support for this ordinance stating that sidewalk obstructions impact businesses and those trying to use these businesses. Ken 8levens gave his support for this ordinance, and feels this will help with what he believes to be a public health crisis in Federal Way. He believed the city should be walkable to everyone. City Clerk read the ordinance title Federal Way City Council Regular Minutes Page 6 of 7 November 3, 2021 COUNCILMEMBER KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 16, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER HONDA. The motion fails 4-3 as follows: Council President Honda yes Councilmember Assefa-Dawson no Councilmember Baruso yes Councilmember Tran no 9. COUNCIL REPORTS Councilmember Craft no Councilmember Moore no Councilmember Kochmar yes Councilmember Assefa-Dawson, Councilmember Tran and Councilmember Moore had no report. Councilmember Baruso thanked staff for the DEI position presentation. Councilmember Craft thanked all that participated in public comment and is looking forward to in - person meetings. Councilmember Kochmar noted her excitement for the upcoming holidays and a community tree lighting event this year. She inquired if the city could provide funds to the Multi -Service Center for meals for those in the community who are in need. She was also pleased to attend the ground- breaking event for the new Lakehaven Administration Building on 320th which has been planned for over 40-years. Council President Honda is excited to return to in -person meetings as she has struggled with connectivity issues with zoom. She is concerned over rules for restaurants ion King County to verify vaccination status for patrons; she feels this hinders business and encourage restaurant owners to track and show losses for those they have had to turn away. 10. EXECUTIVE SESSION •i��ii7l�iiL�i" � - � - - - 11.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:04 p.m. Attest: *96a�, N4� h nie Courtney City Clerk Approved by Council: ''' I., i _ .. _ , Federal Way City Council Regular Minutes Page 7 of 7 November 3, 2021