05-02-2023 Council Minutes - RegularCIT
.� Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers
May 2, 2023 — 6:30 p.m.
1. CALL MEETING TO ORDER
Council President Kochmar called the meeting to order at 6:32 p.m.
City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda,
Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton (remote), Councilmember
Hoang Tran, and Councilmember Jack Walsh.
City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Council President Kochmar led the flag salute.
Council President Kochmar announced Councilmember Norton was participating remotely, and
excused Mayor Ferrell and Councilmember Dovey.
3. EMERGING ISSUES AND REPORT
Statement from Mayor Ferrell:
Council President Kochmar read a prepared statement from the Mayor. In light of the
legislature's failure to act on drug possession laws ("Blake -fix") by the end of the regular
session, Mayor Ferrell urged Council to support Council Bill #847, which creates a local law
establishing it a gross misdemeanor to 'knowingly' possess a controlled substance. The
statement further reported on the success of the recent trip to the Sister Cities of Hachinohe,
Japan and Donghae, South Korea. He shared that unfortunately, he contracted COVID-19
at the end of the trip and is following protocols to remain in Japan under quarantine; he
expects to return on Thursday, May 4.
Sister City Trip Reports:
Councilmembers Walsh, Tran, and Assefa-Dawson each shared their impressions and
take-aways from the Sister City trip. Councilmembers were impressed by their pristine parks
and lack of litter or graffiti; the Japanese and Korean cultures teach and value respect for
elders, environment, and the community. Councilmembers acknowledged and thanked
those who assisted with the trip planning and the Federal Way Korean Association for their
financial support; the hospitality and graciousness from both cities were unmatched and
unbelievably accommodating.
Introduction of new Communications Officer:
City Administrator Brian Davis introduced new Communications Officer David Solano, and
provided his background and prior experience. Council welcomed Mr. Solano to the city.
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May 2, 2023
Recent Community Events:
Policy Advisory Bill Vadino reported on recent events including the Grand Re -opening &
Ribbon Cutting for Hampton Inn & Suites on April 19, and the Mayor's attendance at the
Ribbon Cutting for New Grocery Outlet Bargain Market on April 20 at the former Met Market
location. He reported on the Parks Appreciation Day held on Saturday, April 22, thanking
Deputy Parks Director Jason Gerwen and staff for their coordination. The Earth Day
Community Litter Clean -Up Event at Panther Lake Elementary was also held on Saturday,
April 22 and was well attended.
Upcoming Community Events:
Policy Advisor Bill Vadino further noted upcoming community events including the National
Day of Prayer on Thursday, May 4; I'm Hooked Outdoor Experience at Steel Lake on
Saturday, May 6; Senior Health and Resource Fair at the PAEC on Thursday, May 11;
Opening Day for the Farmer's Market on Saturday, May 13 at The Commons; and the
Touch -A -Truck Event on Saturday, May 20 at the new location of Wild Waves.
4. PUBLIC COMMENT
Cheryl Hurst provided an update on the March of Diapers Drive sharing the Federal Way
community provided 12,633 diapers and 4,575 wipes out of the total of 412,019 diapers and
137,125 wipes collected. She presented the City a plaque in gratitude.
Jan Molinaro, Mayor of Enumclaw, invited the councilmembers who are not currently
participating with the Sound Cities Association (SCA) to attend their upcoming networking event
on May 31.
Geoffrey Tancredi reminisced on his time in the Army serving in South Korea. He spoke about
the areas near the Home and Home Department store (former Top Foods) and behind the
Dollar Tree noting they have been deteriorating and requesting they be cleaned up.
Susan Stronq witnessed a store manager having to confront two individuals who were camping
beside a retail store, blocking the emergency exit. She encouraged council to get better control
of the drug problem in Federal Way.
Mychal Trawick expressed concerns about safety in Federal Way and shared how his
neighborhood has been impacted.
Dr. Mohammed Saeed, 44-year resident, shared his disappointment with increased crime in
Federal Way. His neighborhood and his friends have seen an increase in crime in their
neighborhoods the last few years.
Chief of Police Andy Hwang shared the city has approved hiring thirteen additional officers
and a lot of the challenges the communities are facing are the result of policies made at a
state level.
Anna Patrick stated concerns around House Bill 1110 including the increase of middle housing
in areas traditionally dedicated to single-family detached housing. She is worried this will
jeopardize the City's tax base.
Kevin Morris asked for an update on the pool upgrades at the Community Center.
Deputy Park Director Jason Gerwen provided an update on unforeseen delays to the project
such as structural damage that was discovered along with permitting delays.
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Carolyn Hoover shared about her experience at a recent salmon release at the Hylebos Creek.
While there she became concerned about the care of the waterways and highlighted the need to
protect this environment.
Lana Bostic promoted the upcoming Senior Health and Resource Fair being held at the Performing
Arts and Event Center on Thursday, May 11 from 10:00 a.m. to 2:00 p.m. hosted by the Senior
Advisory Commission.
Natalie Ries expressed a desire to see an ordinance within the City to prevent habitual animal
abusers from being able to continually obtain and own animals.
Ken Blevens advocated for attendance at city council meetings to take a stand as residents and
work to implement change in the City.
Betty Taylor addressed the Special Council Meeting that took place before the Regular Meeting
where code amendments for board and commissions where discussed. She felt that Commissions
should have been invited to attend that meeting.
City Attorney Ryan Call clarified that the content will be presented to council at a regular
meeting in June.
Jeremy Winzer shared his experience working with youth and hoped they could experience the
Sister City relationship. He noted he has encountered issues with trying to find a gym for his youth
program due to his felony background.
Keegan Provo believes tow companies are over charging for services and urged the City to take
action to regulate tow company's charges.
Dara Mandaville expressed frustration with the Sister Cities trip and that the City chose to fund that
trip over addressing some other issues in Federal Way. She also followed up on the drug treatment
plan presented at the February 7, 2023 Special Meeting.
Bob Drake shared his support for the drug addicted city homeless program that was presented at
the February 7 Special Meeting. He believes Council should be receiving Eyes on Crime Federal
Way complaint emails, but noted they have not received a response.
5. PRESENTATIONS
a. Mayoral Proclamation: Neurofibromatosis Awareness Month — May 2023
On behalf of Mayor Ferrell, Council President Kochmar read and presented the
proclamation to Stephen Vacanti who accepted on behalf of his family, specifically his
sister Ashley. He provided insight into the effects of neurofibromatosis in effort to raise
awareness; he shared his hope for a cure.
b. Proclamation: Older American's Month — May 2023
Councilmember Assefa-Dawson read and presented the proclamation to the Senior
Advisory Commissioners. Chair Lana Bostic thanked the Council and noted their pride
in serving the senior community; she encouraged attendance at the first Senior Health
and Wellness Fair on Thursday, May 11 at the Performing Arts and Event Center.
c. Proclamation: Asian American and Pacific Islander Heritage Month — May 2023
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Councilmember Tran read and presented the proclamation to community partner Sania
"Sonny" Leuelu. Mr. Leuelu thanked the Council and provided information on the
importance of establishing connections and breaking down the communication barriers
for first -generation families. He invited the Council and community to the Island Bowl on
May 27 at Saghalie Park; this is an opportunity to share the Pacific Island culture and
build relationships.
d. Proclamation: Police Week — May 14-20
Deputy Mayor Honda read and presented the proclamation to Chief of Police Andy
Hwang. Chief Hwang extended his appreciation for the level of support from Council as
policy -makers; he also acknowledged the sacrifice the officers make every day for this
community.
e. King County Regional Homelessness Authority (KCRHA) Update
Community Services Manager Sarah Bridgeford introduced Nigel Herbig,
Intergovernmental Relationships Manager; Alexis Mercedes Rink, Director of Sub -
Regional Planning and Equitable Engagement; and Abby Anderson, South King County
Sub -Regional Planning Specialist. Ms. Mercedes Rink and Ms. Anderson provided
background and information on the King County Regional Homelessness Authority 5-
year plan and the entities progress to date.
Ms. Anderson provided information on the scope and scale of homelessness; the
current state of the homelessness system and how it is functioning; and how success is
measured to reach the goal of bringing unsheltered people inside as quickly as possible
to prevent death and further harm.
Council thanked Ms. Anderson and Ms. Mercedes Rink for the information and
presentation asking clarifying questions regarding the health care needs data, which
identify 31 % of homeless individuals experience a mental health disorder; and 37%
having a substance abuse disorder. Additional questions were asked regarding the
definition of "accidental death"; the location of the identified emergency beds in South
King County; the annual cost per housed person; and the status of the "Point in Time
Count".
Ms. Anderson and Ms. Mercedes Rink agreed to follow-up with answers to the questions
they were unable to address during the presentation.
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Councilmember Walsh reported the next committee meeting is May 9 at 5:00 p.m. He thanked
everyone who participated in the Parks Appreciation event last Saturday, and extended praise
to local student and American Idol contestant lam Tongi, who continues to do well.
Land Use/Transportation Committee (LUTC)
No report provided.
Finance, Economic Development Regional Affairs Committee (FEDRAC)
Councilmember Tran noted three items on the Consent Agenda were forwarded from
committee to Council for approval. He thanked Councilmember Dovey for Chairing the
FEDRAC Committee while he was out of the county. The next meeting is May 23 at 5:00 p.m.
Lodging Tax Advisory Committee (LTAC)
Councilmember Assefa-Dawson reported the next meeting is Wednesday, May 10 at 10:00
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May 2, 2023
a.m. where they will be discussing the grant application for future programs and projects.
Deputy Mayor & Regional Committees Report
Deputy Mayor Honda noted the AWC conference registration is open and encouraged Council
attendance. She reported on various regional committees including the PIC meeting and the
numerous agenda items. She thanked everyone who attended Parks Appreciation Day and
noted their commitment to keeping the parks healthy, and reported on other community events
on the same day including the Little League Opening Day. She extended praise to lam Tongi
on his continued success on American Idol.
Council President Report
Council President Kochmar also extended praise to lam Tongi and his family; she is proud to
have a young person on the national stage who is talking about values and honoring his family.
She reported on her attendance along with Deputy Mayor and Councilmember Assefa-Dawson
to the United Stated Global Leadership Coalition, hosted by Congressman Adam Smith which
discussed implications of climate change. She is concerned with the alarming rate of fentanyl
deaths.
7. CONSENT AGENDA
a. Minutes: April 18, 2023 Regular and Special Meeting Minutes
b. Monthly Financial Report - March 2023
c. AP Vouchers 3/16/2023 — 4/15/2023 & Payroll Vouchers 03/01/2023 — 03/31/2023
d. Surplus of Community Development Vehicle #83260
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A
THROUGH D; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmember Dovey excused
Councilmember Norton
yes
8. ORDINANCES
First Reading
a. Council Bill: #847: Ordinance Relatina to Misdemeanor Possession of Controlled
Substances; Adding New Section 6.1.130 to Chapter 6.10 FWRC
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
MISDEMEANOR POSSESSION OF CONTROLLED SUBSTANCES; ADDING NEW
SECTION 6.10.130 TO CHAPTER 6.10 FWRC.
City Attorney Ryan Call provided background on the Washington Supreme Court
decision that invalidated certain state law provisions that made it a felony to possess
specific controlled substances as the statute did not require the state to prove
knowledge. In light of this ruling the State Legislature passed a temporary measure
which focused on treatment options and referral requirements making criminal
enforcement extremely difficult; this law sunsets on July 1, 2023.
Attorney Call further noted if the state fails to pass a new statewide law it functionally
legalizes the possession of narcotics and other destructive drugs. The proposed
local fix is to enact an ordinance that makes knowingly possessing a controlled
substance a gross misdemeanor. The new ordinance would be enforced by the
Federal Way Police Department and prosecuted in the Federal Way Municipal
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May 2, 2023
Court. The language of the ordinance is identical to the original RCW with the
addition of the word "knowingly".
The City Attorney stated the Mayor strongly recommends the city does not allow a
gap with this protective measure, even though there is a strong likelihood of the
state passing a new law that would preempt local ordinances.
Councilmembers thanked City Attorney Call and asked clarifying questions
regarding the difference between misdemeanor and gross misdemeanor. Council
also stated strong opinions on taking immediate action and encouraged the
community to contact the state representatives on this issue.
Public Comment:
Alex Milsten spoke to the crime and drug use he sees in the city. He does not feel this
ordinance will be effective and encouraged the Council to look for a better solution such as
the Portugal model.
Ken Blevens questioned data presented earlier in the meeting by KCRHA regarding drug
addiction and homelessness; he noted his support for this ordinance and thanked Council
for working together and taking -action.
Anna Patrick thanked Council for questions raised earlier in the meeting during the KCRHA
presentation. She would like to see a feasibility study done to identify the path towards
treatment.
City Clerk Stephanie Courtney read the ordinance title
COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO
THE MAY 16, 2023 COUNCIL MEETING FOR THE SECOND READING AND ENACTMENT.
SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
9. COUNCIL REPORTS
No reports were provided.
10. ADJOURNMENT
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey excused
There being nothing further on the agenda; the regular meeting was adjourned at 9:39 p.m.
Attest:
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S ph nie Courtney
City Clerk
Approved by Council: 06'1lo-7023
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May 2, 2023