04-06-2021 Council Minutes - RegularCITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Remote Meeting
April 6, 2021 — 6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting held remotely 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 ALLIGIANCE
Mayor Ferrell led the flag salute.
3. MAYOR PRESENTS KEYS TO THE CITY TO ESSENTIAL WORKERS AND FIRST
RESPONDERS
Mayor Ferrell introduced the recipients of the Key to the City sharing the text from the
plaques: On behalf of a grateful community we honor your selfless sacrifice and service. We
are inspired by all you have done to help the sick, needy, friend, neighbors, and our families
under the most trying circumstances of our time. You are all heroes and we honor and
appreciate you.
a Federal Way Healthcare Workers
Valarie Howard, ICU Monitor Technician at Swedish, thanked the Mayor and
Council for the honor expressing her amazement to be the one accepting the
award on behalf of all healthcare workers.
Gloria Brigham, Director of Nursing Practice with Washington State Nurses
Association (WSNA), noted nurses have been on the frontlines since before the
pandemic was recognized as such. She shared her pride at being able to
represent the front-line nurses and express gratitude on their behalf.
Dino Johnson, COO CHI Franciscan thanked the Mayor and Council for their
ongoing support and recognition of St. Francis.
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April 6, 2021
• Federal Way Grocery Workers
Christopher Navarrette, UFCW 21, noted the grocery workers have been going
to work every day putting both themselves and their families at risk and he
appreciates the recognition. He believes this award is deserved by every grocery
worker.
• Federal Way Police Department
Deputy Chief Kyle Sumpter expressed gratitude for the recognition of all police
officers and police department employees. He shares it has been and remains
their pleasure to serve this community; it remains their commitment to show up
and serve every day.
• South King Fire & Rescue
Fire Station 62 Crew and Chief Pennington thanked Mayor Ferrell for the for
incredible honor and the ongoing partnership they have with the city.
4. PRESENTATIONS
a. Proclamation: Condemning and Combating Racism, Xenophobia and Intolerance
Against Asian American and Pacific Islanders
Council President Honda and all councilmember read portions of the proclamation
presenting it virtually to Korean Consul General Kwon as well as Daniel Kim and Yina
Yoon from the Federal Way Korean American Association.
Korean Consul General Kwon expressed his pleasure to be in attendance and see
democracy working in Federal Way. While he is not an immigrant but instead a diplomat
he feels close to the city and appreciates the stance the city has taken against any and
all discrimination.
Mr. Kim shared the pride the Korean Community takes in leading the City of Federal
Way together with the Mayor and Council. He expressed deep gratitude for
proclamation against racism.
Council thanked and acknowledged the importance of showing solidarity in our
community, especially as we combat racism and hate. They noted our diverse
community and welcome all.
b. Proclamation: Sexual Assault Awareness Month — April 2021
Council President Honda read and virtually presented the proclamation to Paola
Fernandez, King County Sexual Assault Resource Center Case Manager. She
accepted the proclamation and spoke of the victims and the hard work of many in the
community to support those in need of help.
c. Mayor's Emerging Issues and Report
• Covid-19 Update
Emergency Manager Ray Gross provided an update noting the upcoming Monday
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will be the first state level assessment. If a county misses a mark the state will make
the determination to move back to Phase 2 on the following Friday. Current numbers
indicate Federal Way is doing okay
• American Rescue Plan Act of 2021
Economic Development Director Tim Johnson provided an update on the American
Rescue Plan Act noting it was signed on March 11 and the Federal Government has
sixty days to provide guidance to jurisdictions.
• Report on the Drive-thru Diaper Donation Drive (3/27)
Mayor Ferrell announced the 7th Annual March of Diapers being run by Cheryl
Hurst. She has been working with her husband and Shelley Pauls along with other
volunteers and has collected over 250,000 diapers and 136,000 wipes. These
donations benefit 15 non-profit organizations including the Multi -Service Center,
Federal Way Day Center, and FUSION Transitional Housing.
• State and Federal Legislative Update
Communications and Governmental Affairs Coordinator Steve McNey and Federal
Lobbyist Rick Agnew reviewed the current legislative session reporting on items that
have been awarded to the city. It was noted funds were not allocated for body
cameras or safe city camera but there are ongoing conversations with the
legislators.
Mr. Agnew spoke about the Biden Bill which is currently a proposal. He is working
with staff and legislators to understand what it means in order to be ready to submit
requests immediately. They also discussed the flow of the congressional calendar
Council President Honda and Council thanked them for their ongoing efforts and
inquired as to why the body cameras was not fulfilled. It was noted due to COVID,
there are gaps that normally do not need to be filled and money that would typically
be awarded is being funneled there instead. There were also questions regarding
rental assistance, senior services, and other human service projects. Mr. Agnew
noted there is money for these services, but often funds for families and the elderly
will not go straight to the city but rather through social services and city partners.
• Diversity, Equity and Inclusion Coordinator Update
Mayor Ferrell announced Erica Azcueta has been hired as the City's first Diversity,
Equity, and Inclusion Coordinator and will start Monday, April 12.
African American/Black Community Quarterly Meeting
This meeting will take place on April 21 at 6:30 p.m. via Zoom and Mayor Ferrell
invited participation.
• Update on State of Washington v. Blake, Supreme Court Ruling
Mayor Ferrell provided a synopsis of State of Washington versus Blake Supreme
Court Ruling and the ramifications of that decision. He explained this ruling declared
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April6, 2021
the state drug possession as unconstitutional specifically siting that intent was not
required in the possession portion of existing law.
Governments at all levels and prosecutors across the state are working on this as
possession of a controlled substance is not prosecutable at this time. There are a
few bills being worked on, one of which simply adds "knowingly" before possession
but it is not moving forward. A bill (SB 5476) introduced by Senator Mankra Dhingra
is gaining momentum. This bill would criminalize possession of amounts larger than
personal use while also legalizing personal amounts.
He noted there is an ordinance being presented at the upcoming Parks, Recreation,
Human Services, and Public Safety Committee regarding controlled substances and
it is scheduled to be on the April 20 City Council Meeting agenda. The intent of this
ordinance is to create local law prohibiting the knowing possession of a controlled
substance as defined by state law.
Council spoke regarding the fact it is unknown if the Washington State Supreme
Court decision will apply retroactively and the need to reach out to legislators
regarding their questions and concerns.
• Study Session April 20
Mayor Ferrell announced the next Special City Council Meeting will be a study
session regarding hazard pay. It is scheduled to begin at 5:00 p.m. on April 20.
d. Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar
reported the next PRHSPS Committee meeting is scheduled for April 13 at 5:00 p.m. and
reviewed the agenda.
Land Use/Transportation Comm tfee (L: Chair Baruso reported their previous meeting
resulted in two items being forwarded to the April 20 meeting for consent. The next
committee meeting is scheduled for May 3 at 5:00 p.m. and will be via Zoom.
Finance Economic Development Regional Affairs Committee FEDRAC : Chair Tran met
on March 23 noting the consent agenda items for this meeting were forwarded from
FEDRAC for final council approval.
Lodging Tax Advisory COMITlittee (LTAC): Chair Assefa-Dawson reported a vacancy on
LTAC for a hotelier/business collecting lodging tax. to be on the committee. She anticipates
the April 14 meeting may be cancelled.
Regional Committees Report (PICI: Councilmember Moore announced the next meeting
will be April 14 at 7:00 p.m.
Council President Report: Council President Honda encouraged people to follow the
Council Facebook page to stay apprised of current issues. She explained the topic of the
Special Meeting held before this meeting regarding the DEIS for the OMF-South and
recommended the public become involved and share their voice in opposition of locating
this facility in Federal Way.
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April 6, 2021
At 8:33 p.m. Mayor Ferrell announced the Council would take a brief recess for approximately 10
minutes. At 8:45 p.m. Mayor Ferrell reconvened the meeting.
5. PUBLIC COMMENT
Thea Oliphant -Wells shared her personal history and her support of the needle exchange
program.
Grace Labrano spoke on behalf of several individuals in opposition of the needle exchange
program.
Jen Galls her, a 19-year resident, shared her concerns regarding violence and crime in Federal
Way.
Craig Patrick spoke against the needle exchange program and shared his opinion that this puts
the general public at risk.
Heather Venegas, the Director of the King County Recovery Coalition, spoke in support of
needle exchange programs.
Anna Patrick, spoke in opposition of the needle exchange program. Ms. Patrick voiced that she
would like King county to focus more on recovery and prevention and less on "safe drug use".
Matt Dillion spoke in support of needle exchange programs sharing his personal story.
Marcos Sauri shared his support for the needle exchange program.
Tony Radovich expressed his support of the needle exchange program and how it helped
connect him to additional helpful services.
Written comment from Jeannie VanVleet read into the record by City Clerk Stephanie Courtney
in opposition to any needle exchange program in Federal Way.
Written comment from Tracy Roberts read into the record by City Clerk Stephanie Courtney in
favor of needle exchange/harm reduction services.
Written comment from Lowell Poisson read into the record by City Clerk Stephanie Courtney in
favor of needle exchange
Written comment from Betty Taylor read into the record by City Clerk Stephanie Courtney
requesting a United States Postal Service approved abbreviation to Pete von Reichbauer Way.
Written comment from Nolan Cho read into the record by City Clerk Stephanie Courtney
addressing the recent increase of anti -Asian hate crimes happening in our area.
Ken Blevens spoke noting that most people speaking are not from Federal Way and that he
believes these people are not tax paying citizens and they do not care about the City.
The following individuals signed up for public comment but were not in attendance/did not un-
mute to provide comments: Roger Flygare, Abel Carrillo, Debra McManus, Steve Olson, and
Cortney Freeman.
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6. CONSENT AGENDA
a. Minutes: March 16, 2021 Regular and Special Meetings
b. Monthly Financial Report — February 2021
c. Vouchers — February 2021
d. Federal Way Community Center Hot Water Tank Replacement RFB
e. King County COVID-19 Pandemic Funding for PAEC
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH E ON THE
CONSENT AGENDA; SECOND BY COUNCILMEMBER MOORE. The motion passed
unanimously as follows:
Council President Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
7. COUNCIL BUSINESS
a. Resolution: Opposition to the Seattle -King County Public Health Needle Give -Away
and Exchange/South County Outreach Referral and Exchange (SCORE)
Program/APPROVED RESO #21-807
Steve McNey, Communications and Government Affairs Coordinator, shared the history of
the needle exchange issue coming to the attention of the Mayor and Council. As of April 1,
Mayor Ferrell spoke with Director Patty Hayes from Seattle/King County Public Health and
requested the service be paused within Federal Way to allow further discussion to
determine if there is public support for this service. He also noted this resolution is to confirm
this pause in order to allow time for a formal decision to be made.
Mayor Ferrell and Council President Honda have created a committee of individuals with
various areas of expertise as well as public to engage in conversation and determine if this
is the is an appropriate service to provide and if not then what could be . Mayor Ferrell
announced Council President Honda will chair this committee and the following individuals
will be committee members
• Former Mayor Jeanne Burbidge
• Former Councilmember Diana Noble-Gulliford
• Anna Patrick
• Nicole Hoffman
• Cynthia Ricks-Maccotan
• Andrew Dwayne
Representative from CHI Franciscan
• Fire Marshal & Assistant Fire Chief Gordie Goodsell (SKFR)
• Police Commander Casey Jones (COFW)
• Seattle -King County Public Health Representative
Councilmember Baruso requested the new Diversity, Equity and Inclusion Coordinator be
included in this committee; Mayor Ferrell indicated that it would be appropriate for her to
attend as a staff member, but she will not be considered a member of the committee.
Councilmember Craft asked if there is a representative of the population with lived
experience and Mayor Ferrell confirmed that fact.
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April 6, 2021
COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULES TO EXTEND
THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion
passed unanimously.
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Council continued to discuss the issue noting their hope for both sides to understand one
another and find a solution that will work for our city, make the city a better place, and help
those in need of help.
Discussion circled around timing and it was determined a time period would be included in
the resolution. Mayor Ferrell noted in his discussion with Director Hayes there was the
intention of moving forward with deliberate speed which he anticipates meaning results in
less than three months.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED RESOLUTION;
SECOND BY COUNCILMEMBER BARUSO.
Councilmember Moore moved to modify the proposed resolution to include the committee
provide an update or recommendation to the council in two months or sooner.
Councilmember Kochmar agreed and suggested it be incorporated as a friendly
amendment
Council discussed the proposed timeline and discussed what could be anticipated in that
timeframe. It was determined that at least a report could be provided within the two months.
Mayor Ferrell asked if there was a general consensus
Mr. McNey reviewed an update to the resolution adding the following language as the last
line of Section 3, "We request that a report on this issue be provided to the Council no later
than June 1, 2021."
Main motion as currently constituted: APPROVAL OF THE PROPOSED RESOLUTION WITH
ADDED DIRECTION TO PROVIDE A REPORT TO COUNCIL NO LATER THAN JUNE 1,
2021. 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. Confirmation of Independent Salary Commission Appointments
COUNCIL PRESIDENT HONDA MOVED TO CONFIRM THE MAYOR'S APOINTMENTS TO THE
INDEPENDENT SALARY COMMISSION AS FOLLOWS: SHAQUINA DAVIS TO VOTING
POSITION #1 WITH A TERM EXPIRING FEBRUARY 28, 2024 AND KENNETH PRATT TO
VOTING POSITION #5 WITH A TERM EXPIRING FEBRUARY 28, 2025; 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
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c. Council Preferred Alternative Site and authorization to submit a letter to Sound Transit
regarding Operations and Maintenance Facility (OMF-South)
Public Works Director EJ Walsh reviewed the policy question and noted the one -word
change made to the letter after the Special Meeting.
Council President Honda noted she wants to discuss and address the fact Sound Transit
modified the proposed sites to much larger without any input from the City or public.
She would like to get together with Mayor Ferrell and staff to see what can be done.
Mr. Walsh read the draft letter with the changed word prior to voting on this item.
COUNCILMEMBER BARUSO MOVED APPROVAL THE PROPOSED LETTER TO THE SOUND
TRANSIT BOARD REGARDING THE LOCATION OF THE PROPOSED OPERATIONS AND
MAINTENANCE FACILITY -SOUTH; SECOND BY COUNCILMEMBER MOORE. 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
8. ORDINANCES
Second Reading/Enactment
a. Council Bill #8001 Adoption of 2018 State Mandated Buildinq Codes
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO THE ADOPTION OF THE WASHINGTON STATE BUILDING CODE AND
RELATED MATTERS; AMENDING FWRC 13.16.020; 13.16.030; 13.20.050;
13.20.090; 13.22.020; 13.22.030; 13.26.020; 13.26.030; 13.28.020; 13.28.030;
13.31.020; 13.31.030; 13.31.040; 13.34.020; 13.34.030; 13.38.020; 13.41.020;
13.43.020; AND 13.43.030; REPEALING FWRC 13.20.010; 13.20.020; 13.20.030;
13.20.040; 13.20.060; AND 13.20.070. (AMENDING ORDINANCE NOS. 01-389, 04-
465, 07-563, 09-5952, 10-665, 13-743, 14-772, 15-793, AND 17-830)
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED ORDINANCE;
SECOND BY COUNCILMEMBER MOORE. 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
9. COUNCIL REPORTS
Councilmember Assefa-Dawson indicated she had no report and expressed her excitement for the
Diversity Equity and Inclusion (DEI) Coordinator to start Monday.
Councilmember Baruso echoed the eagerness regarding the DEI Coordinator and looks forward to
working with her. He helped with the Diaper Drive put on by Cheryl Hurst with Council President
Honda and Councilmember Kochmar. They also attended the Funding for Communities of Color at
Into His Chambers Ministries; this is a group of churches and nonprofits that have been feeding
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and clothing citizens of Federal Way before and during COVID. He concluded his report
congratulating Councilmember Moore on his son.
Councilmember Tran provided no report.
Councilmember Craft thanked everyone for submitting public comment on the needle exchange
issue. She is aware it is a hot topic and she has personal connections to it as well. She shared the
SCORE program provides this service in all of King County, so even though there is a pause in
Federal Way the service is still available. She also congratulated Councilmember Moore.
Councilmember Moore shared his thoughts and joy on becoming a father noting when you have a
baby everything changes. He agreed with the comments made on the needle exchange program
and realizes how sensitive this topic is and anticipates ongoing conversations.
Councilmember Kochmar provided no report.
Council President Honda reminded both Council and the public to submit comments to Sound
Transit regarding the OMF-South DEIS before April 19. She shared it is the 50th anniversary of the
Weyerhaeuser Headquarter Building being constructed. She also noted May is Asian -American
Month and she hope to work with the Diversity Commission to find a way celebrate.
10.ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 10:59 p.m.
Attest:
Ste h nie Courtney
City Clerk
Approved by Council N-2&'04
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