04-20-2021 Council Minutes - Regular4% CITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Remote Meeting
April 20, 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. PRESENTATIONS
a. Mayor's Issues and Report
• COVID-19 Update: Policy Advisor Bill Vadino provided an update regarding
COVID-19 noting the next review will occur May 3. He noted King and
Snohomish Counties are currently on the cusp with only missing one metric while
Pierce County was moved back to Phase 2. Information received from King
County Public Health estimates future case counts will increase due to Spring
Break related travel and activities. He also provided information on vaccines and
reported a plan to increase outreach to communities showing vaccine hesitancy.
ID Federal Way Farmers Market: Mayor Ferrell reported the opening day of the
market will be Saturday, May 1 at 10:00 a.m. in a new location. It will still be in
the parking lot, but behind Dick's Sporting Goods at the Commons Mall.
• Black Community Quarterly Meeting: Mayor Ferrell announced the next
quarterly meeting with the African American/Black Community was scheduled
for April 21 at 6:30 p.m. via Zoom. He noted there will be additional information
and posts on social media providing access information for this meeting.
• Community Updates: Mayor Ferrell reported the next meeting of the Business
Resiliency Task Force will be held on Thursday, April 22 at noon via Zoom and
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April20, 2021
the Community Continuity Task Force will meet Friday, April 23 at noon via
Zoom.
b. Financial Update
Finance Director Ade Ariwoola provided an overview of the General Budget noting the
revenues are significantly reduced when compared to the budget amendment in
December 2020. The city has increased funding for Dumas Bay Centre, the Community
Center, and the Performing Arts and Event Center. He provided a detailed list of 2020
General Fund Revenues and highlighted significant shortfalls in areas such as
Admissions Tax and Parks Revenue. He provided further analysis of the fund balances
and summarized potential requests for the general fund will outpace available funding.
Mayor thanked Mr. Ariwoola for the presentation and announced his upcoming
retirement after seven years with the city and 35 years in government.
c. Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair
Kochmar shared the last meeting was held April 13 and reviewed the items that the
committee forwarded to the Council agenda tonight for final approval.
Land Use/Transportation Committee (LUTC): Chair Baruso reported on the meeting
held on April 5 and highlighted the items on the agenda for final Council approval. He
noted the next meeting is scheduled for May 3 via Zoom.
Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair
Tran noted the next meeting is April 27 at 5:00 p.m. on Zoom.
Lodging Tax Advisory Committee (LTAC): CouncilmemberAssefa-Dawson reported
the committee is discussing tourism -related issues with the hoteliers and provided
pandemic related information related to the hotel industry. She reported the next
meeting will be May 12 at 10:00 a.m.
Regional Committees Report (PIC): Councilmember Moore reported the last meeting
included a legislative update and a discussion on fireworks in unincorporated King
County. He noted the Best Starts for Kids Initiative was also discussed.
Council President Report: Council President Honda thanked the citizens who
contacted Sound Transit during the comment period for the DEIS for the Operations and
Maintenance Facility -South. She reported on the Needle Exchange working group
meeting noting they will continue to meet and provide a recommendation to the Mayor
and Council.
Mayor Ferrell thanked Council President Honda for her leadership and on this issue and
for chairing this group.
4. PUBLIC COMMENT
Email from Cheryl Hurst read by the City Clerk regarding the City of Auburn and Tacoma banning
camping and public sleeping and the potential effect it will have on Federal Way.
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April20, 2021
5. CONSENT AGENDA
a. Minutes: April 6, 2021 Regular and Special Meetings
b. 2021 Storm Drain CCTV Inspection and Assessment - Bid Award
o—W-SDDT-Opei�at�on- -and Maintenance-Agreem"t-f-o�dapfi-ve-Tm f+c-Geff r terms
d. Arts Commission 2021 Contract for Services
e. 2021-2022 Human Services Commission Work Plan
f. Interlocal Agreement with Public Health of Seattle King County for the South King
County Mobile Medical Program
g. Edward Byrne Memorial Justice Assistance Grant (JAG) Program for Fiscal Year (FY)
2020
h. Agreement between the Washington Traffic Safety Commission (WTSC) and the
Federal Way Police Department to Provide Grant Funding for Traffic Enforcement
Lakehaven Utility District Water Main Easement - Lakota Park
Councilmember Baruso pulled Item c/WSDOT Operations and Maintenance Agreement for
Adaptive Traffic Control System as requested by WSDOT for additional revisions. This item
will return to Council at a later date.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A AND B AND ITEMS D
THOUGH I ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER BARUSO
SECOND.
Council President Honda thanked the Arts and the Human Services Commissions for all of
the hard work they do in reviewing applications and bringing recommendations to Council.
Main 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. ORDINANCES
First Reading:
a. Council Bill #801/Ordinance Relating 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 information regarding this proposed ordinance
nothing this ordinance is in response of the Washington State v Blake decision which
invalidated certain state law provisions that made it a felony to possess specific
controlled substances. This court decision means the State cannot currently enforce
criminal possession of a controlled substance.
The State Legislature has the ability to remedy this issue but has chosen not to act
at this time. Adding the word "knowingly" before possess addresses the point the
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April 20, 2021
court determined at issue. The court was focused on the scenario of an innocent
possessor who had no knowledge of the drugs from a borrowed item such as a car
or jacket.
This proposed local ordinance creates language to address this issue. If passed, this
ordinance would make it unlawful for a person to knowingly possess a controlled
substance, other than marijuana, unless the substance was obtained directly from or
in accordance with a valid prescription or order of a practitioner. The ordinance would
be enforced by the Federal Way Police Department and the city prosecutors in the
municipal court as a gross misdemeanor which is punishable with a maximum one
year in jail or $5,000 fine.
Prior to the Blake decision, cities were not authorized to establish drug possession
penalties as it was preempted by state law. If the state legislature does act, it would
likely preempt this ordinance.
Mr. Call noted Mayor Ferrell believes it is untenable to allow the consequence -free
possession of substances including cocaine, heroin and methamphetamine in the
city the size of Federal Way. Without this ordinance possession of these extremely
harmful and addictive drugs cannot be addressed criminally.
Councilmembers thanked Mr. Call for the presentation and asked question regarding
financial impacts, jurisdictional limits, enforcement and diversion options, and if the
penalty is sufficient.
In response to questions on sentencing, Mayor Ferrell noted the Municipal Court
judges would be providing a court update at the next regular Council meeting on May
4 and could address these types of questions.
Public Comment:
Emails from Grace Lubrano and Anna Patrick in support of the proposed
ordinance were read by the City Clerk.
COUNCILMEMBER KOCHMAR MOVED TO SUSPEND COUNCIL RULE 2.2(H) TO ALLOW
FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING;
COUNCILMERMBER ASSEFA-DAWSON SECOND. 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
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER KOCHMAR MOVED APPROVAL AND ADOPTION OF THE PROPOSED
ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously, as
follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Federal Way City Council Regular Minutes
April20, 2021
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Page 4 of 5
7. COUNCIL REPORTS
Councilmember Kochmar provided information regarding the MRSC Annual Crab feed which will
be held June 5.
Councilmember Moore provided no report.
Councilmember Craft commented on the Chauvin trail as a prosecutor and a woman of color noting
had she braced herself for a less desirable outcome. She pointed out this was an important verdict
for America noting there is more work to be done.
Councilmember Tran congratulated Finance Director Ariwoola on his upcoming retirement. He
provided information regarding a peaceful demonstration scheduled for Wednesday at 5:30 p.m. to
raise awareness of crimes against the Asian American and Pacific Islander (AAPI) community. This
will take place on S 320th Street and will include non -political, non -partisan sign waving.
Councilmember Baruso thanked Mr. Ariwoola for all of his service to the city and for his patience
in explaining and answering Council questions. He also echoed comments made earlier regarding
the Chauvin verdict and believes there needs to be work done to make sure this never happens
again.
Councilmember Assefa-Dawson congratulated Finance Director Ariwoola on his retirement plans
and thanked him for answering questions and being responsive. She also agreed today's verdict
(Chauvin) was emotional noting it does not make up for all the losses before and after. These are
true genuine experiences in the black community and now is not the time to ease up, but move
forward.
Council President Honda thanked Councilmember Assefa-Dawson for her words. She thanked
Finance Director Ade Ariwoola for his service to the city. She shared a memory from the night he
was introduced at his first Council Meeting and her hope they are able to have an in -person send
off for him.
8. EXECUTIVE SESSION
• canceled/not needed
9. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 8:12 p.m.
Attest:
ktu&,U�itl
Ste hanie Courtney
City Clerk
Approved by Council:
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April20, 2021