10-05-2021 Council Minutes - RegularCIT
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Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Remote Meeting
October 5, 2021 — 6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:30 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: Domestic Violence Awareness Month — October 2021
Council President Honda read and presented the proclamation to Janet Chance,
Federal Way Domestic Violence Task Force. Ms. Chance thanked the Mayor and
Council for highlighting domestic violence as a serious crime which is affecting the
community. The task force is partnering with the school district to better inform students
on healthy dating relationships and offer resources for those who might be in potentially
dangerous situations.
b. Mayor's Emerging Issues and Report
COVID-19 Report
Ray Gross, Emergency Manager, provided a report on recent COVID-19 statistics
noting there have been twenty-two positive cases along with one death this week. The
vaccination rate of those 12 years and older is 68.8% while the King County vaccination
rate is 81.8%. Currently King County is meeting four out of the five key indicators,
however still in a high rate of transmission.
Recent Community Events
Mayor Ferrell reported on the Taste of Federal Way event at Farmers Market on
September 25 which was well attended and had great music and amazing food.
Federal Way City Council Regular Minutes Page 1 of 9
October 5, 2021
He also reported Mayor's Day of Concern Drive-Thru Food Drive held on October 2 at
the Fred Meyers where 755.5 pounds of food was collected and donations of $438 was
received. In addition to the in -person collection, the city partnered with Waste
Management who collected 9,334.5 pounds of food and $8,673 in donations from
curbside pick-up. He thanked Waste Management staff, city staff, volunteers and
Councilmembers who helped collect for the Multi -Service Center Food Bank.
Mayor also noted he recently visited with Mayor of Rivne, Ukraine on September 22 and
discussed the potential of a future Sister City relationship.
Upcoming Events
Mayor Ferrell reminded everyone of the MSC Helps Luncheon on Thursday, October
21 at Performing Arts and Event Center; information regarding the even or tickets can
be found on the Multi -Service Center website.
c. Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair
Kochmar reported the next meeting would be Tuesday, October 12 at 5:00 p.m. with
discussion on multiple items including the South King Housing and Homelessness
Partners (SKHHP) 2022 Work Plan/Budget and Police Department proposal to add
additional personnel and resources.
Land Use/Transportation Committee (LUTC): Chair Baruso noted the Committee met
last night via Zoom and forwarded four items to the next City Council meeting for
approval. The next meeting of LUTC will be Monday, November 1 at 5:00 p.m. via Zoom.
Finance, Economic Development, Regional Affairs Committee (FEDRAC): Chair
Tran reported the committee met October 26 and complimented Finance Director
Groom for his presentation of the financial documents. He was also pleased to hear the
new investment strategy and is looking forward for his presentation at full Council
regarding investing the city's money.
Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the next
meeting is October 13 at 10:00 a.m. via zoom. She reported the committee will be
following up on a report from Washington State University regarding hospitality and
tourism.
Regional Committees Report (PIC): Councilmember Moore reported the next PIC
meeting would be October 13 at 7:00 p.m. and will be held remotely.
Council President Report: Council President Honda noted Council appreciates
citizens who volunteer to serve on advisory boards and commissions. She noted the
following commissions are seeking applicants: Arts, Civil Service, Diversity,
Independent Salary, Parks and Recreation, Planning, Senior Advisory, Youth, and the
King County Historic Landmark Commissions. Applications are available on the city
website with the next review of applications scheduled for October 22.
4. PUBLIC COMMENT
City Clerk Stephanie Courtney read the public comment rules into the record.
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October 5, 2021
Ken Blevens reflected on the previous Council meeting and voiced concerns about Council
action being taken at such a late hour.
Jacquelyn Copley expressed concern with increased crime in Federal Way and the lack of
support she feels from the elected officials to address crime.
Bob Drake noted the increase of crime in the City and is concerned the elected officials are not
helping the citizens.
J Murphy expressed concerns about permanent supportive housing and transitional housing
and stated that she would like to see the Extended Stay hotel used for housing families and
children.
Or. Timmie Foster, a consultant for Federal Way Black Collective, expressed a desire for
healthy, feasible, pathways to childcare in Federal Way.
Email from Dara Mandeville read by the City Clerk concerning crime and drug use in the City.
Email from Christine Majerus read by the City Clerk expressing concerns about homelessness
along S 320th Street.
Email from Yvette Downs read by the City Clerk addressing how crime and House Bill (HB)
1220 are affecting Federal Way.
Email from Jeff Coop read by the City Clerk stating the establishment of hotels and housing for
drug addicts will endanger local business and public safety.
Email from Carolyn Hoover read by the City Clerk expressing concerns about crime in Federal
Way and the proposed supportive housing mandated through HB 1220.
Cynthia Ricks-Maccotan noted the city currently has 23% capacity for child-care services due
to COVID-19. She advocated for using ARPA funds to add additional childcare services in the
city by encouraging the expansion of current facilities and provide for new opportunities.
Mayor Ferrell asked Council for a potential motion to reorder the agenda to move Council Bill
#811/First Reading Ordinance to follow the Consent Agenda due to the number of individuals
signed up to comment on the proposed ordinance.
COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO TAKE ITEM 7 AFTER
THE CONSENT AGENDA; SECOND BY MOORE. The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Additional public comment:
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Carol Fraley feels public meetings should be held in -person and expressed disappointment with
the impact that County level decisions have on the City.
5. CONSENT AGENDA
Minutes: September 21, 2021 Special and Regular Meeting Minutes; September 28,
2021 Special Meeting Minutes
Federal Way City Council Regular Minutes Page 3 of 9
October 5, 2021
b. Accounts Payable Vouchers — July 2021
c. Accounts Payable Vouchers — August 2021
d. Monthly Financial Report — July 2021
e. Monthly Financial Report — August 2021
f. King County Youth and Amateur Sports Grant
g. Federal Way Community Center Slide Removal - Bid Acceptance
h. King County Parks Levy Aquatic Facilities Grant
i. Steel Lake Shop Video Security Enhancements - Proposal Acceptance
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH I 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
Clerk's Note: Re -ordered by Council action:
7. ORDINANCES
First Reading
a. Council Bill #81110rdinance: Proposed Code Amendments for Permanent
Supportive Housing and Emergency Housing and Shelter
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND
EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050,
19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC
19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015,
19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065,
19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-
297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12-
713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.)
Brian Davis, Director of the Community Development Department presented background
on Council Bill #811 and shared the proposed ordinance is an opportunity for the city to
take some control of the State mandates regarding siting permanent support housing and
emergency housing and shelter facilities in the city. House Bill (HB) 1220 which was
approved by the State Legislature mandates this use be allowed. Consequently, there are
two courses of action before the Council. First, no action which would mean the city would
accommodate any number of units in the future based. The second option is to limit housing
for the homeless by establishing reasonable limits by code amendments.
He provided answers to questions raised at the previous City Council meeting including
requiring facilities to have a business license, increasing distance requirements from
schools and churches, and the option to regulate through a Conditional Use Permit as other
local municipalities have chosen to do.
Mr. Davis reported the city's proposal suggests these applications go through a Land Use
Process III which requires notice to neighboring property owners and is similar to other cities
use of a Conditional Use Permit. He noted the Council could recommend the process be
Federal Way City Council Regular Minutes Page 4 of 9
October 5, 2021
changed to a Process IV which would then require a public hearing and the decision made
by a third -party Hearing Examiner. Mr. Davis noted the approval for Process III would be
made by the Director, however either process would use the same criteria for making the
decision.
Planning Manager Keith Niven responded to the suggestion of temporary (or interim)
zoning. City Attorney Call suggested rather than establishing interim zoning the City Council
revisit this in a set amount of time.
Director Davis also clarified the City Council does not currently approve housing
developments or land use applications; that is an administrative duty made by the
department director or in the case of a Process IV, the Hearing Examiner. Mr. Call noted
the decision in either Process III or Process IV would be the same result when applying the
Code objectively.
Councilmembers noted concern over the State calculating a target number for Federal Way
and would like independent data to set factual estimates and not inflated targets.
Mr. Davis suggested additional options for addressing concerns related to siting and
allowable distance between facilities in residential zones. In response to further questions,
he restated if the Council decides to not approve these proposed or any regulations
regarding permanent supportive and emergency housing, the city will be vulnerable with
only the State guidelines.
Public Comment:
Dara Mandeville beleives more information is needed in order for Council to make an
informed decision for the citizens they represent.
Ken Blevens expressed concern the City is making a rushed decision regarding housing
the chronically homeless and drug addicted.
Jacquelyn Copley does not feel citizens' voices have been adequately heard. She supports
a Process IV which requires a public hearing to allow neighbors to weigh-in on these
applications; she requested Council hold a public forum to further discuss HB 1220.
Bob Drake expressed concern that not enough information is known regarding this issue
and asked Council to push back against the State approved HB 1220. He would also like
the city to hire an Outreach Specialist.
Josh Kim questioned if drug and alcohol use will be prohibited in this type of housing as
well as who is responsible for any potential damages done in the neighboring area by
residents in these facilities. He also asked for information regarding Afghan refugees and
suggested concerns related to HB 1220 be directed at the State Legislature.
Jack Walsh encourages those listening, as well as Council, to reach out to the State
Legislators and express their concerns regarding HB 1220. He would like to see interim
zoning enacted until the laws are corrected.
Email from Jeannie VanVleet read by the City Clerk questioning if the city is able to place
limitations on Permanent Supportive Housing
Email from Ronna Hazel read by the City Clerk reflecting on a situation in her neighborhood
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October 5, 2021
and how these types of instances may become more common as a result of HB 1220 and
police reform.
Email from Susan Strong read by the City Clerk opposing HB 1220.
Email from Robin Corak CEO of Multi -Service Center, read by the City Clerk explaining
supportive housing and the need for responsible housing in the community.
Email from Robert Strong read by the City Clerk regarding crime in Federal Way and
opposing HB 1220.
Email from Kay Chung read by the City Clerk opposing HB 1220.
Email from Jen Gallagher read by the City Clerk opposing HB 1220.
Email from Sarah Nelson, read by the City Clerk opposing HB 1220 and included petitions
collected by Stand-up Federal Way.
Email from Heather Mathews read by the City Clerk proposing that any neighborhoods
directly impacted by the hotel purchases be exempt from further supportive housing.
Email from Jane Sidlo read by the City Clerk expressing disappointment with the elected
officials of Federal Way.
Email from Anna Patrick read by the City Clerk asking Council to consider creating an
ordinance to address and set limitations on permanent supportive housing and HB 1220.
Council thanked the public for their comments and letters and noted it seems a greater risk to the
city to do nothing than to enact regulations. Council also inquired as to the proper procedure to
propose multiple amendments; which City Attorney Call advised.
City Clerk read ordinance title
COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
OCTOBER 19, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY
COUNCILMEMBER LYDIA.
COUNCILMEMBER CRAFT MOVED TO MODIFY THE MAIN MOTION TO REQUIRE A DISTANCE OF
1.3 MILES BETWEEN USES; SECOND BY COUNCILMEMBER MOORE. The amendment 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
COUNCILMEMBER CRAFT MOVED TO MODIFY THE MAIN MOTION TO REQUIRE THE CITY
COUNCIL TO REVISIT THIS ORDINANCE IN 6-MONTHS (APRIL 2022); SECOND BY
COUNCILMEMBER MOORE. The amendment 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
Federal Way City Council Regular Minutes
October 5, 2021
Page 6 of 9
COUNCIL PRESIDENT HONDA MOVED TO MODIFY THE MAIN MOTION TO DIRECT STAFF TO
BRING AN ORDINANCE TO COUNCIL TO CREATE A LICENSING SCHEME; SECOND BY
COUNCILMEMBER BARUSO.
Councilmember Moore urged caution and his stated his concern with requiring occupant
information.
The amendment 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
At 9:58 p.m. COUNCIL PRESIDENT HONDA MOVED TO WAIVE COUNCIL RULES TO EXTEND THE
MEETING PAST 10:00 P.M.; SECOND BY COUNCILMEMBER BARUSO. 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
Council continued to ask clarifying questions of Director Davis and City Attorney Call.
At the conclusion of discussion, City Attorney Call restated the main motion as amended.
COUNCILMEMBER ASSEFA-DAWSON MOVED TO MODIFY THE MAIN MOTION TO AMEND THE
PROCESS TO A PROCESS IV. The amendment died for a lack of a second.
The main motion, as amended, 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
Councilmember Moore requested a brief recess. Mayor Ferrell agreed and asked if Council would
like to strike item 6c from the remaining agenda as it is informational and no action is anticipated.
This report can be added to the next City Council meeting agenda.
COUNCILMEMBER MOORE MOVED TO STRIKE ITEM 6C FROM THE AGENDA [and added as a
presentation at a future council meeting]; SECOND BY COUNCILMEMBER BARUSO. 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
At 10:04 p.m. Mayor Ferrell announced the Council would recess for approximately ten (10)
minutes. He reconvened the meeting at 10:15 p.m.
Federal Way City Council Regular Minutes
October 5, 2021
Page 7 of 9
6. COUNCIL BUSINESS
a. Proposed Collective Bargaining Agreement with Teamster Local Bargaining Unit #763
HR Manager Vanessa Audett provided a report detailing the proposed labor agreement with
the labor union that represents the Public Works and Parks Maintenance for the term
January 2020 to December 2022. She noted all cost estimates are conservative.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED 2021/2022 COLLECTIVE
BARGAINING AGREEMENT WITH THE TEAMSTERS LOCAL UNION NO. 763, AND AUTHORIZE THE
MAYOR TO EXECUTE SAID AGREEMENT; 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
b. Catering Services at Dumas Bay Centre
Parks Director John Hutton provided information regarding the need for catering services
at Dumas Bay Centre due to the resignation of the chef. Director Hutton noted that with the
bookings at the retreat center though the end of the year, the salary savings will be used
for contract food services. Staff will then request proposals to explore all options for food
service at Dumas Bay Centre in the future.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED USE OF SALARY
SAVINGS TO SUPPLEMENT FOOD SERVICE REVENUE TO HIRE CATERING SERVICES FOR THE
DUMAS BAY CENTRE THROUGH DECEMBER 31, 202; SECOND BY COUNCILMEMBER MOORE.
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
G. Update ^�, � ^^� ^ investment Strategy — this item was pulled for a future
agenda.
7. ORDINANCES
First Reading
a. Council Bill #811/Ordinance: Proposed Code _Amendments for Permanent
Supportive Housing and Emergency Housing and Shelter
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND
EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050,
19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC
19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015,
19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065,
19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-
297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12-
713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.)
Clerk's Note: Per Council action, this item was presented earlier in the agenda following the
Consent Agenda.
Federal Way City Council Regular Minutes Page 8 of 9
October 5, 2021
8. COUNCIL REPORTS
Councilmember Assefa-Dawson provided no report and thanked everyone for a good meeting with
a lot of discussion.
Councilmember Baruso thanked everyone who participated in public comment. He reported on his
recent visit to the Sikh Learning Center in Federal Way and was pleased to see the amazing work
they are doing there with children visiting from all over the state.
Councilmember Tran thanked Councilmember Baruso for visiting the Sikh House of Worship and
intends to visit soon. He reported the next meeting of the Finance, Economic Development,
Regional Affairs Committee will be November 23 at 5:00 p.m. on Zoom.
Councilmember Craft stated October is Filipino American History Month and is a great time to
recognize and honor the contributions Filipino Americans have made to the United States. It is also
Disability Awareness month and suggested looking at equitable positions in the workplace and
positions for individuals with disabilities as it applies to equity and inclusion. She thanked everyone
for their comments tonight.
Councilmember Moore was excited to share that his son attended his first Chamber event and was
excited to welcome a new business to Federal Way. He agreed with a speaker who noted the last
fifteen months has been difficult but also acknowledged that he looks for the good and appreciates
all of the citizens working to make Federal Way a better city.
Councilmember Kochmar would like to discuss opening meetings back up to in -person and would
also like to create a clearing house to connect seniors to organizations and business looking for
part-time workers. She would like to see a no sit, no sleep, no lie policy for public sidewalks and
encouraged pet owners to participate in St. Vincent's Animal Blessing on Saturday at noon.
Council President Honda attended the Historical Society Annual Meeting held at the Rhododendron
Gardens. She thanked everyone who came and supported the Food Drive this past weekend and
is always happy to see the response of the community helping each other. The Senior Advisory
Commission has updated their brochure of senior resources and will be distributing soon. She
thanked everyone who has contacted Councilmembers, via email, phone or public comment to
share their views and concerns; she truly appreciates hearing from the public.
9. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 10:37 p.m
Attest:
t hanie Courtney
City Clerk
Approved by Council: 1 0IIa12a21
Federal Way City Council Regular Minutes Page 9 of 9
October 5, 2021