11-03-2021 Council Minutes - RegularCITY OF
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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
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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