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02-01-2022 Council Minutes - RegularCITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *Remote attendance option available via Zoom February 1, 2022 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:36 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney Mayor Ferrell announced excused Councilmember Hoang Tran. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. COUNCIL PRESIDENT KOCHMAR MOVED TO POSTPONE ITEM 7A INDEFINITELY; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously 6-0. Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes 3. MAYOR'S KEY TO THE CITY — FORMER COUNCILMEMBER MARK KOPPANG Mayor Ferrell welcomed former City Councilmember Mark Koppang back to Council Chambers. He presented him with the Mayor's Key to the City for his work in the community both as a volunteer and as a Councilmember. Former Councilmember Koppang thanked the Mayor for this honor and noted Federal Way always feel like home. While no longer located in the city due to a relocation for his career, he stays connected through social media and other news outlets. He is extremely proud of the changes he was a part of while on the Council and the changes coming to further develop the downtown. He encouraged everyone to act with intentional kindness and looks forward to watching Federal Way's bright future. At 6:46 p.m. Mayor Ferrell announced the Council would recess for a brief reception honoring former City Councilmember Mark Koppang. The Mayor reconvened the meeting at 7:00 p.m. Federal Way City Council Regular Minutes Page 1 of 9 February 1, 2022 4. PRESENTATIONS a. Proclamation: Black History Month — February 2022 Councilmember Norton and Councilmember Assefa-Dawson read and presented the proclamation to Tirzah Idahosa with the Federal Way Black Collective; Trenise Rogers, Chair of the Diversity Commission; and Maisha Barnett on behalf of the Barnett/Conna Family. Ms. Idahosa thanked the Council for the proclamation and requested actions be taken to acknowledge the Black and African Diaspora Community. She would like to Mr. Conna recognized by naming a school, park or street named after him. Ms. Rogers thanked the Mayor and Council and yielded her time to Ms. Barnett. Ms. Barnett accepted the proclamation on behalf of the Barnett/Conna family. She spoke to the deep history of her family who settled in Federal Way, owned land, and were successful in various business endeavors. Council President Kochmar thanked Diana Noble Gulliford and Jerry Knutzen of the Federal Way Historical Society for bringing this idea forward. b. Municipal Court/Community Court Update Judge Dave Larson was unavailable and presented his update later in the meeting. c. Mayor's Emerging Issues and Report V Judicial Vacancy & Appointment Process for Municipal Court Judge: Human Resource Manager Vanessa Audett presented background on the Municipal Court Judges, noting the last three elections the Judges have run unopposed on the ballot, including most recently in November 2021. This is an appointment to fill the unexpired term of Judge Robertson through December 31, 2025. She provided the advertisement and press releases issued regarding the vacancy, and stated she screened the applications based on a criteria of criminal law experience, judicial experience, King County residency requirements, and the King County Bar Association Rating. She then invited the top candidates to interview with a panel which included Councilmembers, professionals in the field, and community representation. Ms. Audett reported the selection panel included Council President Kochmar, Deputy Mayor Honda, Retired Pierce County Superior Judge Jack Nevin, Pierce County Prosecuting Attorney Mary Robnett, Criminal Defense Attorney Todd Howard, Hart Insurance Agency President Dan Papke, Direction of Everyone Can Win Consulting and Director of Operations, Game of Life Winston Bell, and herself as the facilitator of this panel. She provided details on the panel discussion including the commitment to community interest in diversity and advancing the most qualified applicants. Mr. Bales was recommended unanimously as the first choice for the appointment by the panel with a 7-0 vote. Federal Way City Council Regular Minutes Page 2 of 9 February 1, 2022 Mayor Ferrell interviewed the top candidates following the panel interview, and agreed with the panel recommendation, selecting Mr. Bales as the most qualified. Ms. Audett provided Mr. Bales professional background and experience which led to his appointment. Councilmembers thanked Ms. Audett and asked clarifying questions of the process • Municipal Court/Community Court Update: Municipal Court Judge David Larson joined the meeting and spoke to the lack of media coverage of the judicial vacancy. He noted the importance of the judicial branch of government maintain integrity and independence, which he believes was at the center of the process. Judge Larson provided an update on the court and making sense of the intersection of behavior health and criminal justice. He provided feedback on the Peer Navigators Program and how it helps people navigate the system and be successful with the steps they are required to take. The judge also spoke about the Sequential Intercept Model which includes community - based police, courts/jails, courts post disposition, jails and probation. He noted the current fragmented approach does not always lead to success and each step is often competing for limited funds. He supports a regional solution and regional resource networks to best use the resources for the best results. Stakeholders in this process include law enforcement, courts, jails, probation, peer navigators, treatment facilities, treatment agencies, social service agencies and community -based programs. Judge Larson provided the status of partners and programs for each of the five intercept models. He further discussed adding diversion programs and the current approach of Crime — Punitive — Therapeutic compared to the proposed approach of Crime — Therapeutic — Punitive. Councilmembers thanked Judge Larson for the presentation and asked questions regarding funding for Community Court and if the Intercept Model connects to the Restorative Community Pathways (RCP) program. Questions were also raised about the peer navigator program and the steps needed to become a peer navigator. • Recent Community Events Mayor Ferrell reported on Retail Safety Summit Recap that took place on January 20 via Zoom with over 900 participants on the call. He believes it was a helpful meeting; the city and police department are working with the retail association and business community to address organized retail theft. He thanked Michelle Roy and her team who led the meeting. • Upcoming Events Mayor Ferrell reported the City Council Retreat is scheduled for February 26 at Dumas Bay Centre 8:30 a.m. He also invited all to attend the Mayor's State of the City Address on Channel 21 and YouTube pm Thursday, February 24 at 6:00 p.m. d. Council Committee Reports Federal Way City Council Regular Minutes Page 3 of 9 February 1, 2022 Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh reported the next meeting will be February 8. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next meeting will be Monday, February 7. Finance, Economic Development Regional Affairs Committee (FEDRAC): No report was provided. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported the next meeting is canceled due to lack of a quorum and the Committee is working to fill vacancies. Regional Committees Report (PIC): Deputy Mayor Honda reported the next meeting of the PIC (Public Issues Committee) Committee of Sound Cities Association will be February 9 at 7:00 p.m. She noted the items to be discussed and encouraged councilmembers to attend the meeting which includes all other cities other than Seattle. Deputy Mayor Report: Deputy Mayor Honda reported the Executive Assistant to Council position has been filled and she is excited to welcome Amy Glandon who will begin on Monday. Council President Report: Council President Kochmar reported the next FEDRAC meeting will be February 22, 2022. 5. PUBLIC COMMENT Cheryl Hurst, on behalf of Do the Right Thing, shared about the upcoming 8th annual March of Diapers. Sarah Nelson requested that the Council Rules of Procedure be amended to add that those giving comment state their interest in Federal Way. She also asked that written comments continue to be read at the meetings. Jacquelyn Copley expressed concern about crime in Federal Way and voiced her desire to have written comments continue to be read at the Council Meetings. Ken Blevens does not feel that crime is lessening in the city. He shared his desire to do better to compassionately but firmly address the homelessness and drug addiction issues in Federal Way. Bob Drake distributed photos and information to the City Council. Mr. Drake spoke about shooting that took place at Uptown Park Apartments on January 31 and advocated to better fund our police department. ❑ara Mandeville is wondering when the 2021 crime statistics for Federal Way will be released. She also expressed frustrations regarding the Eyes on Federal Way application and is concerned over staff wasting time adding entries to the app. Savelie Makasini works as a youth navigator at the Pacific Islander Community Association working with youth from Federal Way, Auburn, Kent and Renton. He shared about the work that their program does to help youth. Calson Tommy Tiweyonq, a youth organizer for Pacific Away Finders, shared the ways that pausing the RCP Program will negatively impact their program. Federal Way City Council Regular Minutes Page 4 of 9 February 1, 2022 Helen Kubik spoke regarding the Special City Council Meeting held January 18th stating that she would like to see improvements as the Commons Mall before we consider a pedestrian bridge to connect the light rail station to the mall. Pat Montgomery spoke in favor of the RCP programs stating that they are too important to not consider consensus amongst all stakeholders. Ay Amusre clarified the issues Judge Larson is describing and the RCP Programs are two separate matters. Ron Tabor thanked Judge Larson for his insight and recommendations regarding the Sequential Intercept Model. Mr. Taylor would like to see some sort of recognition of John Conna in the form of a street name, park or something along those line in Federal Way. Betty Taylor advocated on behalf of her deceased grandson, Ezra, for better accountability in our judicial system to address gun violence. Anna Patrick shared her disappointment with King County and feels a pause in the RCP program while questions are answered would be beneficial. Denise Yun expressed elected officials should talk to at risk youth and not wait for an invitation. She also stated Federal Way is very diverse and feels positions within the City should reflect this. Tirzah Idahosa addressed the RCP program recognizing while it may not be perfect but it is doing something to help the community. Ms. Idahosa stated a desire to see City Council do more through action. Saudia Abduella asked council to expand the eligibility of diversion programs. She also expressed a desire to pause the appointment of the new court judge in order to widen the search for a candidate. Sai Samineni requested council vote to re -appoint Cynthia Ricks-Maccotan to the Human Services Commission. Ms. Samineni also expressed opposition for the Sequential Intercept Model. Lyn Idahosa is saddened that youth are attending and speaking to what they need but it seems their voices are not being heard. She also advocated to keep the DEI position in the City budget. ❑r. Timmie Foster requested that Council hold off on appointing a new judge and focus more on diversity and inclusion on that role. At 9:21 p.m. Mayor Ferrell announced the Council would take a brief recess. He reconvened the meeting at 9:30 p.m. Emails from Joan Tornow and Jacquelyn Harris read by the City Clerk opposing the process and judicial appointment. Email from Carlecia Bell read by the City Clerk in opposition of pausing the Restorative Community Pathways Program. Federal Way City Council Regular Minutes Page 5 of 9 February 1, 2022 A joint letter received from the Federal Way Black Collective read by the City Clerk questioning the process and requesting a pause in the appointment of a new Municipal Court Judge. The letter was supported by twenty named individuals. 6. CONSENT AGENDA a. Minutes: January 18, 2022 Regular and Special Meeting Minutes b. Monthly Financial Report — November 2021 c. AP Vouchers 11/16/2021 — 12/15/2021 & Payroll Vouchers 11/01/2021 - 11/30/2021 d. AP Vouchers 12/16/2021 — 01/15/2022 & Payroll Vouchers 12/01/2021 - 12/31/2021 e. Procurement of Municipal Court Software f. Resolution: 2022 Fee Schedule Revision/APPROVED RESO #22-820 g. Steel Lake Maintenance Facility Fencing Proposal Acceptance h. Request for Proposals — Dumas Bay Centre Catering Services Purchase of Police Vehicle Laptops Purchase of Cradle Points for the Police Department k. Purchase of Portable Handheld Radios for the Police Department COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH K ON THE CONSENT AGENDA; 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 7. COUNCIL BUSINESS • Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Clerk's Note: this item was pulled and tabled indefinitely at the top of the meeting. No further action was taken. b. Council Confirmation of Mayoral Appointment of Municipal Court Judge Intergovernmental Relations & Public Affairs Officer Steve McNey provided Mr. Bales' background as a Senior Prosecutor for the King County Prosecuting Attorney's Office, a Special Assistant United States Attorney for a temporary assignment prosecuting felony firearm cases in the U.S. District Court, and a Felony Trial Judge for the United States Army Reserves. Mr. McNey noted Mr. Bales comes highly recommended and is very well qualified. COUNCIL PRESIDENT KOCHMAR MOVED TO CONFIRM THE APPOINTMENT OF BRADFORD BALES AS A MUNICIPAL COURT JUDGE; SECOND BY DEPUTY MAYOR HONDA. Councilmember Assefa-Dawson appreciates Mr. Bales' qualifications yet is concerned with the community concern over lack of representation of the Black and Brown Federal Way City Council Regular Minutes Page 6 of 9 February 1, 2022 Communities. She would like to see the position re -opened and further advertised to provide an opportunity for additional candidates. Deputy Mayor Honda noted she sat on the diverse interview panel and supports the recommendation and the Mayor's appointment. She further noted this judicial seat -has been on the ballot unopposed for the last three election cycles, since 2009, most recently in November. The main motion passed 5-1 as follows; Councilmember Assefa-Dawson dissenting. Council President Kochmar yes Councilmember Tran absent Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson no Councilmemberpovey yes Councilmember Norton yes Mr. Bales thanked the Mayor and Council for the process and the appointment. He looks forward to being sworn in on February 22. He desires to ensure trust in the judicial system and will bring his 25 years of experience to this position. DEPUTY MAYOR HONDA MOVED TO EXTEND THE MEETING PAST 10:00 P.M. TO NO LATER THAN 11:00 P.M.; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed 5-1 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton no Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes c. Confirmation of Independent Salary Commission Appointment COUNCIL PRESIDENT KOCHMAR MOVED TO CONFIRM THE APPOINTMENT OF GREG BARUSO TO THE INDEPENDENT SALARY COMMISSION; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes d. Resolution: Amending City Council Rules of Procedure City Attorney Ryan Cali provided proposed changes to the Council Rules of Procedure as requested by Council. He noted the changes include the process for which letters and emails are read by the City Clerk at the meeting and updating the term "Citizen Comment" to a more inclusive term of "Public Comment". Mr. Call stated in effort to streamline the meetings and ensure business is handled at a reasonable hour, the rules would be updated to direct the City Clerk to transmit the emails (or letters) to the Mayor and City Council and also include them into the final record. Upon research of this process, it was determined no other local city or jurisdiction provides for reading letters or emails at the meeting. With the meeting now required to offer a remote attendance option, the public is offered the ability to call into the meeting to provide "live" comments. Councilmembers thanked Mr. Call for his presentation and noted this item was discussed at the Finance, Economic Development and Regional Affairs Committee. Federal Way City Council Regular Minutes Page 7 of 9 February 1, 2022 Council supports the policy change for reading emails at the meetings, however discussion centered on the change from the term "citizen". After much discussion regarding use of terms public, citizen or resident comment, it was also suggested to ask commenters provide the city of residence. Council concurred they would like to have further discussion regarding the terms public versus citizen; potentially requesting city of residence and amending the policy to include written letters or emails in the official record rather than read them aloud at the meeting. Mr. Call affirmed he will bring these issues back for discussion at the retreat. COUNCIL PRESIDENT KOCHMAR MOVED TO TABLE THIS ITEM UNTIL THE COUNCIL RETREAT; SECOND BY COUNCILMEMBER NORTON. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Clerk's Note: this interview was not held and will be rescheduled to a future date. No action was taken. f. Human Services Commission Appointments COUNCILMEMBER WALSH MOVED THE FOLLOWING APPOINTMENTS TO THE HUMAN SERVICES COMMISSION AS VOTING MEMBER WITH TERMS TO EXPIRE JANUARY 31, 2025: CYNTHIA RICKS-MACCOTAN TO A VOTING POSITION 4, KEN STARK TO A VOTING POSITION 5, MARY SCHULTZ TO A VOTING POSITION 6; AND AARON WALSH TO THE UNEXPIRED TERM IN POSITION 3 THROUGH 01/31/2024; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes g. Planning Commission Appointment COUNCILMEMBER DOVEY MOVED TO APPOINT VICKIE CHYNOWETH TO THE PLANNING COMMISSION AS AN ALTERNATE MEMBER WITH A TERM TO EXPIRE ON SEPTEMBER 30, 2024; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran absent Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson reported on her recent trip to Ethiopia which was an incredible experience and she was honored she had the opportunity to go. She was made aware of many issues Federal Way City Council Regular Minutes Page 8 of 9 February 1, 2022 such as other countries not having the ADA requirements and accessibility as the United States. She is looking forward to her son getting married and celebrating with family. Councilmember Norton and Councilmember Walsh provided no report. Councilmember Dovey suggested more conversations with Judge Larson and noted he came across a city in Florida who are adding GPS devices to the most commonly stolen cars to assist families who are most likely to be impacted by stolen vehicles. Deputy Mayor Honda reported she attended along with Councilmember Norton the PSRC Newly Elected Training and the MRSC Conflict Resolution Skills Center. She found both very informative and interesting. She reported on attending the Domestic Violence Forum and Board of Health meetings. She is looking forward to the new Executive Assistant starting on Monday, and was also happy to announce she is a grandparent again. She requested a report from the Chief at the next PRHSPS meeting regarding the recent shooting. Council President Kochmar thanked everyone who attended the meeting and provided testimony; the Council does hear everyone and they are doing the best they can for the entire city. She met with Congressman Adam Smith and is looking forward to a trip to Washington D.C. where she is planning on asking for $8 million for turf fields. She continues to support asking the School District to resume meetings in Council Chambers so that the public can participate. She wished everyone a Happy Lunar New Year. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:25 p.m. Attest: r St p anie Courtney City Clerk Approved by Council: e`ZI BSI�� Federal Way City Council Regular Minutes Page 9 of 9 February 1, 2022