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09-03-2024 Council Packet - RegularCITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* September 3, 2024 — 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CEREMONIES & RECOGNITION • Recognition of Jet Cities Chorus and Rhapsody Quartet 4. MAYOR'S EMERGING ISSUES AND REPORT • Updated Crime Report — Police Chief Hwang • Back to School Safety Reminders — Police Chief Andy Hwang • Traffic Safety Update: SW 320th St & 21s' Ave SW — Public Works Director EJ Walsh and Police Chief Andy Hwang • Recent Events: Lion's Club Car Show (8/17); LifeStream Blood Bank Opening on (8/21); Visit from Congressman Adam Smith (8/23); Run with the Cops 5K (8/24); Back to School Free Haircuts (8/27); Meeting with King County Library Executive Director Heidi Daniel (8/28) • Upcoming Events: Kiwanis Golf Tournament (9/6); Marine View Presbyterian Church Men's Breakfast (9/7); Free King County Shredding Event at the PAEC (9/14); Free South King Tool Library/Public Works Drive-Thru Recycling Event (9/14); Integrity Life Church 16th Anniversary (9/15); Financial Resiliency Classes Resume, Thursdays, September 26-November 21 • Coffee Shop Town Hall with Councilmembers and School Board members on September 21, at 10:00 a.m. — Poverty Bay Coffee • Federal Way Community Festival report — Allison Fine The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/j/363503282?pwd=VmlocGOrd FVyTURaQnIL)RUIQOTQ4ZzO9 5. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. Council Rules prohibit any personal, impertinent, threatening or slanderous remarks, and no speaker may convey or donate their time for speaking to another speaker. All individual comments are limited to 3 minutes each. The Mayor may interrupt any speaker whose comments continue too long, relate negatively to others, disparage people based on race, national origin, gender, sexual orientation or other protected status, or are otherwise unconducive to a civil meeting. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: August 13, 2024 Regular and Special Meeting Minutes b. 2025-2027 Solid Waste and Recycling Grant Approvals c. ADA Retrofit Program — 85% Status and Authorization to Bid d. 2021 Storm Drain CCTV Inspection and Assessment — Project Acceptance 8. PUBLIC HEARING a. Ordinance/Proposed FWRC Title 19 Amendments to the Park of Recreational Vehicles on Residential Properties • Presentation: Keith Niven, Community Development Director • Public Comment — 3 minutes each 9. COUNCIL BUSINESS a. Washington Military Dept of Emergency Division Extreme Weather Response Grant Funds Application Agreement • Presentation: Layelah Wilson, Human Services Coordinator The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/j/363503282?pwd=VmlocGOrd FVyTURaQnIL)RUIQOTQ4Zz09 b. Proposed 2022-2024 Collective Bargaining Agreement with Teamsters Local 117 representing Lieutenants • Presentation: Vanessa Audett, Human Resources Director c. Planning Commission Appointment(s) d. Human Services Commission Appointment(s) e. Senior Advisory Commission Appointment(s) f. Ethics Board Appointment(s) g. Youth Commission Appointment(s) h. Lodging Tax Advisory Committee Appointments i. Diversity Commission Appointment 10. ORDINANCES First Reading a. Council Bill #884/Ordinance: FWRC Title 19 Amendments to the Park of Recreational Vehicles on Residential Properties AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO REGULATING THE PARKING OF RECREATIONAL VEHICLES, UTILITY TRAILERS, AND BOATS IN RESIDENTIAL ZONES; AMENDING FWRC 19.05.210, 19.130.260, AND 19.130.290, AND REPEALING FWRC 19.130.270 AND 19.130.280 (Amending Ordinance Nos. 90-43, 00-375, 04-457, 09-593, 09-595, 09-607, 09-610, and 13-754). • Presentation & Public Comment taken during the public hearing Second Reading/Enactment b. Council Bill #881/Ordinance: 2023-2024 Biennial Budget Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance Nos. 22-941, 23-959, 23-974 and 24-986) c. Council Bill #882/Ordinance: Setting Municipal Court Judge Salary AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE SALARY OF MUNICIPAL COURT JUDGES; AMENDING FWRC 2.29.050 (Amending Ordinance Nos. 99-339, 01-397, 05-484, and 05-494). d. Council Bill #883/Ordinance: Revising FWRC 8.50.010 Relating to Parking Recreational Vehicles on City Streets AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO RECREATIONAL VEHICLES PARKING ON CITY STREETS; AMENDING FWRC 8.50.010. (Amending Ordinance no. 24-983) The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/j/363503282?pwd=VmlocGOrd FVyTURaQnIL)RUIQOTQ4Zz09 11. COUNCIL REPORTS 12. EXECUTIVE SESSION • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) 13. ADJOURNMENT The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/j/363503282?pwd=VmlocGOrd FVyTU RaQn IoRU IQOTQ4Zz09 dP*Pdq 111. 41.1 Pa�� .j IP14 did L..4Idi NJ 1.1dill LifLid i ill11-3 P14 Lid 111 dill did Lid i ld i ki LP`iiH = CITY OF Fide r IWay a _ Certificate of Recognition Presented to: Cities ChorusJet _ n behalf of the Elected officials and Residents of Federal Way, Washington, in recognition for being named the 2024 North by Northwest Region 13 Champions. Your outstanding in Spokane was both lively performance and impressive. We wish you the best of luck at the 2025 International Competition. Dated this 3rd day of September, 2024 { C i errell, ayor a ochmar, w "1 President - L Assefa-Da ssoo�n,,,Councilmember Paul McDa iel, Counci member - J5 Honda, Councilmember Hoang V. Tran, Councilmember = ac aish, uncilmember Ja Da y, Coun t7yr = � u • [ :j Ire ■viyr. 7a COUNCIL MEETING DATE: September 3, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the August 13, 2024 Regular and Special Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑. Other STAFF REPORT BY: Stephanie Courtney, Cily Clerk DEPT: Cily Clerk Attachments: August 13, 2024 Regular and Special Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council fnilia IDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY of Federal Wav Centered on Opportunity CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers August 13, 2024 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:02 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Susan Honda, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Administrator Brian Davis, Assistant City Attorney Kent van Alstyne, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. CITY COMMISSION RECOGNITION a. Commissioner Comment The following Commissioners provided comments to the Council representing their Commissions: • Arts Commission: Vickie Chenowith (chair) and Karen Brugato • Human Services Commission: Betty Taylor and Vivian Alexander • Senior Advisory Commission: Lana Bostic (chair) and Tammy Dziak • Diversity Commission: Saudia Abdullah (chair), Trenise Rogers, Chika Onyejiaka, Craig Patrick, and Jennifer Kiiru • Parks Commission: Karen Brugato • Planning Commission: Lawson Bronson (chair), Anna Patrick, and Vickie Chenowith • Steel Lake Management District: Margaret Reyhner, Melissa Hamilton, and Bruce Meyers • Youth Commission: Juan Juarez -Ramos (former chair). Council thanked the Commissioners for their comments. Federal Way City Council Special Minutes Page 1 of 2 August 13, 2024 b. Recognition At 5:44 p.m. Mayor Ferrell noted the City Council would take a 10-minute recess for a reception honoring the Commissioners and their contributions to the city. Mayor Ferrell noted following the reception, Council would be adjourning to executive session for the purpose of discussing collective bargaining pursuant to RCW 42.30.140(4)(b) and pending litigation pursuant to RCW 42.30.110(1)(i) for approximately twenty-five minutes. 4. EXECUTIVE SESSION Mayor and the City Council adjourned to executive session at 5:55 p.m. (to discuss collective bargaining pursuant to RCW 42.30.140(4)(b) and pending litigation pursuant to RCW 42.30.110(1)(i); anticipated duration is twenty-five minutes). • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i) 5. ADJOURNMENT Executive session concluded and the special meeting was adjourned at 6:16 p.m. Attest: Stephanie Courtney, MMC, CPRO City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 August 13, 2024 CITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers August 13, 2024 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:33 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Susan Honda, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Administrator Brian Davis, Assistant City Attorney Kent van Alstyne, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell recognized staff members Thomas Fichtner, Xiao Guo, and Leif Ellsworth for their outstanding response to the worldwide technology CrowdStrike outage on July 19. He reported on attending along with many Councilmembers, the ground -breaking for the new Joint Use Operations & Maintenance Facility on August 5. He provided details on other regional events including the Kiwanis Salmon Bake, FUSION Gala, and the Federal Way Community Festival. Upcoming local events include the Lion's Club Car Show, the Run with the Cops 5K, and the free back to school haircuts at Town Square Park. The Mayor overviewed the upcoming 2025-2026 biennial budget meetings which begin in September and continue through November. 4. PUBLIC COMMENT Craig Patrick is seeking volunteers to assist the next clean-up project at the West Hylebos Park on September 14. Trenise Rogers would like to see increased city assistance and connection to minority owned small businesses. Federal Way City Council Regular Minutes Page 1 of 9 August 13, 2024 Geoffrey Tancredi shared ongoing concern with state legislation that is affecting neighborhoods, citing HB1220 as an example. Bob Darrigan promoted the Lions Club Car Show and working with other service groups in the city. Selina Taylor presented a plaque of appreciation to Police Officer Sarah Montjoy who assisted at the scene when her son was shot and killed on September 26, 2021. Officer Montjoy accepted the appreciation plaque; Chief Hwang provided details regarding the circumstances of Officer Montjoy's assistance that night. Mayor Ferrell announced a brief recess at 7:09 for approximately 5 minutes. The meeting reconvened at 7:15 p.m. Anna Patrick spoke in concern with state legislation, specifically HB 1220 and HB 1110, Quentin Morris thanked the police department for his recent ride -along. 5. PRESENTATIONS a. Proclamation: 90th Anniversary of the MRSC Councilmember Honda read and presented the proclamation to Jon Rose, MRSC Finance & Administration Manager. Mr. Rose thanked the Mayor and Council, acknowledging the city as a valuable partner. MRSC was founded in 1934 and assists local municipalities as a trusted advisor. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh reported the next meeting will be September 10. Land Use/Transportation Committee (LUTC) Councilmember Dovey reported the next meeting will -be September 9, due to the holiday, and referenced legislation regarding parking of recreational vehicles. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran reported on items that were forwarded by the committee at their July 23 meeting. He noted the August meeting is canceled and the next regular meeting will be September 24. Lodging Tax Advisory Committee (LTAC) CouncilmemberAssefa-Dawson reported the August meeting is canceled, the next meeting is scheduled for September 10th where TEG applications will be reviewed. She promoted free workshops for small business owners and non -profits. Regional Committees Report Councilmember Honda thanked the neighborhoods participated in National Night Out and the Commissioners who spoke during the special meeting. She provided a report on the Senior Advisory Commission and other regional Federal Way City Council Regular Minutes Page 2 of 9 August 13, 2024 meetings she has attended. Council President Report: Council President Kochmar appreciated the feedback from the Commissioners and agrees with the suggestion of a city parade. She reported on the Kiwanis Salmon Bake, requested a crime report at the next meeting, and provided information on the next community meeting with School Board members. 7. CONSENT AGENDA a. Minutes: July 16, 2024 Regular Meeting b. Monthly Financial Report — June 2024 c. AP Vouchers 06/18/2024 — 07/15/2024; Payroll Vouchers 06/01/2024 — 06/30/2024 d. 2025 WA Association of Sheriffs and Police Chiefs Body Worn Camera Grant Interlocal Agreement e. Copier and Printer Maintenance Agreement f. Purchase of Manage Detection and Response Services g. ARPA Grant Funds Reallocation h. Resolution: Federal Way Investment Policy Update/Approved Reso #24-861 i. Initiation of Development Agreement Negotiations for Sound Transits Operations and Maintenance Facility South Councilmember Honda pulled Consent item g/ARPA grant funds reallocation. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS (A) - (F), (H) AND (1); SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Honda yes g. ARPA Grant Funds Reallocation Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Finance Director Groom provided a brief presentation, noting this will maximize the federal ARPA money which needs to be obligated by the end of the year. He noted twelve (12) other cities have already completed this process, which is allowable under the Treasury rules and will also help with future audits. Councilmember Honda requested the list and status of 52 remaining ARPA projects be noted in the monthly financial reporting to ensure they are funded and completed; Councilmembers concurred. Federal Way City Council Regular Minutes Page 3 of 9 August 13, 2024 COUNCIL PRESIENT KOCHMAR MOVED APPROVAL OF [CONSENT AGENDA ITEM G] ARPA GRANT FUNDS REALLOCATION; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmemberpovey yes Councilmember Honda yes 8. PUBLIC HEARING a. Ordinance/2023-2024 Biennial Budget Amendment (per RCW 35A.34.130) At 7:53 p.m. Mayor Ferrell opened the public hearing. Finance Director Steve Groom stated this public hearing follows RCW 35A.34.130 and authorizes information not known at the time of budget adoption including prior year carry -forward and new grants or other funding. Director Groom provided details of the adjustments included in the budget amendment. No public comment was received. Mayor Ferrell noted action on this ordinance will occur later in the agenda. COUNCILMEMBER TRAN MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Honda yes 9. COUNCIL BUSINESS Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes a. Assessment Lien for Abatement at 1235 SW 313th Street Code Compliance Supervisor Christina Dunlap provided information on the property abatement which will be filed as a lien on the property with the county. Council thanked Ms. Dunlap for the presentation and asked clarifying questions. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ASSESSMENT LIEN ON THE TAYLOR PROPERTY IN THE AMOUNT OF $4,287.29; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes b. Proposed 2025-2027 Collective Bargaining Agreement with the Federal Way Police Officer Guild Federal Way City Council Regular Minutes Page 4 of 9 August 13, 2024 Human Resources Director Vanessa Audett provided information on the proposed Police Officer Guild contract and outlined details on the 3-year contract which conforms with direction previously provided by Council. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED 2025-2027 COLLECTIVE BARGAINING AGREEMENT WITH THE POLICE OFFICERS GUILD, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes c. SR-99 FWHS Pedestrian Safety — 85% Status and Authorization to &dAward Senior Traffic Engineer Jason Kennedy clarified this item is to authorize the project award. He defined the scope of the project and identified the funding sources, which includes a Transportation Improvement Board (TIB) grant. COUNCILMEMBER DOVEY MOVED TO AWARD THE MEDIAN FENCING PROJECT ON PACIFIC HIGHWAYS (S 304T" STREET TO S 308T" STREET) TO SOUTH SOUND FENCING, LLC, IN THE AMOUNT OF $43,986 AND APPROVE A CONTINGENCY OF $3,000 FOR A MAXIMUM CONTRACT AMOUNT OF $46,986; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes d. Proposed Settlement Agreement Regarding the LeMaster Lawsuit Assistant City Attorney Kent van Alstyne provided information on the mediated settlement of this lawsuit that resulted from a trip and fall near Pacific Highway. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED SETTLEMENT IN THE MATTER OF LEMASTER V. CITY OF FEDERAL WAY IN THE AMOUNT OF $125,000; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes e. Jet Cities Chorus Memorandum of Understanding (MOU) Community Relations Liaison and Parks Department Contract Administrator Autumn Gressett provided information on this MOU between the city and the Resident Artist Organization — Jet Cities Chorus. Federal Way City Council Regular Minutes Page 5 of 9 August 13, 2024 Council thanked Ms. Gressett and asked clarifying questions. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED MEMORANDUM OF UNDERSTANDING; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes f. Federal Way Symphony Orchestra Memorandum of Understanding (MOU) Community Relations Liaison and Parks Department Contract Administrator Autumn Gressett highlighted a minor change to the Resident Artist MOU to correct the signatory on the agreement from OVG as the city's agent, to the city. This clarifies the city's role and responsibility in the agreement. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED MEMORANDUM OF UNDERSTANDING; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes g. Federal Way Youth Symphony Orchestra Memorandum of Understanding (MOU) Ms. Gressett noted similar to the previous MOU, the signatory on the agreement was updated from OVG as the city's agent, to the city. This clarifies the city's role and responsibility in the agreement. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED MEMORANDUM OF UNDERSTANDING; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes h. Federal Way Chorale Memorandum of Understanding (MOU) Ms. Gressett noted similar to the previous MOU's, the signatory on this agreement was also updated from OVG as the city's agent, to the city. This clarifies the city's role and responsibility in the agreement. Federal Way City Council Regular Minutes Page 6 of 9 August 13, 2024 COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED MEMORANDUM OF UNDERSTANDING; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Davey yes Councilmember Honda yes 10. ORDINANCES First Reading a. Council Bill#881/Ordinance: 2023-2024 Biennial Budoet Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance Nos. 22-941, 23- 959, 23-974 and 24-986) The presentation was made during the public hearing; no additional information was presented or discussed. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 3, 2024 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Davey yes Councilmember Honda yes b. Council Bill #882/Ordinance: Setting Municipal Court Judge Salary AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE SALARY OF MUNICIPAL COURT JUDGES; AMENDING FWRC 2.29.050 (Amending Ordinance Nos. 99-339, 01-397, 05-484, and 05-494). City Administrator Brian Davis overviewed the proposed ordinance that aligns the Municipal Court Judge salary with the District Court Judge salary. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 3, 2024 COUNCIL MEETING FOR SECOND READING AND ENACTMENT.; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Davey yes Councilmember Honda yes Federal Way City Council Regular Minutes Page 7 of 9 August 13, 2024 c. Council Bill #883/Ordinance: Revising )=WRC 8.50.010 Relating to Parkin Recreational Vehicles on City Streets AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO RECREATIONAL VEHICLES PARKING ON CITY STREETS; AMENDING FWRC 8.50.010. (Amending Ordinance no. 24-983) Assistant City Attorney Kent van Alstyne provided information on the proposed legislation relating to recreational vehicles on city streets in residential areas. Mr. van Alstyne noted a companion ordinance will follow (at a future meeting) with proposed changes to Title 19, to make it easier for residents to park RV's legally on their own property. Due to the effective dates, Council Bill #883 and the companion ordinance will essentially become effective simultaneously, if both are passed by Council. Mr. van Alstyne highlighted a change made at Council Committee to include a 48- hour exception to allow residents to load and unload in front of the RV operators home. Council thanked Mr. van Alstyne for the presentation and asked clarifying questions. Council debated the addition of a 48-hour exception for residents, and the enforceability of it. Councilmember McDaniel, Honda and Assefa-Dawson stated the reasons they would not be supporting the ordinance. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 3, 2024 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER. COUNCILMEMBER MCDANIEL MOVED TO AMEND THE MOTION TO REMOVE THE 48- HOUR CLAUSE [FROM THE PROPSED ORDINANCE]; SECOND BY COUNCILMEMBER HONDA. Council continued to debate, and asked for more discussion and input from residents before second reading of this ordinance. The motion to amend failed 3-4 as follows: Council President Kochmar no Councilmember Tran no CouncilmemberAssefa-Dawson yes Councilmember Walsh no Councilmember McDaniel yes Councilmemberpovey no Councilmember Honda yes The main motion passed 4-3 as follows: Council President Kochmar yes Councilmember Tran yes CouncilmemberAssefa-Dawson no Councilmember Walsh yes Councilmember McDaniel no Councilmember Dovey yes Councilmember Honda no Federal Way City Council Regular Minutes Page 8 of 9 August 13, 2024 11. COUNCIL REPORTS Councilmember Assefa-Dawson had no report. Councilmember McDaniel enjoyed the Community Festival. Councilmember Honda reported on the recent service club meeting, the annual Salmon Bake, and promoted the upcoming 331d Annual Kiwanis Charity Golf Tournament. Councilmember Tran acknowledged his upcoming birthday, noting he continues to enjoy his retirement. Councilmember Walsh thanked the Commissioners who attended the special meeting and noted his support of a city parade. Councilmember Dovey reported on the charity speed croquet tournament. Council President Kochmar had no report. 12. EXECUTIVE SESSION e . ■ e ,r ._ IMPIREM.Mi• e a a 13. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:10 p.m. Attest: Stephanie Courtney, MMC, CPRO City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 August 13, 2024 7b COUNCIL MEETING DATE: September 3, 2024 ITEM #: .......... .. ..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2025-2027 SOLID WASTE AND RECYCLING GRANT APPROVALS POLICY QUESTION: Should the City apply for grants, enter into related interlocal agreements, and allocate the funding for implementation of related Solid Waste and Recycling projects, per the proposed Resolution? COMMITTEE: Land Use and Transportation MEETING DATE: August 5, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business 0 Resolution ❑ Other STAFF REPORT BY: Rebecca Kovar, ES Contract Coord. RRK DEPT: Public Works Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve the proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL 7 -7 DIRECTOR APPROVAL: 71'J►�`� C n[[ a Wou d Ir Initial/Date IniliaE' ale fn[ua Dace COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the September 3, 2024 consent agenda for approval. I k Do y, ommittee Chair .] alsh, Committee Member Hoang fI ,,. Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed resolution (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 5/2024 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 5, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director✓✓ Rebecca Kovar, Environmental Services Contract Coordinator RRK SUBJECT: Resolution: 2025-2027 Solid Waste and Recycling Grant Approvals Financial Impacts: Revenues from the grants described in this memorandum will be encumbered into the City budget via the following revenue accounts: 106-0000-000-334-03-010 DEPT OF ECOLOGY— LOCAL SOLID $ 130,000.00 (estimate) WASTE FINANCIAL ASSISTANCE 106-0000-000-334-03-010 DEPT OF ECOLOGY— RAMP LITTER $ 60,000.00 (estimate CLEANUP PROGRAM 106-0000-000-337-00-001 KC - HAZARDOUS WASTE MGMT. $ 22,000.00 (estimate) 106-0000-000-337-00-003 KC - WASTE REDUCTION GRANT $ 79,000.00 (estimate) Grant revenues will be distributed within the 106 Solid Waste Special Revenue Fund to offset the costs of eligible projects and services. This funding is considered "one-time" and will have no significant impacts to General Fund administration. Back round Information: The Environmental Services Division (ES) requests City Council approval of four upcoming grants that support solid waste and recycling projects. Combined, these four grants will provide an estimated $303,000 in revenue over the coming biennium. These non-competitive allocation grants fund an array of beneficial projects to serve the Federal Way community. The attached City Council Resolution would approve submittal of grant applications, entering into related inter -agency contracts or MOU's and encumbrance of grant funds. Discussion: Projected Grant Amounts and Required Match: The Washington Department of Ecology's 2025-2027 Local Solid Waste Financial Assistance Grant (LSWFA) is projected to be $130,000 with a 25% match requirement of $32,500. The Washington Department of Ecology's 2025-2027 Ramp Litter Cleanup Program grant is estimated to be $60,000. King County Solid Waste Division's 2025 Waste Reduction/Recycling (WRR) grant is estimated to be $79,000 while the 2025 Hazardous Waste Management Program (HWMP) is estimated to be $22,000 (plus $2,000 for ES staff support discussed below). The WRR and HWMP grants have no match requirements, easily meeting LSWFA's 25% match. The estimated funding from all four grants totals $291,000. This amount may vary, since final allocations are adjusted based on population and participation of other cities. Together, these grants fund waste reduction, recycling, and moderate risk waste projects that benefit Federal Way residents and businesses. ES prepares applications and detailed project scopes and then coordinates Rev. 6/2020 August 5, 2024 Land Use and Transportation Committee Resolution: 2025-2027 Solid Waste and Recycling Grant Approvals Page 2 grant contracts and ongoing reporting with grant agencies. Grant funding programmed into the ES budget also reimburses for staff costs and overhead for related project implementation and reporting. As in prior cycles, grant amounts are estimates, and award is contingent on adoption of respective budgets by the State Legislature for the WA -DOE grants, King County Council for the WRR grant, and King County Board of Health for HWMP funding. Related projects established by each grant's scope of work will only be implemented after agencies have adopted respective budgets and subject to finalization of interagency grant agreements. LSWFA Funding May Vary: LSWFA funding'is routinely allocated in two distinct cycles: Regular and Offset. This has allowed flexibility for unspent grant funds from one jurisdiction to be re -allocated to successful projects in other jurisdictions. Federal Way has sought and received Offset -cycle funding in the past, so the draft Resolution anticipates procuring Offset -cycle funding as well. Funding City Staff Support for HWMP Administration: HWMP allocates $2,000 in additional funding to Federal Way to offset ES staff support of this County -wide program. ES staff participate in the HWMP's Moderate Risk Waste (MRW) Collection Committee which coordinates regional MRW services and outreach. City Council Approval Process: The attached draft Resolution serves several functions: it approves applying for and receiving grant funds, specifies budget accounts, and outlines grant -specific projects. The draft Resolution includes a summary table that shows anticipated grant funds, match, and related 2025-2027 projects. Updates on Current Grant EM ects: To date, during the current 2023-2024 grant cycle, projects have resulted in approximately $90,000 in reimbursable expenditures, through seven grant report/reimbursement requests. Five additional requests will be prepared prior to close-out. Highlights of current waste reduction, recycling, and moderate risk waste projects follow. These projects will continue to be supported by grant funding in the upcoming cycle. • Recycling Collection Services: Promoting, organizing and managing targeted Recycling Collection Services including curbside collection services and/or offsetting the fees for use of King County and private facility recycling services. Interchange Ramp cleanup: Cleaning garbage, litter, and other debris from interchange ramps in coordination with the Washington Department of Transportation. • Residential and Community Outreach: Producing and distributing educational materials to residents, providing an array of waste reduction, recycling and composting information, plus household hazardous waste disposal options. Grant funds support community workshops on recycling -related topics, as well as waste prevention initiatives such as the South King Tool Library and Repair Cafes focusing on repair of mendable items. Grants also support public battery recycling drop-offs at local facilities. Multi -Family Recycling Promotion: Supporting recycling services at multi -family residences (including recycling signage and container labels, recycling tote bags for resident use, promotional newsletters distributed directly to residents, and translations). Focused outreach will be provided to allow recycling services at complexes serviced via "valet" (front door -step) refuse collection. August 5, 2024 Land Use and Transportation Committee Resolution: 2025-2027 Solid Waste and Recycling Grant Approvals Page 3 • Business Recycling Outreach: Assisting area businesses and organizations to implement or expand commercial recycling efforts, including provision of interior recycling containers, signage and staff training to suit each business. ES staff provides this outreach in conjunction with our franchised hauler's staff. Information is distributed to describe disposal options for difficult to manage wastes. Culturally Relevant Outreach: In furthering the Public Works Department's compliance with Title VI, we will be making connections with culturally -focused community organizations to foster transcreation/translation of waste reduction practices and outreach materials with specific appeal to diverse groups residing in Federal Way. The attached draft Resolution outlines projects funded by the combined grants. Pending approval by City Council, notices of intent, draft scopes of work and grant applications will be prepared as needed meet grant agencies timelines. This will be followed by contract execution, project/task implementation, and reporting/reimbursement.- RESOLUTION NO. 24- A RESOLUTION of the City of Federal Way, Washington, authorizing grant applications, acceptance of monies, and directing execution of agreements to accept funds from various state and county sources for establishing projects within the solid waste and recycling fund. WHEREAS, cities are charged with providing and maintaining public projects necessary to maintain and improve the public health, safety, and welfare; and WHEREAS, the financial resources of cities to provide these necessary services and improvements are limited; and WHEREAS, various state and county sources have dedicated grant funds available to supplement city projects, which are awarded based on population allocation and project eligibility; FMe WHEREAS, City staff pursues these funds in order to maximize the local public benefits of these funds; and WHEREAS, the grants identified herein will potentially net the City of Federal Way an estimated Two Hundred Ninety -One Thousand and No/100 Dollars ($291,000.00) during the 2025- 2027 biennium; and WHEREAS, the City commits to accountability by measuring and quantifying the results of the funded programs. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Resolution No. 24- Page 1 of 5 Rev 1-19 Section 1. Grant Applications and Agreements Authorized. For all projects identified in Column 1 of Exhibit A, attached hereto and incorporated herein by this reference, the Mayor or his or her designated representative is authorized and directed to submit grant applications, develop scopes of work, and execute related agreements with the agencies identified in Column 2 of Exhibit A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. The grant amounts shown in Column 3 ate estimated and subject to change, and agency -specific funding variations are anticipated per this resolution. Section 2. Receipts of Funds Authorized. The Mayor or his or her designee is hereby authorized to accept the grant monies estimated in Column 3 of Exhibit A attached hereto. Section 3. Creation of Solid Waste &, Rcc ,cling Project Grazit Fund Accounts Authorized. At the time of execution of each agreement and acceptance of the grant funds specific to that agreement, separate projects shall be established within the Solid Waste & Recycling Fund, into which monies specific to that grant project shall be deposited. Section 4. Mayor Shall Administer Funds. The Mayor or his or her designated representative shall have responsibility for the administration of the grant monies received, and for the awarding of eligible grant -funded projects to qualified vendors and contractors. Section 5. Identification of Source Funds. The approximate amounts and anticipated sources of revenue for the grant funded projects are identified in Exhibit A attached hereto. Section f. 5eve_rabiIity. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Resolution No. 24- Page 2 of 5 Rev 1-19 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of .32024. [signature page to follow] Resolution No. 24- Page 3 of S Rev 1-19 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, MMC, CPRO, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 24- Page 4 of S Rev 1-19 Exhibit A CITY OF FEDERAL WAY- SOLID WASTE & RECYCLING 2025-2027 GRANT PROJECTS AND ANTICIPATED GRANT AMOUNTS GRANT MATCH GRANT GRANT/PROJECTS SOURCE, AMOUNT REQUIRED TERMS Column 1 Column 2 Column 3 Column 4 Column 5 Local Solid Waste Financial Assistance (LSWFA) Recycling collection events Waste reduction and recycling outreach (single-family, multi -family and Washington Department $130,000 $32,500* 07/01/25 to commercial) of Ecology (Ecology) 6/30/27 Funding for staff Solid Waste Management Ramp Litter Cleanup Program (RLCP) Litter cleanup activities on State ramps located within the City Washington Department $60,000 $0 07/01/25 to of Ecology (Ecology) 6/30/27 Waste Reduction and Recycling Program Grant (WRR) Recycling collection events King County Solid Waste reduction and recycling outreach (single-family, multi -family and Waste Division commercial) (KCSWD) $79,000* $0 O1to Funding for staff 12/31 /31/2 /25 Hazardous Waste Management Program Funding (HWMP) Battery collection, Moderate Risk Waste Outreach Hazardous Waste 01/01/25 to Staff Participation in support of program administration. Management Program in $22,000* $0 12/31/25 Funding for staff King County TOTAL $291,000 * The WRR and HWMP grants will provide all needed snatching funds for the Local Solid Waste Financial Assistance Grant. Resolution No. 24- Page S of S Rcv 1-19 ..... ...... 7c COUNCIL MEETING DATE: September 3, 2024 W _ ITEM #: CITY OF, FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2024 ADA RETROFIT PROGRAM — 85% STATUS AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and request bids for the 2024 ADA Retrofit Program project and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 5, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Charskie Kinloch E.I.T., Civil Ln in! er DEPT: Public Works Attachments: 1. Memorandum to the Land Use and Transportation Committee dated August 5, 2024 Options Considered: 1. Approve staff to complete the proposed design and request bids for the 2024 ADA Retrofit Program project and return to the LUTC and Council for bid award, further reports, and authorization. 2. Do not approve staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends forwarding Option I to the September 3, 2024 City Council Consent Agelldafj}r approval. ___1% MAYOR APPROVAL: Ill ltial, COMMITTEE RECOMMENDATION: I move to RECTOR APPROVAL: V!/ 1 J3k J-jtv Initial/Date (A LLe - (•�� Chair a alsh, Committee Member Hoang Tran. 'ommittee Member PR NOSED COUNCIL MOTION: "I move lob&roire staff to complete the design and to advertise for bids for the 2024 ADA Retrofit Program project. " t1// (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ -MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 5/2024 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 5, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director _31� Charskie Kinloch, E.I.T., Civil EngineerL�K SUBJECT: 2024 ADA RETROFIT PROGRAM - 85% STATUS AND AUTHORIZATION TO BID Financial Impacts: The cost to the City for the 2024 ADA Retrofit Program was included within the approved budget under the Public Works Department Capital Project #36228. In accordance with the approved budget, this item is funded from $150,000 of Real Estate Excise Tax & $100,000 from LIFT Sales Tax through CIP Funds. Upon completion of the 2024 ADA Retrofit Program, future costs will be $0. Background Information: The primary purpose for the ADA-Retrofit Program is to increase accessibility for all users to the sidewalk and pathway network along public rights -of -way. The primary focus of this years' project is to improve pedestrian access, in or around City Center. The project will be constructing retrofit improvements to 13 curb ramps to make them ADA-compliant pedestrian crossings. Minor changes to surrounding sidewalk or storm drainage may be implemented to match conditions & elevations of new improvements. The following provides a brief synopsis of the progress to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: ■ Project Design to 85% ■ Topographic Survey Ongoing tasks include: • Project Design to 100% ■ Contract Specifications • Utility Coordination Rev, 7/18 7d COUNCIL MEETING DATE: September 3, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2021 STORM DRAIN CCTV INSPECTION AND ASSESSMENT - PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the 2021 Storm Drain CCTV Inspection and Assessment conducted by Pipeline Video Inspection LLC as complete? COMMITTEE: Land Use and Transportation MEETING DATE: August 5, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business r ❑ Resolution ❑ Other STAFF REPORT BY: John Cole DEPT: PW-Engineering Attachments: 1. Staff Report 2. Memorandum to the Land Use and Transportation Committee dated August 5th, 2024 Options Considered: 1. Approve the acceptance of the 2021 Storm Drain CCTV Inspection and Assessment conducted by Pipeline Video LLC as complete. 2. Do not approve the 2021 Storm Drain CCTV Inspection and Assessment conducted by Pipeline Video LLC as complete and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: SI �J DIRECTOR APPROVAL: i✓ 113 (z--o C vniltr -Cn«� it Initial/Date 1niliaVl7asc Ini[:.[t COMMITTEE RECOMMENDATION: I move to forward the 2021 Storm Drain CCTV Inspection and Assessment conducted,btk,,Pipeline Video Inspection LLC to the April 16, 2024 consent agenda for acceptance as complete. Comma ee Chair J ash, lffommiVl6e Member I foangTrK, Committee Member PROPOSED COUNiCIL MOTION: "I move to accept the Storm Drain CCTV Inspection and Assessment conducted by Pipeline Video Inspection LLC as complete. " BELOW TO BE COMPLETED BYCITYCLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 5/2024 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 5, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works `J'''r-- John Cole, Civil Engineer/��/ SUBJECT: 2021 Storm Drain CCTV Inspection and Assessment — Project Acceptance Financial Impacts: The cost to the City for 2021 Storm Drain CCTV Inspection and Assessment was included within the approved budget under the SWM CIP Assessment Budget, budget line 304. In accordance with the approved budget, this item is funded by the SWM CIP Assessment Budget from 2019-2021 in the amount of $300,000. Upon completion of the 2021 Storm Drain CCTV Inspection and Assessment, no future costs will be associated with operations and maintenance. Background Information: This project provided closed-circuit television recording to inspect and assess the condition of various storm pipes throughout the city. The City Council approved the -award of this contract to Pipeline Video Inspection LLC on April 5th, 2021, and authorized a maximum contract amount of $292,178.00. The 2021 Storm Drain CCTV Inspection and Assessment, conducted by Pipeline Video Inspection LLC is complete. The final construction contract amount is $163,055.42. This is $129,122.58 below the authorized maximum contract amount. Rev. 7/18 COUNCIL MEETING DATE: September 3, 2024 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING PROPOSED FWRC TITLE 19 AMENDMENTS PERTAINING TO THE PARKING OF RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTIES. POLICY QUESTION: N/A COMMITTEE: Land Use & Transportation MEETING DATE: August 5, 2024 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niveli _ DEPT: CD Attachments: Staff Report Background: The public hearing is being held regarding proposed code amendments to various sections in FWRC Title 19 relating to the parking of recreational vehicles, utility trailers, and boats on residential properties in the City. Pursuant to FWRC 19.80.190(1) "(t)he planning commission shall hold public hearings on each proposal, consistent with FWRC 19.80.200, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this chapter shall not be required." The hearing is being held by the City Council as the planning commission failed to meet meeting quorum requirements on July 10, 2024. The hearing is a code requirement and provides an opportunity for the community to comment on this proposed agreement before the Council takes action. . MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: V-P 23 July 24 Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 23, 2024, updated August 6, 2024 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD SUBJECT: Recreational Vehicle Code Amendment Financial Impacts: There are no financial impacts to the City for considering this code amendment. Background Information: In March, the Council adopted an ordinace prohibiting parking of recreational vehicles on all city streets in non-residential zones. As this proposed ordinance moved through the Land Use & Transportation Committee, there was a request from the City Council that staff consider further changes to City code that might improve the allowance for RVs to be parked on residential properties. The attached proposed code amendment considered codes from the cities of Bellevue, Issaquah, Everett, Renton, and Des Moines. In addition, staff provided an informational briefing to the Land Use & Transportation Committee on April 1, 2024. The purpose for this presentation was to solicit input from the Committee prior to drafting the code amendment. The Planning Commission received a briefing on this proposed code amendment on May 15, 2024. Procedural Summary: 5/17/24: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (24-101546-SE) 5/17/24: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 5/31/24: End of SEPA Comment Period 6/21/24: End of SEPA Appeal Period 7/10/24: Planning Commission 8/5/24: LUTC Council Committee (anticipated date) 9/3/24: City Council Public Hearing and 1 st Reading (anticipated date) Public Comment Rev. 7/18 The City received verbal comments from a resident at the LUTC briefing held on April 1, 2024 and at the Planning Commission briefing held on May 15, 20204. These comments were considered as part of developing the proposed code amendments. Decision Criteria: FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. Staff Response: The proposed FWRC text amendments support the following Comprehensive Plan Goal and Policies: LUP 1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUP 10 Support the continuation of a strong residential community. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP 13 Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City's land use regulations. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. Staff Response: The current code provides a size limitation to recreational vehicles and boats. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the amendments 1) remove the somewhat arbitrary size limitations allowing for these vehicles and trailers to be legally parked and stored on residential property; and 2) include more detailed siting criteria that must be met: a. including utility trailers to the regulations and provisions; b. ensuring the rv, boat, or utility trailer does not create a sight visibility hazard; c. requiring the rv, trailer, or boat belong to the resident of the property; d. requiring the rv, trailer, or boat to be licensed and operable; and, e. limiting the number of these items stored outdoors on each property to 1 of each. 3. The proposed amendments are in the best interest of the residents of the City. Staff Response: The proposed amendments include an evaluation of regulations imposed by nearby cities and incorporates those relevant to Federal Way. Although the proposed amendments remove the somewhat arbitrary size limitations, the incorporation of additional limitations will minimize the occurrence of RVs, utility trailers and boats become a neighborhood nuisance. Amendments from Committee: On August 5, 2024, the Land Use & Transportation Committee discussed the proposed code amendments relating to recreational vehicles, utility trailers, and boats. Pursuant to that Rev. 7/18 conversation, the proposed Ordinance was updated as follows: (6) The utility trailer or boat shall be owned by a resident or the property owner. The recreational vehicle shall be owned or occupied by the property resident or the property owner. Notwithstanding the foregoing, recreational vehicles, utility trailers, or boats may be parked temporarily for loading and unloading activities regardless of whether such parking is consistent with the requirements of this section. Mayor's Recommendation: The Mayor recommends approving the proposed code amendments. Rev. 7/18 _ 9a COUNCIL MEETING DATE: September 3, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION EXTREME WEATHER RESPONSE GRANT — RESPONSE FUNDS AGREEMENT POLICY QUESTION: Should.City Council authorize submittal and execution of the Extreme Weather Response Grant - Response Funds Agreement to complete the application process in order to receive future grant funding to be utilized for extreme weather events in Federal Way? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Layelah Wilson DEPT: Community Development Attachments: 1. Staff Report 2. Response Funds Agreement Options Considered: 1. Authorize staff to submit the Response Funds Agreement. 2. Do not approve and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL:/DIRECTOR APPROVAL:Z, -�" r3ni"4�c eO13: — r - fi]iliel Dail• InDate Initial . is I COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move authorization of the submission of the Response Funds Agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 5/2024 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 3, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Ulctor Layelah Wilson, Human Services Coordinator SUBJECT: Washington Military Emergency Department Emergency Management Division Extreme Weather Response Grant - Response Funds Agreement Financial .Impacts: There are no financial impacts to the City as this grant will be reimbursable on a first come first served basis while funds are available. The City currently allocates approximately $15,000.00 in response to severe weather and extreme cold weather shelters. Any funds the City expends can potentially be reimbursed under the Grant up to the amount expended. Background Information: Under City contracting rules, Council must authorize applications for grants, and must also authorize all interlocal agreements. On July 2, 2024, the Community Development Department received authorization from City Council to apply for the Washington Military Emergency Department Emergency Management Division Extreme Weather Response Grant. Subsequently, the grant agency informed the City that as part of the application process the City must sign and submit a fully executed Response Funds Agreement, which is an interlocal agreement between the City and the grant agency. With submission of the Agreement, the City will be agreeing to the contractual terms in the Agreement, but the terms and conditions will only be binding on the City should the City be approved as a recipient. The Community Development Department is therefore seeking City Council approval to enter into the Response Funds Agreement to complete the application process. Rev. 7/18 WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION EXTREME WEATHER RESPONSE GRANT RESPONSE FUNDS AGREEMENT FORM SPECIAL TERMS AND CONDITIONS INTRODUCTION ATTACHMENT A The Washington Military Department (WMD) herein known as "the DEPARTMENT", through the Emergency Management Division, coordinates and facilitates the implementation of Extreme Weather Grant (EWG). The DEPARTMENT is authorized to enter into agreements with political subdivisions to reimburse Applicant for eligible expenses allowed under the Extreme Weather Grant funds. By submitting this Application & Agreement Form ("Agreement'), Applicant agrees to and accepts all terms and conditions listed in Attachment A and Attachment B. II. ADMINISTRATIVE REQUIREMENTS A. The Parties shall use the following to determine allowable cost principles: State Office of Financial Management (OFM) Regulations -State Administrative and Accounting Manual (SAAM); and the Local Government Budget and Accounting Reporting System (BARS). III. ELIGIBLE EXPENSES AND PRIORITIES ESTABLISHED BY LEGISLATURE Priorities for expenditure of Extreme Weather Grant funds have been established by both the state legislature and the DEPARTMENT: A. The purpose of Engrossed Substitute Senate Bill 5187 Sec. 148 (11) is for the DEPARTMENT to administer grants to local governments and federally recognized tribes for costs to respond to community needs during periods of extremely hot or cold weather or in situations of severe poor air quality from wildfire smoke. B. The DEPARTMENT has general authority to enter into agreements with political subdivisions per RCW 38.52.030 (9): "The director, subject to the direction and control of the governor, shall prepare and administer a state program for emergency assistance to individuals within the state who are victims of a natural, technological, or human -caused disaster, as defined by RCW 38.52.010 (13). Such program may be integrated into and coordinated with disaster assistance plans and programs of the federal government which provide to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of assistance to individuals affected by a disaster." IV. INELIGIBLE COSTS Costs not identified as Eligible or Approved Conditionally Eligible Cost under this Agreement are considered ineligible for reimbursement. Ineligible costs include the following: A. Bad Debts - any losses arising from uncollectible accounts and other claims and related costs. B. Contributions to a contingency reserve -any funds set aside by the Applicant to reimburse unanticipated expenses. Such reserves are not eligible for reimbursement. C. Depreciation - of facilities or equipment. D. Entertainment - amusements, social activities, and any related incidental costs, including meals, beverages, lodging, rentals, transportation, and gratuities. E. Fines and penalties - costs resulting from violations of, or failure to comply with, federal, state, or local laws. F. General expenses, beyond the statement of work, required to carry out overall government responsibilities - including the salaries and expenses of the chief executive and their staff. Governments include state, local, and federally recognized Indian tribal governments. This restriction does not include the portion of salaries and expenses by the chief executive and staff that are directly attributable to managing and administering Whatcom Disaster Recovery Grant funds. G. Illegal costs - costs incurred as a result of procurement practices not in compliance with state or federal procurement laws may be ineligible and not reimbursed at the sole discretion of the DEPARTMENT. H. Interest and other financial costs - interest on debt, bond discounts, cost of financing and refinancing operations, and legal and professional fees are ineligible, except when authorized by state law. I. Late / past due fees - incurred by failing to pay vendor invoices, permit fees, or to return items in a timely manner. J. Legal expenses - related to claims against the Department, and legal services furnished by the chief legal officer of the state, local, or Native American tribal government (or his/her staff) solely for the purpose of discharging his/her general responsibilities as legal officer. K. Legislative expenses - salaries and other expenses of members of the state Legislature or similar local governmental bodies (e.g., county boards), if incurred in the members' official capacity. L. Lobbying - expenses related to lobbying activities. M. Personal injury compensation - or damages arising from activities under this grant, whether determined by adjudication, arbitration, negotiation, or otherwise. V. BUDGET, REIMBURSEMENT, AND TIMELINE A. Within the total Grant Award Amount, travel, contracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis. B. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Award Amount. C. If reimbursement of travel or subsistence expenses are included as part of this Agreement, they shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Applicant is required to provide copies of receipts to the DEPARTMENT for any travel related expenses other than authorized meals and mileage. D. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the DEPARTMENT) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted along with DEPARTMENT required forms and application procedures for the Extreme Weather Grant. Reimbursement request totals should be commensurate to the time spent processing by the Applicant and the DEPARTMENT. E. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Applicant consistent with record retention requirements of this Agreement and be made available upon request by the DEPARTMENT, federal, state, and local auditors. F. All work under this Agreement must end on or before the Qualifying Disaster Incident End Date. The Application and Agreement Form, reimbursement request, and other required application documents must be submitted to the Department within sixty (30) days after the Qualifying Disaster Incident End Date, except as otherwise authorized by a written notification from the DEPARTMENT to the Applicant to provide additional time for completion of the Applicant's activities under this Agreement. G. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Applicant, its contractor, or any non -government entity to which the Applicant makes an award or payment and is invoiced by the vendor. H. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement will prohibit the Applicant from being reimbursed until such reports are submitted and the DEPARTMENT has had reasonable time to conduct its review. Applicant shall only use EWG funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non -state funds that have been budgeted for the same purpose. The Applicant may be required to demonstrate and document that the reduction in non - state resources occurred for reasons other than the receipt or expected receipt of state funds. VI. PAYMENT Approved payment by the DEPARTEMENT to the Applicant shall only be made as reimbursement for eligible expenses approved by the DEPARTMENT within the Qualifying Disaster Incident Period. Work started or expenses incurred prior to and/or not completed withing the Qualifying Disaster Incident Period will not be eligible for reimbursement. The Applicant shall not request payment in anticipation of expenditures not yet incurred. VII. THE APPLICANT AGREES TO: A. Use of Funding: The Applicant warrants that the award funds provided by the DEPARTMENT shall be used by the Applicant solely for reimbursement of those approved incurred eligible expenses as described in Engrossed Substitute Senate Bill 5187 Sec. 148 (11), incorporated herein, to fund Extreme Weather Shelter reimbursements. Reimbursement shall be made consistent with DEPARTMENT policies for eligible activities and costs under this grant. B. Duplication of Benefits: The Applicant shall establish clear sequence of delivery and make efforts to prevent any duplication of benefits of federal, other state agency, private insurance, or non-profit for extreme heat, cold, and poor air quality shelters. C. Compliance with Law: The Applicant will comply with all applicable state and federal laws. VI11. THE MILITARY DEPARTMENT AGREES TO: A. Within thirty (30) days of approval of signed, dated invoice vouchers (Form A-19), and upon satisfactory completion of tasks and documentation of costs, as required under this Agreement, the DEPARTMENT will reimburse the Applicant up to the maximum allowable grant amount, or actual cost, whichever is lower as authorized by this Agreement. B. If a question arises about the requested reimbursement, the Applicant will be notified via e-mail and/or telephone call and will have five (5) working days to provide the requested information. If information satisfactory to the DEPARTMENT has not been provided within that time, the expense in question will be subtracted and the balance of approved eligible incurred expenses will be processed for reimbursement. ATTACHMENT B GENERAL TERMS AND CONDITIONS 1) DEFINITIONS As used throughout this Application the following terms shall have the meanings set forth below: A. "DEPARTMENT" shall mean the Washington State Military DEPARTMENT (WMD). B. "Applicant" shall mean the named city, county or tribe performing extreme heat, cold, and poor air quality sheltering activities under this Application. It shall include any contractor retained by the Applicant as permitted under the terms of this Application. C. "Contractor" shall mean one, not in the employment of the Applicant, who is performing all or part of those services under this Application under a separate contract with the Applicant. D. "WAC" is defined and used herein to mean the Washington Administrative Code. E. "RCW" is defined and used herein to mean the Revised Code of Washington. 2) ACCESS TO PUBLIC RECORDS A. The Parties acknowledge that the DEPARTMENT is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used, or retained by the DEPARTMENT relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection or copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. B. The Applicant shall provide access to data generated under this Application to the DEPARTMENT and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Applicant's reports, including computer models and methodology for those models. C. Access to Data - State law prohibits state agencies from entering into agreements when the contractor could charge additional costs to the agency, the Joint Legislative Audit and Review Committee, or the Office of the State Auditor for access to data generated under the Application. Therefore, all such data will be provided at no additional expense. For the purposes of this requirement, "data" includes all information that supports the findings, conclusions, and recommendations of the contractor's reports, including computer models and methodology for those models. 3) ADVANCE PAYMENTS PROHIBITED No payments in advance or in anticipation of services or supplies to be provided under this Application shall be made by the DEPARTMENT. 4) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 et seq. (also referred to as the "ADA") and its implementing regulations at 28 CFR Part 35. The Applicant must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 5) ATTORNEY'S FEES Except as provided in the section entitled "Recapture Provisions", in the event of litigation or other action brought to enforce the terms of this Application or alternate dispute resolution process, each party agrees to bear its own attorney's fees and costs. 6) COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND DEPARTMENT POLICIES The Applicant shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, and/or policies. This obligation includes, but is not limited to, nondiscrimination laws and/or policies; the ADA; ethics in laws and policies; Public Disclosure (RCW 42.56); and safety and health regulations. In the event of the Applicant's noncompliance or refusal to comply with any applicable law, regulation, executive order, or policy, the DEPARTMENT may rescind, cancel, or terminate the Application whole or in part in its sole discretion. The Applicant is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order, or policy. 7) APPLICANT'S EMPLOYEES NOT EMPLOYEES OF DEPARTMENT The Applicant and/or employees, contractors, or agents performing under this Application, are not employees or agents of the DEPARTMENT in any manner whatsoever. The Applicant will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington for any reason, nor will the Applicant make any claim, demand, or application to or for any right, privilege, or benefit applicable to an officer or employee of the DEPARTMENT or of the State of Washington, including, but not limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege, or benefit which would accrue to a civil service employee under RCW 41.06. It is understood that if the Applicant is another state agency, the officers and employees are employed by the State of Washington in their own right. 8) DISCLOSURE The use or disclosure by any Party of any information concerning the DEPARTMENT, or its Extreme Weather Grant funds and program, for any purpose not directly connected with the administration of the DEPARTMENT's or the Applicant's responsibilities with respect to services provided under this Application is prohibited except by prior written consent of the DEPARTMENT or as required to comply with RCW 42.56, the Public Records Act, or court order. 9) DISPUTES Except as otherwise provided in this Application, when a bona fide dispute arises between the Parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The Parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the Applicant, and a third party mutually agreed upon by both Parties. The team shall, by majority vote, resolve the dispute. The Parties agree that this dispute process shall be final and there will be no appeal of the decision. 10) GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston County. The Applicant, by execution of this Agreement, acknowledges the jurisdiction of the courts of Washington in this matter. 11) HOLD HARMLESS The Applicant agrees to defend, hold harmless, and indemnify the State of Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all damages or claims from damages resulting or allegedly resulting from the Applicant's performance or activities hereunder, including the performance of any contractor(s). 12) INSURANCE, INDUSTRIAL COVERAGE Prior to performing work under this Agreement, the Applicant shall provide industrial insurance coverage for the Applicant's employees, as may be required by Title 51 RCW. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for a consultant or any subcontractor or employee of the Applicant, which may arise during the performance of services under this Agreement. Before the start of any work required by this Agreement, the Applicant shall deliver to the DEPARTMENT certificates of insurance reflecting that the Applicant has obtained any insurance coverage required by this section. 13) INSURANCE, GENERAL COVERAGE The DEPARTMENT and its officers, employees, and agents, while acting in good faith within the scope of their official duties, are covered by the State of Washington Self -Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against the DEPARTMENT and its employees, officers, and agents in the performance of their official duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. Applicant hereby notifies the DEPARTMENT that Applicant has full loss coverage for itself, its officers, employees, and agents, through self-insurance and/or the purchase of insurance. Upon the DEPARTMENT's request, Applicant will provide the DEPARTMENT with details of its self -insured retention, proof of its additional insurance, and all loss coverage. This program of self-insurance and/or purchased insurance includes general liability, automobile liability, workers compensation, and employers' liability. 14) LIABILITY To the extent permitted by applicable law, each party to this Agreement shall be responsible for injury or death to persons and damage to property resulting from negligence on the part of itself, its employees, agents, officers, contractors, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 15) LIMITATION OF AUTHORITY Only the assigned Authorized Signature for the DEPARTMENT or an assigned delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the authorized person. 16) LOSS OF FUNDING In the event funding from state sources is withdrawn, reduced, or limited in any way after the effective date of the Agreement, the DEPARTMENT may suspend or terminate, or renegotiate the Agreement, without cause under the "Termination" clause and without the thirty (30) day notice requirement. 17) NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, nor the work to be provided under this Agreement, and any claim arising thereunder, shall be assigned or delegated by either party, in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 18) NONDISCRIMINATION By submitting all application requirements, the Applicant shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: A. Nondiscrimination in Employment: The Applicant shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin, citizenship or immigration status, family with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of trained dog guide or service animal by a person with a disability. This requirement does not apply, however, to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. B. The Applicant shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, creed, color, national origin, citizenship or immigration status, family with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of trained dog guide or service animal by a person with a disability. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. 19) RECAPTURE PROVISION In the event the Applicant fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall _exist for the life of the project following Agreement termination. Repayment by the Agreement of funds under this recapture provision shall occur within thirty (30) days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees, from the Applicant. 20) RECORDS, MONITORING, AND AUDIT ACCESS A. The Applicant shall perform under the terms of the Agreement and the DEPARTMENT may conduct reasonable and necessary monitoring of this grant. B. To permit such monitoring, the Applicant shall maintain books, records, documents, and other evidence, and accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the DEPARTMENT, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or agreement. C. The Applicant will retain all books, records, documents, and other materials relevant to this Agreement for six (6) years from the date final payment is made hereunder and make them available for inspection by persons authorized under this provision. D. The DEPARTMENT or the State Auditor or any of their representatives and federal officials so authorized by law, rule, regulation, or agreement shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all of the Applicant's records with respect to all matters covered in this Agreement. Such rights last for six (6) years from the date final payment is made hereunder. E. The Applicant shall cooperate with and freely participate in any monitoring, audit or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this Agreement. 21) SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 22) CONTRACTING The Applicant shall comply with all applicable procurement laws, rules, and requirements. This will include the use of a competitive procurement process in the award of any contracts with its contractors and sub -contractors that are entered into under this Agreement. All contracting and sub -contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. 23) TERMINATION A. If, through any cause, the Applicant or its contractors or sub -contractors shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Applicant or its contractors or sub- contractors shall violate any of its covenants; agreements, or stipulations of this Agreement, the DEPARTMENT shall thereupon have the right to terminate this Agreement and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the Applicant describing such default or violation. B. Notwithstanding any provisions of this Agreement, either party may terminate this Agreement without cause by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. If this Agreement is so terminated, the DEPARTMENT shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. Upon notice of such termination, the DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, and prohibit the Applicant from incurring additional obligations of funds. C. Reimbursement for eligible expenses incurred by the Applicant prior to the effective date of such termination shall be as the DEPARTMENT reasonably determines. D. The DEPARTMENT may unilaterally terminate or suspend all or part of this Agreement without cause, or may reduce its statement of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Agreement. 24) TRAVEL AND SUBSISTENCE REIMBURSEMENT If reimbursement of travel or subsistence expenses are included as part of this Agreement, they shall be paid in accordance with rates set pursuant to RCW 43.03.0.50 and RCW 43.03.060 as now existing or amended. The Applicant is required to provide to the DEPARTMENT copies of receipts for any travel related expenses other than meals and mileage that are authorized under this Agreement. 25) TREATMENT OF ASSETS Upon successful completion of the terms of this Agreement, all assets, including equipment, purchased through this Agreement will be owned by the Applicant unless otherwise specified by the funding source. The Applicant shall be responsible for any and all operation and maintenance expenses and for the safe operation of said equipment including all questions of liability. 26) WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the Director or Contracts Administrator and attached to the original Agreement. Please upload a signed copy of this Agreement through your online application for the Extreme Weather Response Grant. If your application is approved, you will receive an official notice that you are eligible to submit reimbursement requests for each qualifying event during the performance period of this grant from July 1, 2024 — June 30, 2024. Approved applicants with signed Agreement forms must meet the requirements listed below to be eligible for reimbursement. For each reimbursement request submitted, you will receive an official award letter that includes your award amount. IMPORTANT NOTE: Reimbursement is not guaranteed and is contingent upon the availability of funds. Funding will be provided to all qualifying applicants on a first -come, first -served basis until the allocated funds are exhausted. Reimbursement decisions, including full, partial, or no reimbursement, are at the discretion of WMD and dependent on the remaining funding. An applicant is eligible to submit a reimbursement packet if the following steps are completed: • Meet Extreme Weather Event Criteria — For an event to qualify under this grant, jurisdiction must experience and/or have the following in place: 1. An Extreme Weather Event existed in jurisdiction. • Extreme Heat, Extreme Cold and/or unhealthy Air Quality 2. Sheltering is needed to meet health recommendation levels established by the Regional and/or Local/Tribal Public Health or other decision -making officials. • Local/Tribal determination of temperature levels for heating and cooling sheltering requirements. • Air Quality level for Wildfire smoke shelters. AND/OR If no local guidelines are in place, the following criteria will be used: ■ A National Weather Service Advisories level of "Warning" for extreme heat and extreme cold will be used to determine eligibility. • "Unhealthy for All" category of AirNow Air Quality Index (or Air Quality Index value of 151 or higher) due to wildfire smoke. • Send notice of shelter periods — Approved applicants must notify WMD/EMD Human Services of shelter operating periods for a qualifying Extreme Weather event within 15 days after the shelter closing date by sending an email to humanservicesarants(a-)mil.wa.acv. • Notice should include the criteria met by the qualifying weather event, along with the start and end date period of the shelter operations and estimated incurred costs if available. • You will receive a response letter from WMD that includes information on funding availability, and whether your request will receive full, partial, or no reimbursement for your shelter costs based on your cost estimates. • Incur Costs — Approved applicants must prepare supporting documents to show incurred eligible costs as described in this Grant Program Plan for the benefit of vulnerable populations. • Submit Reimbursement Request — Approved applicant must submit their Reimbursement Request Packet online within 90 days after the end of sheltering operations in response to the qualifying extreme weather event. Packet must include: o A19-1A Invoice Voucher. o Detailed Accounting/Expenditure Reports showing payments made for shelter costs incurred. o Copies of invoice payments or receipts supporting expenditure reports. o Any other documentation that supports the legitimacy of the expenditures such as, but not limited to, contracts, credit card statements, internal logs, or spreadsheets. WMD will process payment of request within 30 days of receiving the reimbursement request. All reimbursement requests must be submitted by July 10, 2025, to meet end of state fiscal year agency close-out timelines. All requests must be submitted on or before this deadline to be eligible for reimbursement. Approved applicants are encouraged to submit their requests as early as possible to allow ample time for review and processing. NOTE: If city or town application is approved, a courtesy notice will be sent to your county emergency management for their awareness of your application. The purpose of notifying county emergency management about city or town applications is to ensure that they are aware of grant activities within their jurisdiction. This notification serves as a courtesy notice to keep the county informed about the projects and,funding being pursued under the Extreme Weather Response Grant Program. We do not expect any actions or interventions from the county; rather, this is simply to maintain transparency and enhance communication. By keeping the county emergency management aware of these activities, we aim to foster better coordination and understanding of the efforts being undertaken to support our communities during extreme weather events. By completing and submitting this Agreement form and the Online Application Form, Applicant acknowledges and accepts terms of this Agreement and the Grant Program Plan referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. Completed by: Signature: First & Last Name: Job Title: Date Completed: Email Address & Phone: Authorizing Personnel of Applicant: Signature: First & Last Name: Job Title: Date Completed: COUNCIL MEETING DATE: September 3, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED 2022-2024 COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL UNION NO. 117 REPRESENTING THE LIEUTENANTS POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with Teamsters Local Union No. 117 representing the Lieutenants? COMMITTEE: N/A CATEGORY: ❑ Consent ® City Council Business STAFF REPORT BY: Vanessa ❑ Ordinance ❑ Resolution Human Resources Director MEETING DATE: N/A ❑ Public Hearing ❑ Other DEPT: Human Resources Attachments: 1. Staff Report 2. Proposed 2022-2024 Collective Bargaining Agreement with Teamsters Local Union No. 117 representing the Lieutenants Options Considered: 1. Approve the proposed Collective Bargaining Agreement. 2. Reject the proposed Collective Bargaining Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A DIRECTOR APPROVAL: Committee qouncil Inii Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2022-2024 Collective Bargaining Agreement with Teamsters Local Union No. 117 representing the Lieutenants, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY HUMAN RESOURCES DEPARTMENT Memorandum Date: September 3, 2024 To: City Council Members r' From: Vanessa Audett, Human Resources Director Subject: 2022-2024 Teamsters Local Union No. 117 representing the Lieutenants Collective Bargaining Agreement The contract presented conforms with authority and instructions previously provided by Council to the City's negotiating team. Financial Impacts — Wages & Benefits: Actual Proposed 2022 $1.60MM $1.74MM 2023 $1.90MM $2.11 MM 2024 $2.20MM $2.54MM Total 3-Year Increase to Wages & Benefits: $686,636 Wage increases include: = 2022 Implementation of a 4-Step Market -Based Wage Scale • 4 % COLA adjustment in 2023 and 2024 Background Information: The previous collective bargaining agreement expired December 31, 2021, and negotiations for a new contract began in the fall of that year. After months of collective bargaining, the parties were unable to reach a tentative agreement on wages and agreed to enter mediation through the Public Employment Relations Commission (PERC). However, turnover within the bargaining teams and at PERC delayed and extended the mediation process. In 2023, the bargaining unit voted against the mediator's recommended settlement. With negotiations at an impasse, the contract was scheduled for resolution through interest arbitration in August 2024. However, just before arbitration, the parties reached a tentative agreement, which was subsequently ratified 'by the bargaining unit and is presented to the Council for authorization. Mayor's Recommendation: Approve the proposed CBA with Teamsters Local Union No. 117 representing the Lieutenants. AGREEMENT By and netween TEAMSTERS LOCAL UNION NO. 117 Affiliated With The International Brotherhood of Teamsters Representing the Lientenaiits And CITY OF FEDERAL WAY Term of Agreenvent January 1, 2022 - December 31, 2024 Page 1 Table of Contents ARTICLE 1: UNION RECOGNITION AND MEMBERSHIP.....................................1 Section1. Recognition........................................................................................1 Section 2. Union Membership.............................................................................1 Section3. Dues Deduction..................................................................................1 Section 4. List of Employees...............................................................................1 Section 5. Hold Harmless....................................................................................2 ARTICLE 2: MANAGEMENT RESPONSIBILITIES.................................................2 ARTICLE 3: HOLIDAYS..........................................................................................3 Section 1. Observed Holidays.............................................................................3 Section 2. Work on Holidays............................................................................... 5 Section 3. Use of Banked Holiday Hours............................................................ 5 ARTICLE 4: VACATION ..................... .....................................................................5 Section 1. Vacation Accrual................................................................................5 Section2. Accrual...............................................................................................6 Section 3. Vacation Increments..........................................................................6 Section 4. Payment Upon Death.........................................................................6 Section 5. Forfeiture of Vacation ........6 Section 6. Vacation Scheduling..................................... ..................................... 7 Section 7. Vacation Cash Out.............................................................................7 ARTICLE 5: SICK LEAVE.......................................................................................7 Section1. LEOFF...............................................................................................7 Section 2. Sick Leave Usage..............................................................................7 Section 3. Washington Paid Sick Leave..............................................................8 Accrual.............................................................................................. 9 CarryForward................................................................................... 9 Verification of Absences Exceeding Three Days .............................. 9 Reinstatement of Employment..........................................................9 Retaliation Prohibited.........................................................................9 Section 4. Sick Leave Payment at Time of Retirement.......................................9 Section 5. Industrial Insurance Leave...............................................................10 Section 6. Family Care and Death....................................................................10 Bereavement Leave........................................................................10 Family Care Leave ........................................ 11 ImmediateFamily...........................................................................11 Section 7. Statement of Physician....................................................................11 Section 8. Fitness for Duty................................................................................11 Section 9. Federal Way Community Center Membership.................................11 Section10. FMLA Leave.....................................................................................11 Section 11. Domestic Partner Requirements.......................................................11 Section 12. Domestic Partner Benefits................................................................12 Section 13. Alternate Duty/Early Return to Work................................................12 ARTICLE 6: WAGE RATES...........................:........................................................12 Section1. Wages..............................................................................................12 Section 2. Supervisory Training Incentive.........................................................13 Section 3. On -Call Pay ...................................... .................A 3 Section 4, Extra -Duty Pay.................................................................................13 Section 5. Non-Pyramiding...............................................................................13 ARTICLE 7: HOURS OF WORK.............................................................................13 Section 1. Work Shifts.......................................................................................13 Section 2. Shift Bidding.....................................................................................14 Section 3. Specialty Assignments.....................................................................14 Section 4. Shift Trades......................................................................................14 Section 5. Out of Class.....................................................................................15 Section6. On-Call.............................................................................................15 Section 7. Rotating Schedule.......................................................................__15 ARTICLE 8: OVERTIME.........................................................................................15 Section1. Definition..........................................................................................15 Section 2. Supervision............................................................... 15 Section3. Callback ............................. .............................................................. 16 Section 4. 7(K) Exemption......................................................... ...................16 Section 5. FLSA Provisions...............................................................................17 ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS..............17 Section 1. Health Plan.......................................................................................17 Section 2. Supplemental Disability Insurance....................................................18 Section 3. HRA VEBA Plan...............................................................................18 Section 4. Teamsters Retirees' Welfare Trust.................................................188 Section 5. Maintenance of Benefits.................................................................188 ARTICLE 10: MISCELLANEOUS.............................................................................19 Section 1. Take Home Cars...............................................................................19 Section 2. Auto Reimbursement.......................................................................20 Section 3. Appearances....................................................................................20 Section 4. Union Negotiating Committee.... ...................................................... 20 Section 5. Union Business................................................................................20 Section 6. Bulletin Boards.................................................................................21 Section 7. Damage of Personal Effects.............................................................21 Section 8. Personnel Files................................................................................21 Section 9. Uniforms and Equipment .............................................. .................... 21 Dry-Cleaning................................................................................... 21 Annual Allowance...........................................................................21 Section10. Jury Duty..........................................................................................23 Section 11. Defense and Indemnification............................................................23 Section 12. Service Leave...................................................................................23 ARTICLE 11: PROHIBITED PRACTICES.— ........................ ....... .......................... 23 ARTICLE 12: REDUCTION-IN-FORCE...................................................................24 Section1. Layoff..................................,.............................................................24 Section2. Recall...............................................................................................24 ARTICLE 13: DISCIPLINARY INVESTIGATIONS...................................................24 Section 1. Disciplinary Standards.....................................................................24 Section 2. Disciplinary Investigations................................................................24 ARTICLE 14: GRIEVANCE PROCEDURE.............................................................25 Section 1. Grievance Procedure Steps............................................................. 25 Section 2. Arbitration Panel...............................................................................27 Section 3. Time Limits.......................................................................................27 Section 4. Multiple Procedures.........................................................................28 Section 5. Submission.......................................................................................28 Section 6. Just Cause Standard........................................................................28 Section 7. Probationary Period.........................................................................28 Section 8. Parties to the Agreement.................................................................28 ARTICLE 15: NONDISCRIMINATION.....................................................................28 ARTICLE 16: DRUG TESTING................................................................................29 Reasonable Suspicion....................................................................30 Under the Influence ............................................ .....................30 IllegalDrugs.............................................................................. ...30 Over -the -Counter Drugs ............................................................... 30 Prescription Drugs........................................................................... 30 ConfirmatoryTest...........................................................................31 ARTICLE 17: SENIORITY.....................................................................................32 ARTICLE 18: SAVINGS CLAUSE...........................................................................32 ARTICLE 19: WAIVER CLAUSE.............................................................................33 ARTICLE 20: DURATION........................................................................................33 APPENDIXA..........................................................................................................34 WAGES.........................................................................................................34 DEFERRED COMPENSATION:...........................................................................34 PREAMBLE: Teamsters Local Union No. 117 ("Union") and the City of Federal Way ("City") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1: UNION RECOGNITION AND MEMBERSHIP Section 1. Recognition The City recognizes the Union as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Union Membership All employees whose classification or job title is included in Article 1, Section 1 of this Agreement may voluntarily join the Union as a member. Section 3. Dues Deduction Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues and fees as certified by the Union and shall transmit the same to the Union within five business days of the issuance of pay checks. Such authorization shall be terminable upon the employee providing both the City and the Union 30 days' written notice. Section 4. Voluntary Deductions The City agrees to deduct from the wages of any employee who is a member of the Union a Teamsters Legal Defense Fund deduction as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the City and the Union. The beginning and/or termination of this deduction will coincide with the payroll cycle. The City agrees to remit any deductions made pursuant to this provision to the Union together with a report showing: 1. Employee name 2. Personnel number 3. Amount deducted The parties agree this Section satisfies the City's obligations and provides for the deduction authorized under Section 1(6) of RCW 41.04.230. Section 5. List of Employees The City will transmit to the Union a current listing of all employees in the bargaining CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 11 unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. Section 6. Hold Harmless The Union will indemnify and save the City harmless from all suits, actions, and claims against the City or persons acting on behalf of the City whether for damages, compensation or a combination thereof, arising out of the City's faithful compliance with the terms of this Article. In the event of any suit or proceeding brought to invalidate this Article, the Union will actively defend the suit or action. However, in the event any determination is made by the highest court having jurisdiction that this Article is invalid, the Union shall be. solely responsible for any reimbursement. ARTICLE 2: MANAGEMENT RESPONSIBILITIES Section 1. The Union recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Union recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, suspend, and discharge non -probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. to demote probationary employees for any reason. Employees who are demoted before completing their probationary period CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 12 shall not have access to the grievance procedures of this Agreement to protest or challenge the demotion, or the reasons therefor. C. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d, to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. 11. The City has the right to make work assignments, including moving work from the Guild unit into this unit, and work from this unit into the Guild unit. Section 3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Union at least ten (10) days' notice of the desired change. The Union may request bargaining of the issue, and the City thereafter will meet with the Union in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator. If mediation is unsuccessful within thirty (30) after a mediator is assigned, the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. ARTICLE 3: HOLIDAYS Section 1. Observed Holidays On January 1st each year, the City shall bank (provide) one hundred and twelve hours of holiday pay for each bargaining unit employee for the following observed holidays: CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 13 Commonly Called First day of January New Year's Day Third Monday of January Martin Luther King Day Third Monday of February President's Da Last Monday of May 19th Day of June Memorial Day Juneteenth Fourth day of July Independence Da First Monday of September Labor Da 11th Day of November Veteran's Da Fourth Thursday of November Thanksgiving Day Friday following the fourth Thursday in November Day after Thanksgiving 25th day of December Christmas Day 3 Floating Holidays The Union will work with the City to minimize any overtime impact of the additional holiday time being used before year end. For employees hired after January 1 st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1 st, sixty-four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours). If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1 st of that year. In addition to the one hundred and twelve (112) banked holiday hours, the City shall also provide 22 holiday hours (total of 134 hours in the holiday bank) which will not be prorated, but will be a lump sum added at the beginning of the calendar year or upon commencement of employment. If hired before July 1, the employee will receive the additional twenty-two (22) hours upon commencement of employment. However, if hired on or after July 1, the employee will receive only eleven (11) hours upon commencement of employment. The three (3) floating holidays are banked on January 1st of each year, provided that CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 14 the City shall not be requested to bank hours for floating holidays for any employee hired on or after July 1st during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or chased out if an employee permanently leaves the service of the employer. Section 2. Work on Holidays The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, New Year's Day shall be paid at time and one half for each hour worked. Employees working on Independence Day shall be paid at double time for each hour worked. Section 3. Use of Banked Holiday Hours All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two (2) hours and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of their banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: a. the employee makes a reasonable effort to use their banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by their supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or b. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Union with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. ARTICLE 4: VACATION Section 1. Vacation Accrual Union members shall accrue vacation benefits while in pay status, based upon their years with the city, as indicated in the following table: CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 15 Full Years of Service Annual Leave in Hours Through end of Year 5 1 96 Upon beainnina of Year 6 1 132 Upon beainnina of Year 11 1 150 Upon beginning of Year 16 1 180 Upon beainnina of Year 21 1 204 Upon beginning of Year 26 220 In the event the city agrees to a more favorable schedule with the Police Guild the Union may, upon notice to the City, have such schedule made applicable to lieutenants as well. Section 2. Accrual Employees shall accrue vacation benefits on a semi-monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect their normally scheduled work week. Section 3. Vacation Increments Vacation may be used in two (2) hour increments at the discretion of the Chief or their appointed designee. Section 4. Payment Upon Death In cases of separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. rate. Section S. Forfeiture of Vacation The maximum total vacation accrual is two times the employee's annual accrual All employees shall use all of their excess vacation accrual prior to December CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 16 31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the Department and the City Manager, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Any employee who voluntarily leaves the department and does not give the City two weeks' notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 6. Vacation Scheduling If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 7. Vacation Cash Out Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. ARTICLE 5: SICK LEAVE Section 1. LEOFF Sick leave benefits are accrued_ by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments in accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1,040 hours. Section 2. Sick Leave Usage Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or the serious injury or illness of an child of the employee with a health condition that requires treatment or supervision, or for a spouse, domestic partner, parent, parent -in-law, or grandparent of the employee CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 17 who has a serious health condition or an emergency condition as more particularly established in Chapter 296-130 of the Washington Administrative Code (WAC). Sick leave benefits may be used in one half-hour increments. Section 3. Washin ton Paid Sick Leave Pursuant to Chapter. 296-128-600 through 296-128-770 of the Washington Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is available to Union members to care for their health and the health of their family members. Washington Paid Sick Leave may be used for: an employee's mental or physical illness, injury or health condition; preventive care such as medical, dental or optical appointments and/or treatment; care of a family member with an illness, injury health condition and/or preventive care such as a medical, dental, optical appointment; closure of the employee's place of business or child's school/place of care by order of a public official for any health -related reasons; and when the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or stalking includes: seeking legal or law enforcement assistance or remedies to ensure the health and safety of employee's and their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking; attending health care treatment for a victim who is the employee's family member; obtaining, or assisting the employee's family member(s) in obtaining, services from a domestic violence shelter, a rape crisis center, or a social services program for relief from domestic violence, sexual assault or stalking; obtaining, or assisting a .family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault or stalking; and, participating, for the employee or for the employee's family member(s), in safety planning, or temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. For purposes of Washington Paid Sick Leave, "family member" is defined as: a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis or legal guardian, or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse, domestic partner, grandparent, grandchild or sibling. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 18 Accrual As established by law, an employee shall accrue one (1) hour of Washington Paid Sick Leave for every forty (40) hours worked. Washington Paid Sick Leave will accrue in conjunction with regular sick leave according to the collective bargaining agreement. Carry Forward_ The total sick leave hours that will be carried forward at year-end, for both standard sick leave and Washington Paid Sick Leave, will be one thousand eighty (1,080) hours. This will include a maximum of forty (40) hours of Washington Paid Sick Leave as provided by law. If an employee is not at the maximum carry forward of one thousand eighty (1,080) hours, any hours of Washington Paid Sick Leave in excess of the forty (40) hour carry forward amount will be transferred to the City sick leave bank, so that the employee does not lose hours that they previously would have banked prior to the establishment of Washington Paid Sick Leave. In no case will more than a combined total of one thousand eighty (1,080) hours be carried forward. Verification of Absences Exceeding Three Days If an employee is seeking to use or has used Washington paid Sick Leave for authorized purposes or more than three (3) consecutive days during which the employee is/was required to work, the employee may be required to provide documentation that establishes or confirms that the use of paid sick leave is for an authorized purpose. Reinstatement of Employment Employees separating or retiring from employment will not be provided with financial or other reimbursement for unused, accrued Washington State Paid Sick Leave. If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank. Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty (40) hours carry over provided that the employee had forty (40) or more hours banked upon separation. Retaliation Prohibited Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is prohibited. Employees will not be disciplined for the lawful use of Washington Paid Sick Leave. Section 4. Sick Leave Payment at Time of Retirement a. LEOFF Retirement. Upon retirement into LEOFF II, the City agrees to pay twenty-five percent (25%) of an employee's unused accrued sick leave hours and unused accrued Washington paid Sick Leave hours at the employee's current hourly rate with a cap of two hundred seventy (270) hours. See HRA VEBA Article 9, Section 4b. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 19 b. Death in the Line of Duty. The City agrees to pay one hundred percent (100%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate when death occurs in the line of duty. Section 5. Industrial Insurance Leave If the state grants industrial insurance benefits, the Lieutenant will remain fully compensated under the City's "kept on salary" program ("Program"). The Program will continue the full salary, excluding extra -duty overtime, without deducting any leave for thirty (30) days. In the event the Lieutenant cannot return to work on the thirty-first (31 st) day, the Lieutenant would become eligible for time loss. Unless otherwise required by State law, the procedure for workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Lieutenants cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment". Lieutenants must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, a Lieutenant can only "buy back" a percentage of the leave used with that money, however, the Lieutenant will not suffer the income loss that occurs when they only receive worker's compensation benefits. When an employee receives a worker's compensation time loss check, they should turn the check over to payroll. Based upon the Lieutenant's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the Lieutenant when all available sick leave and/or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until they are able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six 6) months while a Lieutenant is on "kept on salary" and subsequently receiving workers' compensation time loss payment. A Lieutenant who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the Lieutenant is able to resume their job duties, or specifying limits on duties which can be performed. Section 6. Family Care and Death a. Bereavement Leave Regular, full-time employees shall be entitled to three (3) days (30 hours) of bereavement leave due to death of a member of the employee's immediate family or domestic partner. Regular, full-time CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 110 employees, who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to three (3) days (30 hours) when death occurs to a member of the employee's immediate family or domestic partner. Upon approval by the Chief of Police, an additional twenty (20) hours of sick leave may be used by the employee when death occurs to a member of the employee's immediate family or domestic partner. b. Family Care Leave Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. C. Immediate Family Immediate family is defined as the employee's parent, spouse or domestic partner, children, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents, grandchildren, aunt, uncle, and step -relations equivalent to those listed. As its option, the Chief of Police may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. Section 7. Statement of Physician The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that a lieutenant has been released to return to duty, and for FMLA related compliance. Section 8. Fitness for Duty The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job. Section 9. Federal Way Community Center Membership Union members will be eligible to participate in the Federal Way Community Center's employee discount program as outlined in the Employee Guidelines. Section 10. FMLA Leave For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based upon a rolling twelve (12) month period. Section 11. Domestic Partner Requirements In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 111 a. Not related by blood closer than would bar marriage in Washington State. b. Not married to another or in any other domestic/civil partnership. C. 18 years of age. d. Competent to contract when the domestic partnership began. e. Declare each other's sole domestic partner. f. Currently share primary residence/mutual support/intend indefinitely. g. Have an intimate, committed, and exclusive relationship. h. Of the same sex and/or opposite sex and responsible for each other's common welfare. Section 12. Domestic Partner Benefits A person whom a Lieutenant identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be provided the same consideration as an employee's "spouse" for purposes of this agreement. Section 13. Alternate Duty/Early Return to Work The City recognizes the value of trained lieutenants and, therefore, offers the Alternate Duty/Early Return to Work Program in accordance with the Employee Guidelines to all injured employees, whether injured on -duty or off. The City will work in good faith with the attending physician to return the employee to work as soon as possible or to provide alternative work for a maximum of six months. If, at the expiration of the six months, the attending physician determines that the employee will be able to perform the essential functions or duties of the job within a reasonable time period, the City will continue to work with the lieutenant to provide reasonable accommodation. ARTICLE 6: WAGE RATES Section 1. Wages The wage adjustments for 2022 are retroactive to January 1, 2022, and apply to currently employed Lieutenants as of ratification. Wage rate shall be as specified in Appendix A. (Historical Commentary: The parties recognize the wage differential is changed to a market -based wage structure in this Agreement. Historically, the previous agreements maintained a twenty-two percent (22%) wage differential between the top -step Police Officer wage and the bottom -step Police Lieutenant wage. The purpose of the historic CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 112 wage differential was to provide stability and avoid potential compression.) Section 2. Supervisory Training Incentive A lieutenant will receive a one-time payment of $250 upon completion of the first level supervisory certificate. A lieutenant will be eligible to receive an additional one-time payment of $250 upon completion of 72 hours of approved elective supervisory and management classes taken within a three-year period. If a lieutenant makes a good faith effort to meet the goal during the three-year period, but is unable to do so as a result of reasonable training requests being denied (funding, for operational reasons, etc.) the time period for obtaining the additional hours will be extended one year. Section 3. Specialty Pay Effective the first pay period following ratification of the Agreement, lieutenants assigned to the Criminal Investigations Section, the Traffic/MATT Unit, SWAT/HNT/CNT and the Bomb Unit shall receive an additional five (5) percent of the top step wage rate per month as on call pay. The higher percentage rate is due to the more frequent rotation. Section 4. Extra -Duty Pay Field Training Officer Program (FTO) Lieutenant shall receive five (5) percent pay as the program administrator. When there are two (2) or more student officers in the FTO program, a second FTO lieutenant is activated and receives 3% extra -duty pay. When there are seven (7) or more student officers in the FTO program, a third FTO lieutenant is activated and receives 3% extra -duty pay. The lieutenant assigned as the program administrator for the Force Training Unit shall receive an additional five (5) percent of the top step wage rate per month. Section 5. Nan -Pyramiding On -call pay and/or extra duty pay shall not be duplicated or pyramided. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts a. (i) The Patrol Division Lieutenants will continue to work a 4/10 schedule. Shift starting hours will be determined from time to time by the City. There will be one Lieutenant assigned to each patrol squad. a. (ii) Detective Lieutenants will work a 4/10 schedule with either Mondays or Fridays off. In. the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of Detective Lieutenants to minimize overtime expenses to the City. Normal work hours will be from 0700-1700. Detective Lieutenants will CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 113 be authorized to work a traditional 5/8 schedule upon request. Except for the rotating on -call detective assignment, if the City determines to have individual schedules for detectives that do not have weekends off, the City will initially request volunteers and then make the assignment by inverse seniority if there are insufficient volunteers. Lieutenants will continue to flex their time when reasonably possible so as to minimize overtime. a. (iii) The Traffic, Contract Services, and Administrative Lieutenants will work a 4/10 schedule. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of these Lieutenants to minimize overtime expenses to the City. These Lieutenants will be authorized to work a traditional 5/8 schedule upon request. b. Reopener The parties agree that the City may reopen the issue of shift scheduling with the Union. Any such bargaining will be handled on an expedited basis. After 60 days, either party may request a mediator from the PERC. The parties agree to waive the arbitration panel and agree to select a single arbitrator in accordance with the PERC procedure, and to cooperate in expediting the arbitration procedure. C. The normal workday shall be inclusive of the thirty -minute lunch period for all members of the bargaining unit. Lieutenants in investigations will flex their schedules so as to minimize the impact on the City. Section 2. Shift Bidding - Lieutenants assigned to the patrol function will bid annually for their work shift and days off based upon'their seniority. The bid will be conducted electronically through Department email. It will be open for seven days. After all bids are submitted the Union may waive the 7-day requirement. The City may move a lieutenant during the year, or after reviewing the bid results, based upon reasonable necessity. A reasonable necessity would involve a change made by the City due to legal concerns. In the event the change will be for more than four (4) months, the Union may request a rebid of positions. Section 3. Specialty Assignments The assignment of employees to specialty units shall be made by the City. Section 4. Shift Trades With management approval, shift trades may be made, upon request of the employee. Under no circumstances will a shift trade result in the payment of contractual overtime, or have any other additional cost to the City. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 114 Section 5. Out of Class A lieutenant assigned by the City to perform work out of class (i.e.- as a commander) will receive a ten percent (10%) increase for those hours spent as performing those duties. Section 6. On -Call Employees who are on -call pursuant to an on -call schedule authorized by this section shall carry a City provided pager or be reachable by telephone, and shall generally respond within one (1) hour. Employees who are on -call shall also be provided a City vehicle for commute purposes during all periods that the employee is subject to call-back. Section 7. Rotating Schedule Lieutenants assigned to the Criminal Investigations Sections may be placed on a rotating, on -call schedule. The schedule and procedures for assigning lieutenants to on -call duties will be consistent with current practice. ARTICLE 8: OVERTIME Section 1. Definition Any time worked in excess of the assigned shift shall be paid at the overtime pay rate. Except in emergency situations, Department approval is required before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the employee's regular hourly rate of pay. Overtime shall be accrued in increments of one -quarter hour, with the major portion of one -quarter hour to be paid as one -quarter hour. a. Compensatory time may be accrued by an employee at the time and one-half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of eighty (80) hours. The accrual of compensatory time is contingent on approval by the City. b. Compensatory time off shall be used in accordance with the provisions of the Fair Labor Standards Act and the case law decided there under, including Mortensen v. County of Sacramento. Section 2. Supervision A. In the absence of a patrol lieutenant for a shift, the supervision of that patrol squad will be assigned in this priority, based on the conditions described: 1. When a field operations specialty lieutenant is on duty, that lieutenant will be assigned to supervise the patrol squad, if available. 2. When there is no field operations lieutenant available, supervision may be conducted by another lieutenant on overtime. When there is CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 115 sufficient advance notice that an absence under these conditions will occur, an announcement will be sent to all lieutenants via department email seeking a lieutenant to volunteer for the overtime. a. Generally, the supervision will be granted first come, first served. 3. If no lieutenant volunteers to fill an overtime vacancy, a corporal may be used to supervise the squad. B. Time off requests will not be denied solely due to a commander not being on duty. Section 3. Callback Any employee called back after finishing their regular shift, or called to report on their day off for any reason (including being called into court on matters arising directly from the lieutenant's employment as a police lieutenant), shall be guaranteed three (3) hours pay at one and one-half (1-1/2) times their regular straight -time hourly rate of pay. If the assignments require time over the three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of one and one-half (1-1/2) times their regular straight -time hourly rate of pay. a. When a lieutenant is called back to work within a three (3) hour period immediately preceding their regular shift, they shall be entitled to pay at one and one-half (1-1/2) times their regular straight -time hourly rate of pay from the time of appearance to the time their regularly scheduled shift begins, whatever that period of time shall be. b. All court time accumulated which begins when a lieutenant is on duty and extends past their regular shift, shall be compensated at one and one-half (1-1/2) times the regular straight -time hourly rate of pay for the period following the regular duty shift. c. In the event a lieutenant is given less than twelve (12) hours' notice of cancellation of a scheduled off -duty court appearance, they shall be entitled to two (2) hours pay at one and one-half (1-1/2) times their regular straight -time hourly rate of pay. Notice of cancellation will first be attempted by direct phone message. If no contact is made, a message to voice mail (either at home or the Department) indicating time and date of message shall suffice as notification. Section 4. 7(K) Exemption The City has elected a 7(K) exemption pursuant to the Fair Labor Standards Act (FLSA). The City may determine a work period consistent with the 7(K) exemption, and will pay the overtime rate for FLSA hours worked in excess of the maximum permitted in that work period, unless overtime pay has already been paid pursuant to the requirements of this Agreement. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 116 Section 5. FLSA Provisions The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS Section 1. Health Plan The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the coverage shall be as follows: a. (i) Medical Plan. The Employer shall pay each month one hundred percent (100%) of the premium necessary to purchase employee coverage and ninety percent (90%) of the premiums necessary for the purchase of dependent coverage (excluding spouses who are eligible for other coverage through their place of employment) under Kaiser Permanente HMO insurance plan, AETNA PPO insurance plan, or equivalent, as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). There will be a Plan A and a Plan B for both the PPO and HMO Plan, or equivalent. a. (ii) In the event the City agrees in bargaining to increase the deductible reimbursement for the Guild, the change shall be applicable to the Lieutenants (instead of the $100/$300). a. (iii) The City may add an option for a High Deductible plan. a. (iv) Every year as part of the Wellness Program, a Lieutenant must complete the Health Screening Questionnaire, the Biometric Screening, and participate in the City's wellness program meeting the established criteria by October 31 of each year in order to be eligible for Plan A in the succeeding year. a. (v) Refusal to participate in the wellness program or failure to meet the wellness requirement by a Lieutenant will result in coverage under Plan B, but shall not otherwise impact the status of the Lieutenant at the City. b. Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their dependents. The Employer shall provide Group Vision Plan to the employees and their dependents. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 117 C. Other. The life insurance benefit shall be two (2) time's annual salary to a maximum of $220,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. Section 2. Supplemental Disability Insurance The City shall continue to provide supplemental coverage. The Union may elect to have a LEOFF II Supplemental Disability Income Plan: In that event, the Employer shall provide for mandatory payroll deduction for a LEOFF II disability plan selected and administered by the Union. Participation shall be a condition of employment for all LEOFF II employees. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. NOTE: The Union does not facilitate this benefit. Section3. HRA VEBA Plan The City will maintain a HRA VEBA Plan, health reimbursement arrangement that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for the group of mandatory participation as defined by the plan, (c) immediate vesting of all contributions, (d) reimbursement of qualified out-of-pocket medical care as defined by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse/eligible dependent for use for eligible medical expenses upon the death of the employee. The City will not make contributions to the HRA VEBA Plan. a. Mandatory Employee Contribution — Effective on the first of the month following 30 days from the date of ratification and on a monthly basis thereafter, each employee will make a mandatory twenty-five ($25.00) dollar per month pre-tax contribution to the employee's HRA/VEBA. b. Sick Leave Cash Out — Contributions shall include 100% of the cash -out value of all unused sick leave accrued and available for cash -out upon retirement from services into LEOFF to the maximum pursuant to Article 5, Section 3. Section 4. Teamsters Retirees' Welfare Trust Based on January hours, effective February 4, 2021 and on a monthly basis thereafter, the City shall deduct from the employees' wages the sum of one hundred seventy five dollars ($175.00) per month for benefits under the "RWT-XL Plan" during the period this Collective Bargaining Agreement is in effect, the City agrees to remit payment to the Retirees Welfare Trust, c/o NORTHWEST ADMINISTRATORS, INC., for each employee who received compensation for eighty (80) hours or more in the previous month. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 118 Section 5. Maintenance of Benefits The Trustees of the Washington Teamsters Welfare Trust or the Retirees Welfare Trust may modify benefits or eligibility of any plan (i.e. for the purpose of cost containment, cost management, or changes in medical technology and treatment). If increases are necessary to maintain the current benefits or eligibility, or benefits or eligibility as modified by the Trustees during the life of the Agreement, the Employer shall pay such increases as determined by the Trustees. ARTICLE 10: MISCELLANEOUS Section 1. Take Home Cars A take home car program will be established for the Lieutenants. Unless earlier terminated pursuant to the terms of this Agreement, the Program will continue for the duration of this Agreement. a. The cost of this program in the initial year (2016) is not to exceed $25,000 and the ongoing costs of this program will not exceed $15,000 per year. b. Staff will monitor the actual impacts to the budget to determine if the take home car program is sustainable. The determination of whether the program is sustainable will be based upon program costs remaining under the financial limits, or a determination that the program has an adverse impact on the operations of the department and/or City. If the City determines that it is not sustainable, the first step will be to address the issues through labor, management meetings. If it can't be resolved there, it will be addressed through bargaining via a re -opener on take home cars. c. Secondary vehicles will be used to increase the number of vehicles available to Lieutenants who would not normally be assigned a vehicle based on assignment. No new vehicles will be purchased for the startup of this program. The number of primary vehicles assigned to Lieutenants will be made by the City. d. If a secondary vehicle is lost due to damage or because it is too costly to maintain (as determined by the City), that vehicle will not be replaced early. Rather, the car will be unavailable until a new secondary vehicle becomes available in the regular course of the fleet maintenance/rotation. Regular maintenance will be continued on secondary vehicles. e. All relevant MOS sections apply including 40.1.3. Mileage limit of a 25-mile radius from City Hall. All 13 current CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 119 Lieutenants are eligible for a take home car regardless of assignment. If a current Lieutenant moves outside of this mileage restriction and they are not in an on -call assignment, they will be assigned a vehicle to be parked at an agreed upon secure "location within the established boundary, i.e. another police/fire station. Any Lieutenants promoted after the effective date of this contract (01/01/2015) are not grandfathered in and subject to the mileage restriction. The mileage radius applies only to cars authorized under this program, not to cars assigned for other reasons by the department (e.g. on call assignment). g. The department retains the right to assign particular vehicles to particular Lieutenants based on the department's operational needs. h. The parties will work together in Labor Management to resolve issues or concerns with the program. Section 2. Auto Reimbursement All employees who have been authorized to use their own transportation on City business shall be reimbursed for actual mileage at the then current reimbursement recognized by the Internal Revenue Service. Section 3. Appearances Before the Civil Service Commission, PERC or Labor Arbitrators Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or labor arbitration may attend without loss of pay. Employees called solely as a'fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 4. Union Negotiating Committee Up to three employees who serve on the Union Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 5. Union Business The Department shall afford Union Stewards a reasonable amount of time while on -duty to consult with appropriate management officials, and/or aggrieved employees, provided that the Union Stewards and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Union Stewards shall not use excessive time in handling such responsibilities. The Union shall give the City as much advance notice as reasonably possible of such time off requests. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 120 Section 6. Bulletin Boards The City shall permit the use of a bulletin board by the Union for the posting of notices relating to official Union business, so long as the matters posted are not inflammatory or otherwise detrimental to the operations of the Department. Section 7. Damage of Personal Effects Employees, who in the line of duty suffer damage to personal property and/or clothing, will have same repaired or replaced at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (i.e.-no Rolex watches). Section 8. Personnel Files Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that they believe is erroneous or irrelevant. If the employee does not agree with the City's decision, they may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Employees may request that written reprimands be expunged from personnel files after a minimum period of three years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Employees may request that records of more serious discipline be expunged from personnel files after a minimum period of five years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Requests for the expunging of disciplinary references in personnel files, pursuant to this section, shall not be unreasonably denied. In making this determination a factor the Chief may consider is that the Lieutenant is in a supervisory position. Nothing in this section shall be construed as requiring the City to destroy any employment records necessary to the City's case if it is engaged in litigation in any way related to that employee's employment at the time those records would otherwise be destroyed. Section 9. Uniforms and Equipment All commissioned lieutenants shall be furnished all required uniforms and equipment. a. Dry -Cleaning Uniforms shall be dry-cleaned at the City's expense as necessary. b. Annual Allowance All employees shall be paid an annual allowance per the schedule below for reimbursement for expenses incurred in the purchase of job -related footwear, clothing, and pre -approved accessories. No such payment will be rolled over to the next year in the event an employee does not purchase job -related footwear, clothing, or accessories during a year. Lieutenants assigned to the Criminal Investigations Section property crimes or crimes against persons units and the Administrative CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 121 Lieutenant in Professional Standards will be paid up to $600 per calendar year. This amount is expected to cover the cost of clothing needed in the investigations unit (sport coats, crime scene clothes, etc.), accessories and uniform footwear. Traffic Lieutenants assigned to motorcycles shall be paid up to $325 per calendar year. This amount is expected to cover the cost of required footwear, clothing, accessories, and eye protection. All other employees will be paid up to $200 per calendar year. This amount is expected to cover the cost of accessories, footwear, and other items of clothing needed in uniform service. If an employee is transferred to CIS during a calendar year, the combined total reimbursement is capped at $600 for that year, regardless of whether the employee used some allowance funds earlier in the year. Likewise, the total reimbursable expense is capped at $325 for new motorcycle Lieutenants. Employees must retain receipts of purchased items and submit the receipts collectively to the City for reimbursement one time per calendar year at any time during the year but no later than December 31. The City will reimburse each employee once annually up to the maximum allowed amount(s) as outlined above.. As used in this Section, "accessories" include the following items. Nothing prohibits the City and the Union from modifying this list through written agreement. • T-shirts (black or white) • Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD" embroidery is optional) • Socks (black) • Baseball caps (with FWPD mini -patch) • Watch cap (with FWPD mini -patch) • Nylon web gear • "Comfort Fit' Belt System • Handcuffs (nickel -plate or black finish) • Metal baton • Mini -flashlight • Mini -flashlight pouch/holder ■ Key Holder ■ Latex glove holder ■ Radio earpiece • Folding knife (no more than 4" blade length) • Patrol bag/Carry case • External Armor Carrier (see MOS 41.35D External Body Armor Specs) • Suspenders for duty belt CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 122 Holsters (must comply with department specifications for either uniform or plain clothes on -duty use) Firearms (must comply with department specifications for either uniform or plain clothes on -duty use) Sights for firearms (must comply with department specifications for either uniform or plain clothes on -duty use) Section 10. Jury Duty An employee required by law to serve on jury duty shall continue to receive salary for up to eighty (80) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, they will inform their immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. Lieutenants who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Section 11. Defense and Indemnification The City shall provide legal defense and indemnification pursuant to the City Code. Section 12. Service Leave Members will be provided a one-time accrual of 40 hours (pro -rated for regular part-time employees) of vacation leave after each consecutive ten (10) year period of continuous employment at the City (i.e. after 10 years, 20 years, 30 years, etc.). ARTICLE 11: PROHIBITED PRACTICES Section 1. Neither the Union nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow -down, lock -outs, or any other organized effort that interferes with the efficient operation of the Department. Section 2. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Union agrees that the level of any such disciplinary action issued by the City shall be CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 123 final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12: REDUCTION -IN -FORCE Section 1. Layoff Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall Employees laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days; even though they cannot actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Disciplinary Standards No employee shall be subject to discipline except for just cause. An employee who engages in off -duty misconduct may be subject to discipline when: (1) the off - duty misconduct, if known, would harm the City's reputation in the community; (2) the off -duty conduct materially affects the employer's business operation; or (3) the conduct is inconsistent with the office that the police lieutenant holds. Section 2. Disciplinary Investigations In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be follows: a. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. b. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise them of the matter. Nothing herein shall operate as a waiver of the Union's right to request bargaining information. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 124 C. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. d. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that Union representation to the extent allowed by the law. e. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. The employee shall not be subjected to any offensive language or abusive questioning, nor shall they be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain their resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. h. The Department may, an d ARTICLE 14: GRIEVANCE PROCEDURE Section 1. Grievance Procedure Steps a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Union concerning the interpretation or. application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Union, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 125 claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Union within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 - If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the City Manager, with a copy to the Director of Human Resources, by the Union within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen - day period, the grievance shall be automatically advanced to Step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 126 b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the City Manager's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2. Arbitration Panel The City and the Union shall try to agree upon a mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven (7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. For disciplinary grievances, the arbitrator shall be assigned by PERC under the arbitrator assignment process for law enforcement personnel disciplinary grievances established by SSB 5055 (2021). The decision of the Arbitrator shall be final and binding on the parties. a. The Arbitrator shall make their own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit their decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Lieutenant Union mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and expenses will be paid by the party incurring them, including costs of representation. d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 127 is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance procedure. Section 5: Step 3 Submission In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard No employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 7. Probationary Period All newly promoted employees must serve a probationary period. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of ten (10) work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten (10) day period for promotional probationers. The probationary period is an extension of the promotional process; therefore, the provisions of this Article will not apply to employees if they are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than demotion may be processed in accordance with this Article. Section 8. Parties to the Agreement In as much as this is an agreement between the City and the Union, no individual employee may make use of the provisions of this Article, except as expressly provided above. ARTICLE 15: NONDISCRIMINATION CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 128 The Employer and the Union shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, national origin, age, sex, disability, or any other protected class. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Union agree that they will cooperate in complying with the Americans with Disabilities Act. ARTICLE 16: DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances the Employer may request the employee to provide written medical authorization from a physician to perform various essential job functions while using such drugs. Any voluntary request by an employee for assistance with their own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Section 2. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or such drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 129 drug for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Section 3. For the purpose of administering this Article the following definition of terms is provided: a. Reasonable Suspicion Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy; b. Under the Influence In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Nanograms per milliliter) (ng/ml) Test Level Amphetamines...............................................................................................1000 Barbiturates......................................................................................................300 Benzodiazepines..............................................................................................300 Cannabinoids...................................................................................................100 Cocaine metabolites..........................................................................................300 Methadone....................... ................................................................................300 Methaqualone..................................................................................................300 Opiates(Codeine)............................................................................................300 Opiates (Morphine)..........................................................................................300 Phencyclidine (PCP)..........................................................................................25 Propoxyphene..................................................................................................300 Level of the positive result for alcohol ...................................... 0.04 blood alcohol C. Illegal Drugs All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over -the -Counter Drugs Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. e. Prescription Drugs All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 130 Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with an Union representative, if one is readily available. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Union representative may be present during this discussion. C. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Union representative) and proper chain - of -custody procedures shall be followed. f. The collection of the samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties. The results of such tests shall be made available to the Employer and the Union. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: h. If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Section 5. - Confirmatory Test Marijuana metabolites..............................................................................15 ng/ml Cocaine metabolites...............................................................................150 ng/ml CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 131 Opiates Morphine.....................................................................................300 ng/ml Codeine.......................................................................................300 ng/ml Phencyclidine...........................................................................................25 ng/ml Amphetamines Amphetamine..............................................................................500 ng/ml Methamphetamine......................................................................500 ng/ml Section 6. At the employee's or the Union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Union for testing. The cost of this test will be paid by the Union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. Section 7. The employee and the Union (upon consent of the employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate the Medical Review Officers (MRO) provided by AWC to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over-the- counter drug, or reported to work while underthe influence of alcohol, the employee shall be subject to discipline, including immediate discharge. ARTICLE 17: SENIORITY The term seniority as used in this Agreement will be defined as total service as a police lieutenant from date of promotion and/or appointment. If lieutenants are promoted on the same date then the total years of service as a commissioned police officer in any state will be utilized to determine seniority. ARTICLE 18: SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree to meet and negotiate the affected provision(s). The remaining provisions shall remain in full force CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 132 and effect. ARTICLE 19: WAIVER CLAUSE The parties acknowledge that each has had the unlimited right within the law and the opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the duration of this Agreement, each agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 20: DURATION This Agreement shall be effective until December 31, 2024. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on January 1, 2022. The Agreement may be opened to negotiate a successor Agreement by either party giving notice in writing not later than sixty (60) days prior to the expiration date. ' DATED this day of CITY OF FEDERAL WAY: Jim Ferrell, Mayor 2024. TEAMSTERS LOCAL UNION NO. 117/I13T: John Scearcy, Secretary -Treasurer CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 133 APPENDIX A WAGES See Article 6, Section 1 for Differential Formula The following wage adjustments apply to the currently employed Lieutenants as of ratification, and will be retroactive to January 1, 2022. Step A Step B Step C Step D $9,986 $10,660 $11,380 $12,148 The following wage adjustments will be effective January 1, 2023 to currently employed Lieutenants. Step A Step B Step C Step D $10,385 $11,086 $11,835 $12,634 The following wage adjustments will be effective January 1, 2024 to currently employed Lieutenants. Step A Step B Step C Step D $10,801 $11,530 $12,308 $13,139 DEFERRED COMPENSATION: The City shall maintain a qualified deferred compensation program, requiring the City to match monthly contributions made by bargaining unit employees up to a maximum City contribution of two (2) percent of the employee's base rate of pay. CITY OF FEDERAL WAY (LIEUTENANT) COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 134 9C COUNCIL MEETING DATE: September 3, 2024 ITEM #: -- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PLANNING COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Planning Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Planning Commission is comprised of up to seven members and up to three alternates who are appointed by the City Council and serve four-year terms. Members must be residents of the city with interest in land use and planning issues (per FWRC 2.90.020). Currently there are three vacant voting positions and three vacant alternate positions due to term expirations. Two applications were received in response to the ongoing online recruitment process. At their September 3, 2024 Special Meeting the City Council interviewed one individual seeking appointment (James Stiles) and one individual seeking reappointment (Timothy O'Neil). Options Considered: 1. Make appointments to the Planning Commission as follows: Name Position T e Expiration Date Votin os 1 09/30/2028 Votin os 3 09/30/2028 Voting/Pos 5 09/30/2028 Alternate 09/30/2028 Alternate 09/30/2026 Alternate 09/30/2028 2. Direct the City Clerk to advertise for additional applicants for the Planning Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Planning Commission.... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 4/2019 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: September 3, 2024 9d ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Human Services Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Human Services Commission is comprised of nine voting members and up to three alternates who are to be appointed by the City Council to serve three-year terms (per FWRC 2.55.020). Members are required to reside within corporate limits of the city and, if possible, should reflect the range of human service delivery interests in the community. There are currently three voting and two alternate positions vacant due to term expirations and commissioner resignations. Two applications were received in response to the City Clerk Department recruitment process. At their September 3, 2024 Special Meeting the Council interviewed two individuals seeking appointment (Donna Arnold and Don Palumbo). Options Considered: 1. Make appointments to Human Services Commission as follows: Na Type Positron jerm, Voting/Pos 3 01/31/2027 Voting/Pos 4 01/31/2025 Voting/Pos 7 01/31/2026 Alternate 01/31/2027 Alternate 01 /31 /2026 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council initial atc Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 9e COUNCIL MEETING DATE: September 3, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SENIOR ADVISORY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Senior Advisory Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Senior Advisory Commission is comprised of up to nine voting members and three alternate members who are appointed by the City Council. Members must reside within the incorporated city limits and serve three-year terms without compensation (per FVVRC 2.62.030). There are currently three vacant voting positions due to term expiration and one vacant alternate position. Four applications were received in response to the City Clerk Department recruitment process. At their September 3, 2024 Special Meeting the City Council interviewed one individual seeking appointment (Donna Arnold) and three individuals seeking reappointment (Lana Bostic, Catherine North, and Tammy Dziak). Options Considered: - 1. Make appointments to the Senior Advisory Commission as follows: N - Type Position Term Voting/Pos 4 08/31/2027 Voting/Pos 5 08/31/2027 Voting/Pos 6 08/31/2027 Alternate 08/31/2027 2. Direct the City Clerk to advertise for additional applicants for the Senior Advisory Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council Initial/Date Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move the following appointments to the Senior Advisory Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 4/2019 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: September 3, 2024 9f ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL. SUBJECT: ETHICS BOARD APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Ethics Board? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution 0 Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Ethics Board is comprised of three (3) voting members and one (1) alternate who are appointed by the City Council and serve three-year terms (per Resolution #13-648). There are currently three (3) vacant voting positions and one (1) vacant alternate position. At their September 3, 2024 Special Meeting the City Council interviewed two individuals seeking appointment (Donna Arnold and Jaime Gomez -Beltran) and considered a letter in lieu of an interview from one individual (Karen Kirkpatrick) seeking reappointment to the Ethics Board. Options Considered: 1. Appoint members to the Ethics Board as follows: Texan Expiration Date Voting/Pos 1 06/30/2026 Voting/Pos 2 06/30/2027 Voting/Pos 3 06/30/2025 Alternate 06/30/2027 2. Direct the City Clerk to advertise for additional applicants to the Ethics Board. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: `I move appointments to the Ethics Board as follows... " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # COUNCIL MEETING DATE: September 3, 2024 ITEM #: 9 g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: YOUTH COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Youth Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Youth Commission is comprised of nine voting and three alternate members who are appointed by the City Council to serve two-year terms (per FWRC 2.60.040). Members may include freshman through seniors who attend high school within the city limits, attend a high school that is part of the Federal Way School District (FWSD), or reside within the city limits. There are five vacant voting and three vacant alternate positions due to term expirations. Four applications were received in response to the ongoing online recruitment. At their September 3, 2024 Special Meeting the City Council interviewed three individuals seeking reappointment (Satinder Grewal, Sienna Mayo, and Zarah Dennis) Options Considered: 1. Make avvointments to the Youth Commission as follows: Type/Position Voting/Pos 2 Term 08/31/2026 Voting/Pos 3 08/31/2026. Voting/Pos 4 08/31/2026 Voting/Pos 8 08/31/2026 Voting/Pos 9 08/31/2026 Alternate 08/31/2026 Alternate 08/31/2025 Alternate 08/31/2025 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council nitial ate InitiaVDate InitiaVDate PROPOSED COUNCIL MOTION: "I move to appoint the following to the Youth Commission ... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # COUNCIL MEETING DATE: September 3, 2024 ITEM #: 9h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT POLICY QUESTION: Should the City Council appoint members to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Lodging Tax Advisory Committee (LTAC) governed by RCW 67.28.1817 is comprised of a minimum of five (5) members who are appointed by the City Council to serve two-year terms (per FWRC 2.75.020). Members must be balanced to represent businesses that are required to collect lodging tax, and businesses authorized to be funded by lodging tax revenues (a minimum of two each). One member shall be an elected official of the city who serves as the Chair. There is currently one vacant voting position, one vacant voting position with a term to expire on October 31, 2024, and two (currently filled) voting positions which will expire on October 31,2024. At their September 3, 204 Special Meeting the City Council interviewed four individuals seeking appointment (Stacia Winters, PAEC; Juliana Bliss (Marroquin), Holiday Inn Express & Staybridge Suites; Kathy Robbins, Hilton; and Janie Bube, Pacific Bonsai Museum.) Options Considered: Make appointments to the Lodainiz Tax Advisory Committee as follows: Name Type Position Term Ar Voting - Collect/Pos 5 10/31/2025 Voting - Receive/Pos 6 10/31/2024 — 10/31/2026* Voting - Receive/Pos 4 10/31/2024 — 10/31/2026* Voting - Collect/ Pos 7 10/31/2024 — 10/31/2026* *Due to the City Council meeting schedule and lack of availability to interview prior to term expirations, the current interview schedule includes future terms to ensure meetings will not be interrupted due to lack of quorum. 2. Direct the City .Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee InitiaUDate N/A CITY CLERK APPROVAL: �� Council Initial InitiaUDate PROPOSED COUNCIL MOTION: "I move the following appointments to the Lodging Tax Advisory Committee... " (BELOW TO BE COMPLETED BY CITY CLERIC'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # 13 DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 9i COUNCIL MEETING DATE: September 3, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Diversity Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Diversity Commission is comprised of nine voting members appointed by the City Council to serve three-year terms. All members shall reside within the corporate limits of the city and to the extent practicable, appointments are to reflect the range of human differences (per FWRC 2.65.030). Alternate members may be appointed as determined by the City Council. There are currently two vacant voting and two vacant alternate positions. One application was received in response to the ongoing online recruitment. At their September 3, 2024 Special Meeting the Council interviewed on individual (Jamie Gomez -Beltran) seeking appointment. Options Considered: 1. Appoint the following applicants to the Diversity Commission with terms as follows: - l ti pr Position: Tienn Expires Voting/ Pos 8 05/31/2026 Voting/ Pos 9 05/31/2026 'Alternate 05/31/2026 Alternate 05/31/2025 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: g a7 Committee Council Initial Date lniiis1,Date 1nitia[ 33ats PROPOSED COUNCIL MOTION: "I move the following appointment to the Diversity Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—12/2016 RESOLUTION # 10a COUNCIL MEETING DATE: September 3, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL' SUBJECT: ORDINANCE: ADOPTION OF PROPOSED RECREATIONAL VEHICLE CODE AMENDMENT POLICY QUESTION: Should the City Council replace the size limitation for recreational vehicles parked on residential properties with other standards to make it easier for property owners and residents to store these vehicles on their property? COMMITTEE: Land Use & Transportation CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Keith Niven Attachments: Staff Report Ordinance MEETING DATE: August 5, 2024 ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: CD Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 .xt MAYOR APPROVAL: Initial/Date Initial/Date DIRECTOR APPROVAL: W 23 July 24 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading and public hearing on Septembe -L 2024. (Z� Member PROPOSED COUNCIL MOTION(S): tCommitW Member FIRST READING OF ORDINANCE (9/3/24): "1 MOVE TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 17, 2024 COUNCIL MEETING FOR SECOND READING AND ENACTMENT. " SECOND READING OF ORDINANCE (9/17/24): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 23, 2024, updated August 6, 2024 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD SUBJECT: Recreational Vehicle Code Amendment Financial Impacts: There are no financial impacts to the City for considering this code amendment. Background Information: In March, the Council adopted an ordinace prohibiting parking of recreational vehicles on all city streets in non-residential zones. As this proposed ordinance moved through the Land Use & Transportation Committee, there was a request from the City Council that staff consider further changes to City code that might improve the allowance for RVs to be parked on residential properties. The attached proposed code amendment considered codes from the cities of Bellevue, Issaquah, Everett, Renton, and Des Moines. In addition, staff provided an informational briefing to the Land Use & Transportation Committee on April 1, 2024. The purpose for this presentation was to solicit input from the Committee prior to drafting the code amendment. The Planning Commission received a briefing on this proposed code amendment on May 15, 2024. Procedural Summary: 5/17/24: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (24-101546-SE) 5/17/24: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 5/31/24: End of SEPA Comment Period 6/21/24: End of SEPA Appeal Period 7/10/24: Planning Commission 8/5/24: LUTC Council Committee (anticipated date) 9/3/24: City Council Public Hearing and 1 st Reading (anticipated date) Public Comment Rev. 7/18 The City received verbal comments from a resident at the LUTC briefing held on April 1, 2024 and at the Planning Commission briefing held on May 15, 20204. These comments were considered as part of developing the proposed code amendments. Decision Criteria: FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. Staff Response: The proposed FWRC text amendments support the following Comprehensive Plan Goal and Policies: LUP 1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUP 10 Support the continuation of a strong residential community. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP 13 Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City's land use regulations. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. Staff Response: The current code provides a size limitation to recreational vehicles and boats. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the amendments 1) remove the somewhat arbitrary size limitations allowing for these vehicles and trailers to be legally parked and stored on residential property; and 2) include more detailed siting criteria that must be met: a. including utility trailers to the regulations and provisions; b. ensuring the rv, boat, or utility trailer does not create a sight visibility hazard; c. requiring the rv, trailer, or boat belong to the resident of the property; d. requiring the rv, trailer, or boat to be licensed and operable; and, e. limiting the number of these items stored outdoors on each property to 1 of each. 3. The proposed amendments are in the best interest of the residents of the City. Staff Response: The proposed amendments include an evaluation of regulations imposed by nearby cities and incorporates those relevant to Federal Way. Although the proposed amendments remove the somewhat arbitrary size limitations, the incorporation of additional limitations will minimize the occurrence of RVs, utility trailers and boats become a neighborhood nuisance. Amendments from Committee: On August 5, 2024, the Land Use & Transportation Committee discussed the proposed code amendments relating to recreational vehicles, utility trailers, and boats. Pursuant to that Rev. 7/18 conversation, the proposed Ordinance was updated as follows: (6) The utility trailer or boat shall be owned by a resident or the property owner. The recreational vehicle shall be owned or occupied by the property resident or the property owner. Notwithstanding the foregoing, recreational vehicles, utility trailers, or boats may be parked temporarily for loading and unloading activities regardless of whether such parking is consistent with the requirements of this section. Mayor's Recommendation: The Mayor recommends approving the proposed code amendments. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to regulating the parking of recreational vehicles, utility trailers, and boats in residential zones; amending FWRC 19.05.210, 19.130.260, and 19.130.290, and repealing FWRC 19.130.270 and 19.130.280 (Amending Ordinance Nos. 90-43, 00-375, 04-457, 09-593, 09-595, 09- 607, 09-610, and 13-754). WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update land use and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City desires to make it easier for property owners and tenants to legally park recreational vehicles, utility trailers, and boats on residential properties under FWRC; and WHEREAS, State agencies received 60-day notice of the proposed amendment on May 14, 2024 (2024-S-7071); and WHEREAS, this ordinance, containing an amendment to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") (24-101546- SE) was properly issued for the proposed code amendment on May 17, 2024, no comments were received and the DNS was finalized on May 31, 2024, and no appeals were filed and the appeal period has expired; and Ordinance No. 24- Page 1 of 8 WHEREAS, the Planning Commission properly conducted a duly noticed public meeting on this code amendment on July 10, 2024, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered this code amendment on August 5, 2024, and recommended the ordinance be referred to the September 3, 2024 Council meeting for public hearing and first reading; and WHEREAS, pursuant to FWRC 19.80.190 the City Council elected to hold a public hearing on this code amendment, and properly conducted a duly noticed public hearing on this code amendment on September 3, 2024. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l . Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendment. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) This code amendment is in the best interest of the residents of the City and will benefit the City as a whole by allowing increased opportunity for property owners and tenants to legally park recreational vehicles, utility trailers, and boats on residential property, while simultaneously adopting additional requirements pertaining to the on -lot storage of such vehicles. (c) This code amendment complies with Chapter 36.70A RCW, Growth Management. (d) This code amendment is consistent with the intent and purpose of its title under FWRC and will implement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan. Ordinance No. 24- Page 2 of 8 (e) This code amendment bears a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) This code amendment has followed the proper procedural requirements under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendment: (a) The proposed code amendment is consistent with, and substantially implements, the following Federal Way Comprehensive Plan goals and policies: LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUP 10 Support the continuation of a strong residential community. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP 13 Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City's land use regulations. (b) The proposed code amendment bears a substantial relationship to the public health, safety, and welfare because the amendment would allow greater flexibility in siting of recreational vehicles, utility trailers, and boats on residential property with increased regulations to minimize their visual impacts. Ordinance No. 24- Page 3 of 8 (c) The proposed code amendment is in the best interest of the public and the residents of the City of Federal Way because it offers residents of the City increased opportunity to park their recreational vehicles, trailers, and boats on their properties so long as such vehicles are parked consistently with common sense regulations. By allowing greater opportunity for the vehicles to be parked on residential properties, owners will be less likely to be forced to pay for costly off -property storage. For these reasons, the proposed amendment will be in the best interest of the residents of the City. Section 3. FWRC 19.05.210 is hereby amended to read as follows: 19.05.210 U definitions. "Urban agriculture" is an umbrella terns encompassing a wide range of activities involving the raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also the definitions for "agricultural use," "community gardens," "cottage food operation," "farm stand," and "farmers market." "Urban farm" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale. "Use" means the activities taking place on property or within structures thereon. Each separate listing under the "Use" column in the use zone charts in FWRC Title 19, Division VI FEE ■IIV�fI�r�lfYll 119111 lY l�1l��1I+.Yi 17 �llY1 AS[r1�I �L.! "Utility trailer" means an nonmotorized vehicle with inte rat wheels designed to be towed b a motorized vehicle for the transport of goods, property, equipment, and/or livestock. Section 4. FWRC 19.130.260 is hereby amended to read as follows: Ordinance No. 24- Page 4 of 8 19.130.260 Parking and storage of recreational vehicles, utility trailers, and boats in residential zones limited. Parking or storage of any recreational vehicle, utility trailer, or boat more than ni� feet in he and ,re„ethan 22 fi tinlenis prehibite permitted irron residentially zoned lots outside of a completely -enclosed structure only when consistent with the following requirements: exeept as Recreational vehicles, utility trailers, and boats shall not intrude into rights -of -way or obstruct sight visibility fiom driveways or street: intersections. Q Recreational vehicles, utility trailers, and boats shall not be parked in the front Yard unless there is no reasonable access to the side or rear yard because of tonoaranhv or other nhvsical conditions on the property, No more than one recreational vehicle, utility trailer, and boat inay be stored at anY time. (41 At no time shall a parked or stored recreational vehicle, utility trailer. or boat be occupied or used as permanent or temuorary housing unless specifically_ allowed_ under FWRC 19.130.290. The recreational vehicle, utility trailer, or boat shall be licensed and operable. The utility trailer or boat shall be owned by a resident or owner of the property. The recreational vehicle shall be owned or occupied by the resident or owner of the property.. Notwithstanding _the foregoing, recreational vehicles, utility trailers, or boats may be parked temporarily for loading and unloading activities regardless of whether such parking is consistent with the requirements of this section. Section 5. FWRC 19.130.290 shall be amended to read as follows: 19.130.290 Limitation on use. Ordinance No. 24- Page 5 of 8 It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle, recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period, except as allowed by subsection (1) of this section. (1) Based on a written request, the director may permit a recreational vehicle of any size to be used as a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance, or where a valid building permit has been issued for remodel of the primary structure, provided: (a) The recreational vehicle may be occupied for a maximum of 12 months from the date of the director's One 12-month extension may be granted by the director based on demonstration of continuing hardship and documented good faith efforts to complete construction. (b) Occupancy of the recreational vehicle shall cease within 30 days of issuance of a certificate of occupancy for reconstruction of the primary dwelling unit at the property. (c) The recreational vehicle may be located within the required front yard setback but may not obstruct sight distance at driveways and intersections. The recreational vehicle may not be located in required side or rear yards setbacks. (d) Generators shall not be utilized. (e) The director's approval is revocable if the requirements of this section are not met. (2) The director shall provide a copy of the approval letter to the applicant, property owner (if different from the applicant), and all adjoining property owners. Section 5. FWRC 19.130.270 is hereby repealed in its entirety. Section 7. FWRC 19.130.280 is hereby repealed in its entirety. Ordinance No. 24- Page 6 of 8 Section 8. Severabiiity. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. S�zciion 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2024. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, MMC CPRO, CITY CLERK Ordinance No. 24- Page 7 of 8 APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 24- — Page 8 of 8 10b COUNCIL MEETING DATE: August 13, 2024 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023-2024 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2023-2024 Biennial Budget amendment? COMMITTEE: FEDRAC MEETING DATE: July 23, 2024 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director DEPT: Finance Attachments: 1. Staff Report 2. Ordinance 3. Exhibits A - F Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEND ION: Option 1. MAYOR APPROVAL DIRECTOR APPROVAL: }� Ca nti 'Coup nii{y1lAnts 1 tialli?nte [niliall ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to a public hearing and first reading on August�Ff, 2024. ConiflVittee Chair lnmittee Member Comml ee ember PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (AUGUST 13, 2024): "I move to forward the proposed ordinance to the September 3, 2024, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (SEPTEMBER 3, 2024): "I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED First reading_�2 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 23, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2023-2024 Biennial Budget Amendment Background Information: The 2023/2024 Budget was approved and adopted November 15, 2022 and amended June 6, 2023 September 5, 2023, November 21, 2023, and May 21, 2024. This is the second quarterly amendment of the year, and is done to capture items council has approved during the year, or any contract increases. All departments submit unfunded budget needs through a waiting list review process with the Mayor, City Administrator and Finance Department staff to assure that the needs are prioritized on a citywide basis. Finance has reviewed and updated the biennial budget for all funds to confirm that required ending fund balances will be met and recommends approval. All changes are reflected in Exhibit F. Financial Impacts: General Fund 2024 expenditures previously authorized by council adoption and/or amendment was $75,187,438; the new revised General Fund expenditures that will now be authorized in 2024 will be $76,522,438, largely from transfer out to Jail fund for increased jail costs. The better -than -budgeted actual revenue received in the first six months does allow us to fund $1,035,000 in higher -than -budgeted jail costs. While year-end forecasted revenues will be updated in subsequent quarters, the City has realized better -than -budgeted actual revenues in investment income ($455,000), unrestricted utility tax ($500,000), and permits & fees ($343,000) while Sales Tax is currently under budget ($263,000). Jail cost is estimated to exceed budget by $1.8 million, so Q2 adjustment from increased investment revenue, utility tax, and permits fees provides significant partial funding until further revenue in later quarters are recognized. All other material changes to the proposed budget amendment are increases to grant revenue with the increases to expenses they fund, items previously approved by council or increased non - discretionary obligations and include: Rev. 7/18 The following tables detail the adjustments to expenditures budgets required for the 2023/2024 Biennial Budget: Adiustrnents to General Fund fund DeKdptionofExpenditurellnterfundTmnsfer 2024$ j fundedby OO coeral AOCTheropeuticCouaGraotlxpeiJituie $ 175,000 Grant 001General IPortofSeottleGrantfxpenditure 60,000 Grant OO1General 'frainiogGiants Dpeoditures SQ000 Grant OO1Geoeral Transfer out to Jail fund for increasedjailserviocs 1,035,000 Utiliiptax/Interest/Permitfees 001General Transfer out to debt service food for interest expenditure 15,000 Utilitytax/Interest/Permitfees Total 1,3E,OW Adiustments to Non -General Funds Fund Descriptionofbpenditure/lnterfundTmnsfer 2% funded by 101Arterial Street Ovedayfond Overlay carryover for IN Road Diet ProjPhll&takehavenUtility Adjustments $ 8T2,253 Arterial Street fund Balance & Reimbursement 103Utility Tax Fund TransferouttoGeneral fund V'M IltilityTox 104Affordable&5upprtHousinUSales/UseTax fund 2024HousingCapital fund140 bpenditure 6,7b Oordable&SuppdHousing fund Balance 109 Hotel/Motel todgingTax fund LodgingTax Expenditures Increase 100,000 LodgingTax fund Balance 115 PAEC fund IPAEC fund Operational Expenditure Increase 1,015,494 Event fees and PAEC fund Balance 116Solid Waste Be UtilityTax fund Residential streetoveraly 1,257,025 Solid Waste Re UtilityTox fund Balance 120Paths&Trails fund Tronsferouttofleet fund forrecreationshuttlebuspurchase 30,000 Path & Trails fund Balance ]22JailService fund 11ailCost 1wease t035,000 Transfer in from General fund 201 Debt Service fund Interest Expenditure for Interfund Loan 15,000 Transfer in from General fund 301 Downtown Redevelopment fund Transferoutto Transportation Proj•21stAVE/S320thSTSignal&PedImprove 355,000 tiff 303ParksCIP fund ResudnSaghalieTennis Courts 89,683 Grant 3O15AceWater Management CIP fund Redondo Creek Culvcn Replacement & Reduce TransfertoOtherfunds 1758,079 SWMCIP Fund Balance 306Transport3tion CIP fund Joint Operations& Maintenance facility&Cootraded Project Increases 8,879,731 Transportation CIP fund Balance, Grants, and Bond Proceeds 402 DBC fund DBC fund Operation Expenditure Increase 280,603 Rental fees and DBC fund Balance 504fleet &Equipment fund f 1lecreation5buttleBusPurchase 6,176 fleet& Equipment fund Balance and Transf.Infrom Pa61&Trails Total $16,279,759 Exhibits A - F are attached to provide an accountable chronology: • Exhibit A — original Adopted Budget, adopted November 15, 2022 • Exhibit B — first amendment, adopted June 6, 2023 • Exhibit C — second amendment, adopted September 5, 2023 • Exhibit D — third amendment, adopted November 21, 2023 • Exhibit E — fourth amendment, adopted May 21, 2024 • Exhibit F — fifth amendment proposed for adoption September 3, 2024 Rev. 7/18 ORDINANCE NO.24_ AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2023-2024 Biennial Budget. (Amending Ordinance Nos. 22-941, 23-959, 23-966, 23-974 and 24-986) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2023-2024 fiscal biennium were prepared and filed on September 15, 2022, as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for public hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on October 18 and November 1, 2022, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on November 15, 2022 (adopted budget attached as Exhibit A); and WHEREAS, the City Council of the City of Federal Way approved the first amended budget ordinance on June 6, 2023 (adopted budget amendment #1 attached as Exhibit B); and WHEREAS, the City Council of the City of Federal Way approved the second amended budget ordinance on September 5, 2023 (adopted budget amendment #2 attached as Exhibit Q and WHEREAS, the City Council of the City of Federal Way approved the third Ordinance No. 24- Page 1 of 9 Rev 1/22 amended budget ordinance on November 21, 2023 (adopted budget amendment #3 attached as Exhibit D). WHEREAS, the City Council of the City of Federal Way approved the fourth amended budget ordinance on May 21, 2024 (adopted budget amendment #4 attached as Exhibit E). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2023-2024 Budget Amendment. That the budget for the 2023-2024 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit F ("2023-2024 Proposed Amended Budget #5") Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or.portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 24- Page 2 of 9 Rev 1 /22 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors., references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2024. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, MMC, CPRO, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 24- Page 3 of 9 Rev 1/22 EXHIBIT A 2023-2024 Adopted Budget 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,415,532 56,854,231 60,077,654 S 9,192,109 S 61,108,379 S 61,300,485 $ 9,000,003 Special Revenue Funds: Street 210,983 5,715,475 5,426,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 100,001 1,563,000 1,563,000 100,001 1,563,000 1,563,000 100,001 Utility Tax 4,579,047 11,830,565 11,619,868 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax- Afi d. & Supprt. Housing 140,702 125,000 125,000 140,702 125,000 125,000 140,702 Solid Waste/Recycling 311,052 722,200 641,647 391,604 722,200 654,343 459,462 Special Contract/Studies 462,890 - 462,890 - 462,890 Hotel/Motel Lodging Tax 1,720,995 293,000 65,000 1,948,995 308,000 65,000 2,191,995 Community Center 980,517 2,799,376 2,279,893 1,500,000 2,306,857 2,306,857 1,500,000 Traffic Safety Fund 3,109,153 3,000,000 3,846,735 2,262,419 3,060,000 4,122,419 1,200,000 Utility Tax Proposition 1,612,395 3,859,478 4,471,873 1,000,000 4,603,704 4,603,704 1,000,000 Performing Arts & Event Center 541,702 2,387,767 2,483,359 446,111 2,259,757 2,483,359 222,509 Solid Waste 101/oUtility Tax 152,012 2,200,000 2,200,000 15P,012 2,300,000 2,300,000 152,012 Community Development Block Grant 28,268 886,193 886,193 28,269 789,717 789,717 28,268 Paths and Trails 1,895,150 170,600 100,000 1,965,750 172,216 600,000 1,537,966 Technology 235,810 149,250 385,060 149,250 534,310 Jail Service 164,252 2,335,748 2,500,000 (0) 4,700,000 2,700,000 (0) Strategic Reserve 3,000,001 - 3,000,001 - 3,000,001 Parks Reserve 1,120,891 5,000 1,125,891 5,000 1,130,891 Debt Service Fund 3,118,184 2,446,368 2,446,368 3,118,184 2,446,459 2,446,459 3,118,184 Capital Project Funds: Real Estate Excise Tax 4,110,900 5,521,000 7,055,343 2,576,557 5,576,000 5,788,245 2,364,312 Downtown Redevelopment 3,496,123 - 205,000 3,291,123 - 150,000 3;141,123 Municipal Facilities 175,185 - 175,185 - 175,185 Parks 1,497,896 367,000 367,000 1,497,896 767,000 767,000 1,497,896 Surface Water Management 1,744,296 2,044,312 3,359,608 429,000 1,556,230 1,805,273 179,957 Transportation 1,125,725 19,269,000 19,912,000 482,725 50,927,649 49,507,000 1,903,373 Capital Project Reserve 369,963 - 369,963 - 369,963 Fnterprise Fund: Surface Water Management 2,897,393 6,226,871 6,450,608 2,673,656 6,228,298 8,104,300 797,654 Dumas Bay Centre 1,132,849 1,155,846 764,097 1,524,599 792,696 773,784 1,543,510 Internal Service Funds: Risk Management 1,158,255 2,307,763 2,657,763 808,255 2,120,877 2,329,131 600,001 information Technology 3,734,945 3,243,845 3,646,229 3,332,561 3,288,845 3,393,541 3,227,865 Mail & Duplication 255,919 135,947 154,901 236,965 135,947 161,901 211,011 Fleet & Equipment 7,621,866 2,425,039 3,336,067 6,710,838 2,399,475 1,711,734 7,398,580 Buildings & Furnishings 2,161,252 728,099 789,772 2,099,579 603,099 664,772 2,037,906 Health Insurance 3,579,885 4,956,000 5,256,726 3,279,159 4,956,000 5,256,726 2,978,433 Unem to mentInsurance 245,846 - 70000 175,846 - 70000 105,846 Grand Tolal All Funds S 71,207,836 S 145,723,974 S 154,758,165 S 62,173,646 S 181,349,382 S 187,211,223 S 56,311,805 Ordinance No. 24- Page 4 of 9 Rev 1/22 EUHBrr B 2023-2024 .Adapted Budget. Amendment #1 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund S 27,500,556 S 58,056,122 S 76,002,369 S 9,554,309 S 61,040,879 S 61,590,721 S 9,004,467 Special Revenue Funds: Street 359,300 5,975,158 5,834,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 999,047 1,563,000 2,462,047 100,000 1,563,000 1,563,000 100,000 Utility Tax 4,643,952 12,196,316 12,050,524 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax- Affrd.&Supprt.Housing 147,938 125,000 125,000 147,938 125,000 125,000 147,938 Solid Waste/Recycling 395,438 722,400 725,598 39ZO40 722,200 654,343 459,897 Special Contract/Studies 987,117 - 987,117 987,117 HoteVMotel Lodging Tax 1,867,690 293,000 65,000 2,095,690 308,000 65,000 2,338,690 Community Center 1,737,337 2,799,376 2,279,893 2,256,820 2,306,857 2,306,857 2,256,820 Traffic Safety Fund 2,445,305 3,000,000 3,846,735 1,598,570 3,060,000 4,122,419 536,151 Utility TaxProposition 1 1,570,837 3,901,478 4,471,873 1,000,441 4,603,704 4,603,704 1,000,441 Performing Ads & Event Center 873,647 2,387,767 2,483,359 778,055 2,259,757 2,483,359 554,454 Community Development Block Grant 25,107 886,193 886,193 25,107 789,717 789,717 25,106 Solid Waste 10%Utility Tax 1,632,178 2,200,000 3,680,166 152,012 2,300,000 2,300,000 152,012 Paths and Trails 1,888,280 170,600 100,000 1,958,880 172,216 600,000 1,531,096 Technology 459,967 149,250 28,350 580,867 149,250 12,000 718,117 Jail Service 7,487 2,492,513 2,500,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,001,354 - 3,001,354 - 3,001,354 Parks Reserve 1,132,882 5,000 1,137,882 5,000 1,142,882 Debt Service Fund (1,367,880) 3,814,248 2,446,368 (0) 2,446,459 2,446,459 (0) Capital Project Funds: Real Estate Excise Tax 3,216,755 5,521,000 7,055,343 1,682,412 5,576,000 5,788,245 1,470,167 Downtown Redevelopment 4,498,575 - 205,000 4,293,575 150,000 4,143,575 Municipal Facilities 175,412 - - 175,412 - 175,412 Parks 2,031,573 367,000 657,664 1,740,909 767,000 767,000 1,740,909 Surface Water Management 4,570,034 3,243,885 7,032,179 781,740 1,556,230 1,805,273 532,697 Transportation 15,937,599 19,323,650 31,642,185 3,619,064 50,927,649 49,507,000 5,039,713 Capital Project Reserve 370453 - 370,253 - 370,253 Fnterprise Fund: Surface Water Management 4,510,546 6,226,871 7,588,980 3,148,437 6228,298 8,104,300 1272,435 Dumas Bay Centre 1,710,216 1,155,846 764,097 2,101,965 792,696 773,784 2,120,877 Internal Service Funds: RiskManagement 1,516,609 2,307,763 2,657,763 1,166,609 2,120,877 2,329,131 958,355 Information Technology 4,259,029 3,484,045 3,886,429 3,856,646 3,514,145 3,618,841 3,751,950 Mail & Duplication 279,133 135,947 154,901 260,179 135,947 161,901 234,225 Fleet & Equipment 8,545,676 2,550,039 4,944,651 6,151,064 2,399,475 1,711,734 6,838,805 Buildings & Furnishings 2,114,858 729,099 789,772 2,053,185 603,099 664,772 1,991,512 Health Insurance 3,659,129 4,956,000 5,256,726 3,358,403 4,956,000 5,256,726 3,057,677 Unemployment Insurance 252,016 70,000 182,016 - 70,000 l IZO16 Grand Total All Funds S 107,954,951 S 150,737,66 S 192,6931624 S 65,998,694 S 181,507,182 S 187,738,757 S 59,167,119 Ordinance No. 24- Page 5 of 9 Rev 1/22 MIBITC 2023-2024 ,Amended Budget #2 2023 2024 Beginning Fund Beginning Fund Fnding Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund S 27,350,553 S 59,091,457 S 76,872,596 S 9,569,414 S 61,580,879 S 62,130,721 S 9,019,572 Special Revenue Funds: Street 359,430 5,991,404 5,850,704 500,130 5,611,409 5,611,409 500,130 Arterial Street 998,845 1,563,000 2,461,845 100,000 1,563,000 1,563,000 100,001 Utility Tax 4,646,109 12,449,431 12,303,640 4,791,900 11,78Z564 15,072,308 1,502,157 Sales/Use Tax- Affrd.&Supprt. Housing 148,016 125,000 125,000 148,016 125,000 125,000 148,016 Solid Waste/Recycling 395,459 722,200 725,598 39Z061 72Z200 654,343 459,918 Special Contract/Studies 987,302 - . 450,000 537,302 - 537,302 Hotel/Motel Lodging Tax 1,868,015 293,000 65,000 2,096,015 308,000 65,000 2,339,015 Community Center 1,737,273 2,799,376 2,279,893 2,256,756 2,306,857 2,306,857 2,256,756 Traffic Safety Fund 2,493,443 3,000,000 3,846,735 1,646,708 3,060,000 4,122,419 594,290 Utility TaxProposition 1 1,571,054 3,901,478 4,471,873 1,000,658 4,603,704 4,603,704 1,000,658 Performing Arts & Event Center 873,936 2,387,767 Z483,359 778,344 2,259,757 2,483,359 554,743 Community Development BlockCaant 25,107 886,193 886,193 25,107 789,717 789,717 25,106 Solid Waste 101/oUtility Tax 1,634240 2,200,000 3,680,166 15ZO74 2,300,000 2,300,000 15ZO74 Paths and Trails 1,888,688 170,600 366,376 1,692,912 172,216 600,000 1,265,128 Technology 459,999 149,250 259,350 349,899 149,250 12,000 487,149 Jail Service 7,260 2,492,740 2,500,000 0 2,100,000 2,700,000 0 Strategic Reserve 3,002,082 3,00Z082 - 3,002,082 Parks Reserve 1,133,157 5,000 1,138,157 5,000 1,143,157 Debt Service Fund (1,366,565) 3,814,248 2,446,368 1,315 2,446,459 2,446,459 1,315 Capital Project Funds: Real Estate Excise Tax 3,217,658 5,521,000 7,055,343 1,683,315 5,576,000 5,788,245 1,471,070 Downtown Redevelopment 4,499,350 - 205,000 4,294,350 150,000 4,144,350 Municipal Facilities 175,507 - 175,507 175,507 Parks Z03ZO64 633,376 924,040 1,741,400 767,000 767,000 1,741,400 Surface Water Management 4,570,673 3,243,885 7,032,179 782,379 1,556,230 1,805,273 533,336 Transportation 15,939,217 19,323,650 31,642,185 3,620,682 50,927,649 49,507,000 5,041,331 Capital Project Reserve 370,343 - 370,343 370,343 Fnterprise Fund; - Surface Water Management 4,511,222 6,226,871 7,588,980 3,149,113 6,228,298 8,104,300 1,273,111 Dumas Bay Centre 1,710,510 1,155,846 764,097 ZIOZ259 792,696 773,784 2,121,171 Internal Service Funds: Risk Management 1,516,845 2,307,763 2,657,763 1,166,845 2,120,877 2,329,131 958,591 Information Technology 4,260,137 3,684,045 4,276,429 3,667,753 3,514,145 3,618,841 3,563,057 Mail & Duplication 279,203 135,947 154,901 260,249 135,947 161,901 234,295 Fleet & Equipment 8,54261 2,550,039 4,959,137 6,139,163 2,399,475 1,711,734 6,826,904 Buildings & Furnishings 2,115,458 1,328,099 1,389,772 Z053,785 603,099 664,772 1,992,112 Health Insurance 3,660,088 4,956,000 5,256,726 3,359,362 4,956,000 5,256,726 3,058,636 Unemployment Insurance 251036 - 70.0001 18ZO36 - 70,000 II2,036 Grand Total All Funds S 107,869,976 S 153,108,665 S 196,051,249 1 S 64,927,393 S 182,063,428 S 188, 95,003 S 58,695,819 Ordinance No. 24- Page 6 of 9 Rev 1 /22 EXHIBIT D 2023.2024 Amended Budget #3 2023 2024 Fund egionmg Beginning FundEnding Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 27,350,553 S 62,582,016 79,829,511 10,103,039 S 61,774,549 S 62,877,587 9,000,000 Special Revenue Funds: Street 359,430 6,011,404 5,870,704 500,130 5,611,409 5,611,409 500,130 Arterial Street 998,845 1,50,000 2,461,845 100,000 1,563,000 1,563,000 100,001 Utility Tax 4,646,109 12,449,431 12,305,797 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax - Affid. & Supprt. Housing 148,016 125,000 134,000 139,016 125,000 125,000 139,016 Solid Waste/Recycling 395,459 735,799 739,197 392,061 793,797 725,940 459,919 Special Contract/Studies 987,302 - 50,000 937,302 400,000 537,302 Hotel/Motel Lodging Tax 1,868,015 293,000 150,000 2,011,015 308,000 65,000 2,254,015 Community Center 1,737,273 2,280,376 2,459,891 1,557,756 2,306,857 2,306,857 1,557,756 Traffic Safety Fund 2,493,443 3,800,000 3,871,735 2,421,708 3,060,000 4,272,419 1,209,290 Utility Tax Proposition 1 1,571,054 3,900,820 4,471,873 1,000,000 4,603,704 4,603,704 1,000,000 Performing Arts & Event Center 873,936 2,767,767 2,983,359 658,344 2,259,757 2,483,359 434,743 Community Development Block Grant 25,107 901,191 901,191 25,107 789,717 789,717 25,106 Solid Waste 10%Utility Tax 1,02,240 2,200,000 3,680,166 152,074 2,300,000 2,300,000 152,074 Paths and Trails 1,888,688 170,600 401,376 1,657,912 172,216 600,000 1,230,128 Technology 459,999 149,250 84,350 524,899 149,250 187,000 487,149 Jail Service 7,260 4,292,740 4,300,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,002,082 - - 3,002,082 - 3,002,082 Parks Reserve 1,133,157 5,000 1,138,157 5,000 1,143,157 Debt Service Fund (1,366,565) 3,829,248 2,461,368 1;315 2,446,459 2,446,459 1,315 Capital Project Funds: Real Estate Excise Tax 3,217,658 4,521,000 6,055,343 1,683,315 5,576,000 5,788,245 1,471,070 Downtown Redevelopment 4,499,350 1,000,000 3,463,669 2,035,681 - 150,000 1,885,681 Municipal Facilities 175,507 - 175,507 175,507 Parks 2,032,064 683,816 1,258,040 1,457,840 767,000 767,000 1,457,840 Surface Water Management 4,570,673 3,293,885 7,082,179 782,379 1,556,230 1,805,271 533,336 Transportation 15,939,217 24,244,248 38,604,114 1,579,351 60,727,649 62,307,000 (0) Capital Project Reserve 370,341 - 310,343 370,343 Enterprise Fund: Surface Water Management 4,511,222 7,562,395 7,763,379 4,310,238 6,320,939 9,090,691 1,540,486 Dumas Bay Centre 1,710,510 1,355,846 864,097 2,202,259 792,696 773,784 2,221,171 Internal Service Funds: Risk Management 1,516,845 2,307,763 2,657,763 1,166,845 2,538,083 3,104,928 600,000 Information Technology 4,260,137 31684,045 3,806,929 4,137,253 3,514,145 4,392,191 3,259,207 Mail & Duplication 279,203 135,947 164,901 250,249 135,947 161,901 224,295 Fleet & Equipment 8,548,261 2,635,039 5,980,818 5,202,482 2,399,475 2,878,734 4,723,223 Buildings & Furnishings Health Insurance 2,115,458 3,660,088 1,336,099 5,414,000 1,389,772 5,714,726 2,061,785 3,359,362 603,099 4,956,000 664,772 5,256,726 2,000,112 3,058,636 Unemployment Insurance 252.036 162.964 95.000 320,000 - 70,000 250 000 Grand Total AU Funds $ 107,869,976 S 166,393,691 $ 212,057,118 S 62,206,550 $ 192,638,542 S 206„341,003 S 48,504,099. Ordinance No. 24- Page 7 of 9 Rev 1 /22 LNHIBITE 2023-2024 .Amended Budget #4 2023 2024 Beginning Fund Beginning Fund Finding Fund Fund Balance Revenue Fxpenditure Balance Revenue Expenditure Balance General Fund S 27,350,553 S 62,582,016 S 79,829,531 S 21,809,705 S 62,539,549 S 75,187,438 S 9,161,816 Special Revenue Funds: Street 359,430 6,011,404 5,870,704 627,961 5,611,409 5,642245 597,124 Arterial Street 998,845 1,563,000 2,461,845 980,434 1,563,000 1,563,000 980,434 Utility Tax 4,616,109 12,449,431 12,305,797 8,180,988 11,782,564 15,072,308 4,891,245 Sales/Use Tax- Affrd.&Supprt. Housing • 148,016 125,000 134,000 145,923 125,000 125,000 145,923 Solid Waste/Recycling 395,459 735,799 739,197 458,902 793,797 725,940 526,759 Special Contract/Studies 987,302 50,000 1,035,702 - 400,000 635,702 HoteVMotelLodging Tax 1,868,015 293,000 150,000 2,080,525 308,000 65,000 2,323,525 Community Center 1,737,273 2280,376 2,459,893 1,768,436 2,306,857 2,306,857 1,768,436 Traffic Safety Fund 2,493,443 3,800,000 3,871,735 3,350,371 3,060,000 4,272,419 2,137,952 Utility TaxProposition 1 1,571,054 3,900,820 4,471,873 1,312,504 4,603,704 4,603,704 1,312,504 Perforating Arts & Event Center 873,936 2,767,767 2,983,359 791,463 2259,757 2,483,359 567,861 CorrununityDevelopment Block Grant 25,107 901,193 901,193 63,358 789,717 789,717 63,357 Solid Waste 10°/o Utility Tax 1,632,240 2200,000 3,680,166 1,448,966 2,300,000 2,300,000 1,448,%6 Paths and Trails 1,898,688 170,600 401,376 1,863,850 172,216 600,000 1,436,066 Technology 459,999 149,250 84,350 660,867 149,250 187,000 623,117 Jail Service 7,260 4,292,740 4,300,000 34,284 3,259,000 3,259,000 34,284 Strategic Reserve 3,002,082 - 3,002,082 3,002,082 Parks Reserve 1,133,157 5,000 1,133,157 5,000 1,138,157 Debt Service Fund (1,366,565) 3,829,248 2,461,368 (1,362,628) 3,809,087 2,446,459 Capital Project Funds: RealEstateExcise Tax 3217,658 4,521,000 6,055,343 2,560,202 5,576,000 5,788245 2,347,957 Downtown Redevelopment 4,499,350 1,000,000 3,463,669 5,327,997 150,000 5,177,997 Municipal Facilities 175,507 175,507 - 175,507 Parks 2,032,064 683,816 1,258,040 2,451,322 767,000 2,160,884 1,057,438 Surface Water Management 4,570,673 3293,885 7,082,179 6,322,537 2,671,528 7,185,731 1,808,334 Transportation 15,939,217 24244,248 38,604,114 14,736,122 75,115,034 89,594,377 256,779 Capital Project Reserve 370,343 - 370,343 370,343 Finterprise Fund: Surface Water Management 4,511,222 7,562,395 7,763,379 5,744,156 6,320,939 9,090,691 2,974,404 Dumas Bay Centre 1,710,510 1,355,846 864,097 2,197,592 792,696 773,784 2,216,504 Internal Service Funds: RiskManagement 1,516,845 2,307,763 2,657,763 1,760,850 2,538,083 3,104,928 1,194,005 Information Technology 4260,137 3,694,045 3,806,929 4,288,639 3,514,145 4,392,191 3,410,593 Mail & Duplication 279,203 135,947 164,901 274,203 135,947 161,901 248,249 Fleet & Equipment 8,548,261 2,635,039 5,980,818 8,159,943 2,399,475 4,558,015 6,001,403 Buildings & Furnishings 2,115,458 1,336,099 1,389,772 Z71ZI41 603,099 664,772 2,650,468 Health Insurance 3,660,088 5,414,000 5,714,726 4,020,794 4,956,000 5,256,726 3,720,068 Unemployment Insurance 25ZO36 162,964 95,000 346,769 70,0001 276,769 Grand Tolal All Funds S 107,869,976 S 166,393,691 S 212,057,118 S 110,835,966 S 210,827,853 S 254,981,690 1 S 66,682,129 Ordinance No. 24 Page 8 of 9 Rev 1/22 ECHIBITF 2023.2024 Proposed. Amended Budget #5 2023 2024 Beginning Fund Beginning Fund Fnding Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 27,350,553 ; 62,582,016 S 79,829,531 $ 21,809,705 $ 63,859,549 S 76,522,438 S 9,146,816 Special Revenue Funds: Street 359,430 6,011,404 5,870,704 627,961 5,611,409 5,642,245 597,124 Arterial Street 998,945 1,563,000 2,461,845 980,434 1,668,000 2,435253 213,181 Utility Tax 4,646,109 12,449,431 12,305,797 8,180,988 12,282,564 15,572,308 4,891,245 Sales/Use Tax- Affrd. & Supprt. Housing 148,016 125,000 134,000 145,923 125,000 131,715 139,208 Solid Waste/Recycling 395,459 735,799 739,197 458,902 793,797 725,940 526,759 Special Contract/Studies 987,302 50,000 1,035,702 400,000 635,702 HoteVMotel Lodging Tax 1,868,015 293,000 150,000 2,080,525 308,000 165,000 2,223,525 Community Center 1,737,273 2,280,376 2,459,893 1,768,436 2,306,857 2,306,857 1,768,436 Traffic Safety Fund 2,493,443 3,800,000 3,871,735 3,350,371 3,060,000 4,272,419 2,137,952 Utility TaxProposition 1 1,571,054 3,900,820 4,471,873 1,312,504 4,603,704 4,603,704 1,312,504 Performing Arts & Event Center 873,936 2,767,767 2,983,359 791,463 3200,570 3,498,853 493,180 Community Development Block Grant 25,107 901,19) 901,193 63,358 789,717 789,717 63,357 Solid Waste 10% Utility Tax 1,632,240 2200,000 3,680,166 1,448,966 2,300,000 3,557,025 191,941 Paths and Trails 1,888,688 170,600 401,376 1,863,850 174216 630,000 1,406,066 Technology 459,999 149,250 84,350 660,867 149,250 187,000 623,117 Jail Service 7,260 4292,140 4,300,000 34,284 4294,000 4294,000 34,284 Strategic Reserve 3,002,082 - 3,002,082 3,002,082 Parks Reserve 1,133,157 5,000 1,133,157 5,000 1,138,157 Debt Service Fund (1,366,565) 3,829,248 2,461,368 (1,362,628) 3,824,087 2,461,459 Capital Project Funds: Real Estate Excise Tax 3217,658 4,521,000 6,055,343 Z560202 5,576,000 5,788245 2,347,957 Downtown Redevelopment 4,499,350 1,000,000 3,463,669 5,327,997 505,000 4,822,997 Municipal Facilities 175,507 - 175,507 175,507 Parks Z03ZO64 683,816 1,258,040 2,451,322 856,683 2,250,567 1,057,438 Surface Water Management 4,570,673 3,293,885 7,082,179 6,322,537 2,671,528 8,943,810 50,255 Transportation 15,939,217 24,244,248 38,604,114 15,361,122 84,460,934 98,474,108 1,347,848 Capital Project Reserve 370,343 370,343 370,343 Fnterprise Fund: - Surface Water Management 4,511,222 7,562,395 7,763,379 5,744,156 6,320,939 9,090,691 2,974,404 Dumas Bay Centre 1,710,510 1,355,846 864,097 2,197,592 1,003,100 1,054,387 -2,146,305 Internal Service Funds: Risk Management 1,516,845 2,307,763 2,657,763 1,760,850 2,538,083 3,104,928 1,194,005 Information Technology 4260,137 3,694,045 3,806,929 4,288,639 3,514,145 4,392,191 3,410,593 Mail & Duplication 279,203 135,947 164,901 274,203 135,947 161,901 248,249 Fleet & Equipment 8,548,261 2,635,039 5,980,818 8,159,943 2,429,475 4,643,191 5,946,227 Buildings&Furnishings 2,115,458 1,336,099 1,389,772 2,712,141 603,099 664,772 2,650,468 Health Insurance 3,660,088 5,414,000 5,714,726 4,020,794 4,956,000 5,256,726 3,720,068 Unemployment Insurance 252,036 161964 95,0001 346,769 - 70,000 276,769 [Grand Tolal All Funds S 107,869,976 S 166)93,691 S 212,057,118 1 S 111,460,966 S 224,419,553 S 272,596,449 S 63,284,070 Ordinance No. 24- Page 9 of 9 Rev 1 /22 10c COUNCIL MEETING DATE: August 13, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: SETTING MUNICIPAL COURT JUDGE SALARY POLICY QUESTION: Should the City Council set municipal &urt judge salaries to be 100 percent of district court judge salaries as established by the Washington Citizens' Commission on Salaries for Elected Officials? COMMITTEE: FEDRAC MEETING DATE: July 23, 2024 CATEGORY: ❑ Consent Z Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Brian Davis, City Administrator Attachments: 1. Staff Report 2. Ordinance ❑ Public Hearing ❑ Other DEPT: Mayor's Office Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 71$ 2`1 4DIRECTOR APPROVAL: 7 &21 Committee Co src4 Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading on August 13, 2024. C mmittee Chair CoFhmittee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (AUGUST 13): "I move to forward the proposed ordinance to the September 3, 2024 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (SEPTEMBER 3): "I move approval of the proposed ordinance. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ❑ ACTION: APPROVED COUNCIL BILL # ❑ DENIED First reading 0$•13-1024 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1 ]/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 8, 2024 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: Municipal County Judge Salary Increase Financial Impacts: Impact to the General Fund will be an increase of $24,210 toward employee salary and benefits. Cost of living increases will be incorporated annually as with all other employee salaries. Background Information: After carefully taking a look at the workload and complexity of the Federal Way municipal court judges' duties, the mayor has determined that the nature of their work is substantially similar to that of a district court judge. Therefore, Mayor Ferrell is recommending that our municipal court judges be compensated the same as, district court judges. Because Federal Way Municipal Code 2.29.050 states that "the annual salary [of municipal court judges] shall be... 95 percent of district court judges' salary... as set by the State Salary Commission," the code must be changed in order to increase the judges' compensation. The Mayor recommends amending the code so that our municipal court judges are compensated at 100 percent of district court judges' salary. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the salary of municipal court judges; amending FWRC 2.29.050 (Amending Ordinance Nos. 99-339, 01-397, 05-484, and 05-494). WHEREAS, RCW 3.50.080 requires that the salaries of municipal courtjudges be fixed by ordinance; and WHEREAS, the Washington State constitution as amended in 1986 creates an independent citizen commission to set the salaries of the state's elected officials, including district court judge salaries; and WHEREAS, FWRC 2.29.050(10) currently sets City of Federal Way municipal courtjudge salaries at 95% of district court judge salaries; and WHEREAS, the City Council finds that the duties of judge in the Federal Way municipal court to be substantially equivalent to those of district court judges. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.29.050(10) is hereby amended to read as follows: (10) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city council by ordinance. Commencing4aftuarf4,� July 1 2024, the annual salary shall be $1' 5,91 40, „hie ;rim 100 percent of district court judges' salary, and shall be maintained thereafter at 95 100 percent of the district court judges' salary as set by the State Salary Commission. The mMunicipal court judges shall receive the same benefits as the nonrepresented city employees. Ordinance No. 24- Page I of 3 Rev 1 /22 Section 2. Severabiiity. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2024. [signature page to follow] Ordinance No. 24- Page 2 of 3 Rev 1/22 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, MMC, CPRO, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 24- Page 3 of 3 Rev 1/22 COUNCIL MEETING DATE: August 13, 2024 ITEM #: 10d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: REVISING FWRC 8.50.010 PARKING RECREATIONAL VEHICLES ON CITY STREETS POLICY QUESTION: Should the City Council adopt the proposed ordinance amending FWRC 8.50.010? COMMITTEE: LUTC MEETING DATE: August 5, 2024 CATEGORY: Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent van Alstyne, Assistant City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1. MAYOR APPROVAL: 7 M 7 /9 DIRECTOR APPROVAL: Co mitt Cal ncil InitiallDaie IniiiWDa c InitialfDatc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on August 13, 2024� Lt;i{-h cwytendMzf4-, -io m\haw c,,homeaA;n2r At park 'in frc o--' , �a tnc� i,�nl�c t'ttt� of ine RV -Fcc 49 haul-S. o sni e Chair V&nyhittee'Meny6er Committe Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE 8/13/2024: "I move to forward the proposed ordinance to the September 3, 2024, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE 9/3/2024: "I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 18, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kent van Alstyne, Assistant City Attorney SUBJECT: Amendments to FWRC 8.50.010 Financial Inipacts: There are no anticipated financial impacts associated with the proposed code changes. Background Information: On March 5, 2024, the City Council passed Ordinance No. 24-983 — Relating to Parking of Recreational Vehicles on City Streets. That ordinance amended Chapter 8.50 FWRC to prohibit parking of recreational vehicles on City streets unless the recreational vehicle was parked adjacent to residentially zoned property. At the time of passage, several councilmembers expressed a desire to also prohibit parking of recreational vehicles on City streets in residentially zoned areas, in conjunction with additional amendments to the City's development code that would make regulation of parking recreational vehicles on private property in the City more permissive. This proposed ordinance would prohibit parking of recreational vehicles on City streets regardless of zone; it is a companion to another ordinance that amends regulations regarding parking of recreational vehicles on private property. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to recreational vehicles parking on city streets; amending FWRC 8.50.010. (Amending Ordinance No. 24-983). WHEREAS, the City of Federal Way is a non -charter code city under the law of the State of Washington and, as such, has the power to enact ordinances for the protection of the public health, safety and general welfare and for other purposes; and WHEREAS, some recreational vehicles currently park in various locations on city streets, including in residential areas, for extended periods of time; and WHEREAS, such prolonged parking of recreational vehicles is unnecessary in residential areas of the City given the City's permissive allowance for parking recreational vehicles on private property, can degrade the appearance of the City to residents and visitors, and contributes to parking and safety issues; and WHEREAS, the City Council for Federal Way finds it is in the best interest of city residents to update the Traffic and Vehicles Code, Title 8 FWRC to prohibit parking recreational vehicles on city streets generally, except for loading or unloading purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.50.010 is hereby amended to read as follows: 8.50.010 Parking recreational vehicles on city streets. (1) No person shall park a recreational vehicle on any portion of a street or alley in the city except when the recreational vehicle is parked on a portion of a street or alley adjacent to properjy owned or Ordinance No. 24- Page 1 of 3 Rev 1/22 occupied by the owner or operator of the recreational vehicle for the purpose of loading, unloading, or similar activities. preperty�e r, r� c � r � Recreational vehicles parked consistently with this section ma be parked for a maximum of 48 hours, and must still comply with all other parking regulations in FWRC and other applicable laws. (2) For the purposes of this section, "recreational vehicle" means a vehicle: (a) Built on a single chassis; (b) Four hundred square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 24- Page 2 of 3 Rev 1/22 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of .2024. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, MMC, CPRO, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 24- Page 3 of 3 Rev 1/22