Council PKT 07-06-2010 SpecialCRY OF
� Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Councii Chambers - City Hall
July 6, 2010
5:30 pm
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. COMMISSION INTERVIEWS: Diversity Commission
3. CHANGE OF GOVERNMENT :
a. Confirmation of Designated Positions, Purchasing Policies.
b. FWRC Update
4. EXECUTIVE SESSION
• Property Acquisition pursuant to RCW 42.30.110(1)(c)
• Collective Bargaining pursuant to RCW 42.30.140(4)(b)
5. ADJOURNMENT
COUNCIL MEETING DATE: Juty 6, 2010 Study Session
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: FOLLOW UP TO MAY 4, 2010 STUDY SESSION
POLICY QUESTION: SHOULD THE CITY COUNCIL: (1) CONFIRM THE PROPOSED MODIFIED LANGUAGE FOR
COUNCIL TO CONFIRM APPOINTMENTS OF DESIGNATED POSITIONS; AND (2) SHOULD THE CITY COUNCIL DIRECT
THE CITY ATTORNEY TO MODIFY COUNCIL' S PURCHASING POLICES`?
COMMITTEE: n/a
CATEGORY:
❑ Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE:
❑ Public Hearing
� Other
STAFF REPORT BY: Patricia Richardson, Cit Attorne DEPT: Law
__ _........___....... __ _Y. . ._._.. Y.... _... . _ ...... ..............._._ .. . ......... . . . .
Attachments: Staff report
Options Considered: 1. Confirm the proposed modified language for Council confirmation of designated
positions.
2. Modify the proposed modified language for Council confirmation of designated
positions.
a. Modify Council's Purchasing Policies as directed.
b. Do not modify Council's Purchasing Policies.
STAFF RECOMMENDATION: n/a
CITY MANAGER APPROVAL: �� (/�1' _ DIRECTOR APPROVAL:
Committee Councii
COMMITTEE RECOMMENDATION: N/A
C�om�mittee Council
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION `7 move approval of Options (number) and (letter) "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ardinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
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CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE: JUNE 24, 2010
TO: CITY COUNCIL MEMBERS
CG: BRIAN WILSON, CITY MANAGER/POLICE CHIEF �
FROM: PATRICIA RICHARDSON, CITY ATTORNEY �
SUBJECT: FOLLOW-UP FROM MAY 4, 2010 STUDY SESSION
VERFIY MODIFICATION OF CONFIRMATION LANGUAGE
At the May 4, 2010 Study Sessian, the City Council suggested addirional modifications to the language in the
Federal Way Revised Code regarding the Council's conFirmation criteria far designated positions. Before
placing the language in a proposed ordinance, the City Attorney is seeking verification of the following
language:
2.10.13 Rules for Apuointing Officers.
The Department officers and administrators identified by the City Council shall be appointed by the
Mayor and subject to confirmation by a majority of the members of the City Council. If the Council
shall refuse to confirm any such nomination of the Mayor, then the Mayor shall appoint another
person to fill the office, and the Mayor may continue to appoint until the appointee is confirmed.
The Mayor shall present information of the proposed appointrnent seeking confirmation at a
regularly scheduled council meeting. Following the Mayor's presentation the Council shall have up
to two regularly scheduled council meetings to act upon the Mayor's appointrnent, but should the
Council fail to act within that period of time, the appointrnent will be deemed confirmed. The Mayor
shall have the ability to make � short term appointments those for up to six months in
duration without Council confirmation. The Citv Council ma� authorize extensions of the short
term a�ointments u�on the Ma�or's rec�uest.
Direction to the Ci� Attorne�
Incorporate the above language into the Federal Way Revised Code
Modify as directed
PROFESSI�NAL SERVICES AGREEMENTS
ARCHITECTS AND ENGINEERS
PROCESS FOR PUBLIC WORKS PROJECTS
On May 4�h the flow chart showing the internal steps for select�ng architects and/or engineers was insufficient
to read. Below is a description of the flow chart steps from the Purchasing Policies.
1. Select Contractor Fxom Small Works Roster.
For Public Works projects of $300,000 or less, state law provides for a small works roster process to award
the contract. The small works roster process involves soliciting interest in types of projects and creating a
roster of those qualified responders. The City contracts the small works roster with Municipal Research
Services Center, and can select from their roster, which is more extensive. When an architect or engineer is
needed the City can select three on the list to evaluate and interview for the selection process.
The City's Purchasing Policies require the selection of at least three responders on the roster for a committee
to evaluate the qualifications and select a contractor. Once the contractor is tentatively selected, Staff further
refines the scope of work and negotiates the price as required by state law.
The documentation regarding the selection process and the criteria used to select a contractor is submitted to
the Finance Department for audit files.
2. Select Contractor for Public Works Project Over $300,000.
For Public Works projects over $300,000, state la�v requires a formalized campetitive hidding process. The
professional services agreements for architects and engineers Eor a public works project req�iiring competitive
bidding remains under the criteria of RCW 39.80. This means that the advertisement seeking bidders cannot
state a dollar amount even though the budget for the project has an estimated amount for the services.
After the City Council has authorized the project, the Ciry's Purchasing Policies require Staff to advertise the
need for the architect or engineer. Responses to the advertisement must be submitted as directed in the
documents and by the deadline. There should be no exceptions in order to maintain the integrity of the
process. Staff then will evaluate all responses to narrow the field for interviews. The criteria used for the
evaluation is objective and Staff is required to document the evaluations. Once the field has been narrowed,
Staff conducts interviews to further evaluate the candidates and select a fmal candidate. Before negotiating
the contract with the architect or engineer, the Purchasing Policies can be amended to direct Staff to
present the selected finalist to the Land Use/Transportation Council Committee for informarion.
Next Staff would negotiate the scope of work and the contract price.l
The documentation of the selecrion process is submitted to the Finance Department for retention for the
audit files.
For transportation projects, the first professional services agreement is usually for the design of the project.
The contractor's design is presented to the City Council in various stages: 30% complete, 85% complete, and
100% complete. After Council approves the project design, Staff advertises for the construction of the
project. This type of advertisement requires significant documentarion regaxding the details of the project
1 The words in bold describe an additional step that could be added to the Purchasing Policies.
and asks the bidders to submit a sealed bid in a certain format, by a specific deadline, and include the dollar
amount sought to do the work. At a specified date, time and place the bids are opened and the dollar
amounts are disclosed. Staff then reviews and evaluates each response in accordance with the objective
criteria set forth in the bidding documents. State law requires that the lowest responsible bidder be selected
to construct the project.
After the contractor is selected to construct the project, Staff advertises for an engineer to manage the
construction project ("Project Manager") subject to RCW 39.80. The same format for the design engineer is
the same for the project manager. The actual cost cannot be negotiated until after the selection. Before
negotiating the contract with the engineer, the Purchasing Policies can be amended to direct Staff to
return to the Land Use/Transportation Council Committee to inform Council of the finalist?
Again, the documentation for the selection process is submitted to the Finance Department for retenrion for
the audit files.
During the life of any contract the vouchers are presented at FEDRr1C far Council review and approval, and
placed under Consent at the City Council meetings. Once Council approves the vouchers Staff issues the
payment.
Direction to the City Attorney
Mod� the Purcba.ring Police�� to include the bolded language.
Do not mod� the Purchasing Police.r in regarc�r to architect and engineer profer.rional ,rervicer agreement,r.
Mod� the Purcha.ring Policzes a,c cZirecte�l
K:\cm\elected mayor\staff reports\follow-up\5-4
2 The woxds in bold describe an additional step that could be added to the Purchasing Policies
COUNCIL MEETING DATE: July 6, 2010 Study Session
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: UPDATE THE FEDERAL WAY REVISED CODE TO REFLECT TRANSITION TO ELECTED MAYOR
POLICY QUESTION: SHOULD THE CITY COUNCIL (1) DIRECT THE CITY ATTORNEY TO MODIFY CERTAIN
PROVISIONS OF THE FEDERAL WAY REVISED CODE AS HOUSEKEEPING TO REFLECT THE TRANSITION TO AN
ELECTED MAYOR; AND (2) DIRECT THE CITY ATTORNEY TO MAKE SUBSTANTATIVE MODIFICATIONS TO THE
FEDERAL WAY REVISED CODE AS DISCUSSED TO REFLECT THE TRANSITION TO AN ELECTED MAYOR?
COMMITTEE: N/A
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPORT BY: Patricia Richardson
Attachments: Staff report
Options Considered:
� �
Ordinance
MEETING DATE:
❑ Public Hearing
Resolution � Other
+�....o., DEPT: Law
1. Direct the City Attorney to make the proposed housekeeping modifications to
the Federai Way Revised Code to reflect the transitian to the elected mayor.
2. Direct the City Attorney to make the substantive modifications to the Federal
Way Revised Code to reflect the transition to the elected mayor.
3. Direct the City Attorney to modify the Federal Way Revised Code as discussed.
STAFF RECOMMENDATION:
CITY MANAGER APPROVAL: N {� _1�
Committee Council
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL: N � �Pn�
Committee Council
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION `7 move approval of Option 1 to direct the City Attorney to make the
proposed housekeeping modifications to the Federal Way Revised Code and direct the City Attorney to make
the substantive modifications as discussed to reflect the transition to an elected mayor "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
C 17Y O F �'����"%'
CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE: JLTNE 25, 2010
TO: COLTNCIL MEMBERS
CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF �^
FROM: PATRICIA RICHARDSON, CITY ATTORNEY
C��
SUB3ECT: SECTIONS OF THE FEDERAL WAY REVISED CODE THAT REFERENCE "CITY MANAGER"
The final step in regards to the documentation for the transition is the revision of the Federal Way Revised
Code ("Code") that contain references to "City NEanager". The amendment to the Code can be characterized
as: (1) hausekeeping; ar(2) substantive. This memorandum addresses both rypes for Council's considerarion.
HOUSEKEEPING
Under housekeeping the term "Mayor" would replace "City Manager" to reflect the disrinction of the
eYecutive branch or the administrative actions necessary to run the business of the City. The provisions are
as follows:
1.05.020 — Definitions section under "Enforcement Official" or "enforcement officer": designation — replace
"city manager" with "mayor"
1.30.040 — City Clerk transmits notice of an initiative: replace "city manager" with "mayor"
1.35.050(3) — Annexation review committee: replace "ciry manager" with "mayor"
2.05.060 — Recommendation that the City defend officials and employee(s): replace "city manager" with
"mayor"
2.45.020, 2.45.050, 2.45.080 — appointment/removal of Civil Service Commissions and Staff per State law:
replace "city manager" with "mayor"
2.50.040 — Appoint staff for Arts Coinmission: replace "city manager" with "mayor"
2.55.010 — Human Services Commission advisory capacity: replace "city manager" with "mayor"
2.55.030 — Appoint staff for Human Services Commission: replace "ciry manager" with "mayor"
2.55.040 — Human Services Commission makes reports to: replace "city manager" with "mayor"
2.60.060 — Appoint staff to assist Youth Commission: replace "city manager" with "mayor"
2.65.050 — Appoint staff to assist Diversity Commission: replace "city manager" with "mayor"
2J0.030 — Serve or appoint staff for Disability Board: replace "city manager" with "mayor"
2.80.050(2) — Appoint staff for Independent Salary Commission: replace "city manager" with "mayor"
2.85.030(2) — Appoint staff for Parks and Recreation Commission: replace "city manager" with "mayor"
3.d5.010' — Designate other person instead of Finance Director on ta�ng issues: replace "city manager" with
"mayor"
3.10.020(2) —"Designated official" for utility taY purposes: replace "city manager" with "mayor"
3.20.020 — Entex into contract with Department of Revenue far leasehold escise taxes: replace "city
manager" with "mayor"
335.090 — Enters into contract with Department of Revenue for sales and use tases: replace "city manager"
with "mayor"
3.45.030(2) — Present biennial budget: replace "city manager" �vith "mayor"
3.50.010(3} — Risk l�lanagement fund administration responsibilitg: replace "city manager" w "may or"
3.50.020(�} — rlrterial street fund administration responsibility: replace "city manager" with "mayor"
3.50.030(3) — General fund administrarion responsibility: replace "city manager" with "mayor"
3.50.040(3) — Street fund administrauon responsibility: replace "city manager" with "mayor"
3.50.080(3) — Real estate excise tax fund administration responsibility: replace "ciry manager" with "mayor"
3.50.090(3) — Second real estate excise tax fund administration responsibility: replace "ciry manager" with
« „
mayor
3.50.100(3) — Government grants fund administration responsibility: replace "city manager" with "mayor"
3.50.110(3) — Community development block grant fund adininistration responsibiliry: replace "city
manager" with "mayor"
3.50.120(3) — Path and trails reserve fund administration responsibility: replace "city manager" with "mayor"
3.50.130(3) — Surface water management fund administration Yesponsibility: replace "city manager" with
"mayor"
� Definition of "Director" needs to be modified, as "Director of Management Services" is no longer a posirion.
2
3.50.140(3) — Councilmanic debt service fund administration responsibility: replace "city manager" with
"mayor"
3.50.150(3) — Data processing fund administration responsibility: replace "city manager" with "mayor"
3.50.160(3) — Support services fund administration responsibility: replace "city manager" with "mayor"
3.50.170(3) — Fleet and equipment fund administration responsibility: replace "city manager" with "mayor"
3.50.180(3) — Building and furnishings fund administration responsibility: replace "city manager" with
"mayor"
3.50.190(3) — Retirement system fund administration responsibility: replace "city manager" with "mayor"
3.50.200(3) — Capital project fund administration responsibility: replace "city manager" with "mayor"
3.50.210(3) — Deferred Compensation fund administration responsibility: replace "city manager" �vith
"mayor"
3.50220(2) — Investment control fund administration responsibility: replace "city manager" with "mayor"
3.50.230(2� — Fees and taYes clearing fund administration responsibility: replace "city manager" �vith "mayar"
3.50.240(3) — Donation fund administration responsibiliry: replace "ciry manager" with "mayor"
3.50.25Q(3) — Impact fee fund administration responsibility: replace "ciry manager" �vith "may or"
3.50.260(3) — Payroll clearing fund administrauon responsibility: replace "city manager" with "mayor"
3.50.270(3) — Strategic reserve fund administration responsibility: replace "ciry manager" with "mayor"
3.50.280(3) — Solid waste/recycling fund administration responsibility: replace "ciry manager" with "mayor".
3.50.290(3) — Special contracts/studies fund administrarion responsibility: replace "city manager" with
"mayor"
3.50.300(3) — Parks capital project fund administration responsibility: replace "city manager" with "mayor"
3.50.310(3) — SMW capital project fund administration responsibility: replace "city manager" with "mayor"
3.50320(3) — Traffic capital project fund administration responsibility: replace "city manager" with "mayox"
3.50330(3) — Street capital project fund adininistration responsibility: replace "city manager" with "mayor"
3.50340(3) — Retreat center fund administration responsibility: replace "city manager" with "mayor"
3.50350(3) — Strategic airport reserve fund administration responsibility: replace "city manager" with
"mayor"
3.50.360 — Interfund loan: replace "city manager" with "mayor"
3
3.50.380 — Additional authority interfund loan: replace "ciry manager" with "mayor"
3.50.390(3) — Traffic safety fund administrauon responsibiliry: replace "city manager" with "mayor"
6.10.110 — Hearing examiner in drug forfeiture cases per State law: replace "city manager" with "mayor"
6.50.050 — Authorize use of City vehicles: replace "city manager" with "mayor"
8.15.090 — Seek and enter into contracts with towing companies for City directed vehicle impounds: replace
"city manager" with "mayor"
830.040 — Cause posting of road signs (speed): replace "city manager" with "mayor"
12.25.090(6) — Approve temporary businesses on public property: replace "city manager" with "mayor"
19.40.050 — Adopt preapplication administrative guidelines: replace "city manager" with "mayor"
19.60.030 — Appoint employees or individuals for site plan review: replace "city manager" with "mayor"
19.80.Q50(3) — Council request information on Comprehensive Plan �mendments: replace "ciry manager"
with "mayor"
19.95.090(1) — Execute interlocal agreement with School District if approved by City Council: replace
"citymanager" with "mayor"
SL`BSTANTIVE
1.05.020 — Definitions. r�dd "mayor" to definiuons similar as city councii:
`YVlayor"means the mayor of the City of Federal Way, Washington, acting in his/her official
capaciry.
Direcrion to City Attorney
Insert proposed language in FWRC
Other
1.15.080(2) — Waiver of abatement costs when abatement done and show fmancial hardship. City Manager
currendy authorized. Staff recommends the authority remain in operations — replace "city
manager" with "mayor".
Direcrion to City Attorney
Replace "city manager" with "mayor"
Other
4
1.15.160(2) —Appeals of unfit structures/premises. Administrative process per State law creates a two-step
process: (1) official deterinination; and (2) appeal. Currendy the Hearing Examiner makes the
official determination and the appeal comes before the City Manager. The City Manager's
decision can be appealed to Superiar Court.
The attached table shows that those responding jurisdicrions with an unfit structure/premises
process designate the Building Official as the first step to make the official determination and
the Hearing Examiner then hearing the appeal. Staff recommends modifying the Code to
reflect the practice of most jurisdictions: Building Official makes determinarion and Hearing
Examiner hears the appeal. The Mayor would not be a part of the process.
Direction to City Attorney
Modify the FWRC 1.15.160(2) in accordance with Staff recommendation.
Maintain the current process and replace "city manager" with "mayor"
Other
229.050(4) — additional judges determined by "citp manager and/or city council" in accordance with State law
Direction to City Attorney
Replace "city manager" with "mayor"
Other
2.29.070 — the judicial branch is responsible under court rules for the preparation of the court's budget, but
the executive branch (Mayor) is responsible under State law fot the preparauon and
recommendation of the city budget, which includes the court. In an effort to reconcile the two
provisions, below is the proposed modification:
Court operation.
As part of an� budgetar�presentation, the Presiding�udge and/or designee will
�rovide the Mayor and/or designee a suggested budget for the court as �art of the
budgeting�rocess. The Mavor and/or designee will consider the court's suggested
bud,get as �art of the Mayor's budget recommendation to the city council. The budget
for the municipal court shall be approved by the city council. All employees of the
municipal court shall, for all purposes, be deemed employees of the city. They shall be
subject to applicable provisions of city personnel guidelines, and state laws, such as
RCW 3.50.080.
Direction to City Attorney
Add the proposed language
Modify the proposed language.
7.03.020 — City Manager or designee act as hearing officer for public nuisances. This is inconsistent with the
office of Hearing Examiner, which is appointed by City Council and with the current practice.
Staff recommends that the definition of Hearing Officer state "Hearing Examiner"
Direcrion to City Attorney
Replace "city manager" with Hearing Examiner to be consistent
Replace "city manager" with "Mayor"
K:\cm\electedmayor\staffrpt\revise code
6
CIVIL ENFORCEMENT
RCW 35.80
UNFIT DWELLINGS, STRUCTURES AND BUILDINGS
Keierence to Kl: W.SJ.�U entorcement rocess iouna m coae
Jurisdiction Official who makes Appeal to:
determination
Lakewood Building Official Hearing Examiner
Olym ia Buildin Official Hearing Examiner
Tukwila Code Enforcement Officer Hearing Examiner
Renton Director Code Enforcement Hearin Examiner
Tacoma Building Official/Hearing Board of Appeals (citizens)
Examiner
K:\cm\elected mayar\code revisions\unfit bldg table(2}