Council PKT 07-20-2010 SpecialCITY OF
� Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hali
July 20, 2010
5:30 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. CHANGE OF GOVERNMENT
Amendments to Federal Way Revised Code (FWRC)
3. EXECUTIVE SESSION
• Property Acquisition pursuant to RCW 42.30.110(1)(c)
• Sale of Property pursuant to RCW 42.30.110(c)
4. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
� • ��ay �2�, ��o
COUNCIL MEETING DATE: .#a�g-6;�4�0 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 ( I) DIRECT TI-IE CITY ATTORNEY TO MODIFY CERTAIN
PROVISIONS OF THE FEDERAL WAY REVISED CODE AS HOUSEKEEPING TO REFLECT THE TRANSITION TO AN
ELEC"I'Ell MAYOR; AND (2) DIRECT THE CITY ATTORNEY TO MAKE SUBSTANTATIVE MODIFICATIONS TO THE
FEDERAL. ��I�AY REVISED CODE AS DISCUSSED TO REFLECT THE TRANSITION TO AN ELECTED MAYOR?
COMMITTEE: N/A
CATEGORY:
❑ Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE:
❑ Public Hearing
� Other
STAEF REPORT BY: Patricia Richardson City Attorney DEPT: Law
- ____. ..._---... ___ _.... . �_____ ---._...._ _ __ __._...._._. __.._ _.._.. ____.._.._ _... _......_ __ _____ _ ._..._.....
Attachments: Staff report
Options Considered:
1. Direct the City Attorney to make the proposed housekeeping modifications to
the Federal Way Revised Code to reflect the transition 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 R _l�f _ DIRECTOR APPROVAL
Committee Council
COMMITTEE RECOMMENDATION N/A
N � �
Committee Council
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: " I move approval of Option 1 to direct the City Attorney to make the
proposed housekeeping modifrcations to the Federal Way Revised Code and direct the Ciry �lttorney to make
the substantive modifrcations as discussed to reflect the transition to an elected mayor "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactmeot reading
❑ MOVF.D TO SECOND RE �DING (ordinances only) ORDINANCE #
REVISED— 02/06/2006 RESOLUTION #
CITY OF ��'�"~��
F@d ral 1l1�ay
CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE: JUNE 25. 2010
TO: COUNCIL MEMBERS
CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF � n
t<<�1.�
FROM: PATRICIA RICHARDSON, CITY ATTORNEY
SUBJECT: 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 reEerences to "City Manager". The amendment to the Code can be characterized
as: (1) housekeeping; or (2) substantive. This memorandum addresses both types for Council's consideraaon.
HOUSEKEEPING
Under housekeeping the term "Mayor" would replace "City Manager" to reflect the distinction of the
esecutive branch or the administrative acuons necessary to run the business of the City. The provisions are
as follows:
1.05.020 — DeFniuons section under "Enforcement Official" or "enforcement officer": designation — replace
"city manager" �vith "mayor"
130.040 — Ciry Clerk transmits notice of an initiative: replace "clt�� manager" ��ith "mayor"
135.050(3) — Annexation review committee: replace "city 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 oE Civil Service Commissions and Staff per State la�v:
replace "city manager" with "mayor"
2.50.040 — Appoint staff for Arts Commission: 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 "city manager" unth "mayor"
2.55.040 — Human Services Commission makes reports to_ replace "city manager" with "mayor"
2.60.0G0 — Rppoint staff to assist Youth Commission: replace "city manager" ivith "mayor"
2.G5.050 -- Appoint staff to assist Diversity Commission_ replace "city manager" with "mayor"
2.70.030 — Serve or appoint staff for Disability $oard: replace "city manager" �vith "mayor"
2.80.050(2) — Appoint staff for Independent Salary Coinmission: replace "city manager" �vith "mayor"
2.85.030(2) — Appolnt staff for Parks and Recreation Commission: replace "city manager" with "mayor"
3.05.010' — Designate other person instead of Finance Director on ta:ung issues: replace "ciry manager" �vith
«
mayor"
3.10.02Q(2) —"Designated officiaP' for utility tax purposes: replace "city manager" with "mayor"
320.020 — Enter into contract �vith Department of Revenue for leasehold escise taxes: rep}ace "city
manager" �vith "mayor"
335.090 — Enters mto contract with Departrnent of Revenue for sales and ase tases: replace "city manager"
�vith "mayor"
3.45A30(2) — Present biennial budget: replace "city manager" �vith "mayor"
3.50.010(3) — Risk I�'Ianagement fund administrauon responsibility: replace "city manager" w "may�or"
3.50.020(3} — Arterial street fund administration responsibility: replace "city> manager" �vith "rnayor"
3.50.030(3} — General Eund administration responsibility_ replace "city manager" �vith "mayor"
3.50.040(3) — Street fund administration responsibility: replace "city manager" �vith "mayor"
3.50.080(3) — Real estate escise tax fund administration responsibility: replace "ciry manager" with "mayor"
3.50.090(3) — Second real estate excise tax fund administration responsibility: replace "city manager" �vith
"mayor"
3.50.100(3) — Government grants fund administration responsibility: replace "city manager" with "mayor"
3.50.110(3) — Communiry development block grant fund administration responsibility: replace "city
manager" with "mayor"
3.50.120(3) — Path and trails reserve fund administration xesponsibilit��: replace "city manager" �vith "mayor"
3.50.130(3) — Surface �vater management fund administration responsibility: replace "ciry manager" �vith
«
mayor"
' Defuution of "Direaor" needs to be modified, as "Director of �tanagement Services" is no longer a posidon.
2
3.50.140(3) — Councilmanic debt service fund administrauon 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.SQ200(3) — Capital project fund administration responsibility: replace "city manager" with "mayor"
3.50.210(3) — Deferred Compensation fund administration responsibiltty: replace "city manager" w
« ,>
mayor
3.50.220(2) — InvestmenE control fund administration responsibility: replace "city manager" with "mayor"
3.50.230(2) — Fees and ta:ces clearing fund administraaon responsibility: replace "city manager" �vith "ma5�or"
3.50.240(3) — Donation fund administration responsibility: replace "city manager" �vith "mayor"
3.50250(3) — Impact fee fund administration responsibility: replace "city manager" �vith "mayor"
3.50260(3) — Payroll clearing fund administration responsibility: replace "ciry manager" with "mayor"
3.50.270(3) — Strategic reserve Eund administrauon responsibiliry: replace "city manager" with "mayor"
3.50.280(3) — Solid waste/rerycling fund administration responsibility: replace "city manager" with "mayor"
3.50.290(3) — Special contracts/studies fund admiriistration responsibility: replace "ciry managez" with
"mayot"
3.50300(3) — Parks capital project fund administrauon responsibility: replace "city manager" with "mayor"
3.50310(3)-- SIvNV capital project fund administration responsibility: replace "city manager" with "mayor"
350.320(3) - Traffic capital project fund administration responsibility: replace "ciry manager" with "ma}�or"
3.50330(3} — Street capital pro)ect fund administrauon responsibility: replace "city manager" �vith "ma,yor"
3.50340(3) — Retreat center fund administrauon responsibility: replace "city manager" with "mayor"
350.350(3) — Strategic airport reserve fund administrauon responsibility: replace "city manager" with
mayor"
3.50.360 — Interfund loan: replace "ciry manager" �vith "mayor'_'
0
3.50.380 — Adcliuonal authoriry interfund loan: replace "ciry manager" with "mayor"
3.50390(3) — Traffic safety fund administration responsibility: replace "city manager" with "mayor" -
6.10110 — Heating esaminer 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 �vith tov�nng companies for City directed vehicle impounds: replace
"ciry manager" �vith "mayor"
830.040 — Cause posting of road signs (speed): replace "city manager" with "mayor"
I2.25.090(6) — Approve temporary businesses on public property: teplace "city manager" �vith "mayor"
19.40.050 — Adopt preapplicauon administrauve guidelines: replace "city manager" �,vith "mayor"
19.G0.030 — Appoint employees or individuaIs for site plan review: replace "city manager" with "ma��or"
19.80.050(3) — Council request informauon on Comprehensive Plan Amendments: replace "city manager"
�vith "mayor"
1995.090(1) — Execute interlocal agreement �vith School District if approved by Clty Council_ replace
"cic�-manager" with "mayor"
SUBSTANTIVE
1.0�.020 — Definitions. r'1dd "mayor" to dehnitions similar as citj� council:
`L`Llayor"means the mayor of the City of Federal ��Vap, ��lashington, acting in his/her official
capacity_
Ditection to City Attotney
Insett proposed language in FWRC
Other
1.15.080(2) — Waiver of abatement costs when abatement done and show financial hardship. City Manager
currently authorized. StafE recommends the authority remain in operations — replac.e `'city
manager" with "mayor".
Direction 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 determination; 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 Superior Court.
The attached table shows that those responding jurisdictions with an unfit structure/premises
process designate the Building Official as the first step to make the official determinatiori and
the Hearing Examiner then hearing the appeai. Staff recommends modifying the Code to
reflect the pracuce of most jurisdictions: Building OfEieial makes determination 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 "city manager and/or ciry council" in accordance with State law
Direction to City Attorney
Replace "city manager" with "mayor"
Other
229.070 — 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 la�v for the preparation and
recommendation of the city budget, which includes the court. In a� effort to reconcile the t�vo
provisions, below is the proposed modification:
Coutt operation.
As part of an� budgetary presentation, the Presiding�udge and/or designee �vill
�rovide the Mayor and/or designee a suggested budget for the court as gart of the
bud$eting �rocess. The Ma�or and/or designee will consider the court's suggested
budget as part of the Ma�or's budget recommendation to the city council. The budget
for the municipal court shall be approved by the city council. All employees oE thc
municipal court shall, for all purposes, be deemed employees of the city. The} shall be
subject to applicable provisions oE 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 oE Hearing Officer state "Hearing Examiner"
Direcrion to City Attorney
Replace "city manager" with Hearing Examiner to be consistent
Replace "city manager" �vith "Mayor"
K:\cm\electedmayor\staffrpt\revise code
; , - .
CIVIL ENFORCEMENT
RCW 35_80
UNFIT DWELLINGS, STRUCTURES AND BUILDINGS
Reference to RCW 35.80 enforcement rocess found in code
Jurisdiction Official who makes
determination
L Buildin Official
Olympia Building Official
Tukwila Code Enforcement Officer
Renton Director Code Enforcement
Tacoma Building Official/Hearing
Examiner
K:\cmlelected mayor\code revisions\unfit bldg table(2}
Appeal to:
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Board of Appeals (citizens)