The URL can be used to link to this page

Council PKT 07-20-2010 RegularUTY OP � Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 20, 2010 7:00 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. PROCLAMATION: 100 Years of Camp Fire ...page 3 b. Cascade Regional Blood Services c. Police Certificates of Merit d. Police Chiefs Citizen Commendation e. Puget Sound Regional Council f. Certificates of Appointment: Diversity Commission g. Certificates of Appointment: Ethics Board h. City Manager Emerging Issues / Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT !T TO THE CITY CLERK PRIOR TO SPEAK/NG. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. 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 — July 6, 2010 Special and Regular Meeting and July 7, 2010 Special Meeting...page a b. Northwest Playgrounds Retainage Release...paye �3 c. SiteLines Retainage Release...page �a d. Renewal & Extension of Red-Light Photo Enforcement Professional Services Agreement...Page �5 e. CB543 Amendments to Title 13 FWRC; Adoption of 2009 Construction Codes...page �s f. West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project — Bid Award...page 5� g. Department of Ecology Retrofit and LID Competitive Grant...page 54 h. Department of Ecology Stormwater Grant — 2012 Grant Funding Offer...page ss The Council may add items and take action on items not listed on the agenda. 6. COUNCIL BUSINESS a. RESOLUTION: Proposed Amendments to the Council Rules of Procedure Reflecting the Change to Mayor-Council form or Government...page 5s b. RESOLUTION: Proposed Amendments to Federal Way Code of Ethics...page �03 c. Grant Acceptance: King County Communities Putting Prevention to Work (CCPW) ...paye 123 � d. Proposed Extension Agreement with the Federal Way Police Lieutenant Association...page 165 e. CB544 Proposed Amendment to FWRC — Appeals of Hearing Examiner Decisions...page 168 An ordinance of the City of Federal Way, Washington, relating to Appeals of the Hearing Examiner Decision; amending FWRC 4.30.110; 12.05.210; 14.10.060; 19.70.010; 19.70.150; and repealing FWRC 12.05.230; 19.70.170; 19.70.180; 19.70.200; 19.70.210; 19.70.220; 19.70.230; and 19.70.250. f. World Championship of Sand Sculpture...page �83 7. INTRODUCTION / FIRST READING OF ORDINANCES a. C6545 Establishing Departments and Appointive Positions ...paye �85 An ordinance of the City Of Federal Way, Washington, establishing Departments and Appointive Positions subject to Council Confirmation; amending FWRC Title 2; and adding new sections to Title 2. b. C6546 Clarify the Time Frame for Council Action in Confirming Appointive Positions...page 200 An ordinance of the City Of Federal Way, Washington, relating to the Con�rmation Process of Mayoral Appointments for ldentified Appointive Positions; amending FWRC 2.10.13. 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION • Property Acquisition pursuant to RCW 42.30.110(1)(c) • Sale of Property pursuant to RCW 42.30.110(c) • Potential Litigation Pursuant to RCW 42.30.110(1)(i) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. � �Federal Way PROCLAMA TION Camp Fire USA — Celebrates 100 years WFIEREAS, Camp Fire USA ��as founded by Charlotte and Dr_ Lirther Gulick in 1910 as Camp Fire Girls, and was the first non-sectarian, interracial organization for girls in the United States Based on a commitment to the entire family, membership was expanded to include boys in 1975, and today, half of the membership is comprised of boys under the name of Camp Fire USA; and WHEREAS, Camp Fire US:� is celebrating t00 years of building caring, confident youth and future leaders in 2010; and WHEREAS, Camp Fire USA's motto since 19 l0 has been, "Give Ser� ice' ; and WHEREAS, Camp Fire USA welcomes all children, youth and adidts regardless of race, religion, socioeconomic status, disability, sexual orientation or other aspect ofdiversity; and WIIEREAS, Camp Fire USA has as its logo a fluid flame, symbolizing the hearth and the out-of-doors. The symbolism of Carnp Fire USr�'s conunitment to inclusiveness is apparent in the ope❑ triangle surcounding the flame; and WIIEREAS, Camp Fire USA promotes effective youth development that builds assets and empowers individuals through small groups cehere children and youth are active(y invol��ed in creating their own learning; and WHEREAS, Camp Fire USA provides safe, fun and nurturing environments for children and youth in coeducational settings, providing opportunities for boys, girls and families to develop together with programs delivered in schools, camps, housing de� neighborhood centers, and transitional housing shelters; and WHEREAS, Caaip Fire USa challenges parents and youth to build character, adopt strong �-alues, develop positive life skills and exercise responsibility to family and community; and WHEREAS, the keystone e��ent of the Camp Fire USA Central Puget Sound Council ��ill take place at Magnuson Park on Saturday, July S t, 2010, when Camp Fire USA will mark its t0oth anniversary at Centennial Campfires held across the country; and WI�EREAS, Camp Fire US�1 celebrates its centennial to spark a new interest in Camp Fire USA and rene�v interest among Camp F'ire alumni and create enthusiasm for Camp Fire USA's role -- past, present, and future — in detivering quality progi opportunities to all children, youth and their families; and WHEREAS, the contributions bf local youth, volunteers, employees, alurnni, and stalceholders in helping to fulfill Camp Fire USA's mission �ro�ill be recognized at the commemoration events; a�d WHEREAS, representatives from all generations «ill celebrate a lifelongjourney of social contribution and a pro�•en pathw�ay into the next l00 years of Camp Fire USA; and NOW, THEREFORE, cve, the Federal 4�'ay City Couacil do hereby salute Camp Fire USA Central Puget Sound Council for both its rich history and bright future. «'e applaud the mission of the organization and its continued ef£ort to strive for excellence as it forges into its second century of existence, dedicated and committed to positi�-ely impacting youth, families and communities across the co�mtry, and [ proclaim July 3 i, 20 t0, as "too Years ofCair�p Fire Day"in the City of Federal Way. CITY OF FEDERAL WAY Linda Kochmar, Mayor Dini Duclos, Deputy Mayor Jeanne Burbidge, Councitmember Jack Dovey, Councilmember Roger Freeman, Coiulcilmember Jim Ferrell, Councilmember Mike Park, Councilmember COUNCIL MEETING DATE: July 20, 2010 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TEC'r: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the July 6, 2010 Special Meeting, July 6, Regular Meeting and the July 7, 2010 Special Meeting? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: N/f1 ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly City Clerk DEP'r: Human Resources _ .__........_. ..................._.........._.........._......................._.................................._..................._................................_........................._.._......._. _ ..................................................................................._................................. ............ , Attachments: Draft meeting minutes from the July 6, 2010 Special Meeting, July 6, 2010 Regular Meeting and July 7, 2010 Special Meeting Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/fl � DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: N/f1 N/fl N/f1 Committee Council PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (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 (ordinnnces only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # � �Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall J u ly 6, 2010 - 5:30 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the special meeting to order at 5:30 pm. Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman. Staff present: Acting City Manager Pat Richardson, Acting City Attomey Amy Jo Pearsall and City Clerk Carol McNeilly. 2. COMMISSION INTERVIEWS: Diversity Commission The Council interviewed two candidates for appointment to the Diversity Commission. 3. CHANGE OF GOVERNMENT a. Confirmation of Designated Positions, Purchasing Policies. Acting City Manager Richardson reviewed the appointive position that the City Council identified under the Mayor—Council form of government, as well as the confirmation process for appointive positions. Staff will be drafting an ordinance for Council approval to adopt these items. Council reviewed the draft language and provided edits. Another item that Council directed was to participate in the performance evaluation of the City Council Executive Assistant. The Council directed staff to amend the language to read "The City Council will evaluate the performance of this position and present said evaluation to the Mayor." City Council Minutes — July 6, 2010 Special Meeting Page 1 of 2 Ms. Richardson reviewed the City's current method of processing Professional Service Agreements for Smatl Public Works Project. For projects over $300,000 a Request for Bid (RFB) is required. Staff presented a modified policywhere before negotiating the contractwith the contractor, the Agreement would return to the Land Use/Transportation Committee to inform the Council of the finalist. The Council discussed this item and directed staff to draft language stating, "The Council will be notified of the contractor for agreements over $300,000." b. Federal Way Revised Code (FWRC) Update This Council did not have time to discuss this item. This will be addressed at the July 20, 2010 Special City Council Meeting. 4. EXECUTIVE SESSION . . . ) The Council did not adjourn to Executive Session 5. ADJOURNMENT Mayor Kochmar adjourned the Special Meeting at 6:55 pm ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — July 6, 2010 Special Meeting Page 2 of 2 CIiY OF � Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 6, 2010 - 7:00 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the regular City Council meeting to order at 7:00 pm. Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman. Staff present: Acting City Manager Pat Richardson, Acting City Attorney Amy Jo Pearsall and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Heather Brewington, Gabrielle Hammond and Gabrielle Boyd led the pledge of allegiance. MOTION: Councilmember Park moved to amend the agenda to add Sales or Lease of Real Property pursuant to RCW 42.30.110(1)(c) to Executive Session; Councilmember Ferrell second. VOTE: Motion carried 7-0. 3. PRESENTATIONS a. Student Art Contest Winners Arts Commission Chair Susan Honda and Municipal CourtJudge David Larson presented awards to the Elementary School winner Gabrielle Boyd, Middle School winner Gabrielle Hamond and High School winner Heather Brewington. This years theme was Liberty and Justice forAll and there were over forty submissions received. b. King County Dispute Resolution Center Municipal Court Judge David Larson played a public service announcementfor a program ran in the State of Maryland. He provided some history on the King County Dispute Resolution Center, which the City has a memo or understanding with and reviewed the possible uses the City may have for the Center. c. City Manaqer Emerqinq Issues / Introduction of New Emplovees Acting City Manager Richardson stated there were no introductions of new employees. Assistant Police Chief Andy Hwang reported the Red White and Blues Festival was well attended. Prior to July 4 many avenues were utilized to get the word out that fireworks were not legal. This year a total of 28 civil infractions and 42 warnings were issued. City Council Minutes — July 20, 2010 Regular Meeting Page 1 of 5 4. CITIZEN COMMENT Nelida Mendoza spoke in opposition of the City eliminating the Hispanic Liaison position. Carol Lee asked for increased policing efforts around Villa Capri due to criminal activity. Tonv O'Connor with Legacy Management Group spoke in support of increased policing for Villa Carpi Apartment complex in Federal Way. Norma Blanchard spoke against the Twin Development Project. Janice Burqess spoke in support of the July 17 Federal Way Symphony Garden Tour. Idalie Munoz Munoz owner of Munoz Media, spoke in support of filling the vacant Hispanic Liaison position. Teniel Sabin spoke in support of filling the vacant Hispanic Liaison position. Silvia Cazares spoke in support of a Spanish speaking employee at City Hall. Carmen Kaler spoke in support of filling the vacant Hispanic Liaison position. Bettv Tavlor spoke about the Kinship Care Program and asked the City if they could donate a meeting space for the group. She would also like to see the Public Comment period extended from 3 minutes to 5 minutes. Anthonv Guerrero works with the LaRouche Committee, he asked the City Council to endorse an resolution on Glass-Steagall. Hadive Rafi works with the LaRouche Committee, provided some history on the La Rouch Committee and the Glass-Steagall . Gordv Olson Deputy Chief and Fire Marshall for South King Fire and Rescue. He spoke regarding the Building Codes amendments before the Council. Donald Barovic would like the Police to enforce throwing cigarettes out of car windows. He asked who was leading the Friends of the Hylebos group. He asked the City Attorney for a written opinion regarding and issue with the Lakehaven Utility District. Barbara Reid feels all groups should be represented equally and work together as one unit. 5. 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: June 15, 2010 Special and Regular Meeting APPROVED b. Monthly Financial Report APPROVED c. Vouchers APPROVED e. Community Weatherization Program APPROVED f . '2�+7� v�roc4 Cv+onci�r� �r�ion4 frr�m Cnnh�n�cr1 D�rL��i��i Cn� �4h �i+ ��niFin 4-IinF��i��i O( (lccinn C}.�4� �c �or��rF .d 11 A '4h I L�.F»�ior� f�r Ilocinn et1�h ��o o��z��c,-.-�:;��,-�ri�,��,-,�-� City Council Minutes — July 20, 2010 Regular Meeting Page 2 of 5 g. S 320 Street at I-5 Southbound Off Ramp — 30% Design Status Report APPROVED MOTION: Deputy Mayor Duclos moved approval of the Consent Agenda items; Councilmember Ferrell Second. Deputy Mayor Duclos pulled 5.f. Councilmember Freeman pulled item 5.d. VOTE: Motion to approve Consent Agenda as amended carried 7-0. 5(d) CB542 Traffic Code Update — Inattentive Drivinq Councilmember Freeman asked staff for a brief presentation on this item. Staff reported this item was drafted to address actions that are not addressed in other areas of the Code. MOTION: Councilmember Ferrell moved approve of item 5(d); Deputy Mayor Duclos second. VOTE: Motion carried 5-2; Councilmembers Dovey and Freeman dissenting. Approved Ordinance #10-663 5(h) S 352" Street Extension Proiect from Enchanted Parkway South to Pacific Hiqhwav South - 85% Desiqn Status Report and ILA with Lakehaven for Desiqn MOTION: Deputy Mayor Duclos moved to postpone this item to proceed with the design of S. 352nd Street Extension Project and transfer of $3 Million for Phase IV project to the August 3, 2010 City Council Agenda under Council Business to provide more time and flexibility to the City Manager; Councilmember Ferrell second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. 2011-2016 Transportation Improvement Plan Mayor Kochmar read into the record the procedures to be followed and declared the public hearing open at 8:39pm. Staff Presentation: Senior Traffic Engineer Maryanne Zukowski reviewed the projects on the 6-year TIP. New projects include S 320 Street at 1 St Ave. as well as a roundabout on S 344 and Weyerhaeuser Way. Public Comment: Mayor Kochmar called for public Comment, hearing none she called for Council questions. Hearing none, she called for a motion. Council Action — RESOLUTION: MOTION: Deputy Mayor Duclos moved approval of the resolution adopting the 2011- 2016 City Of Federal Way Transportation Improvement Plan (TIP) and Arterial Street Improvement Plat (ASIP); Councilmember povey second. VOTE: Motion carried 7-0. Resolution 10-588. Mayor Kochmar declared the public hearing closed at 8:52 pm. City Council Minutes — July 20, 2010 Regular Meeting Page 3 of 5 7. COUNCIL BUSINESS a. Commission Appointments: Ethics Board MOTION: Councilmember Burbidge moved to reappoint Byron Hill and Rick Agnew to the Ethics board with terms expiring June 30, 2013. Deputy Mayor Duclos second. VOTE: Motion carried 7-0. b. Commission Appointments: Diversity Commission MOTION: Councilmember Burbidge moved to appoint Bob Danielle to fill the remainder of a voting position with a term expiring May 31, 2012 and Grace Rawsthorne, Mirya Roach and Herman Brewer to voting positions with terms expiring May 31, 2013. Councilmember povey second. VOTE: Motion carried 7-0. c. Kinq Countv RSO Grant Fundinq Cost Reimbursement Aqreement MOTION: Councilmember Burbidge moved to accept the agreement between the Federal Way Police Department and the King County Sheriff's Office for Grant Funding for the purpose of verifying addresses and residencies of sex and kidnapping offenders and authorize the City Manager/Police Chief Brian J. Wilson to sign such agreement; Councilmember Freemen Second. VOTE: Motion carried 7-0. 8. INTRODUCTION / FIRST READING OF ORDINANCES a. CB543 Amendments to Title 13 FWRC: Adoption of 2009 Construction Codes An Ordinance of the City of Federal Way, Washington, adopting the 2009 International Codes and the 2009 Uniform Plumbing Code and amending Title 13 Buildings of the Federal Way Revised Code. City Clerk McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved to forward the ordinance to the July 20, 2010 City Council meeting for second reading and enactment. Councilmember povey second. VOTE: Motion carried 7-0. 9. COUNCIL REPORTS Councilmember Freeman reported he had a wonderful time at the Red White and Blues Festiva I. Councilmember povey reported SCORE has established rates to contract with other Cities. There will be a tour for elected officials offered soon to see the progress of the development. Councilmember Burbidge stated the next PRHSPS meeting is July 13. She reported on upcoming community events and thanked staff for their great work with the Red White and Blues Festival. Councilmember Ferrell reported the Council will be meeting with the Des Moines City Council City Council Minutes — July 20, 2010 Regular Meeting Page 4 of 5 for a joint meeting on July 7. He also thanked staff a nd the Police for their work at the Red White and Blues Festival. Councilmember Park reported he attended a King County Flood Control District meeting last week. The next FEDRAC meeting is July 27, 2010. Deputy Mayor Duclos thanked the Animal Services Unit for their help with a lost dog she found. Mayor Kochmar reported on recent meetings she attended, including the AWC Annual Conference. 10. CITY MANAGER REPORT Acting City Manager Richardson stated the Women's Triathlon would be held this coming weekend. 11. EXECUTIVE SESSION The Council adjourned to Executive Session at 9:24 pm to discuss Property Acquisition pursuant to RCW 42.30.110(1)(c), Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Sales or Lease of Real Property pursuant to RCW 42.30.110(1)(c) for approximately 30 minutes. The Council adjourned from Executive Session at 9:59 pm. 12. ADJOURNMENT With no further business before the Council, Mayor Kochmar adjourned the regular City Council meeting at 10:00 pm. ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — July 20, 2010 Regular Meeting Page 5 of 5 ` .•'� CITY OF Federal Way MINUTES FEDERAL WAY / DES MOINES JOINT COUNCIL MEETING Dumas Bay Centre — Banquet Room 3 July 7, 2010 6:00 pm — Social 6:30 pm — Dinner www. cit�offederalwa y. com 1. CALL TO ORDER Mayor Kochmar and Mayor Sheckler called the meeting to order at 6:30 pm. Federal Way Councilmembers present: Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Jim Ferrell, Roger Freeman and Jack Dovey. Des Moines Councilmembers present: Mayor Bob Sheckler, Councilmembers Matt Pina, Scott Thomasson, Dan Sherman and Melissa Musser. 2. DISCUSSION ON POTENTIAL PARTNERSHIP OPPORTUNTIES The two Council's discussed a variety of issues included the, including the possibility of partnering on the provision of municipal services, issues surrounding airplane noise, and the alignment of light rail through our communities and the need to work with each other on finding a route that is acceptable to all south King County Cities. 3. ADJOURNMENT The Special Meeting adjourned at 8:10 pm. Attest: Pat Richardson, City Attorney Approved by Council: City Council Minutes — July 7, 2010 Special Meeting Page 1 of 1 COUNCIL MEETING DATE: July 20, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NW PLAYGROUND RETAINAGE RELEASE POLICY QUESTION Should the City accept the contract with NW Playground Equip. Inc as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee CATEGORY: � Consent ❑ City Council Business ■ � Ordinance Resolution MEETING DATE July 13, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephen Ikerd Parks & Facilities Manager DEPT: PRCS __..._.. _._. ._. ....... .. __. _ .................... _. _. _.... _............................ History: The City contracted with NW Playground Equip. Inc to supply and install a new play structure and poured in place rubber safety surface at Alderdale Park. They successfully completed this project on June 23, 2010. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $79,270.59 — Contract total 7,530.71 — sales tax $86,801.30 - Total project cost --� 2� d , , c,c� $3,963.54 - 5% retainage held from the $8fr,86�36 Attachments: NA O tions Considered: Accept the contract as complete or do not accept the contract as com�lete. �? ..... _ ....... _ _._.... _ .. _.. STAFF RECOMMENDATION Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $3 ,963.54 to NW Playground Equip. Inc. CITY MANAGER APPROVAL: V'/� �_ DIRECTOR APPROVAL: L�v" \ � l to Committee to Council to Committee To Council COMMITTEE RECOMMENDATION Forward to full Council on July 20` far approval and accept the contract as complete and authorize staff to release retainage in the amount of $3,963.54 to NW Playground Equip. Inc Committee Chair �/ Com�hittee Member �ROPOSED COUNCIL MOTION "I move to accept the contract as complete and authorize staff to release retainage in the amount of $3,963.54 to NW Playground Equip. Inc. " (BELOW TO BE COMPLETBD BY CITY CLERKS OFFICEJ COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinnnces only) REVISED — 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION# COUNCIL MEETING DATE: July 20, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SITELINES RETAINAGE RELEASE POLICY QUESTION Should the City accept the contract with Sitelines Park & Playground Products as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution MEETING DATE: July 13, 2O1 O ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephen Ikerd Parks & Facilities Manager DEPT PRCS History: The City contracted with Sitelines Park & Playground Products to supply and install a new play structure and poured in place rubber safety surface at Saghalie Park. They successfully completed this project on May 18, 2010. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labar and Industries requirements. Expenditure Summary: $102,358.64 — Contract total 9,774.07— sales tax $ll2,082.71 - Total project cost $5,117.93 - 5% retainage held from the $102,358.64 Attachments: NA O tions Considered: Accept the contract as complete or do not accept the contract as complete. � ................ STAFF RECOMMENDATION Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $5,117.93 to Sitelines Park & Playground Products. CITY MANAGER APPROVAL: �� '" 1^ DIRECTOR APPROVAL: G�i< <� to Committee to Council to Committee To Council COMMITTEE RECOMMENDATION Forward to full Council on July 20"' for approval and accept the contract as complete and autharize staff to release retainage in the amount of $5,117.93 to Sitelines Park & Playground Products ,. � _ (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 (ordinnnces only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # retainage in the amount of $5,11793 to Sitelines Park & Playground Products. COUNCIL MEETING DATE: July 20` 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� Sus.rEC'r: Renewal & Extension of Red-Light Photo Enforcement Professional Services Agreement. POLICY QUESTION: SHOULD THE CITY RENEW THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH `A1vIERICAN TRAFFIC SOLLJTIONS, FOR TRAFFIC SAFETY CAMERA SYSTEMS? Cotv�lv[1TTEE: Parks, Recreation, Human Services and Public Safery Cotuicil Corrnnittee - (PRHS&PS) CATEGORY: � Consent ❑ Ordinance ❑ City Council Bus ❑ R STAFF REPORT BY: CHRIS NORMAN, COMMANDER Attachments: � 1. PRHS&PS Staff Memo 2. ATS Extension Agreement MEETING DATE July 13` 2010 ❑ Public Hearing ❑ Other DEPT: Police Department Options Considered: 1. Renew our eYisting Professional Services Agreement, with `American Traffic Solutions', for Traffic Safety Cainera Systems, for three additional year�, until June 16` 2013. 2. Renew our existing Professional Services Agreement, with `American Traffic Solutions', for Traffic Safety Camera Systems, for one additional yeai°, Lultil June 16` 2011. STAFF RECOMMENDATION: Option #1 C:ITY MANAGER APPROVAL: �� /��_ DIRECTOR APPROVAL: �� Committee Council Cotruni ee PROPOSED COiJNCIL MO'I`ION: `7 move that the City renew the existing Professional J'ervices Agreement with �American Traffic Sodutions', for three additional years and authorize the City Manager/Police Chief Brian Wilson to sig�z such Agreement. " (BELOW TO BE CONIPLETED BY CITY CLERIfS OFFIC'E) COI'NCiL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIF.D 1 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND I2EADING (ordinances unly) ORDINANCE # REVISED - OZ/06/2006 RESOLUTION # . COMMITTEE RECOMMENDATION: PRPS recommends Option _ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 13, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Police Chief FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Professional Services Contract Renewal — American Traffic Solutions Background Summarv Traffic safety is a high priority for the Police Department and through Red Light Photo Enforcement, (RLPE); municipalities can use available technology to focus on citizen compliance with traffic control devices at intersections. With the addition of School Zone Enforcement in January 2010 our ability to improve traffic safety in multiple locations around the city has been fui�ther enhanced. ln May, 2010, Traffic Lieutenant Mark Bensen conducted a thot•ough performance review of each camera that shows our existing program is working well. We are confident that the contract with ATS is appropriate and we believe the fees are reasonable. The reported revenues and fees are being closely tracked by our Finance Department. Our current program continues to be 100 percent violator funded. Recommendations: The Professional Services Contract with ATS has provided data which indicates that our RLPE program is achieving the desired voluntary compliance results we anticipated. The City may renew and extend the term of this contract cansistent with other Professional Service Agreements entered into by the City. Such renewal requires the approval of the Federal Way City Council. We recommend extending the tei of the existing contract with American Traffic Solutions to June 16, 2013. The City, at its sole discretion, may extend the term of this contract for one additional three (3) year term upon approval by the City Manager. Photo enforcement technology does not replace traditional methods of traffic enforcement. Rather, it serves as a supplement to traditional traffic enforcement techniques, in addition to educational and engineering effoi designed to enhance traffic safety. The Police Department will continue to measure and evaluate the effectiveness of the red-light photo enforcement program with regard to safety, traffic flow and citizen compliance with traffic control devices. THIRD CHANGE ORDER TO PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC SAFETY CAMERA. SYSTEM This Third Change Order ("Change Order") is dated effective this day of , 20 , and is entel•ed into by and between the City of Federal Way, a Washington municipal corporation ("City"), and American Traffic Solutions, INC, ("Consultant"). A. The City and Consultant entered into a Professional Services Agreement dated effective March 28th, 2008 whereby Consultant agreed to provide red light photo enforcement services ("Agreement"), as amended by the First Change Order on October 21 2008, and Second Change Order July 20, 2009. B. Section 24 and Section 1 of the Agreement provide that the Agreement may only be amended by written change order. C. The City and the Consultant desire to amend the Agreement to extend the term of the agreement. NOW, THEREFORE, the parties agiee to the following terms and conditions: Term of Contract Section 3 of the Agreement shall be amended to extend the term of the contract until June 16`�', 2013. The City, at its sole discretion, may extend the term of the contract for two additional three (3) year terms upon approval by the City Manager/Police Chief or person designated by City Manager/Police Chief. 2. Ratification Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this amendment, is hereby ratified as having been performed under the Agreement as it existed prior to this amendment. 3n Amendment to Professional Services Agreement - 1 - 3. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. � DATED the effective date set forth above. ATTEST: CITY OF FEDERAL WAY By: Brian J. Wilson City Manager/Police Chief 33325 8"' Ave S PO BOX 9718 Federal Way, WA 98063-9718 APPROVED AS TO FORM: City Clerk, Carol McNeilly, CMC City Attorney, Patricia A. Richardson AMERICAN TRAFFIC SOLUTIONS, INC By: (Signature) (Name) Its: (Title) (Address) (Phone) 3 Amendment to Professional Services Agreement - 2 - COUNCIL MEETING DATE: �81�6 , ITEM #: � �,', CITY OF F�DERAL WAY CITY COUNCIL AGENDA BILL SUBJECT ADOPTION OF STATE CONSTRUCTION CODES POLICY QUESTION Should the City of Federal Way amend the Federal Way Revised Code (FWRC) Title 13, "Buildings," to adopt the state mandated adoption of the International Codes and the Uniform Plumbing Code as amended by the State Building Code Council and the City of Federal' Way? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE CATEGORY: ❑ Consent XX Ordinance ❑ City Council Business ❑ Resolution MEETING DATE: June 21, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: R. Lee Baile , Buildin Official DEPT Community Development Services_ ............................._.................._................................................_._......................._..........._..........._...Y......__._......._....._..........$ .. ...............__....._............_.........................._...................... ......_......._..._._...._._......._................._......................... ..... ... _....__..............._... Attachments: Draft Adoption Ordinance Background: The proposed ordinance will allow the city to amend and adopt the current state mandated International Codes and the Uniform Plumbing Code. These codes are amended and adopted by the state every three years. As a jurisdiction within the state, the City of Federal Way is required to enforce these codes as adopted by the state, unless otherwise amended and adopted by the city. Options Considered: 1) Adopt staffls recommendation as contained in the draft adoption ordinance; 2) adopt the state codes as modified by the LUTC; or 3) do not adopt proposed amendments and provide further direction to city staff. STAFF RECOMMENDATION Staff recommends the City Council adopt Option #1: adopt staf�s recommendation as contained in the draft adoption ordinance. CITY MANAGER APPROVAL: y � bl/��'1 6 �y��6_�� DIRECTOR APPROVAL: __��_ _�� Committee Council ommittee Cou Co1v�MI EE RECOMMENDATION Forward Option # 1: adopt staff's recommendation as contained in the draft ado 'on o clinan e ommittee Chair Dini Duclos Committee Member Jim Ferrell o mitt e Mem er Jack Dovey PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (July 6 , 2010): "I move to forward the ordinance to a second reading for enactment on the July 20, 2010, consent agenda. " 2 READING OF ORDINANCE (July 20, 2010): "I move approval of the LUTC recommendation to approve the code amendments, which are contained in the Adoption Ordinance. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCILBILL# 5y�3 ❑ DENIED 1 reading �( ' (p •�� ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, adopting the 2009 International Codes and the 2009 Uniform Plumbing Code and amending Title 13 Buildings of the Federal Way Revised Code. (Amending Ordinance Nos. 90-33, 92-127, 92-143, 95-234, 98-320, 99-342, O1-389, O1-402, 04-465, 07-563, 09-594, 09-595, 09-597) WHEREAS, the City of Federal Way is required to adopt the State of Washington International Codes, and the Uniform Plumbing Code as amended by the State Building Code Council pursuant to RCW 19.27.031; and WHEREAS, the State Building Code Council has mandated that the International Codes and the Uniform Plumbing Code become effective on July l, 2010; and WHEREAS, the City has determined that it' is necessary to protect the public heath, safety and welfare by adopting the 2009 International Codes and the 2009 Uniform Plumbing Code as published by the International Code Conference (ICC), and International Association of Plumbing and Mechanical Officials (IAPMO) respectively; and WHEREAS, the City of Federal Way has considered a proposed change to the Federal Way Revised Code (FWRC) Title 13 Buildings (Proposal); WHEREAS, the City Council finds that this ordinance is necessary for the immediate preservation of public peace, health and safety and not subject to initiative or referendum, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. FWRC 13.05.030 is hereby amended to read as follows: 13.05.030 Interpretation. (1) When any-e�e� of the following words appear in the codes and regulations adopted by this title, they shall be interpreted as follows: Ordinance No. 10- Page 1 of 31 Rev 1/10 •"Administrative authority" shall mean the building official. •"Board of appeals" shall mean the hearing examiner appointed by the city. !"Chief," "fire chief' or "chief of the bureau of fire prevention" shall mean the fire chief of South King Fire and Rescue. :"City treasurer" shall mean the director of administration and finance. !"Corporation counsel" shall mean the city attorney. •"Municipality" � or "jurisdiction" shall mean the city of Federal Way. , , , �,;�„�.�o ,.;.., ao�;,.,,.,+;,.,, �a;,.�;,,,, .,,,a .,,,+�,,,ri�t, ,' SECTION 2. FWRC 13.05.040 is hereby amended to read as follows: 13.05.040 Application and scope. The provisions of this title shall apply to all new construction, relocated buildings, and to any alterations, repairs or reconstruction, except as otherwise provided for ^*�� in this title. SECTION 3. FWRC 13.05.060 is hereby amended to read as follows: 13.05.060 Appeals. �l ) General. Appeals of orders decisions or determinations made bv the building official relative to the a�plication and interpretation of this code shall be made to the hearings examiner by filing a written notice of appeal with the city clerk within 14 calendar davs from the date of such order decision or determination specifyin� what issue is being appealed. The appeal must be accompanied by cash or a check payable to the city of Federal Way, in the amount of $100.00, which is refundable in the event the appellant prevails on the appeal. (2) Effect of ap�eal. The timelv filing of an a�peal in compliance with this section shall stay the requirement for action specified by the order decision or determination that is the subiect of the appeal. An ap�eal does not lift or stay an order to cease activitv. (3) Hearing, (a) Date of hearing. Within 10 davs of the clerk's receipt of the appeal, the hearing examiner shall set a public hearin�� for a date within 30 days of the clerk's receipt of the appeal. �b) Notice of hearin�. The notice shall contain the following,: �i) A brief description of the matter being a�pealed. �ii) A statement of the sco�e of the appeal, including a summarv of the errors alleged and the findin�s and/or legal conclusions disputed in the appeal. �iii) The date, time and place of the hearin� on the appeal. (iv) A statement of who ma�participate in the appeal. �v) A statement of how to participate in the appeal. �c) Distribution. The clerk shall cause a notice of the appeal hearin�to be mailed to the a� el lant• Ordinance No. 10- Page 2 of 31 Rev 1/10 �d) Partic�ation in the a�eal The citv and the appellant may�articipate as parties in the hearin� and each may call witnesses. �e) Conduct of hearin�. The hearin� examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. �fl Continuation of the hearing. The hearing examiner mav continue the hearin�. If, durin� the hearin� the hearin� examiner announces the time and place of the next hearin� on the matter no further notice of that hearin� need be �iven. (4) Decision of hearing examiner. (a) Vacation. If the hearin� examiner determines that the appellant has proven bv a preponderance of the evidence the building official's ruling as stated in the order, decision or determination is in error the hearin� examiner shall vacate the rulin�, and order the appeal fee refunded. �b) Affirmance. If the hearing examiner determines that the appellant has not so proven by a preponderance of the evidence the hearin� examiner shall affirm the buildin� official's rulin�. (5) Issuance of decision. The hearin� examiner shall issue an oral decision at the time of the hearin� unless �ood cause exists to delay the decision. The hearin� examiner shall issue a written decision includin fg indin�s of fact conclusions and order within 14 davs of the hearing. The ��ellant is required to comply with any decision of the hearin� examiner whether oral or written upon issuance. n o.,t� „F.,,�., ao,.;�;,,,, ,. ,�,�o,-oa ., „+.,, +1,;� t;rto__o , .�♦ ao,.;�;,,,�� ,.o,-t.,;,�;,�„ .,, ° , . ................ i ....�........... b ..., � � • SECTION 4. FWRC 13.05.070 is hereby amended to read as follows: 13.05.070 Enforcement All violations of this title or the codes adopted under this title are found to be detrimental to the public health, safety, and welfare, and are declared public nuisances. The building official has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce all rules and re�ulations of this title_ � ^r�• �„^'� �,'°° °� �+�� It is unlawful to violate or fail to comply with any provision, rule or re ulg ation of this title ^r �� „�'� �,'° �r r°�- In addition to any other penalty, a violation of any provision of this title is a civil infraction under FWRC 1.15.110. SECTION 5. FWRC 13.10.010 is hereby repealed in its entirety. � � � • . Ordinance No. 10- Page 3 of 31 Rev 1/10 SECTION 6. FWRC 13.10.020 is hereby amended to read as follows: 13.10.020 Authority to adopt rules and regulations. (1) The city shall adopt rules and regulations for the implementation of this title_� �� , > > • ..,�,o,.o ., .,oa ��..,,,.�,,,.o ,,,- �.,,,a , „i.,�o� 1„-..�._..-, .,� T�TCD A 1 2D +�, L.o �,,l;o.i +., �11 A 1 ,,.� �? .. o ... ... .... ��. ...... ��, .,.,.,::t,»...,_.,.,. t�� /7l T�T 1 �1� L, 71 1. .,'1 1-.1 4' ,- „L.1;,. ; 0..4;..,� �� ..o o .. +t�o_4;� � .�., �....... .��.� �.. .,...... ..� ..... ...........� �... t,.,..,..�� :�t, �-�.�.,__ ..�_� ' _ ' -- " --"--- --- - nle � v n v.n�.lo i.�.n4 4i. .. v.4;v.rY nv�ra �nr.��r�rc_ SECTION 7. FWRC 13.10.030 is hereby amended to read as follows: 13.10.030 Liability. (1) The express intent of the city council is that responsibility for compliance with the provisions of this title � ° �ra *� �r° „ �*°�*��r � ��'�'��'�+�� *^ � °":�"' ''°"°'"""'°"+ shall rest ..., ...,..,..,�.,....,..� exclusively with the permit applicant and their agents. (2) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this title a� +'� °�+�'�'��'�"'°"+ �� " ° �r��;�;*� �<, *�° �r° a;°*ri^*. The city council recognizes that the level of services these public funds can support must be balanced against the economic impact of the costs for these services. Consequently, the funds appropriated for implementation and enforcement of the provisions of this title are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public. , � , , • Ordinance No. 10- Page 4 of 31 Rev 1/10 SECTION 8. FWRC 13.10.040 is hereby repealed in its entirety. � �. � � . ,,.,t�.t., ,�o,a,,,.o F.,-o .. ,.+o,.+;,.,, +„ *t,o ., ��•.,..t„�-o� �on.tccL SECTION 9. FWRC 13.10.050 is hereby repealed in its entirety. � i i .. . - . �:_ SECTION 10. FWRC 13.15.010 is hereby amended to read as follows: 13.15.010 Building codes adopted. The following codes, all as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: (a) Chapter 51-11 WAC — Washington State Energy Code; and (b) Chapter 51-13 WAC — Washington State Ventilation and Indoor Air Quality Code; and (c) Chapter 51-50 WAC — State Building Code Adoption and Amendment of the �98Fr2009 International Building Code; and (d) Chapter 51-51 WAC — State Building Code Adoption and Amendment of the �A8Fr2009 International Residential Code; and (2) Appendix Chapters F F�-� and J of the International Building Code, �A9C-2009 Edition, and Appendix Chapters H and J of the International Residential Code, �AAC-2009 Edition; both published by the International Code Council. Orclinance No. 10- Page S of 31 Rev 1/10 SECTION 11. FWRC 13.15.020 is hereby amended to read as follows: 13.15.020 2009 International Building Code Amendments. _ • . . . . - � - - . , .. �. �� . . � ' � - - � •� •� - . �- ' �- - �-' ' �-' - - - - �_ . • �_ . . � �. . �. � � � - - . _ � � � - - . . - - - _ • � • � - . . . . _ - � - -- Ordinance No. 10- Page 6 of 31 Rev 1/10 2009 INTERNATIONAL BUILDING CODE AMENDED > > • � - The followin� amendments to the International Buildin� Code adopted in the FWRC are hereby adopted: �1) 101.1 Title is hereby amended to read as follows: These regulations shall be known as the Buildin� Code of Citv of Federal Way, hereinafter referred to as "this code." (2) 101.4.3 Plumbin� is herebv amended to read as follows: The provisions of the 2009 Edition of the Uniform Plumbing Code shall apply to the installation, alteration repair and replacement of plumbing svstems includin� equipment appliances fixtures fittings and appurtenances and where connected to a water or sewage system and all aspects of a medical �as system. Private Sewa�posal systems shall be a�proved bv Kin�Countv Department of Health. �3) 101.4.6 Energy is herebv amended to read as follows: The provisions of the Washington State Energ,v Code shall apply to all matters governin� the design and construction of buildin�s for energy efficiencY (4) 105.2 Work exempt from permit is herebv amended by the addition of the followin� lan�uage: Exemptions from �ermit requirements of this code shall not be deemed to �rant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the followingprovided the project does not encroach into an sensitive area includin but not limited to wetlands landslide hazard areas, native �rowth protection easements, green belts or their buffers: (5) 105.2 item 1 is herebv amended to read as follows: One-storv detached accessorv structures used as tool and storage sheds, plavhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2). �6) 105.2 item 6 is hereby amended to read as follows: 6 Sidewalks drivewa�platforms not more than 30 inches (762 mm) above adjacent a�r de or walking surface and not over any basement or story below and are not part of an accessible route. (7) 105.2 is herebv amended bv deletion of the following lan�iage: �8) 105.3.2 Time limitation of application is herebv amended to read as follows: An a�plication for a permit for an�proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such a�plication has been pursued in good faith or a permit has been issued except that the buildin� official is authorized to �rant one or more extensions of time for additional periods not exceeding 180 davs each. The extension shall be requested in writin . �9) 106.4 is hereby amended bv the addition of a new subsection: 106.4.1 Amended Permit. When the size of the building is increased or the scope for which the permit was issued is changed the building official mav amend the buildin� permit. When such fees specified in sections 108 and R108 have been paid and when changes to the plans and application are approved the building official shall issue an "amended permit," which includes the ap�roved changes as well as the ori i�al plans and specifications. The issuance of such amended permit shall void the ori ig nal permit. (10) 107.3 Examination of documents is herebv amended bv the addition of the followin� Ordinance No. 10- Page 8 of 31 Rev 1/10 lan_ ��uage: The buildin� official shall examine or cause to be examined the accompanving submittal d ocuments and shall ascertain b v such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The building official ma ��require third party_review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the citv's fee schedule. �l 1) 110.1 Use and occupancy is herebv amended bv the following exception: No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the buildin� official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancv shall not be construed as an ap�roval of a violation of the provisions of this code or of other ordinances of the �urisdiction. Certificates presuming to �ive authority to violate or cancel the provisions of this code or other ordinances of the iurisdiction shall not be valid. Exception• Buildin�s or other proiects authorized by a buildin�permit that do not require a certificate of occupancy in order to be occupied shall not be occupied until such permit has written final approval from the building inspector as authorized bv the building official. (12) 113 Title is herebv amended to read as follows: HEARINGS EXAMINER �13) 113.1 General is herebv amended to read as follows: A ppeals of ord ers decisions or determinations made bv the buildin� official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. �14) 113.2 Limitations on authority is herebv amended to read as follows: An a�plication for �peal shall be based on a claim that the true intent of this code or the rules le�ally adopted there under have been incorrectiv inter�reted the �rovisions of this code do not fullv apply or an equall��ood or better form of construction is proposed. The hearin�,s examiner shall have no authoritv relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive requirements of this code. �15� 113.3 Qualifications is deleted in its entiret� (16) 114 Title is herebv amended to read as follows: ORDER TO CEASE ACTNITY �17) 114.1 Authoritv is herebv amended in its entiret� Orders to cease activitv. Whenever any work is bein�done contrarv to the provisions of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official mav order the work to cease bv issuance of an order to cease activity pursuant to the FWRC 1.15.030. (18) 114.2 Issuance is hereby amended in its entirety: Occupancy violations Whenever anv building or structure or equipment therein regulated bv this Code is being used contrarv to the provisions of this Code the building official may, bv issuance of an order to cease activit�pursuant to FWRC 1.15.030 order such use discontinued and the Ordinance No. 10- Page 9 of 31 Rev 1/10 structure, or portion thereof, vacated. �19) 114.3 Unlawful continuance is hereby amended to read as follows: An�person who shall continue anv work after havin� been served with an to cease activitv, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to�enalties as prescribed bv law. �20�pter 2 Definitions is herebv amended bv the addition of the following definition: SUBSTANTIAL IMPROVEMENT. Anv repair reconstruction, rehabilitation, addition or improvement of a building ar structure the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. Exceptions• 1 An�project for improvement of a building required to correct existing health sanitarv or safetv code violations identified by the building official and that are the minimum necessarv to assure safe livin� conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. (21) 312.1 General is herebv amended by addition of the following lan�ua�e: Buildings and structures of an accessorv character and miscellaneous structures not classified in any specific occupancy shall be constructed equi�ed and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancv. Group U shall include, but not be limited to, the followinQ: Agricultural buildin�s Aircraft han�ars accessory to a one- ar two-famil residence (see Section 412.5) Barns Carports Fences more than 6 feet (1829 mm) high Grain silos, accessorv to a residential occupancy Greenhouses commercial " Greenhouses retail • Livestock shelters Private garages Retaining walls Sheds Stables Tanks Towers (22) 403.4.7.2 Standby_power loads is herebv amended to read as follows: The following are classified as standbv power loads: 1. Power and li ting for mechanical equipment rooms and the fire command center required by Section 403.4.5; 2. Ventilation and automatic fire detection equipment for smoke proof enclosures; 3. Smoke control s st� 4. A selected car in each bank of elevators. A bank is a rg_ouLof elevators or a Ordinance No. 10- Page 10 of 31 Rev 1/10 single elevator controlled bv a common operating system. All elevators that respond to a sin�le call button constitute a bank of elevators. All elevators shall be transferable to emergencv power. (23) 403.5.3 Stairwav door operation is herebv amended by the addition of the following lan ig_la�e�. Stairway doors other than the exit dischar�e doors shall be permitted to be locked from the stairwav side. Stairwav doors that are locked from the stairway side shall be capable of bein� unlocked simultaneously without unlatching u�on a signal from the fire command center. Selected doors shall automatically unlock in accordance with approved fire alarm plan. (24) 403.5.3.1 Stairway communication svstem is hereby amended to read as follows: A tele�hone ar other two-wav communications svstem connected to an approved constantly attended station shall be provided at each floor in everv stairway where the doors to the stairway are locked. (25) 403.5.6 Emergency escape and rescue is hereb�amended in its entiretv: Emer�ency operational plan: Prior to issuance of a Certificate of Occupancy, the owner/occupant of the building shall assi n�ponsible person as the buildin�'s fire safetv director to work with the citv's building official and fire marshal in establishing an operational plan for the buildin�. The operational plan shall contain the guideline procedures to be followed and the responsibilities of the fire department buildin�emplovees and tenants under emergencv conditions includin� special provisions forpersons with disabilities. The plan shall also include procedures for operation maintenance and testing of the life safetv systems and the allowable use and occupancv of each portion of the building. One copv of the operational plan shall be filed with the fire marshal and one shall be posted in the central control station prior to Certificate of Occupanc� �26) 403.6.1 Fire service access elevator is hereby amended to read as follows: In buildings with an occupied floor more than 75 feet (36 576 mm) above the lowest level of fire department vehicle access a minimum of one fire service access elevator shall be provided in accordance with Section 3007. (27) 1008.1.9.3 Locks and latches sub section 2.1 is hereby deleted in its entiret� �28) 1805.4.2 Foundation drain is hereby amended in its entiretv: Drainage provisions shall be made for the control and draina�e of surface water around buildings Adequate provisions shall be made to ensure that underfloor spaces remain free of running or standin� water. As a minimum such drains shall be installed around the perimeter of the building at the footings. Additional drains mav be required in the underfloor space. The drainpipes shall be of sufficient size to adequatelv convev water to an approved location, but � shall not be less than four inches in diameter. Provisions shall be made to prevent the draina�e svstem from becoming blocked with soil. (29) 1805.4.3 Drainage discharge is herebv amended to read as follows: The floor base and foundation �perimeter drain shall dischar�e b�, rg_avitv or mechanical means into an a�proved drainage sYstem. �30) 1805.4.3 Exception is herebv amended in its entiretv: The building official mav waive the provisions of this section when soils appear to adequatelv Ordinance No. 10- Page I 1 of 31 Rev 1/10 drain the site and no water will stand or run under the buildin�. �31) 3007 Fire Service Access Elevator is herebv amended by the addition of the followin� subsection: 3007.8 Emergencv recall The fire command center or an alternative location a�proved by the fire department shall be provided with the means to manuallv initiate a Phase I Emergency Recall of the fire service access elevators in accordance with ASME A17.1/CSA B44. �32) 3107.1 General is hereby amended to read as follows: Si�ns shall be desi�ned constructed and maintained in accordance FWRC Chapter 19.140. (33) Clearin�grading activities shall be reviewed under Chapter 19.120 FWRC, Clearing, Grading and Tree and Ve�etation Retention as well as A�pendix Chapter J of the International Building Code. All clearing and �radin�approvals are subject to the provisions of FWRC Title l�surface and stormwater mana ement) and Cha�ter 19.142 FWRC, Flood Damage Prevention. SECTION 12. Chapter 13.15 of the FWRC is hereby amended to add a new section 13.15.030 to read as follows: 13.15.030 2009 International Residential Code Amendments The following amendments to the International Residential Code adopted in the FWRC are hereb ��pted: �l) R101.1 Title is herebv amended to read as follows: These provisions shall be known as the Residential Code for One- and Two-family Dwellings of The Citv of Federal Way and shall be cited as such and will be referred to herein as "this code." (2) R103 is hereby deleted in its entiret� (3) R105.2 Work exempt from permit is herebv amended bythe addition of an exception to read as follows: Exception: Any work in anv critical area including�but not limited to wetlands, streams, landslide hazard and their buffers is not exempt from permits. (4) Section R105.2 is hereby amended by deletion of the following lan�� 5) R105.31 Action on a�plication is herebv amended by the addition of the following lan�uage: The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writin s�tatin� the reasons therefore. �€When the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto the buildin� official shall issue a permit therefore as soon as practicable. The building official ma�require third partv review to insure compliance with this code. The cost of such review shall be borne bv the applicant in compliance with the citv's fee schedule. �6) Section R105.3.2 Time limitation of application is herebv amended to read as follows: An a�plication for a permit for an�proposed work shall be deemed to have been abandoned 180 davs after the date of filing unless such a�plication has been pursued in good faith or a permit has been issued• except that the buildin� official is authorized to grant one or more extensions of Ordinance No. 10- Page 12 of 31 Rev 1/10 time for additional periods not exceedin� 180 davs each. The extension shall be requested in writin . (7) R106.3.1 A�proval of construction documents is herebv amended to read as follows: When the building official issues a permit the construction documents shall be approved in writin� or bv a stam� One set of construction documents so reviewed and stamped A�proved, File Copy shall be retained by the buildin� official. The other set stamped A�proved Site Copv shall be returned to the anplicant shall be kept at the site of work at all times and shall be open to inspection bv the buildin� official or his or her authorized representative Failure to �roduce the Site Co�y of the plans at time of inspection may result in a failed inspection. (8) R106.4 Amended construction documents is herebv amended b�the addition of a new subsection. 106.4.1 Amended Permit. When the size of the building is increased or the scope for which the permit was issued is changed the building official mav amend the buildin�permit. When such fees specified in sections 108 and R108 have been paid and when chan�es to the plans and application are a�proved the buildin� official shall issue an "amended permit," which includes the approved chan�es as well as the ori ig nal plans and specifications. The issuance of such amended permit shall void the ori i�permit. �9) Rl 10.1 Use and occupancy is herebv amended bv the addition of the followin� exception: No buildin� ar structure shall be used or occu�ied and no change in the existin� occupancy classification of a building or structure or portion thereof shall be made until the buildin� official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authoritv to violate or cancel the provisions of this code or other ordinances of the�urisdiction shall not be valid. Exception: Buildings or other�rojects authorized by a buildin� permit that do not require a certificate of occupancv in order to be occupied shall not be occupied until such permit has written final approval from the buildin� inspector as authorized b� the building official. (10) R112 Board of appeals title is hereby amended to read as follows:_ SECTION R112 HEARINGS EXAMINER (11) R112.1 General is herebv amended to read as follows: A�peals of orders decisions or determinations made by the buildin� official relative to the application and interpretation of this code except orders rulings or decisions pertainin�to enforcement of this Code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (12) R112.2 Limitations on authority is herebv amended to read as follows: An a�lication for a�peal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted theprovisions of this code do not full��plv or an eguall��ood or better form of construction is pro�osed. The ��hearin�s examiner shall have no authoritv relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive requirements of this code. �13) R112.2.1 Determination of substantial im�rovernent in areas prone to floodin� is herebv Ordinance No. 10- Page 13 of 31 Rev 1/10 amended to read as follows: When the buildin� official provides a findin�required in Section R105.3.1.1 hearings examiner shall determine whether the value of the proposed work constitutes a substantial improvement. A substantial improvement means anv repair reconstruction rehabilitation addition or improvement of a buildin� or structure the cost of which equals or exceeds 50 percent of the market value of the building or structure befare the improvement or repair is started. If the buildin� or structure has sustained substantial dama eg all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include: (14) R112.2.2 is deleted in its entiret� �15) R112.3 Qualifications is deleted in its entiret� �16) R114 STOP WORK ORDER title is herebv amended to read as follows: CEASE ACTIVITY ORDER �17) R114.1 Authoritv is herebv amended in its entiret� Orders to cease activity. Whenever anv work is bein� done contrarv to the provisions of this Code or otherpertinent laws or ordinances implemented throu�h the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activitv pursuant to the FWRC 1.15.030. (18) R114.3 Unlawful continuance is herebv amended to read as follows: An�person who shall continue anv work after havin� been served with an order to cease activitv, except such work as that person is directed to perform to remove a violation or unsafe condition, �19) R405.1 Concrete or masonry foundations is amended in its entiret� Drainage provisions shall be made for the control and drainage of surface water around buildings Adequate�rovisions shall be made to ensure that underfloor spaces remain free of running or standin� water As a minimum such drains shall be installed around the perimeter of the building at the footin�s. Additional drains mav be required in the underfloor space. The drainpipes shall be of sufficient size to adequatelv convev water to an approved location, but shall not be less than four inches in diameter. Provisions shall be made to prevent the draina�e system from becoming blocked with soil. The floor base and foundation perimeter drain shall dischar�e b� avitv or mechanical means into an approved drainage system. Exce�tion: The buildin� official may waive the provisions of this section when soils appear to adequatelv drain the site and no water will stand or run under the buildin�. (20ZChapters 27 28 29 30 31 and 32 33 34 35 36 37 38 39 and 40 are deleted in their entirety Ordinance No. 10- Page 14 of 31 Rev 1/10 shall be subject to penalties as prescribed bv law. �191 TABLE R301.2 (1) is amended bv the addition of the following information: SECTION 13. FWRC 13.20.010 is hereby amended to read as follows: 13.20.010 Purpose — General The purpose of this chapter is to authorize the construction of five-story Type VA buildings as an approved alternate design and construction method under Section 104.�11 of the �A8Fr2009 Edition of the International Building Code, and to set forth the criteria and standards which must be met befare a building permit may be issued for a five-story Type VA building. SECTION 14. FWRC 13.20.020 is hereby amended to read as follows: 13.20.020 Construction. (1) International Building Code requirements. Five-story Type VA buildings must comply with all requirements of the International Building Code, except as modified or supplemented by this chapter. In the event of a conflict between the International Building Code and the provisions of this chapter, the provisions of this chapter shall control. References in this chapter to building construction "types" (e.g., Type I or Type VA) shall have the same meaning as set forth in the International Building Code. (2) Lowest story construction requirements. The lowest story in a five-story Type VA building shall be constructed of Type VA fire-resistive construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire-resistive construction. (3) Upper four stories. The upper four stories of a five-story Type VA building shall be constructed of at least Type VA fire-resistive construction. (4) Use of Type VA above Type I construction. Where Type VA stories are constructed over Type I construction, the Type VA stories shall be separated from the Type I stories with a horizontal assembly having a minimum three-hour fire-resistance rating as provided in the International Building Code, Section 509.2 of the �9AFr2009 Edition. SECTION 15. FWRC 13.20.030 is hereby amended to read as follows: 13.20.030 Occupancy. (1) Occupancy of five-story Type VA buildings shall be allowed as provided in Table 503, International Building Code, �88Fr2009 Edition, except that B, M, and R-1 occupancies shall be allowed on any floor. (2) "Occupancy" shall have the same meaning as set forth in the �AAF-2009 Edition of the International Building Code. SECTION 16. FWRC 13.20.040 is hereby amended to read as follows: 13.20.040 Stair enclosures. Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be of two-hour fire-resistive construction with one-and-one-half-hour opening protection. All buildings constructed in accordance with this section shall be provided a minimum of one elevator with a car which complies with Section 3002.4 of the �AAFr2009 Edition of the Ordinance No. 10- Page 15 of 31 Rev 1/10 International Building Code. Elevators shall be enclosed in shafts with the same fire-resistive requirements as stair enclosures set forth above. Elevator hoistways shall be ventilated in accordance with Sections 3004.�1 through 3004.�3of the �AAt-2009 Edition of the International Building Code. SECTION 17. FWRC 13.20.050 is hereby amended to read as follows: 13.20.050 Fire detection and protection. (1) Five-story Type VA buildings shall be protected throughout by an automatic fire sprinkler system complying with the International Building Code and International Fire Code as detailed in the Standard known as NFPA 13, as set forth and contained in the �98�r2009 Editions of the International Building and Fire Codes, as presently constituted or as hereinafter amended. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire-resistive construction required in FWRC 13.20.020. Automatic fire sprinklers may not be used to increase the number of stories; no mare than five stories of Type VA construction may be permitted. (2) All stair enclosures and elevator shafts shall be pressurized as set forth in the �BAF-2009 Edition of the International Building Code Sections ''�"'.' ^.''.' *'�r�••�-'' �n�.' n.'. as presently constituted or as may be subsequently amended. In addition, a class I standpipe system as required by 2009 International Building Code Section 905 and the Standard known as NFPA 14, as presently constituted or as may be subsequently amended, shall be installed. (3) A standby power-generator set shall be provided on the premises in accordance with the �98Fi-2009 International Building Code Section 403.�4 and the �9A�2008 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to emergency lighting, stair enclosures, elevator shaft pressurization, and elevators. (4) A monitored manual and automatic fire detection system, subject to the approval of the fire code official, shall be installed throughout the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. Monitoring equipment and controls shall be located in a location approved by the fire code official. SECTION 18. FWRC 13.20.060 is hereby amended to read as follows: 13.20.060 Height. The maximum height of buildings designed and constructed pursuant to this section shall be 65 feet. The height shall be measured as provided in the �99�-2009 International Building Code as presently constituted or hereafter amended. Buildings constructed under this chapter shall also be subject to the requirements of Section 403 pertaining to high-rise buildings, as applicable. Ordinance No. 10- Page 16 of 31 Rev 1/10 SECTION 19. FWRC 13.20.070 is hereby amended to read as follows: 13.20.070 Basic allowable floor area. The basic allowable area of floors of five-story Type VA buildings shall be as allowed in Table 503 and Section 506 of the International Building Code, �8AFr2009 Edition, as presently constituted or as may be subsequently amended. For the purpose of this chapter only, the total allowable area as calculated subject to the above-referenced table and sections may be increased by 25 percent. SECTION 20. FWRC 13.20.090 is hereby amended to read as follows: 13.20.090 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (1) Structural observation provided by the engineer of record for structural frame elements; (2) Special inspections as required in the �88C-2009 International Building Code; (3) All other inspections shall be in strict accordance with other applicable codes; and (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. SECTION 21. FWRC 13.25.030 is hereby amended to read as follows: 13.25.030 Plumbing Code adopted. The following codes, all as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) The following chapters of the Washington Administrative Code: (a) Chapter 51-56 — State Building Code Adoption and Amendment of the �89Fr2009 Edition of the Uniform Plumbing Code; except Section 701.1 which is adopted without state amendment; and (b) Chapter 51-57 — State Building Code Adoption and Amendment of the �89Cr2009Edition of the Uniform Plumbing Code Standards. (2) The �AAC-2009 Uniform Plumbing Code; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. SECTION 22. FWRC 13.25.040 is hereby amended to read as follows: 13.25.040 2009 Amendments. o �,o,.o�..., .,a„��oa• �i� TT 'F n� i.• r� a r�, * ti�x�.,+o,. c, ri< „a r�• +•�.,,+; n,.., „aoa r�,,,r+o Y � �YY J� i f � Ordinance No. 10- Page 17 of 31 Rev 1/10 ,..•„ ��r � �� '��rnr �n4 cn �cn+�, �, �n4 cn cnn a+�,o n,-„o,«,..,,, �z��+o.-�zr,,,.i,� n��,,,.;..+;,,r � � �� > > �t�r �,...,a,...+oa �.<, ��.;� ,.o� ,.o�,.o „ ;��o� � ��, ;,, �;,» .� uii. 4� rona nn � ��...n• ��, ��. �r +o,-..,.,+;,,,,,,i �,,;ia;r,� r co,.*;,,� i n� n., oraoa �... L'�x7D('' . � ......,.....,w .., _ . . _ _ � i � � c n�ni� vo� �� o,..;,, i n� n i o„aoa ;*� „+;,-or�, *,L o„a u� ��:�^.... ��e-�ec�e�s-�� i' n�g � a i n4 n��. �, i n4 �„a +�,o � o �,.�,oa,��o �o� �.,, ,.o�„�„�;,,,, ..,,a , , , ^ , ��., ,. �� , •� i�� - �� i,o ��e naoa aoio�oa �aaoa +� cir�cr c �rvrric , , �� «•,, , ^ �� n� co,.+;,,,, � n� z n ; o„aoa ; ;�� o„�;,.o*.. *„ ,-o.,a .,� � �i,,.,.�. . . �,��., .. �. � oa �r�, �. ��a� ��- i � ��, oa + .,+ ,.;*;,,,. o o�,�o��;,,,,� „�+;,,..o � b b � �� b�� . � �l Co,.�;,,., t n2 �'2 ; o„�oa r., ,-o��_.,� F ll,,.., � � . • � ,7 1' +' �7..,� ,. .,+ L.o o�,�0«,.7o.a Tl,a .. ,,1;�._ ♦' .7 + �L.o l].,�o .,F+l,o ,-,o YY � �YY p1 �avim ccicr The followin� amendments to the provisions of the plumbin� code adopted in FWRC 1325.030 are hereb ��pted: (1) Chapter 6 of the Uniform Plumbin� Code is herebv amended bv the addition of a new section: Section 612 Adoption of state regulations Rules and re�ulations of the state board of health re�ardingpublic water supplies entitled "Cross Connection Control Re�ulation in WashinQton State" WAC 248-54-250 throu 248-54-500 and the American Water Works Association, Pacific Northwest Section's Second Edition of "Accepted Procedure and Practice in Cross- Ordinance No. 10- Page 18 of 31 Rev 1/10 Connection manual" as the�presently exist and as thev mav from time to time, be amended in the future are hereby adopted by this reference as if set forth in full. (2) 103.3.3 Validitv of Permit is herebv amended bv the addition of a new subsection: 103.3.3.1 Amended Permit. When the scope of th �roj ect for which the permit was issued is changed the building official may amend the buildingpermit. When such fees specified in sections 103.4 have been paid and when chan�es to the plans and application are approved, the building official shall issue an "amended permit " which includes the approved chan�es as well as the ori ig nal plans and specifications. The issuance of such amended permit shall void the ori ig nal permit. (3) Section 103.3.4 Expiration is herebv amended to read as follows: Every�ermit issued bv the Authority Havin� Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the work authorized bv such permit is not commenced within one hundred and ei�y (180) days from the date of such permit, or if the work authorized b s�permit is suspended or abandoned at anv time after the work is commenced for a period of one hundred and eightv (180) davs. Before such work can be recommenced a new permit shall first be obtained to do so and the fee therefore shall be one- half ('/2) the amount required for a new permit for such work, provided no chan�es have been made or will be made in the ori�inal plans and specifications for such work, and provided further that such suspension or abatement has not exceeded one (l�vear. An�permittee holding an unexpired permit shall be allowed to applv far an extension of the time within which work shall be permitted to commence under the �ermit when the permittee is unable to commence work within the time rec�uired bv this section. The Authoritv Having Jurisdiction shall be permitted to extend the time for action one or more times bv the permittee for a period not exceeding one hundred and eig_ht�(1g0) davs upon written request bv the permittee In order to renew action on a permit after expiration where such sus�ension or abatement has exceeded one (1 vear the permittee shall pay a new full permit fee. �4) Section 103.4.1 Permit Fees is herebv amended to read as follows: Fees shall be accessed in accordance with the provisions of the City of Federal Wav fee schedule. �5) 103.42 Plan Review Fees is herebv amended to read as follows: When a plan or other data is required to be submitted by Section 103.2.2 a plan review fee shall be paid at the time of submitting�lans and specifications for review. The plan review fee shall be as set forth in the City of Federal Way fee schedule. (6) Section 103.4.3 Expiration of Plan Review is amended in its entirety: An application for a permit for an�proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such a�lication has been pursued in �ood faith or a permit has been issued• except that the buildinQ official is authorized to �rant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing A new complete permit application and full fees must be submitted to restart the review process on any expired ap�lication that cannot be extended. The new a�plication date is the date of the new submittal. Ordinance No. 10- Page 19 of 31 Rev 1/10 SECTION 23. FWRC 13.25.050 is hereby repealed in its entirety. , �,e ;.,��,,,�oa � SECTION 24. FWRC 13.30.010 is hereby amended to read as follows: 13.30.010 Code adopted. The following codes, all as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) Chapter 51-52 WAC — State Building Code Adoption and Amendment of the �AA�2009 Edition of the International Mechanical Code and of the �AAFr2009 Edition of the International Fuel Gas Code. SECTION 25. FWRC 13.30.020 is hereby amended to read as follows. 13.30.020 Amendments. -r�, � i � ��e�e-��—��^��a�-C-6Q�e��F r�� n n� n„ o�, o,.oi,� r �� i � c �' i n� �' a a a � r�oa t.., ��,o „aa;*;,,,, „f ., r,o.,, �„t,�o,.�;�� i n� � � ��..,.. �.,�.., .� ....��....�.. �.... ..»rr___.._..._w ..� --_� _��___--_- --- ---- �• ------------ - - - _ - �., ,-o.,,i .,� 4;.7t.,.,,�• � � . • � �� 11.,..,�• �A�'2'�P9YT r cv i��v6�i6r � n� n.,� . l �r� �z.�� «� co,.�;,, i n� n � ; „aoa ; ;�� or+;,-o*., �„ ,- �a .,., � �t,,..,�• � . . °.�...,.. ... . ..�...,�� ., _.,�� .. _..__.....,. � • > > � • . � Ordinance No. 10- Page 20 of 31 Rev 1/10 ,..,.,;��oo ��,.,ii ,�. , �,ii ,. ,....,;� � o �n� co,.�;,,,, i n� c �; �aoa �„ ,.o.,a .,� � ii,,.,.�• ., ., . ., � > > > > • �c� co,.+�„r �ni � : o„aoa ,,.,a � �,.�o,....o„+oa t.., �t,o .,,�,a;�;,,,, „� n „o „t.�o,.*;,,�� ni � i � ,,,.., .., ., �' � ==----- � ---------•— " • --=- . . . . i — - - -- � -- --- ---rr-- ---- -� --- ---- - -- . . �., ,-o.,.a .,� � 11.,,,,�. . . . � ;.ao .,4'�l,0 0 ,�t � .o.a .,.1.0„ �L,o � ,.1.,...,1�.,..o 0 00.7� [!1 : �,lt� The following amendments to the mechanical code adopted in FWRC 13.30.010 are herebv adopted: �1) Chapter 2 Definitions is hereby amended to read in part as follows: CODE OFFICIAL. Shall mean the Building Official. (2) 101.1 Title is herebv amended to read as follows These regulations shall be known as the Mechanical Code of the Citv of Federal Way, hereinafter referred to as "this code." �3) 103 is herebv deleted in its entirety �4) 104.6 Notices and orders is hereby amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1.15.040 (5) 106.3.3 Time limitation of application is herebYamended to read as follows: An application for a permit for any pro�osed work shall be deemed to have been abandoned 180 davs after the date of filin� unless such application has been pursued in good faith or a permit has been issued• exce�t that the buildingofficial shall have the authority to �rant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing. A new complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new �plication date is the date of the new submittal. (6) 106.4.1 A�proved construction documents is hereby amended by the addition of a new subsection: 106.4.1.1 Amended Permit. When the scope of work for which the permit was issued is changed the buildin� official ma�amend the buildin� permit. When such fees specified in sections 108 have been paid and when changes to the plans and application are approved, the building official shall issue an "amended permit " which includes the approved changes as well as the ori i�al plans and specifications. The issuance of such amended permit shall void the ori i�nal permit. �7)106.3.2 Preliminarv inspection is hereby amended to read as follows: Before a permit is issued the building official is authorized to inspect and evaluate the svstems, e�c uipment buildings devices premises and spaces or areas to be used. The building official mav require third party review to insure compliance with this code. The cost of such review shall be borne b�� applicant in compliance with the citv's fee schedule. (8) 106.4.3 Expiration is herebv amended in its entiretv: Ordinance No. 10- Page 21 of 31 Rev 1/10 Everypermit issued shall become invalid unless the work on the site authorized bv such permit is commenced within 180 davs after issuance or if the work authorized on the site bv such permit is suspended or abandoned for a period of 180 davs after the time the work is commenced. The buildin� official is authorized to grant in writin� one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and iustifiable cause demonstrated In order to renew action on a permit after ex�iration the �ermittee shall �ay a new full permit fee. (9) 106.5.2 Fee schedule is herebv amended to read as follows: The fees for mechanical work shall be accessed in accordance with the provisions of the Citv of Federal Way Fee Schedule �10) 106.5.3 Fee refunds is herebv amended in its entiret� Fees shall be refunded in accordance with the Ci of Federal Wa Fee Schedule. �11) 108.3 Prosecution of violation is hereby amended to read as follows: If the notice of violation is not complied with promptly, the buildin� official shall take action as prescribed in Article I of the FWRC. �12) 108.4 Violation penalties is hereby amended to read as follows: Persons who shall violate a provision of this code or shall fail to complv with any of the requirements thereof or who shall erect install alter or repair mechanical work in violation of the �proved construction documents or directive of the buildin� official, or of a permit or certificate issued under the provisions of this code shall be subject to the provisions of Article I of the FWRC. �13) 108.5 Stop work orders is herebY amended in its entiretv: Orders to cease activity. Whenever anv work is being done contrary to the provisions of this Code or other pertinent laws or ordinances implemented throu�h the enforcement of this Code, the buildin� official may order the work to cease by issuance of an order to cease activitv pursuant to the FWRC 1.15.030. (14) 108.6 Abatement of violation is hereb�amended to read as follows: The imposition be as prescribed in Article I of the FWRC. Any person who shall continue any work after havin� been served with an order to cease activit�xcept such work as that person is directed to perform to remove a violation or unsafe condition shall be subject to penalties as prescribed by law. (15� 108.7 Unsafe mechanical systems is herebv amended to read as follows: A mechanical svstem that is unsafe constitutes a fire or health hazard or is otherwise dan�erous to human life as regulated bv this code is hereby declared as an unsafe mechanical svstem. Use of a mechanical svstem regulated by this code constitutin� a hazard to health, safetv or welfare bv reason of inadequate maintenance dilapidation fire hazard disaster dama�e or abandonment is herebYdeclared an unsafe use. Such unsafe equi�ment and appliances are hereby declared to be a nuisance and shall be abated bv repair rehabilitation demolition or removal in accordance with Article I of the FWRC. (16) 108 7 1 Authority to condemn mechanical systems is hereby amended to read as follows: Whenever the buildin� official determines that anv mechanical system, or portion thereof, regulated by this code has become hazardous to life health property, or has become insanitarv, the buildin� official mav issue an order to cease activity. The cease activitv notice shall be issued Ordinance No. 10- Page 22 of 31 Rev 1/10 pursuant to Section 1.15.030 of the FWRC. A person shall not use or maintain a defective mechanical s vstem after receivin� such notice. When such mechanical s ystem is to be disconnected written notice as prescribed in Article I of the FWRC shall be given. In cases of immediate dan�er ta life or property such disconnection shall be made immediatelv without such notice. �17) 109.1 Application for appeal is hereby amended to read as follows_:_ Appeals of decisions or determinations made bythe buildin� official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060 (18) 109.1.1 Limitation of authoritv is herebv amended to read as follows: The hearings examiner shall have no authority relative to interpretation of the administration of this code nor shall such hearings examiner be empowered to waive requirements of this code. �19) 109.2 Membershi� of board is herebv deleted in its entiretv: �20) 109.2.1 Qualifications is herebv deleted in its entiret� (21) 109.22 Alternate members is hereby deleted in its entiret� �22) 109.2.3 Chairman is hereby deleted in its entiret� (23) 109.2.4 Disqualification of inember is hereby deleted in its entirety: �24) 109.2.5 Secretary is hereby deleted in its entiret� �25) 109.2.6 Compensation of inembers is herebv deleted in its entirety: (26) 109.3 Notice of ineeting is herebv deleted in its entiret� �27) 109.4.Open hearing is herebv deleted in its entiret� (28) 109.4.1 Procedure is hereby deleted in its entirety: �29) 109.5 Postponed hearing is herebv deleted in its entiret� (30) 109.6 Board decision is herebv deleted in its entiret� (31) 109.6.1 Resolution is hereby deleted in its entirety: (32) 109.6.2 Administration is hereby deleted in its entirety: (33) 109.7 Court review is hereby deleted in its entiret� SECTION 26. FWRC 13.35.010 is hereby amended to read as follows: 13.35.010 Code adopted. The following code is adopted as amended, added to, or excepted in this title, and shall be applicable within the city. Where this code is in conflict with one or more of the citv's adopted regulations, the more restrictive lan�uage shall applv: (1) �8AEr2009 Edition of the International Property Maintenance Code, , , , , • SECTION 27. FWRC 13.35.030 is hereby repealed in its entirety. � � � „ - - - � . . . Ordinance No. 10- Page 23 of 31 Rev 1/10 � �- . „ . - • - - - . . � �_ �_ . . � - - - - - � - . . . • �.. _ _ _ • �.. . . . - �• „ - - - - . . . �• . .. - �- � • - - - • �• � - - I i r / '�• • '- 1 _ � . . • . . � - �• � - - � - �• . . �• � - - � _ �• .• • �- . . � _ . � ■ . �� • � � . • � � � � � . . �� ! � _ i � � _ � � i • - - " � � - ' ! . � � • I � � I �' , SECTION 28. Chapter 13.35 of the FWRC is hereby amended to add a new section 13.35.020 to read as follows: 13.35.020 Amendments International Propertv Maintenance Code The following amendments to the Code adopted in FWRC 13.35.010 are herebv adopted: (1) 101.1 Title is hereby amended to read as follow: These re�ulations shall be known as the International Propertv Maintenance Code of Cit�of Federal Wav, hereinafter referred to as "this code." (2) 102.3 A�plication of other codes is hereby amended to read as follows: Repairs additions or alterations to a structure or changes of occupancv , shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code International Fuel Gas Code International Mechanical Code Uniform Plumbing Code National Electrical Code Washington State Energy Code and the Washin�?ton State Ventilation and Indoor Air Qualitv Code. Nothin� i this code shall be construed to cancel, modif�or set aside anyprovision of the Federal Wav Revised Code. (3) SECTION 103 is hereby deleted in its entiretv: (4) 106.2 Notice of violation is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Article I of the Federal Wav Revised Code (FWRC� �5) 106.3 Prosecution of violation is herebv deleted in its entiretv: �6) 106.4 Violation penalties is herebv deleted in its entiret� (7) 106.5 Abatement of violation is herebv deleted in its entiret� (8) 107.1 Notice to person responsible is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has or� to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 1.15.040 of the FWRC. (9) 107.2 Form is herebv deleted in its entiret� �10� 107.3 Method of service is herebv deleted in its entirety: �11) 107.5 Penalties is herebv deleted: (12) SECTION 111 title is herebv amended to read as follows: ^ HEARINGS EXAMINER 131 111.1 General Appeals of orders decisions or determinations made by the buildin� relative to the ap�lication and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) 111.2 Limitations on authorit� An application for a�peal shall be based on a claim that the true intent of this code or the rul_es le�allv adopted there under have been incorrectiv interpreted, the provisions of this code do not fullv apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearin�s examiner be empowered to waiye any requirements of this code. �15) SECTION 112 title is hereby amended to read as follows: ORDER TO CEASE ACTIVITY Ordinance No. 10- Page 26 of 31 Rev 1/10 (16� 112.1 Authoritv. Orders to cease activity. Whenever anv work is being done contrarv to the provisions of this Code or other pertinent laws or ordinances implemented throu�h the enforcement of this Code, the buildin� official may order the work to cease bv issuance of an order to cease activitv pursuant to the FWRC 1.15.030. (17) 112.2Issuance. Occupancv violations. Whenever anv buildin� or structure or equipment therein re�ulated by this Code is being used contrarv to the provisions of this Code, the building official mav, bv issuance of an order to cease activit�pursuant to FWRC 1.15.030, order such use discontinued and the structure, or portion thereof, vacated. (18) 112.3 Unlawful continuance. Any_person who shall continue anv work after havin�been served with an order to cease activitv, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed b �19) 202 Definitions is hereby amended to r�ad in part: CODE OFFICIAL. Shall mean the Buildin� Official. SECTION 29. FWRC 13.45.070 is hereby amended to read as follows: 13.45.070 Deposits — Insurance. An application for a permit under this chapter shall be accompanied by the following: (1) A cash deposit or corporate surety bond in the sum of $1,000 or such greater amount as the'��'a�rR ��'director of public works determines necessary as indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street or alley, sidewalk or other property of the city, which may be caused by or be incidental to the removal of any building over, along or across any street in the city and to indemnify the city against any claim of damages to persons or private property; (2) A public liability insurance policy providing $100,000 or such greater amount as the ' director of public works determines necessary to satisfy any claim by private individuals, firms or corporations arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the city; and (3) A cash deposit or a corporate surety performance bond in the sum of $500.00 or such greater amount as the ' director of public works determines necessary conditioned upon the, within six months from the date of the issuance of such permit: (a) Completing the construction, painting and finishing of the exterior of the building. (b) Faithfully complying with all requirements of this chapter, the building code, the zoning ordinance, and the other ordinances then in effect within the city, including but not limited to permitee completing such work within six months to the date of the issuance of such permit. In the event the provisions of this subsection are not complied with within the time specified, the sum of $500.00 shall be forfeited to the city as a penalty for the default, and this shall be in addition to any other penalties provided far failure to comply within the terms of this chapter. Ordinance No. 10- Page 27 of 31 Rev 1/10 SECTION 30. FWRC 13.55.020 is hereby amended to read as follows: 13.55.020 Fire code adopted. The following code, as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, is adopted and shall be applicable within the city: (1) The following chapter of the Washington Administrative Code as presently constituted or as may be subsequently amended: (a) Chapter 51-54 WAC, State Building Code Adoption and Amendment of the 20069 Edition of the International Fire Code, including Appendices B, C, E, �-F, I and J. State amendments to Sections 308.3.4, 308.3.5, 308.3.7, 503.1 through 503.4, 903.2.10.3 and 3006.4 are not adopted for any buildings. SECTION 31. FWRC 13.55.030 is hereby amended to read as follows: 13.55.030 Amendments. The following amendments to the fire code adopted in FWRC 13.55.020 are hereby adopted: �1) Section 101.1 Title. These re�ulations shall be known as the Fire Code of the City of Federal Wav hereinafter referred to as "this code." (�-2) Section 307.1.1 is amended to read as follows: Prohibited open burning. Open burning within the city limits shall be prohibited. �3) Section 510.2 Radio signal strength is hereby amended to read as follows: The buildin� shall be considered to have acceptable emergency responder radio coverage when si�,nal strength measurements in 95 percent of all areas on each floor of the building and all areas of all elevators meet the signal stren tg h requirements of Sections 510.2.1 and 510.2.2. (�4) Section 906.1 exception to item 1 is deleted in its entirety. (5) Section 914.3.1 Automatic sprinkler system is hereby amended bv the deletion of number 1 to the exception: Buildin�s and structures shall be equipped throu�hout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondarv water su�ly where required bv Section 903.3.5.2. Exception: An automatic sprinkler system shall not be required in spaces or areas of: 2. Telecommunications equipment buildin�s used exclusively for telecommunications ectuipment, associated electrical power distribution equi�ment, batteries and standby en�ines, provided that those spaces or areas are equi�ped throu with an automatic fire detection system in accordance with Section 907.2 and are separated from the remainder of the buildin�v not less than 1-hour fire bamers constructed in accordance with Section 707 of the International Buildin� Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 712 of the International Building Code , or both. (�6) Section 1008.1.8.3 item 2.1 is deleted in its entirety. (47) Section 3304.1 is amended in its entirety to read as follows: General. The storage of explosives and blasting agents within the city is prohibited. Ordinance No. 10- Page 28 of 31 Rev 1/10 Exception. The fire chief may issue a special permit far such storage where it appears in his or her judgment there will be no undue danger to persons or property. SECTION 32. FWRC 13.55.040 is hereby amended to read as follows: 13.55.040 Fire alarm system. All occupancies exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire a°�nalarm system. Fire walls as noted in Section 70�6 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire alarm system. (1) Exceptions: (a) Group U or R, Division 3, occupancies; (2) Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. SECTION 33. FWRC 13.55.050 is hereby amended to read as follows: 13.55.050 Sprinkler installation. Fire sprinkler systems shall be installed: (1) In all Group R, Division 3, occupancies exceeding �,-5883,600 square feet gross floor area (including attached garages) without adequate fire flow except as cited. (2) In all R-3 occupancies without approved fire department access as defined in Section 503 of the International Fire Code. (3) In all Group R, Division 2, occupancies having three or more levels or containing five or more dwelling units and Group R, Division 1, occupancies having three or more floor levels or containing 10 or more guest rooms. Quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling unit and guest room portions of the buildings. For the purposes of this section, condominiums shall be treated as apartments. For the purpose of this section, a"floor level" shall be defined as that portion of a building included between the upper surface of any floor and the surface of the next floor or roof above. Fire walls as noted in Section 70�6 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (4) In Group A occupancies that are used as nightclubs and discos where no alcohol is served and where the total gross floor area exceeds 5,000 square feet. Fire walls as noted in Section 70�6 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (5) In all other occupancies requiring 2,000 gallons per minute or more fire flow, ar where the total floor area included within the surrounding exterior walls on all floor levels, including basements exceeds 5,000 square feet. Fire walls, as noted in Section 70�6 of the International Building Code, shall not be considered to separate a building to enable deletion of the required fire sprinkler system. Group U occupancies are excepted from this subsection. (6) In all occupancies where the building is classified as an overwater structure. Ordinance No. 10- Page 29 of 31 Rev 1/10 Section 34. Severabilitv. 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. Section 35. 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 36. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 37. Effective Date. By unanimous consent, the City Council finds that this ordinance is needed for the immediate preservation of public peace, health and safety and is not subject to initiative or referendum. This ordinance shall take effect immediately upon adoption. PASSED by the City Council of the City of Federal Way this day of 2010. CITY OF FEDERAL WAY MAYOR, L1NDA KOCHMAR Ordinance No. 10- Page 30 of 31 Rev 1/10 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COLTNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 10- Page 31 of 31 Rev 1/10 COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #:�� AGENDA BILL SUS.�C'r: West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project Bid Award PoL�CY QuES'r�oN: Should the Council award the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project to the lowest responsive, responsible bidder? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: 7uly 12, 2010 ❑ � Public Hearing ❑ Other STAFF REPORT BY: Fei Tang P.E., Surface Water Project Engineer` ( DEPT Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated July 12, 2010. Options Considered: _ ..................._. _..._._. _._ . _ ._ . __._._. _ ... _......_ ...............................__...---........---._...._....._.....__.....__..__..._.._....__...._..__._..._........................._._._.._....-- ---..__._....----._...__....�._...._.._.�._.._--------- 1. Award Schedule A in the amount of $174,397.55, and conditioned upon receiving the funds from private developer to complete the work, award Schedule B in the amount of $6,696.44, totaling $181,093.99 (including sales tax), for the West Hylebos Creek Culvert ReplacementlRemoval and Flood Control Improvements Project to Lloyd Enterprises, Inc., the lowest responsive, responsible bidder and approve a 10% contingency of $17,439.76 for Schedule A and $669.64 for Schedule B, for a total of $199,203.39, and authorize the City Manager to execute the contract. 2. Do not award the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project to the lowest responsive, responsible bidder and reject all bids, and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the July 20 2010 City Council Consent Agenda for approval.. CITY MANAGER APPROVAL: �✓1 � DIRECTOR APPROVAL: ✓ Ci'" `. Committee Council Comm�ttee Council COMMITTEE RECOMMENDATION: Committe ommends forwarding Option 1 to the July 20, 2010 City C cil Consent Agenda for approval. r Dini Duclos, Chair Ji errell, Member ack ovey, ember PROPOSED COUNCIL MOTION "Awa che�ule A in the amount of $174,39T.55, art�ditioned upon receiving the funds from private devel to complete the work, award Schedule B in the amount of $6, 696.44, totaling $181, 093.99 (including sales tax), for the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project to Lloyd Enterprises, Inc., the lowest responsive, responsible bidder and approve a 10% contingency of $17,439.76 for Schedule A and $669.64 for Schedule B, for a total of $199,203.39, and authorize the City Manager to execute the contract. " (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 only) ORDINANCE # REVISED — 02/06/2006 RESOLUI'ION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 12, 2010 Land Use and Transportation Committee Brian Wilson, City Manager/Police Chief William Appleton, P.E., Surface Water Manager Fei Tang, P.E., Surface Water Project Engineer �� West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project— Bid Award BACKGROUND Six (6) bids were received and opened on June 29, 2010, for the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project. See attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Lloyd Enterprises, Inc. with a total bid of $181,094 (sales tax included). The low bid received was (39%) below the engineer estimate. This RFB consists of two bid schedules. Schedule A is to remove a culvert, regrade the stream channel, and replant the area with native plants. Schedule B is to construct a storm drain outfall and a portion of the sanitary side sewer for the private developer. Per our agreement, the private developer is completely responsible for the cost of Schedule B work. The low bidder's bid for Schedule A and B are $174,398 and $6,696, respectively. We have notified the developer of the cost to construct the private improvements and if the funds to complete the work are not received, schedule B will not be included in the contract with Lloyd Enterprises, Inc. Reference checks on Lloyd Enterprises, Inc. by City staff indicates that the contractor has performed similar work. As a result, City staff believes Lloyd Enterprises, Inc. can successfully complete this project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is Lloyd Enterprises, Inc. in the amount of $181,094 (sales tax included). Any funds remaining in the project when it is complete will be transferred to the unallocated SWM funds for future capital project. PROJECT ESTIMATED EXPENDITURES: Description Amount Engineering Design $ 50,000 Lloyd Enterprises' bid $ 174,397.55 10% Construction Contingency $ 17,439.76 Construction Inspection & Management (10%) $ 17,439.76 Printing and Advertising (Estimate) Private Construction Costs Private Construction Contingency TOTAL PROJECT COSTS PROJECT BUDGET: Description SWM Major CIP (Design) SWM Major CIP (Construction) Private Developer King County Flood Control District AVAILABLE FUNDING cc: Project File $ 5,000 $ 6,696.44 $ 669.64 $ 271,643.15 Amount $ 214,000 $ 414,000 $ 6,696.44 $ 91,000 $725,696.44 K:\LUTC�2010\7-12-10 W Hylebos Culvert Replacement - Bid Award.doc Unit Bid Tabulations Cost Estimate CITY OF FEDERAL WAY Project: RFB 10 (W. Hyle6os Creek Culvert Replacement/Removal and Flood Control lmprovements Project) Prepared by Fei Tar.g Date: June 29. 2010 Bid Plan Estim. Unit Engineer's Unit Price Total- Low Unit Price Totals- Unit Price Totals- Unit Price Totals- Unit Price Totals- Unit Price Totals- item Description Unit Qty. Price Estimate Low Bid Bid 2nd Bid 2nd Bid 3rd Bid 3rd Bid 4th Bid 4th Bid 5th Bid 5th Bid 6th Bid 6th Bid Westwater Contractor Name and bid comments: u od Enterprises, Inc. TF Sahli Construction Construction Compan KC Equi ment LLC Ohno Construction Construct Com an LLC Schedule A 1 Surve LS 1 $ 5,000.00 $ 5,000 $ 5,366.a0 $ 5,366.40 $ 2,185.00 $ 2,185.00 $ 3,000 $ 3,000.00 $ 10,500 $ 10,500.00 $ 9,000 $ 9,000.00 5 5,400 $ 5,400.00 2 Force Account FA 25,000 $ 1.00 $ 25,000 $ 1.00 $ 25,000.00 $ 1.00 $ 25,000.00 $ 1.00 $ 25,000.00 $ 1.00 $ 25,000.00 $ 1.00 $ 25,000.00 $ 1.00 $ 25,000.00 Contractor Mob. and Demob. $ 23,310 $ 13,148.77 $ 13,148.77 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 � 30,000.00 $ 30,000.00 $ 28,600.00 $ 28,600.00 $ 26,000.00 $ 26,000.00 3 LS 1 $ 23,310.00 4 Clearin & Grubbin LS 1 $]0,320.00 3 10,320 $ 5,889.70 $ 5,88970 S 8,000.00 $ 8,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 14,000.00 $ 14,000.00 $ 15,000.00 $ 15,000.00 Removal of Str. & $ 2,000 $ 1,199.43 $ 1,199.43 � 4,000.00 $ 4,000.00 $ 1,000.00 $ 1,000.00 � 10,000.00 $ 10,000.00 � 6,000.00 $ 6,000.00 3 10,000.00 $ 10,000.00 5 Obstructions LS 1 $ 2,000.00 6 Excavation IncL Haul CY 3,461 $ 15.00 $ 51,915 $ 8.a1 $ 29,107.01 $ 16.00 $ 55,376.00 $ 39.00 $ 134,979.00 $ 30.00 $ 103,830.00 $ 20.50 $ 70,950.50 $ 28.00 $ 96,908.00 7 TESC LS 1 $ 6,700.00 $ 6,700 $ 4,755.41 $ 4,755.41 $ 3,700.00 $ 3,700.00 $ 4,000.00 $ 4,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ Seedin AC 0.60 $ 3,000.00 $ 1,800 $ 1,747.20 $ 1,048.32 $ 2,000.00 $ 1,200.00 $ 3,000.00 $ 1,800.00 � 3,000.00 $ 1,800.00 � 4,400.00 $ 2,640.00 $ 1,680.00 $ 1,008.00 Temporary Erosion Control $ 6,900 $ 2.34 $ 5,382.00 $ 125 $ 2,875.00 $ 2.00 $ 4,600.00 5 5.00 $ 11,500.00 $ 4.00 $ 9,200.00 $ 225 $ 5,175.00 9 Blanket SY 2300 $ 3.00 10 To soil T e A CY 950 $ 40.00 $ 38,000 $ 31.67 $ 30,086.50 $ 27.00 $ 25,650.00 $ 38.00 $ 36,100.00 S 30.00 $ 28,500.00 $ 42.00 $ 39,900.00 $ 42.00 $ 39,900.00 11 pSIPE- Bi Leaf Ma le EA 12 $ 30.00 $ 360 $ 16.12 $ 193.44 S 8.00 $ 96.00 $ 30.00 $ 360.00 $ 20.00 $ 240.00 $ 28.00 $ 336.00 $ 15.50 $ 186.00 12 PSIPE- Dou las Fir EA 73 $ 10.00 $ 730 $ 7.80 $ 569.40 $ 10.00 $ 730.00 $ 12.00 $ 876.00 S 10.00 $ 730.0� $ 19.00 $ 1 ,387.00 $ 7.50 $ 547.50 13 PSIPE-Western Red Cedar EA 36 $ 10.00 $ 360 $ 7.80 $ 280.80 $ 10.00 $ 360.00 $ 12.00 $ 432.00 � 10.00 $ 360.00 S 19.00 $ 684.00 $ 7.50 $ 270.00 14 PSIPE- Western Hemlock EA 4 $ 10.00 $ 40 $ 13.00 $ 52.00 $ 10.00 $ 40.00 $ 12.OU $ 48.00 � 10.00 $ 40.00 $ 19.00 $ 76.00 $ 12.50 $ 50.00 15 YSIPE- Pacific Ninebark EA 168 $ 15.00 $ 2,520 $ 7.80 $ 1,310.40 $ 8.00 $ 1,344.00 � 10.00 $ 1,680.00 � 10.00 $ 1,680.00 5 19.00 $ 3,192.00 $ 7.50 $ 1,260.00 16 PSIPE- Snowbe EA 168 $ 20.00 $ 3,360 $ 7.80 $ 1,310.40 $ 8.00 $ 1,344,00 � 10.00 $ 1,6II0.00 � 10.00 $ 1,680.00 $ 19.00 $ 3,192.00 $ 7.50 $ 1,260.00 ll PSIPE- Salmonbe � EA 98 $ 20.00 $ 1,960 $ 7.80 $ 764.40 $ 8.00 $ 784.00 � 10.00 $ 980.00 � 10.00 $ 980.00 5 19.00 $ 1,862.00 $ 7.50 $ 735.00 1$ PSIPE- Sword Fern EA 98 $ 15.00 $ 1,470 $ 13.00 $ 1,274.00 $ 6.00 $ 588.00 $ 10.00 $ 980.00 � 10.00 $ 980.00 $ 19.00 $ 1,862.00 $ 12.50 $ 1,225.00 PSIPE- Sitka Willow, Live $ 720 $ 3.64 $ 524.16 $ 2.00 $ 288.00 $ 6.00 $ 864.00 $ 5.00 $ 720.00 $ 10.00 $ 1,440.00 $ 3.50 $ 504.00 19 Stake EA 144 $ 5.00 Temporary Irrigation System $ 20,000 $ 13,285.83 $ 13,285.83 $ 1,800.00 $ 1,800.00 $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 8,000.00 $ 8,000.00 $ 9,315.00 $ 9,315.00 �0 LS 1 $ 20.000.00 21 Streambed Gravel TON 600 $ 80.00 $ 48,000 $ 28.73 $ 17,238.00 � 30.00 $ 18,000.00 $ 15.00 $ 9,000.00 � 20.00 $ 12,000.00 $ 38.00 $ 22,800.00 $ 36.00 $ 21,600.00 One-Man Streambed Boulders $ 6,000 $ 24.68 $ 1,480.80 � 30.00 $ 1,800.00 � 30.00 $ 1,800.00 � 50.00 $ 3,000.00 S 75.00 $ 4,500.00 $ 130.00 $ 7,800.00 zZ EA 60 $ 100.00 SUB-TOTAL $ 256,465.00 $ 159,267.17 $ U5,160.00 $ 272.179.00 $ 273,540.00 $ 204,621.50 $ 274,143.50 SALES TAX $ 24,364.18 $ 15.13038 $ 16,640.20 $ 2�,857.01 $ 25,986.30 $ 25,]39.04 $ 26,043.63 TOTAL FOR SCHEDULE A$ 280,829.18 $ 174,397.55 $ 191,800.20 $ 298,036.01 $ 299,526.30 $ 289,760.54 $ 300,187.13 Schedule B SHORING OR EX'I�I2l1, $ 965 $ 0.32 $ 61.76 $ 60.00 $ 11,580.00 $ 2.00 $ 386.00 S 10.00 $ 1,930.00 $ 27.00 $ 5,211.00 $ 12.00 $ 2,316.00 1 EXCAVATION CLASS B LF 193 $ 5.00 PVC SDR 35 Storm Drain 12" $ 7,080 $ 3,907.83 $ 3,907.83 $ 10,000.00 $ 10,000.00 $ 4,500.00 $ 4,500.00 $ 3,500.00 $ 3,500.00 S 7,200.00 $ 7,200.00 $ 5,000.00 $ 5,000.00 z Diam. LS 1$ 7,080.00 Connection to Drainage $ 1,000 $ 886.40 $ 886.40 $ 2,500.00 $ 2,500.00 5 500.00 $ 500.00 S 500.00 $ 500.00 S 900.00 $ 900.00 $ 500.00 $ 500.00 3 Structure EA 1$ 1,000.00 PVC Sanitary Sewer Pipe 6" S 3,700 $ 17A2 $ 1,259.48 $ 65.00 $ 4,810.OQ $ 50.00 $ 3,700.00 $ 20.00 $ 1,480.00 $ 65.00 $ 4,810.00 $ 67.00 $ 4,958A0 4 diam. LF 74 $ 50.00 SUB-TOTAL $ 12.745.00 $ 6,ll5.47 $ 28,890.00 $ 9,086.00 $ 7,410.00 $ 18,121.00 $ 12,774.00 SALES TAX $ 1,210.78 $ 580.97 $ 2,744.55 $ 863.17 $ 703.95 $ 1,721.50 $ 1,213.53 TOTAL FOR SCHEDULE B� 13 955J8 $ 6,696.44 $ 31,634.5� $ 9 9�9.17 $ 8,113.95 $ 15,842.50 $ 13.987.53 Grant Total Bid Amount wlTax :$ 294,785 $ 181,093.99 $223,434.75 $ 307,985.18 $ 307,640.25 $ 3q9,603.04 $ 314,174.66 Percent of Engineer's Estimate: NA 61.4% 75.8% 104.5% 104.4% 105.0% 106.6% Bid ItemTabs With Enq Est- RFB 10-104.�s Page 1 Printed: 07/02/2010 COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM �GENDA BILL SUB,TECT: Department of Ecology Stormwater Retrofit and LID Competitive Grant POLICY QUESTION Should the Council authorize staff to submit a project proposal for the Department of Ecology Stormwater Retrofit and LID Competitive Grant? COMMITTEE Land Use and Transportation Committee CATEGORY: MEETING DATE: July 12, 201 O � Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William A leton P.E. Surface Water Mana er � DEPT Public Works _.._..._...._......._ ................... ___.._....��..._.............._�..............�......._......._.....---........................._. _ _._ _...__._.�............_.._. �....... - � ----.__ _..___..-----._.._............_._... __ __...------__�__ _--------------- Attachments: Memorandum to Land Use and Transportation Committee dated July 12, 2010 Options Considered: Authorize staff to submit a proposal to DOE for the expansion of the 356�' Regional Detention Pond Facility to be funded thru a DOE Stormwater Retrofit and LID Competitive Grant and SWM Capital Funds. 2. Do not authorize staff to submit the proposal. _ .............................................................�._..._...--- --........_............._._............_................._...._....._......_....._.............................................._._..............._....._._.._......._........._.._..._....._..__... STAF'F RECOMMENDATION Forward Option 1 to the July 20 2010 CITY MANAGER APPROVAL: �_ �_ Committee Council ✓ Council Consent Agenda for DIRECTOR APPROVAL: � (Y� Committ e Council COMMITTEE RECOMMENDATION Forward tion 1 to th July 20, 2010 City Council Consent Agenda for approval. j Dini Duclos, Chair Ji Ferrell, Member ac Dove , mber PROPOSED COUNCIL MOTION "I m to authorize staff to submit a proposal to DOE for the expansion of the 3S6`" Regional Detention Pond F ity to be funded thru a DOE Stormwater Retrofit and LID Competitive Grant. " (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 only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 12, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief ,�� FROM: William Appleton, P.E., Surface Water Manager SUBJECT: DOE Stormwater Retrofit and LID Competitive Grant BACKGROUND• The 2010 Washington State Legislature appropriated over $54 million to the Department of Ecology for local governments to address stormwater management and control. The funding is available to local municipalities covered by the National Pollutant Discharge Elimination System (NPDES) Phase I and II Municipal Stormwater permits. On June 17 2010 the Departxnent of Ecology announced the availability of Stormwater Retrofit and Low-Impact Development Competitive Grants to support the planning, design, and construction of stormwater retrofit and LID projects. Ecology will distribute a total of $23,447,000 under this program. The maximum grant amount for individual projects is $1.0 million of total eligible costs and recipients are required to provide a 25% cash only match. Surface Water Management recommends submitting a grant application for the S 356�' St Regional Detention Pond Expansion Project, a project proposed to be programmed in SWM's 2011-2012 budget cycle and a project that SWM believes would be competitive for grant funding. The project entails expanding the existing regional detention pond facility (RDF) to the south, utilizing the property vacated as part of the realignment of S 356th and the associated S 356th/SR 99 intersection work. Expansion of the RDF will provide the following water quality benefits: 1) Reduce downstream erosion as evidenced by the failing system of existing weirs; 2) Reduce channel migration and bed load movement downstream; and 3) Enhance water quality in the North Fork of the West branch of Hylebos Creek. The total project cost is estimated at 1.7 million dollars. One million dollars could potentially be covered by grant funding with the remaining $700,000 provided by SWM capital funds, covering the 25% cash match requirement. Grant applications must be submitted by August 31, 2010, and project completion must occur within four years of the fmal grant offer. Staff is requesting authorization to submit a grant application for the expansion of the S 356�' RDF for consideration of funding thru the DOE Stormwater Retrofit and LID Competitive Grant. COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: � AGENDA BILL SUB.rEC'r: Department of Ecology Stormwater Grant — FY 2012 Grant Funding Offer POLICY QUESTION Should the Council authorize staff to pursue a State Department of Ecology Stormwater Grant for $306,369 to be used to assist the City in implementing the Phase II NPDES permit? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance Council Business ResoluNon MEETING DATE: July 12, 2010 ❑� Public Hearing Other ST.�FF REPORT BY: William Appleton, P.E., Surface Water_Manager _� DEr'r•. Public Works _ _ _ ......................... ............................__ ......- ---.... .._ . Attachments: Memorandum to Land Use and Transportation Committee dated July 12, 2010 Options Considered: 1. Authorize the City Manager to execute and submit the required grant agreement in order to obtain grant assistance in the amount of $306,369. 2. Do not authorize staff to execute and submit the agreement and provide direction to staff. STAFF RECOMMENDATION Forward Option 1 to the July 20, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: �`/k'✓� � DIRECTOR APPROVAL: �� __��" ""' � Committee Cou cil Comm�ttee Council COMMITTEE RECOMMENDATION Forward approval. �_i A ��w � / . Dini Duclos, Chair / to the July 20, 2010 City Council Consent Agenda for PROPOSED COUNCIL MOTION `I ov to authorize the City Manager to execute�ke-gr�nt agreement required to apply for grant assistanc in e amount of $306, 369. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 12, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief FROM: William Appleton, P.E., Surface Water Manager SUBJECT: Department of Ecology Stormwater Grant — FY 2012 Grant Funding Offer BACKGROUND' On June 21, 2010 the City received a letter (attached) from the Department of Ecology announcing that Federal Way has been identified for a Municipal Stormwater Capacity grant. The total amount of this award is $306,369. Grant funding is to be used to carry out the requirements of the NPDES stormwater permit through training, equipment purchases, education and outreach, inspection/monitoring and program development. There are no matching funds required for this grant. All funds awarded must be expended by June 30�', 2012. A"Grant Acceptance Intent Notice" (GAIN) has been signed by the City Manager and submitted to the Department of Ecology (DOE). A formal grant agreement must be signed and executed by October 1, 2010. Staff is requesting authorization to submit the required grant agreement in order to obtain grant assistance in the amount of $306,369. This amount has been included in the 2011-2012 SWM Budget as a new program proposal. cc: Project File Day File �� StATg o � O� � � + P w < — x �'� � ? n 0 � I889 , Y STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-634 June 17, 2010 The Honorable Jack Dovey, Mayor City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Re: Municipal Stormwater Capacity Grants FY 2012 - Grant Funding Offer Dear Mayor povey: JUN 21 ZO10 �r� f � � • r �i . �i � ? � I am pleased to inform you that your community has been identified for a Municipal Stormwater Capaciry grant from the Department of Ecology's (Ecology) new stormwater grants program. The total amount of this award is $306,369. The 2010 Washington State Legislature provided $54,609,000 for locai governments covered by the National Pollution Discharge Elimination System (NPDES) Phase I and II Municipal Stormwater permits for stormwater management activities, retrofit of existing stormwater facilities, and implementation of low-impact development (LID) techniques. Ecology is offering two financial assistance grant programs with the 2010 legislative appropriation: 1) The Municipal Stormwater Capaciry Grants program, and 2) The F'Y20�2 Stormwater Retrofit and LID Competitive Grants. Information and guidelines for the second competitive grant program wili be available on Ecology's website at: http://www.ecy.wa. govlprograms/wq/fundin�ycles/2012/index.html Eligible local governments covered by the NPDES Phase I and II permits may use the Municipal Stormwater Capacity Grants to irt�plement and manage stormwater activities. This letter includes instructions and a Grant Acceptance Intent Notice (GAIl� to receive the Municipal Stormwater Capacity Grant. To initiate the agreement process, the GAIN must be returned to the following address no later than 5 pm, July 2, 2010 (e-mail and faat copies are acceptable): Washington State Department of Ecoiogy Water Quality Program ATTN: Mindy Baliinger PO Box 47600 Olympia, WA 98504-7600 E-mail: mindy.ballinger@ecy.wa.gov FAX: 360-407-7151 z�A COLINCIL MEETING DATE: July 20, 2010 ITEM #:�G�,� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED MODIFICATIONS TO THE CITY COUNCIL RULES OF PROCEDURE TO REFLECT MAYOR-COUNCIL FORM OF GOVERNMENT POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT THE PROPOSED RESOLUTION MODIFYING THE CITY COUNCIL RULES OF PROCEDURE TO REFLECT THE MAYOR-COUNCIL FORM OF GOVERNMENT`? COMMITTEE N/A CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance � Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson City Attorney DEPT: Law _.......... _.... z .... ................................. ...... _..._ . _..... _. ....... Attachments: Staff report and a proposed resolution with the City Council Rules of Procedure attached. Options Considered: l. Approve and adopt the proposed resolution modifying the City Council Rules of Procedure to reflect the change of government and to become effective upon certification of the mayoral election. 2. Modify the proposed resolution modifying th Procedure to reflect the change of government and certifcation of the mayoral election. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: � �_ Committee Council COMMITTEE RECOMMENDATION: DIRECTOR APPROVAL: e City Council Rules of to become effective upon N� � Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the modifications to the City Council Rules of Procedure to reflect the change in government and to become effective upon certification of the mayoral election " (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 only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # . � � s � � CITY ATTORNEY'S OFFICE MEMORANDUM DATE: JULY 13, 2010 TO: CITY COUNCIL MEMBERS CC: THO KRAUS, ACTING CITY MANAGER � FROM: PATRICIA RICHARDSON, CITY ATTORNEY 1 SUBJECT: PROPOSED MODIFICA,TIONS TO THE CITY COUNCIL RULES OF PROCEDURE AT THE MARCH 2, 2010 SPECIAL STUDY SESSION CITY COUNCIL DIRECTED THE CITY ATTORNEY TO MODIFY THE CITY COUNCIL RULES OF PROCEDURE TO REFLECT THE CHANGE OF GOVERNMENT AS PROPOSED. THE PROPOSED LANGUAGE IN RULE 3.t REFLECTS COUNCIL DISCUSSION ON ROTATING PARTICIPATION IN AGENDA SETTING. THE PROPOSED LANGUAGE IS UNDERLINED AS FOLLOWS: 3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and place of the meeting, and setting forth a brief general description of each item to be considered by the Council. The agenda is subject to approval by the Deputy Mayor and one Committee Chair. The assignment of the Committee Chair will be for one vear in accordance with the alphabetical order of the committees: Finance/Economic Development/Re�ional Affairs Committee; followed bv Land Use/Transnortation Committee; and Parks/Recreation/Human Services & Public Safetv Committee. THE REMAINDER OF THE PROPOSED CHANGES IS REFLECTED IN THE ATTACHED TABLE. K:\cm\elected mayor\staff report\council rules COUNCIL RULES DELETE CM REPLACE CM INSERT DELETE INSERT W/ MAYOR MAYOR MAYOR "DEPUTY" MAYOR Index - Section 18 Section 2 Section 2 Section 2 Section 2 2.1(2) 2.1(5) 2.1(6) 2.2(3) 2.1(3) 2.2(10) 2.1(4) 2.2(3) Section 3 Section 3 Section 3 3.2 4) 3.3 3.1 Section 5 5.3 Section 6** 6.19 Section 7** 7.5 Section Section 9 93 9.9 Section 10 Section 10 Section 10 10.1 10.1 10.1 Section 11 113 Section 15 Section 15 152 15.2 Section 16 16.5 16.11(6) 16.27 Section 18 - all Section 18 - references to CM; selection of renumbered De u Ma or Section 19 Section 19 Section 19 1924 19.1 19.12 19.26 19.27 Section 20 Section 20 Section 20 20.3 20.8 20.5 20.6 20.9 Section 21 Section 21 21.1 21.3(8) 21.3(1) &(2) Appendix « �� Section 2.4 - seating configuration addressed to add a seat at the dais for a total of 8. RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Amending the City Council Rules of Procedure to Reflect the Mayor-Council Form of Government. WHEREAS, the City of Federal Way, Washington was formed in February 1991 as a noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and WHEREAS, on November 3, 2009, a majority of the votes cast were in favor of reorganization of the City of Federal Way as a Mayor-Council form of governrnent; and WHEREAS, pursuant to said election results the City of Federal Way shall abandon its current Council-Manager form of government and reorganize as a Mayor-Council form of government as provided in RCW 35A.06.060; and WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of government shall not take effect until the election, qualification and assumption of office under RCW 35A.020.050, of the Mayor under the Mayor-Council form of government; and WHEREAS, on March 2, 2010, the City Council of Federal Way conducted a Special Study Session and directed the City Attorney to modify the City Council Rules of Procedure to reflect the Mayor-Council form government; and WHEREAS, the modifications to the City Council Rules of Procedure are attached herein and identified below NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Resolution No. 10- Page 1 of 3 Rev 1/10 Section 1. Delete "City Manager". The term "City Manager" shall be deleted entirely in the following rules: 2.1(2); 2.1(3); 2.1(4); 2.2(3); 32(4); 10.1; 152; and all of Section 18. Section 2. Replace "Ci , Manager" with "Ma,�� The term "City Manager" shall be replaced with "Mayor" in the following rules: 2.1(5); 2.2(10); 3.3; 5.3; 93; 9.9; 16.5; 16.11(6); 16.27; 19.24; 19.26; 19.27; and 203. Section 3. Insert "Ma,��or". The term "Mayor" shall be inserted in the following rules: 2.1(6); 6.19; 7.5; 10.1; 15.2; 21.1; 21.3(1); and 21.3(2). Section 4. Delete "Ma,��or". The term "Mayor" shall be deleted in the following rules: 19.1; 20.8; and Appendix "A" (7). Section 5. Insert "Deputy" before "Mavor". Insert the word "Deputy" before "Mayor" in the following rules: 2.2(3); 3.1; 10.1; 11.3; Section 18 regarding selection of Deputy Mayor; 19.12; 20.5; 20.6; 209; and 21.3(8}. 5ection 6. Severabilitv. 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 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. Resolution No. 10- Page 2 of 3 Rev 1/10 Section 9. Effective Date. This resolution shall be effective immediately upon King County Records' certification of the mayoral election in November, 2010. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:�resolution\2010\transition\council rules Resolution No. 10- Page 3 of 3 Rev 1/10 CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE ADOPTED JANUARY 21, 1992 Amended March 17, 1992 May 19,1992 July 21,1992 December 15,1992 April 20,1993 January 18,1994 June 7,1994 September 21,1994 December 6, 1994 November 16,1999 February19,2002 February 19, 2003 Apri16, 2004 March 7, 2006 May 15, 2007 September 18, 2007 March 3, 2009 February 16,2010 OFFICE OF THE CITY CLERK INDEX SECTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 TITLE Authority Council Meetings Agenda Preparation Council Discussion Citizen Comment Motions Ordinances Mayor and Deputy Mayor Council Relations with City Staff Council Meeting Staffing Council Member Attendance at Meetings Public Hearings Media Representation at Council Meetings Council Representation Confidentiality Council Travel & Expenses PAGE NO. 4 4 8 9 10 10 12 13 14 15 15 16 1? 17 18 18 2 SECTION NO. 17 18 � 19�8 20� 21� 22� 234 TITLE PAGE NO. Public Records 26 r"��g��t�er��-Qce�s� �� Mayor/Deputy Mayor Selection Process 27 City Advisory Committees 27 Council Committees 31 Filling City Council Vacancies 32 Miscellaneous 35 Suspension and Amendment of Rules 35 3 SECTION l. AUTHORITY 1.1 The Federal Way City Council hereby establishes the following Rules of Procedure ("Rules") for the conduct of Council meetings, proceedings and business. These Rules shall be in effect upon adoption by the Council and until such time as they are amended or new Rules adopted in the manner provided by these Rules. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (1) Re�ular Meetin�s Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall. Regular Council meetings will begin at the hour of 7:00 p.m., and will adjourn no later than 10:00 p.m. To continue past this time of adjournment, a majority of the Council must concur. If any Tuesday on which a meeting is scheduled falls on a legal holiday, the meeting shall be held at 7:00 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. (2) Special Meetings A Special meeting is any Council meeting other than a Regular Council meeting. Notice shall be given at least 24 hours in advance specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be scheduled by the Deputy Mavor, Mayor •or at the request of a majority of the Council Members. (3) Studv Sessions Council's Study Sessions will be held, when needed, as follows: Study sessions may be called by the Deputy Mavor, Mayor�t� �1�a-�age� or by two (2) or more Council Members. 0 Study Sessions will be informal meetings for the purpose of reviewing forthcoming programs, receiving progress reports on current programs or projects, or receiving other similar information. The Deputy Mavor, Mayor and r;*�� "'�°°^rt°� determine on-going dedicated schedules for regular Study Sessions. No final decisions can be made at a Study Session. Decisions on those issues will be scheduled for a Regular or Special Council meeting. (4) Emer�ency Meetings An Emergency meeting is a Special Council meeting called without the 24-hour notice. An Emergency meeting deals with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of a 24-hour notice would make notice impractical and increase the liketihood of such injury or damage. Emergency meetings may be called by the ' -e� the Mayor or -_��*'� *'�^ ^^„°^„* ^'' a majority of Council Members. The minutes will indicate the reason for the emergency. (5) Executive Session Meetin�s An Executive Session is a Council meeting that is closed except to the Council, r'�*�� "�^�°^�°� and authorized staff inembers and/or consultants authorized by the �i b Mayor. The public is restricted from attendance. Executive sessions may be held during Regular or Special Council meetings and will be announced by the Mayor or the Chair of the Special Council Committee, respectively. Executive session subjects are limited pursuant to Chapter 42 RCW, including considering real property acquisition and sale, public bid contract performance, complaints against public officers and employees, public employment applications and public employee evaluation, elective office appointments and attorney-client discussions. Before convening an Executive session, the Mayor or Chair shall announce the purpose of the meeting and the anticipated time when the session will be concluded. Should the session require more time, a public announcement shall be made that the meeting is being extended. (6) Retreats The annual retreat will be scheduled for the last week or weekend of January. Council may request the Mayor�a€� to schedule a mid-year � retreat at its discretion. 5 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (1) Call Meetin� To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member has an excused absence. The Mayor may, with the concurrence of the Council Members, take agenda items out of order. Agenda items may be added pursuant to Section 3.3 of these Rules. (2) Pledge of Allegiance Council Members and, at times, invited guests lead the flag salute. (3) Proclamations and Presentations A Proclamation is defined as an official announcement made by either the City Council or the Mayor. City Council Proclamations are defined as those non-controversial events which have a major citywide impact. City Council Proclamations shall be publicly read at a City Council meeting and presented to a representative of the event during the Council meeting. Mayor's Proclamations are defined as those non-controversial events which are requested by and for a special interest group within the City. Mayor's Proclamations are signed by the Mayor and forwarded to a representative of the event. The Mayor and Deputv Mayor shall determine if the Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. �-i��l4�ge�Mayor - Introduction of New City Employees and Emerging Issues (4) Citizen Comment Members of the audience may comment on items relating to any matter. Citizen comment sign-ups will be available at each regular council C:� meeting for the use of those citizens wishing to address the Council. Comments are limited to three (3) minutes, except that for a person whose property is the subject of a condemnation ordinance then pending before the City Council, or a person speaking on behalf of a group, comments are limited to five (5) minutes. No speaker may convey or donate his or her time for speaking to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during any regularly scheduled City Council meeting other than the regularly scheduled Citizen Comment period. These agenda items include, but are not Iimited to, ordinances, resolutians and Council Business issues. (See also Section 5, "Citizen Comment" of these Rules.) (5} Consent Agenda Consent Agenda items have either been fully considered by a City Council Committee or are considered to be routine and non- cantroversial and may be approved by one motion. Items on the Consent Agenda include but are not limited to, minutes, resolutions and ordinances discussed at a previous City Council or Committee meetings, bid awards and previously authorized agreements. Any Council Member may remove any item from the Consent Agenda for separate discussion and action. (6) Public Hearin�s See Section 12 of these Rules for discussion of public hearing procedure. (7) Council Business Council Business items are usually those items other than resolutions and ordinances requiring Council action. (8) Introduction and First Reading of Ordinances Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance at this time or at any time prior to adoption, direct staff to further review the ordinance, or approve placing the ordinance on the Consent Agenda at an upcoming Regular Council meeting for enactment as an enforceable City law. 7 (9) Council Reports The Council Members may report on significant activities since the last meeting. (10) r'�� "'�°�°�-°� Report The Mayorr'�*�� "'�^�°°°�- and staff update the Council Members on current issues or items of Council interest. (11) Adiournment With no further business to come before the Council, the Mayor adjourns the meeting. 2.3 MEETING MINUTES The City Clerk will keep an account of all proceedings of the Council in accordance with the statutory requirements, and proceedings will be entered into a minute book constituting the official record of the Council. City Council meeting minutes will not be revised without a majority affirmative vote of the Council at a regularly scheduled Council meeting. ( 2.4 COUNCIL MEMBER SEATING A City Council Member's seat at the dais will be determined as follows: (1) The Mayor and Deputy Mayor shall sit in Chairs #4 and #5, the center seats at the dais, °�,� +►,^ 7'° �.., "�r° °�,^" °'+ *^ +�,° ",r° ~'° ~'~ _ �; r'�; and (2) The remaining Council Members will be seated north to south by position #1 through #'7, as consecutively as possible. SECTION 3. AGENDA PREPARATION 3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and place of the meeting, and setting forth a brief general description of each item to be considered by the Council. The agenda is subject to approval by the De u Mayor and +'�° r'�� "'�° Committee Chair. The assignment of the Committee Chair will be for one year in accordance with the alphabetical order of the committees: Finance/Economic Development/Re�ional Affairs : Committee; followed bv Land Use/Transportation Committee; and ParksLRecreation/Human Services & Public Safetv Committee. 3.2 An item may be placed on a Council meeting agenda by any of the following methods: (1) A majority vote of the Council; (2) Council consensus; (3} By any twa (2) Council Members; ( _ ; (�} By a Council Committee; or (b� By the Mayor. A draft agenda will be provided to all City Council Members who shall have approximately 48 hours to review prior to publication. 3.3 An item may be placed on a regular Council meeting agenda after the agenda is closed and the notice published if the Council Member or r';*� n'�^r^�;^� I explains the necessity and receives a majority vote of the Council at a public meeting. 3.4 The City Clerk will endeavor to schedule sufficient time between public hearings and other scheduled items, so the public is not kept unduly waiting, and so the Council will have sufficient time to hear testimony and to deliberate matters among themselves. _ 3.5 Legally required and advertised public hearings will have a higher priority over other time-scheduled agenda items which have been scheduled for convenience rather than for statutory or other legal reasons. 3.6 Agendas will be finalized by Wednesday, noon - approximately one (1) week prior to the Council meeting. Agenda materials will be available, at City Hall, for the Council, City staff, media and public on the Friday before the meeting. 3.7 All agenda items packet reports will be in the format provided by the City Clerk's Office. 3.8 The Council may use the agenda item cover sheet "Recommendation Statement" language for making a motion. SECTION 4. COUNCIL DISCUSSION 0 4.1 All Councii discussion shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED. SECTION 5. CITIZEN COMMENT 5.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. No speaker may convey or donate his or her time for speaking to another speaker. All remarks will be addressed to the Council as a whole, and not to individual City staff inembers. Any person making personai, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be requested to leave the meeting. 5.2 The Mayor has the authority to preserve order at all meetings of the Council, to cause the remaval of any person from any meeting for disorderly conduct and to enforce these Rules. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to restore order at any meeting. 5.3 Citizens with complaints, coneerns or questions, will be encouraged to refer the ' matter to the r'�'�� "'�^�°�^rMavor, or ask that the matter be placed on a future City Council meeting, or Council Committee agenda with the appropriate background information. Any citizen who voices a concern or complaint at a City Council meeting which involves a potential violation of the City's Code of I Ethics shall be advised by the Council, the Mayor or City Management staff, of the existence of the City's Board of Ethics, and of the procedures for requesting Ethics Board opinions and/or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion does not receive a second, it dies. Motions that do not need a second include: Nominations, withdrawal of motion, agenda order, request for a roll call vote, and point of order. 6.2 A motion that receives a tie vote is deemed to have failed. 10 6.3 When making motions, be clear and concise and not include arguments for the motion within the motion. 6.4 After a motion and second, the Mayor will indicate the names of the Council Members making the mation and second. 6.5 After a motion has been made and seconded, the Council may discuss their opinions on the issue prior to the vote. No further citizen comments may be heard when there is a motion and a second on the floor, unless allowed by the Mayor. After a motion has been made and seconded, the Council may ask questions of staff and/or discuss their opinions on the issue prior to the vote. No further citizen comments may be heard when there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council concurs or agrees to an item that does not require a formal motion, the Mayor will summarize the agreement at the conclusion of the discussion. 6.7 A motion may be withdrawn by the maker of the motion, at any time, without the consent of the Council. 6.8 A mation to table is undebatable and shall preclude all amendments or debates of the issue under consideration. If the motion to table prevails, the matter may be "taken from the table" only by adding it to the agenda of a future Regular or Special meeting at which time discussion will continue; and if an item is tabled, it cannot be reconsidered at the same meeting. 6.9 A motion to postpone to a certain time is debatable as to the reason for the postponement but not to the subject matter of the motion; is amendable; and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. 6.10 A motion to postpone indefinitely is debatable as to the reason for the postponement as well as to the subject matter of the motion; is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 6.11 A motion to call for the question shall close debate on the main motion and is undebatable. This motion must receive a second and fails without a two-thirds' (2/3) vote; debate is reopened if the motion fails. 11 6.12 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. Motions that cannot be amended include: Motion to adjourn, agenda order, lay on the table, roll call vote, point of order, reconsideration and take from the table. A motion to amend an amendment is not in order. 6.13 Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor will announce the results of the vote. 616 When a question has been decided, any Council Member who voted in the majority may move for reconsideration, but no motion for reconsideration of a vote shall be made after the meeting has adjourned. 6.1? The City Attorney shall decide all questions of interpretations of these Rules and other questions of a parliamentary nature which may arise at a Council meeting. (See also Section 4 of these Rules.) All cases not provided for in these Rules shall be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules shall prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non- unanimous votes, or if requested by a Council Member, or as required by law. The purpose of roll call votes is to assist the City Clerk in recording the vote and to communicate to the viewing public during televised City Council meetings the outcome of the vote. The official meeting minates will always reflect roll call votes on each action item. 6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal may be voted on by the Council. An appeal may not be amended, is not debatable when it relates to indecorum, transgressions of the rules of speaking, the priority of business, or if the appeal is made while the previous question remains pending. In the event of a tie vote, the Mayor may vote unless the matter is an ordinance, �rant, revocation of franchise or license, or resolution for payment of money . An appeal is not in order when another appeal is pending. SECTION 7. ORDINANCES 12 7.1 All ordinances shall be prepared or reviewed by the City Attorney. No ordinance shall be prepared for presentation to the Council, unless requested by a majority of the Council, or requested by the r'�'�� "'�^~^�°rMayor or City Attorney. 7.2 Ordinances will be introduced and enacted by a Council Bill Number. After enactment, the City Clerk shall assign a permanent ordinance number. 7.3 The City Clerk or designee shall read the title of the ordinance prior to voting unless the ordinance is on the Consent Agenda. 7.4 Upon enactment of the ordinance, the City Clerk shall obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk shall obtain the signature of the Mayor. After the Mayor's signature, the City Clerk shall sign the ordinance. 7.5 If the Mavor objects to the ordinance and notifies the Council of the obiections, the Council ma�� vote on the disputecl ordinance at the ne?�t City Council meetin�. If a maiority of the Council plus one vote to approve the disputed ordinance, it becomes effective in accordance with the effective date in the ordinance. If a majoritv of the Council plus one do not approve the disputed ordinance, it fails. 7.6 Ordinances, or ordinance summaries, shall be published in the official newspaper, as a legal publication, immediately following enactment. 7.67 Ordinances become effective tliirty (30) days after the passage of the ordinance unless otherwise specified. SECTION 8. MAYOR AND DEPUTY MAYOR 8.1 The Presiding Officer at all meetings of the Council shall be the Mayor, and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent, the Council Members present shall elect one of its members to serve as Presiding Officer until the return of the Mayor or Deputy Mayor. . 8.2 The Presiding Officer shall: (1) Preserve order and decorum in the Council chambers; (2) Observe and enforce these Rules; 13 (3) Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; (4) Recognize Council Members in the order in which they request the floor. The Presiding Officer, as a Council Member, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members; and (5} From time ta time, appoint Cauncil Members to serve on City Council and ad hoc committees. SECTION 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There will be mutual respect from both City staff and Council Members of their respective roles and responsibilities when, and if, expressing criticism in a public meeting. 9.2 City staff will acknowledge the Council as policy makers, and the Council Members will acknowledge City staff as administering the Council's policies. 9.3 All written informational material requested by individual Council Members � shall be submitted by City staff, after approval of the r'�� "'�° to all Council Members with a notation indicating which Council Member requested the information. 9.4 Council Members shall not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. 9.5 The Council shall not attempt to change or interfere with the operating rules and practices of any City department. 9.6 Mail that is addressed to the Mayor and Council Members shall be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 14 9.7 The City Clerk shall not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member shatl direct the Mayor�Fa�ge� to initiate any action or prepare any report that is significant in nature, or initiate any significant project or study without the consent of a majority of the Council. New initiatives having policy implementation shall be directed to a Council Committee for consideration. 9.9 Individual requests for information can be made directly to the Department Director unless otherwise determined by the Mayor. If the request would create a change in work assignments or City staffing levels, the request must be made through the ' Mayor- 9.10 To provide staff the necessary preparation time, Council Members will provide � staff advance notice of any questions or concerns they may have regarding an agenda item prior to a public meeting, if possible. ( 9.11 Council recognizes the unique status of employees represented by labor unions, and will refrain from meeting with those employees during negotiations in order to prevent any misunderstandings or the perception of circumventing the formalized, statutory negotiation process. This sectian does not apply to candidate endorsement interviews or other political forums. Staff will notify Council by April l of the year in �vhich all collective bargaining agreement will expire. It is the responsibility of the candidate to promptly notify the City Attorney of any interview and/or contact by the union representatives. SECTION 10. COUNCIL MEETING STAFFING 10.1 The r';*� "'�° shall preside over � all regular meetings of the Council unless excused. The ' Mayor may make recommendations to the Council ,a �, " �. *�, �,* * * ' * "' *''° `"°^"°°'^n� ^c *`'° '� I �.« r'^-•--�� -�-* ��"�^°^ -� �*^. When the Mayor has an excused � absence, the Deputv Mavor shall rp eside over�� the meeting. 10.2 The City Attorney shall attend all meetings of the Council unless excused, and shall, upon request, give an opinion, either written or oral, on legal questions. The City Attorney shall act as the Council's parliamentarian. The Deputy or Assistant City Attorney shall attend meetings when the City Attorney has been excused. . 15 10.3 The City Clerk, or designee, shall attend Regular meetings of the Council, keep the officiat journal (minutes), and perform such other duties as may be needed for the orderly conduct of the meeting. SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (1) Death of immediate familv member "Immediate family members" are defined as: spouse, child, parents, siblings, grandparents, father and mother-in-law, or daughter and son- in-law. (2} Illness Illness of a Couneil member or of an immediate family member, as defined above, requiring the member to personally attend and care for the immediate family member pravided that the illness does not necessitate an absence longer than six (6) months. (3) Three nonconsecutive absences Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Section 11.3. (4) Absences for Council Business A Council member who is absent because of other commitments representing Council or because of circumstances beyond the Council member's control, which include but are not limited to traffic, weather, accident. ll.2 VACANCY OF OFFICE A Council position shall become vacant upon three (3) consecutive unexcused absences or more than three (3) nonconsecutive absences as defined in Section 11.1(3). (RCW 35A.12.060) 16 11.3 Council Members wilI inform the Mayor, the Deputv Mayor„ *'�^ r';� "'I°"^'�^" � or City Clerk if they are unable to attend any Council meeting, or if they knowingly will be late to any meeting. The minutes will show the Council Member as having an excused absence. SECTION 12. PUBLIC HEARINGS 12.1 TYPES There are two types of public hearings: legislative and quasi-judicial. The Mayor will state the public hearing procedures before each public hearing. Citizens may comrnent on public hearing items. 12.2 LEGISLATIVE PUBLIC HEARINGS The purpose of a legislative public hearing is to obtain public input on legislative decisions on matters of policy, including without limitation, review by the City Council of its comprehensive land use plan or the biennial budget. 12.3 QUASI-JUDICIAL PUBLIC HEARINGS The purpose of a quasi-judicial public hearing is to decide issues including the right of specific parties and include, without limitation, certain land use matters such as site specific rezones, preliminary p�ats, and variances. The City Council's decision on a quasi-judicial matter must be based upon and supported by the "record" in the matter. The "record" consists of all testimony or comment presented at the hearing and all documents and exhibits that have been submitted. In quasi-judicial hearings, Council Members shall comply with all applicable laws including without limitation the appearance of fairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. Council members should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Council member or a Council member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, 17 each Council member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council member should disclose the facts to the City Manager who will seek the opinion of the City Attorney, which will be communicated to the Council member and the Mayor. SECTION 13. MEDIA REPRESENTATION AT COUNCIL MEETINGS 131 Ali public meetings of the City Council, Council Committees, and Council advisory committees shall be open to the media, freely subject to recording by radio, television an�d photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meeting. Seating space shall be provided for the media at each public meeting. SECTION 14. COUNCIL REPRESENTATION 14.1 If a Council Member appears on behalf of the City before another governmental agency, a cammunity organizatian, or through the media, for the purpose of commenting on an issue, the Council Member shall state the majority position of the Council, if k�na�vn, on such issue. Personal opinions and comments whicl� differ from the Council majority may be expressed if the Council Member clarifies that these statements do not represent the Council's position. 14.2 Council Members need to have other Council Members' concurrence before representing (1) another Council Member's view or position, or (2) the majority of Council's view or position with the media, another governmental agency or community organization. SECTION 15. CONFIDENTIALITY 15.1 Council Members shall keep confidential all written materials and verbal information, including but not limited to the topic(s) and/or the substance, provided to them during Executive Sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Council Members outside of Executive Sessions when the information is considered to be exempt from disclosure under exemptions set forth in the Revised Code of Washington (RCW 42.23.070(3)). : 15.2 If the Council, in Executive session, has provided direction or consensus to City staff on proposed terms and conditions for any type of issue, all contact with the other party should be done by the designated City staff representative handling the issue. Council Members should obtain the permission of the £� �►4��-a�e�maioritv of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the r;� "'�° Any Council Member having any contact or discussion needs to make full disclosure to the r"*�� "'�° °° �City Council in a timely manner. 15.3 Council member believes that a topic or discussion in Executive Session is improper, the Council member may refuse to participate and leave the Executive Sessian and say nothing outside of the Executive Session. SECTION 16. COUNCIL TRAVEL AND EXPENSES 161 PURPOSE AND ADMINISTRATION The objectives af this policy are to provide elected officials who incur authorized travel, subsistence, registration and related expenses while on city business, reasonable and timely mechanisms for the reimbursement and/or the advancement of such necessary expenditures. It is also recognized that City payment for business related food and beverage for non-travel purposes will be incurred by the City Council wherein reimbursement will be provided. This policy statement also serves to provide guidelines by which to determine whether or not expenditures by the City Council may be reimbursable to the Council Member, and by which to determine refreshments and related costs served or made available at meetings involving volunteers and other quasi-employees are legitimate City expenditures. Claimants have the responsibility for becoming knowledgeable about authorized expenditures and the documentation requirements. Care must be taken to avoid unnecessary or excessive expenditures, and those not directly and reasonably related to the conduct of City business. 16.2 DOCUMENTATION Except for per diem allowances, no claim for reimbursement shall be paid unless it is accompanied by a bona fide vendor's receipt. Such receipts should show the date, a description of the purchase, vendor identification and amount paid. 19 16.3 CLAIMS Claims for reimbursement shall contain the following: (1) The name of the person who consumed the goods or used the service for which reimbursement is requested, whether it be for meals, lodging, transportation or any other purpose; and (Z) A description of the event, occasion or circumstances related to the claim and the public policy or public purpose served. 16.4 MEALS Meal costs must be incurred directiy by the claimant; direct billing to the City by a restaurant is prohibited except by way of an authorized City credit card. Reasonable payment for table service at a restaurant, commonly referred to as a tip, is reimbursable as a reasonable and necessary cost for such service. 16.5 PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS The reasonable cost of necessary meals while conducting City business is authorized for reimbursement. All City officials claiming reimbursement for meals consumed while on City business shall be entitled to reimbursement not to exceed the per diem rate as established by the Ei�P►9[a-�ge�Mayor and modified from time to time. Notwithstanding the foregoing index, actual meal costs may be claimed when they are part of a regularly scheduled business event such as training seminar, professional meeting, or other business meeting. If the costs of ineals for persons other than the claimant are included, unless otherwise approved by the r;'� ""^°°�°�'Mayor or designee, those persons must be entitled to meal reimbursement in their own right and they shall be listed by name and title in claim documentation. 16.6 EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS Unauthorized expenditures include, but are not limited to: (1) Liquor. 20 (2) Expenses of a spouse or other persons not authorized to receive reimbursement under this policy. 16.7 TRAVEL Reimbursement for reasonable costs of business travel is authorized. General guidelines are as folIows. 16.8 CITY VEHICLE Out-of-the-area costs of vehicle operation are authorized, such as gas, oil, tires and necessary repairs. 16.9 PERSONAL VEHICLE Expenses shall be reimbursed for travel within a 300 mile radius of the City at such rate per mile as shall be established from time to time by the City Manager in his/her discretion, but not to exceed the then current maximum rate allowed by the United States Internal Revenue Service for reimbursement of such expenses for purposes of business travel expense deductions. Trips beyond this Iimit will be reimbursed at the lower of a) the established rate per mile, or b) the lowest available (other than non-refundable} airfare obtainable by the City's Finance Staff plus mileage reimbursement at the then current City rate, based upan the estimated distance beriveen the airport and the destination. Incidental travel costs such as parking, ferry or bridge tolls are reimbursable as they would be if a City vehicle was provided. 16.10 RENTAL VEHICLE The cost of vehicle rental is considered an exception to this policy and must be approved by the Mayor or designee in writing. The rental of the vehicle must include the option for additional insurance coverage offered at the rental agreement. 16.11 AIR TRAVEL Arrangement for air travel on City related business shall be arranged as outlined below: (1) Whenever feasible, the need for air travel arrangements should be provided at least 5 weeks in advance of the departure date. (2) The authorized procurer will arrange for air travel based on the lowest available (other than non-refundable) airfare for a regularly scheduled 21 flight which reasonably accommodates the time of travel requested, and the destination as specified. (3) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. (4) If personal travel is combined with business related travel, the traveling Council Member shall be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City shall only pay the lowest available (other than non-refundable) airfare for the round trip between the Seattle/Tacoma airport and the business related destination. Such payment for a personal travel shall accompany the City's payment to the vendor for the tickets whenever feasible. (5) If changes in travel plans occur that are the result of City business requirements, (i.e. delays in departure, cancellations, extended stays, or revised itinerary) any associated costs shall be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (6) Officials who obtain airline tickets on their own will be reimbursed based on the lower af: a) Actual out-of-pocket cast paid for the airline tickets or alternate means of transportation (substantiated by a receipt); or b) the lowest (other than non-refundable) airfare available for their time of travel, unless an exception is granted in writing by the Mayor or designee. In this case, the official must pay the cost of the travel and seek reimbursement along with all other travel expenses. Direct billing of airfare to the City is allowed only if ordered by the City Staff, as may be authorized by the r;*� "'�^r°�°rMayor. 16.12 FIRST CLASS AIR TRAVEL First class air travel is not authorized. 16.13 OTHER TRAVEL EXPENSES Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry, porter, bellman and the like (not including any maid service) are authorized by a listing of same as provided by the reimbursement form. Payment of a reasonable amount for porter service, bellman service and the like is considered to be a necessary payment for such service and, therefore, reimbursable. 16.14 VENDOR'S RECEIPT 22 A vendor's receipt will be required only when the single item cost of this type expense exceeds $10.00. Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash system, subject to the Petty Cash Guidelines. 16.15 OUT-OF-STATE OR OVERNIGHT TRAVEL To be eligible for any City reimbursement for out of state and/or overnight travel expense, the one way travel distance must be greater than 50 miles from City or home. 16.16 ACCOMMODATIONS Reasonable hoteUmotel accommodations for officials are acceptable and will be reimbursed at a maximum of the single room rate. A vendor's receipt for this category is required for all claims. Direct billing of hotel/motel charges is not allowed unless by way of an authorized City credit card. 16.17 INCIDENTAL EXPENSES Includes all reasonable and necessary incidental expenses and includes, but is not limited to, the following: 16.17.1 ALLOWABLE INCIDENTAL EXPENSES Laundry expenses if away from home four (4) or more calendar days. Baggage checking. Business telephone and postage expenses. Personal telephone calls home, if away from home for more than a 24 hour duration, are considered a business telephone expense. 16.17.2 NON-ALLOWABLE INCIDENTAL EXPENSES Personal entertainment. Theft, loss or damage to personal property. Expenses of a spouse, family or other persons not authorized to receive reimbursement under this policy 23 Barber or beauty parlor services. Airline and other trip insurance. Personal postage, reading material, telephone calls. Personal toiletry articles. 16.18 NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subiect to the following: (1) Meals consumed by the City official during meetings and other functions which conduct official City business or serve to benefit the City of Federal Way are reimbursable to the official. (Z) Generally, the City will not incur costs for refreshments, and other related items, for meetings or functions held in the normal course of business or that are attended solely by City officials. However, such meetings or functions wherein a municipal function, public purpose, or City program is served or furthered, and wherein the City Council has expressly approved the meeting as such, the City may incur such costs directly or as a reimbursement to employees who have incurred such costs on behalf of the City. (3) Refreshments purchased solely for personal entertainment are not a legitimate City expense. 16.19 CEREMONIES AND CELEBRATIONS (1) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi-employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. (2) Private celebrations rather than public celebrations are not generally considered as serving a public purpose. Refreshment, food and beverage related costs would therefore not be recognized as legitimate City expense. F� (3) Support of a locai "event" or celebration may not take the form of a gratuitous contribution of pubtic funds to a private person, committee or organization. Expenditure of public funds on a publicly sponsored event requires the existence of a recognizable public purpose that relates to the City's existence, proper authorization from the legislative authority for such public sponsorship, and a reasonable relationship between the amount of the City's expenditure and the "public" nature of the event. 25 I6.20 MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS Council Member claims for the reimbursement of ineal costs for non-city employees and non-city officials shall be documented and approved by the Mayor or designee. The documentation must identify: (2) The names of the individual or individuals being hosted; (2} Their official title or capacity as it related to City business; (3) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (4) How this activity was an appropriate way to carry out that purpose or policy. 26 16.21 16.22 16.23 16.24 CLAIMS AND APPROVAL PROCEDURE All claims shall be submitted for reimbursement using the form provided by the City Finance Department. Travel and subsistence expenses except for incidental and minor costs will not be paid from any Petty Cash Fund, unless it is in compliance with petty cash policy adopted by the City. Special approvals required by this policy shall be obtained by Council Members, from the Mayor or designee. Claims may inctude the reimbursable costs of other City officials who would be entitted in their own right to claim business expenses. Claims of Council Members must be approved by the Mayor or his/her designee. 16.25 Exceptions to the expense rules for unu�ual circumstances may be approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. 16.26 In preparation of the City's budget, Council Member travel and training expenses shall be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members, and that are not anticipated at the time of budget adoption, must be approved by the Mayor or designee. 16.27 REPORT A report, oral and/or written as appropriate, shall be made to the Council at a regularly scheduled Council meeting as soon as practical, following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports shall be maintained by the City Clerk. The Mayor shall make an annual State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The ' Mayor shall provide an Executive Summary following each I City Council retreat which shall be made available to the public. SECTION 17. PUBLIC RECORDS ►x� 17.1 Public records created or received by the Mayor or any Council Member should be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.56 RCW. Public records that are duplicates of those received by, or in the possession of the City, are not required to be retained. Questions about whether or not a document is a public record or if it is required to be retained should be referred to the City Attorney. 17.2 Electronic mai� communications that da not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record. All other messages that relate to the fanctional responsibility of the recipient or sender as a public official constitute a public record. E-mail communications that are intended to be shared among four or more Council members, whether concurrently or serially, must be considered in light of the Open Public Meetings Act. If the intended purpose of the e-mail is to have a discussion that should be held at an open meeting, the electronic discussion should not occur. Further, the use of e-mail communication to form a collective decision of the Council violates the Open Public Meetings Act. , i 1 / . ► . . - � ;, • � � • • ► / E � !L��+� 'v�rJ� 14 1 Ti.� 1�A., !�'.. �..1 Mo�.,l�,.� .,�1 !'';t.� l��i.� rio�-�ri ■ ♦ N ' n b II�I�+4VI111111\.il1L�.�H14{iilVL � Q � ��+„r +�,., ,,..:+,,..;., �..,.,,, �,,,�„ a,,. ,.i,..,,.a +�,.. r�,,,,.,�� ,... Z � ' 1LLl.l LV LVll{.11l Vll �, � a � � a „�a urt,� •n n + ��, ;:��#c��e�ea-e��ie��:�a��° �n�z:,r��< <..��L �-e�s f''..,,.....1 l � R.,...l � . �S��'ivuia'�i -- iirccs — pi?vT�$�ir�scc • e f f ) t �} � * + a.,,e�s �..�,.a;.,,� �,,,+ „+ �;,,,�te�-�e�r3� ��c��n�Z > > > > > ; ,,,a.,+;,.., +,. +�.., ,,,,+;..,, r,.,,..,,;i .,� ��,,, +;,..,. „+�+�,� ,. .,i.,..+.,.., �-4 r„ �� +�.,, r;�, na� r�n .,+ ..�� ,,+ „*,. ,.+ ►, n �,,. ....,a„ auuaa iva. ausaua- .�...�;l.�hl� +., 4i.� �..,4;...� !''�.,.,�,;1 14 G A+ +i.� ., .,1,...+;.�,. r �L,., � oll =0�7 „' IIIZLIILJ 111(i, lJr �l� rL' HJ •1 Vll NJ �,a: ;a, �i ..+� 1.. r� ;i na,,,..x.� *i,� r.�, M.� ��, +„ °; .�z.� i i � • _ . rr:� �,� r�e�;� r,,,,,,,,;� na�,,,h,,,.� �;.., �R.,,,.,,.�„ .,,,,a �;+sr �t+,.,.,,,,., , � �� . � Q � rr�, r� �+ r+�, r•.� nR ��,,.,+; +� b., +�, r•+. , T� «�:, �,�.�, � 4 (�y� py� py�_ ..+� ;c .� +�,,, r•�, n�rnn� ..�� • ,,.,r j'rC�p��iG'�TrGT/A7'�([T]'(VyrUlll ' `�� II�IlV,�llll�lll - ✓ 1 1 ee�t-�&�+. rr�,• + + ,,,�c +,, h„ ,,,a r,, o.,+ n�o , .. . iiuA I«.11l ui u � 4 4 Ti.n l�ii.,....�. �l,�ll .. . .�n 1.,+�... +1,.,., 41.,, ., �.+ . . .7..., 1 . � . . mu.. sa... ... ......�. i� ..� b ` b ' c�rrrTnN � EPUTY MAYOR SELECTION PROCESS 118.1 The Deputy Mayor shall be nominated and elected from the ranks of the sitting Council Members. 1�38.2 The �t�e��-Deputy Mayor shall be elected for two (2) year terms at the first � Regular City Council meeting in January of the applicable year, by a maj�rity vote of the City Council in accordance with RCW 35A.�:8�812.065 °--�.-.�. � 198.3 The Mayorr'•'� ��--�,-:� or designee shall conduct the election for the Deputv Mayor. . (See Appendix "A" to these Rules.) SECTION �-819. CITY ADVISORY COMMITTEES �819.1 Federal Way's commissions, committees and task forces provide an invaluable service to the City. Their advice on a wide variety of subjects aids �l�e-A�a� �-Council Members in the decision-making process. Effective citizen participation is an invaluable tool for local government. �819.2 These advisory bodies originate from different sources. Some are established by ordinance while others are established by motion of the City Council. It is at the discretion of the Council as to whether or not any advisory body should be established by ordinance. 3819.3 Federal Way advisory bodies bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but not compete for public office can be involved in 29 governmental commissions, committees and task forces. These bodies also serve as a training ground or stepping stone for qualified persons who are interested in seeking public office. ��819.4 As Federal Way advisory bodies have been formed since incorporation, the adoption of uniform rules of procedure is necessary to assure maximum productivity. The following policies govern the City's advisory groups; some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, the Federal Way City Code, or at times by state law. I�$19.5 Every advisory body, when it is formed, will have a specific statement of purpose and function, which will be re-examined periodically by the City Council to determine its effectiveness. This statement of purpose is made available to all citizen members when they are appointed. I�819.6 The size of each advisory graup is determined by the City Council and the size is related to its duties and responsibilities. Another determination to be made prior to formation, is the cost impact for City staffing a proposed advisory body. I�819.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. !�849.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members during a regularly scheduled meeting. (�819.9 For new applicants responding to the advertisement the Council Committee of the Whole will convene to review the applications, interview the applicants and recommend Citizen Advisory Committee appointments to the City Council. Any Council Member who shall attend the public interview session shall be eligible to vote on the recommendation to be made to the full Council. A quorum of three (3) CounciI Members shall be required to forward any recommendation to the fult Councii. The full City Council shall vote on the appointments to the Citizen Advisory Committee at a regularly scheduled Council meeting unless the appointment is made under Rule 20.13. I�919.10 The City Council will not interview applicants already serving in the position, and may approve reappointment of citizens wishing additional terms subject to any limits established by ordinance or other laws without conducting public recruitment or interview. ��819.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. �81912 Vacancies will be advertised not more than three times so that any interested citizen may submit an application. Council Members are encouraged 30 to solicit applications from qualified citizens. In the event there are insufficient number of applications to fill the vacancies, the De u Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council member may contact the City Clerk to request the interview process as set forth in Rule �919.9. If no Council Member requests the interview process, the De u Mayor will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be citizens of the City of Federal Way if required by the Federal Way City Code or if required by the City Council. Applications shall be available from the Office of the City Clerk. �819.13 Lengths of terms vary from one advisory body to another, but in all cases overlapping terms are intended. On special work task forces, where a specific project is the purpose, there need not be terms of office. �-919.14 Newly appointed members will receive a briefing by the commission, committee or task force chairperson and/or City staff, regarding duties and responsibilities of the members of the advis�ry body. This will include a review of the� City of Federal Way Ethics Code. Each newly-appointed member will receive an information packet which will include a Certificate of Appointment signed by the City Council, a commission, committee or task force membership list, responsible City staff inember, statement of purpose for the advisory body which may include an ordinance, resolution, bylaws, or annual work program and a copy of the City af Federal Way Ethics Code. �$19.]5 All advisory bodies will be responsible for adopting their operating � policies consistent with the establishing resolution or ordinance. �919.16 Ail meetings of advisory bodies are open to the public in accordance with the public meeting laws of the State of Washington which requires a minimum 24-hour advance notice; no advisory committee will schedule a meeting earlier than 7:00 a.m. 3A19.17 The number of ineetings related to business needs of the advisory group may be set by the individual body, unless set forth in a resolution or ordinance. Notice of all meetings, including date, time, place and principal subjects to be discussed will be published in accordance with the public meetings laws of the State of Washington and the policies of the City of Federal Way. �819.18 The advisory body chairperson will be responsible for coordinating the � meeting agendas with the appropriate City support staff. �819.19 Minutes will be kept of all meetings in accordance with the public meeting laws of the State of Washington. The appropriate City support staff will be responsible for preparation of the minutes of each advisory committee meeting. 31 ��819.20 Excessive absenteeism, excluding illness or required travel, is cause for the removal of an advisory body member. Three (3) consecutive absences will be considered resignation from the body unless prior to the third absence, the member has requested, and been granted, an excused absence. The advisory body granting the excused absence will determine the validity of the request. 3819.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory committee, prior to the expiration of their term of office, by a majority vote of the City Council. I 3819.22 A quorum for conducting business is a simple majority of the membership of the advisory body. I �819.23 All members of advisory bodies should be aware of the need to avoid any instance of conflict of interest. No individual should use an official position to gain a personal advantage. ��819.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by � cantacting the r;*�. "'�°�°rt°� office. In the event a position is taken that differs from that of the City's policy, an advisory body acting as an official body of the City of Federal Way, cannot represent that position before another body, i.e., the State Legisiature or the King County Council. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that he or she is not speaking as a regresentative of the City of Federal Way, or as a member of his or her commission, committee or task force. I�819.25 Members of advisory bodies are encouraged to attend City Council meetings to keep abreast of Councii actions. �819.26 The City Council transmits referrals for information or action through the r'�*�� "''^°°°^�-Mayor to the advisory groups. These advisory groups transmit findings, reports, etc., to the City Council through the C� �9�►�ge�Mayor. �819.27 While the City staff s role is one of assisting the commission, committee or task force, the City staff inembers are not employees of that body. The City staff inembers are directly responsible to his or her Department Director and the Mayor ' � . �819.28 Annually, each advisory committee shall develop a work program for the City Council's consideration and approval. The City Council may amend the committee's work program. 32 SECTION 20�-. COUNCIL COMMITTEES 2�01 Council committees are policy review and discussion arms of the Council. Committees may study issues and develop recommendations for consideration by the Council. Committees may not take binding action on behalf of the City unless a quorum of the City Council is present, the Council Committee has been advertised as a Special Meeting of the Whole City Council and, by majority vote, the City Council has directed that such action occur at the Council Committee. Council Committee structure shall be as determined by the City Council in January of each year. The 2007 committees are as follows: FINANCE//ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE LAND USE/TRANSPORTATION COMMITTEE PARKS/RECREATION/HUMAN SERVICES & PUBLIC SAFETY COMMITTEE 2�0.2 Committees shall establish regular meeting scbedules as determined by the Chair af the Committee in consultation with the Committee members. 2�0.3 Each committee will have staff support assigned by the Mayorr'�*�� "'�°°°rt°r. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 2�0.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Councit Members. These summaries will be in lieu of verbal reports at Council meetings. 20�.5 The Mayor or Deputy IVIaYor may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 2�0.6 Committee appointments (chairs and members) shall be made by the De u Mayor. The De u Mayor will take into account the interests and requests of individual Council Members in making committee assignments. 2�0.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 33 � 2�0.8 �„��-�..,��-`—`�n„ �» ,.. ,,,�,o.. ��c o� The Deputy Mayor may serve as "ex officio" or be appointed to a committee. 2�0.9 The De u Mayor will make committee assignments each January, with members serving one (1) year terms. The De u Mayor has the discretion to appoint or remove Committee members at any time SECTION 2�1. FILLING CITY COUNCIL and MAYOR VACANCIES 2�1.1 PURPOSE The purpose of this section is to prowide guidance to the City Council when a Federal Way Council Member or Mayor position becomes vacant before the expiration of the official's elected term of office. Pursuant to state law, a vacancy shall be filled only until the next regular municipal election, to serve the remainder of the unexpired term. I 2�1.2 REFERENCES RCW 42.30.110(h) - Executive Session Allowed to Consicler Qualifications of a Candidate for Appointment to Elective Office. RCW 42.30.060 - Prohibition on Secret Ballots. RCW 42.12 - Vacant Position. RCW 35A.1�S2.0�50 - Vacancies - Filling of Vacancies in MaYar- Council��e� Form of Government. � 2�1.3 APPOINTMENT PROCESS (1) A Council position or Mavor position shali be officially declared vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written intent to resign, or death of a Council Member or Mayor. The Council Member or Mayor who is vacating his or her position cannot participate in the appointment process. (2) The M aYor ' " shall direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The Citv Council shall direct staff to be�in the Mayoral appointment process and establish and interview and appointment schedule, so that the position is filled at the earliest opportunity. 34 (3) The City Clerk's Office shall prepare and submit a display advertisement to the City's official newspaper, with courtesy copies to all other local media outlets, which announces the vacancy consistent with the requirements necessary to hold public office: that the applicant (a) be a registered voter of the City of Federal Way, and (b) have a one (1) year residency in the City of Federal Way. This dispiay advertisement shall be published once each week for two (2) consecutive weeks. This display advertisement shall contain other information, including but not limited to, time to be served in the vacant position, election information, satary information, Council Member or Mayor powers and duties, the deadline date and time for submitting applications, interview and appointment schedules, and such other information that the City Council deems appropriate. (4) The City Clerk's Offce shall prepare an application form which requests appropriate information for City Council consideration of the applicants. Applications will be available at City of Federal Way� offices, King County libraries located in Federal Way, the Federal Way Chamber of Commerce office, the Federal Way School District administration office and such other locations that the City Council deems appropriate. Copies of the display advertisement will be provided to current members of City of Federal Way commissions, committees, task forces and other City-sponsored citizen groups. (5) Applications received by the deadline date and time will be copied and circulated, by the City Clerk's Office, to the Mayor and City Council. Packets may also contain additional information received such as endorsements, letters of reference and other pertinent materials. (6) The City Clerk's Office shall publish the required public notice(s) for the meeting scheduled for interviewing applicants for consideration to the vacant position. This meeting may be a regularly scheduled City Council meeting, or a special City Council meeting. (7) The City Clerk's Office shall notify applicants of the location, date and time of City Council interviews. (8) Prior to the date and time of the interview meeting, the Mayor or Deputy Mayor shall accept one interview question from each Council Member. 231.4 INTERVIEW MEETING Each interview of an applicant/candic�ate shall be no more than 30 minutes in length as follows: � (l) The applicant shall present his or her credentials to the City Council. (10 minutes) (2) The City Council shall ask the predetermined set of questions which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions, and will have 2 minutes to answer each question. (14 minutes) (3) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) (4) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. (5) The Council may reduce the 30-minute interview time if the number of applicants exceed six (6) candidates, or alternatively, the Council may elect not to interview all of the applicants if the number exceeds six (6) candidates. The decision as to which applicants to interview will be based on the information contained in the application forms. � 2�1.5 VOTING Upon completion of the interviews, Council Members may convene into Executive Session to discuss the qualifications of the applicants. However, a11 interviews, deliberations, nominations and votes taken by the Council shall be in open public session. (1) The Mayor shall ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. (2) Nominations are closed by a motion, second and majority vote of the Council. (3) Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. (4) The Mayor shall poll Council Members to ascertain that Council Members are prepared to vote. (5) The City Clerk shall proceed with a roll-call vote. (6) Elections will continue until a nominee receives a majority vote of the remaining Council members. � (7) At anytime during the election process, the City Council may postpone elections until a date certain or regular meeting if a majority vote has not been received. (8) Nothing in this policy shall prevent the City Council from reconvening into Executive Session to further discuss the applicant/candidate qualifications. (9) The Mayar shall declare the nominee receiving the majority vote as the new Council Member and shall be sworn into office by the City Clerk at the earliest opportunity or no later than the next regularly scheduled City Council meeting. (10) If the City Councit does not give a majority vote within 90 days of the declared vacancy, the Revised Code of Washington delegates appointment powers to King County. SECTION 2�2. MISCELLANEOUS 2�2.1 When Council Memhers register to attend an official conference requiring votiag delegates, such as the annual National League of Cities or Association of Washington Cities, the Council shall designate the voting delegate(s) and alternate voting delegate(s) during a public meeting, by a majority vote; when possible, said selection of voting delegate(s) shall be done on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. SECTION 243. SUSPENSION AND AMENDMENT OF � RULES 243.1 Any provision of these rules not governed by state law or ordinance, may be I temporarily suspended by a two-thirds (2/3) majority vote of the Council. 243.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. K:\city manager\council rules�2009\clean copy 3/3/2009 37 APPENDIX "A" EPUTY MAYOR ELECTION PROCESS (1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3} If only one (1} nomination is made, it is appropriate to make a motion and obtain a second to instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by majority vote of Council Members present. (4) If more than one (1) namination is made, an open election is conducted by roll cali vote. (5) To be elected, the nominee needs a majority vote of the Council. ((6) Elections will continue until a"��-��-Deputy Mayor are elected by a majority vote of the Council. (7) The r'•'�'^�� declare the nominee receiving the majority vote as the new De u Mayor. . The Clerk shall swear the Deputy Mayor��a�s into office. C: COUNCIL MEET�NG DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: RESOLUTION AMENDING THE FEDERAL WAY CODE OF ETHICS POLICY QUESTION: SHOULD THE FEDERAL WAY CITY COUNCIL ADOPT THE PROPOSED RESOLUTION AND PROPOSED MODIFICATIONS TO THE FEDERAL WAY CODE OF ETHICS TO REFLECT THE CHANGE OF GOVERNMENT TO MAYOR-COUNCIL? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance � Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson City Attorney DEPT: Law _.........__. ...................._..............._.......___.._.._............................__.........................._............................................a..............._ ........_._............................. ..__............................_.........._.........__._...................__............_.................._ _._._.......__ ....._.................................. __.._._..... _........................... Attachments: Staff report, proposed resolution and proposed amendments to the Code of Ethics Options Considered: l. Approve and adopt the proposed resolution amending the Federal Way Code of Ethics. � 2. Modify the proposed resolution amending the Federal Way Code of Ethics. 3. Reject the proposed resolution amending the Federal Way Code of Ethics. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: S1 � Committee COMMITTEE RECOMMENDATION: � DIRECTOR APPROVAL: �_ �_ Council Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the proposed resolution amending the Federal Way Code of Ethics to reflect the Mayor-Council form of government. " (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 only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # i ''�� . .� �, . . . CITY ATTORNEY'S OFFICE MEMORANDUM DATE: JULY 12, 2010 TO: COUNCIL MEMBERS CC: THO KRAUS, ACTING CITY MANAGER � FROM: PATRICIA RICHARDSON, CITY ATTORNEY � SUB3ECT: UPDATE THE CODE OF ETHICS TO REFLECT MAYOR-COUNCIL GOVERNMENT AT THE MARCH 2, 2010, SPECIAL STUDY SESSION COUNCIL DIRECTED THE CITY ATTORNEY TO MODIFY THE FEDERAL WAY CODE OF ETHICS TO REFLECT THE MAYOR-COUNCIL FORM OF GOVERNMENT. THE PROPOSED CHANGES AS REFLECTED IN THE RESOLUTION AND ATTACHED REDLINED CODE OF ETHICS ADDRESSES THE FOLLOWING AREAS: 1. EXPAND THE DEFINTION FROM "COUNCILMEMBER" TO "ELECTED OFFICIAL". THE TERM "ELECTED OFFICIAL"IS INTENDED TO INCLUDE THE ELECTED MAYOR, COUNCIL MEMBERS AND MEMBERS ON CITY BOARDS, COMMISSIONS, AND COMMITTEES. 2. REPLACE "CITY MANAGER" WITH "MAYOR TO REFLECT THAT THE CITY'S FORM OF GOVERNMENT IS MAYOR-COUNCIL. 3. INSERT "DEPUTY" BEFORE MAYOR TO REFLECT THAT THE SECTION APPLIES TO COUNCILMEMBERS AND NOT THE MAYOR. 4. DELETE REFERENCES TO "CITY MANAGER". K:\CM�ELECTED MAYOR\STAFF RPTIAMEND ETHICS RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Amending the Code of Ethics to Reflect the Mayor-Council Form of Government. WHEREAS, the City of Federal Way, Washington was formed in February 1991 as a noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and WHEREAS, on November 3, 2009, a majority of the votes cast were in favar of reorganization of the City of Federal Way as a Mayor-Council form of government; and WHEREAS, pursuant to said election results the City of Federal Way shall abandon its current Council-Manager form of government and reorganize as a Mayor-Council form of government as provided in RCW 35A.06.060; and WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of government shall not take effect until the election, qualification and assumption of office under RCW 35A.020A50, of the Mayor under the Mayor-Council form of government; and WHEREAS, on March 2, 2010, the City Council of Federal Way conducted a Special Study Session and directed the City Attorney to modify the Code of Ethics to reflect the Mayor-Council form government; and WHEREAS, the modifications to the Code of Ethics are attached herein and identified below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Delete "Cit The term "City Manager" shall be deleted entirely in section 2.8. Resolution No. 10- Page 1 of 3 Rev 1/10 Section 2. Chan�e the Definition of "Councilmember" to "Elected Official". The Code of Ethics does not distinguish the separately elected position of mayor from councilmembers. The references to "Councilmember" shall be modified to "Elected Official" to include the elected mayor in sections 2.1; 2.6(c); 3.1; 3.2;33.; 4.1; 4.1(a); 4.1(b);4.2; 4.3; 4.4(a); 4.4(b); 4.4(c}; 5.1; 52; 7; 72; and 7.4(a). Section 3. Replace "Ci . Manager" with "Ma The term "City Manager" shall be replaced with "Mayor" in sections 7.7 and 8. Section 4. Insert "Ma The term "Mayor" shail be inserted to reflect that the position is separately elected in the Introduction; sections 1; 2.1; 4.1(c); and 7.4(h). Section 5. Delete "Mayor". The term "Mayor" shall be deleted in 7.4(h). Section 6. Insert "Deputv" before "Mavor". Insert the word "Deputy" before Mayor in 7.4(h}. Section 7. Severabilitv. 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 ar unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 10- Page 2 of 3 Rev 1/10 0 Section 10. Effective Date. This resolution shall be effective immediately upon King County Records' certification of the mayoral election in November, 2010. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:�reso�2010\transition\code of ethics Resolution No. 10- Page 3 of 3 Rev 1/10 CITY OF Fed�ra I Wa y . o e o t Ics For Clly Councllmembers, �� fr r�/j� r� � ir� rl i'l CZ �� 1 � Clty Employees THIS PAGE LEFT BLANK INTENTIONALLY TABLE OF CONTENTS Introduction..................................................................1 Section 1 — Policy .........................................................3 Section 2 — Definitions .................................................3 Section 3— Personal Gain or Profit .............................. 5 Section 4— Conf{ict of Interest .....................................5 Section 5— Acceptance af Gifts ...................................7 Section 6 — Campaign Activities ...................................7 Section 7— Board of Ethics ..........................................7 Section 8— Complaints Against Employees .................11 Reso/ution No. 91-54 — Passed April 2, 1991 Amendments Resolution No. 94-179 — Passed Augusf 2, 1994 Resolution No. 94-184 — Passed September 21, 1994 Resolution No. 94-188 — Passed November 1, 1994 Reso/ution No. 96-232 — Passed May 7, 1996 (Rev. 8/05) THIS PAGE LEFT BLANK INTENTIONALLY INTRODUCTION • The Mayor and City Councilmembers are elected to exercise their discretionary powers pursuant to the laws and the Constitution which may often involve honest disagreement on policy matters; and • ln the exercise of these powers the Mayor and the Councilmembers should operate within a framework that will protect the public trust and ensure public confidence in the conduct of elected officials and public employees; and • Good government should operate and conduct itself in an open and impartial manner, and to a standard that ensures an efficient, fair and accountabfe system; and • The Code of Ethics includes a method to appoint an alternate Board of Ethics member in cases of recusement or other unavailability; and • The Code of Ethics includes sanctions for violations of the Code of Ethics; and • The Code of Ethics grants the Baard of Ethics subpoena powers in order for the Board to complete a full and fair investigation of any written complaint before the Board; and • The Code of Ethics provides for the stay of the complaint proceedings during the City Council's consideration of the Board of Ethics application for subpoena power or during any proceeding to compel a person to respond to a properly issued subpoena. THIS PAGE LEFT BLANK INTENTIONALLY Section 1 — Policv The City of Federal Way is committed to conducting its business in a fair, open, efficient and accountable manner. Public Officials and Employees shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and that private interest. Each Official and. Employee is assumed and expected to act in accordance with all laws and codes of ethics that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. Each Employee shauld be informed of this Code of Ethics and meet its requirements. Questions regarding its interpretation should be brought to an Employee's Supervisor and the City Attorney for interpretations of this Code and should proceed through processes provided for in the Personnel Policy Manual to act upon allegations of misconduct in violation of this Code. Questions regarding the interpretation of the Code as applied to the Mayor and Councilmembers and allegations of violation of this Code by the Mayor and/or Councilmembers shall be referred to the Board of Ethics through the process established herein. Section 2 — Definitions Throughout this Code of Ethics, the following definitions shall apply. 2.1 G+#��-�:e�i�Elected t�?fficiats For the purposes of this Code of Ethics only, "' ' Elected Officials" or "Mavor" or "Councilmembers" also includes members of City Boards, Commissions, Committees, or other multi-member bodies appointed by the City Council. 2.2 Family Spouse, parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandchild, grandparent or any parent-in-law, son- or daughter-in-law, or brother- or sister-in- law. 2.3 Financiallnterest (a) Existence — A financial interest may be deemed to exist in any of the following situations: (1) A creditor, debtor or ownership interest in any corporation, partnership, joint venture or other entity (including without limitation, ownership evidenced by stock purchase) in an amount or value to or greater than a one percent (1 %) interest in any such entity, or (2) Any paid employee, agent, consultant or officer of any corporation, partnership, joint venture, business or other entity. 3 (b) Exceptions — Notwithstanding the provisions of Section 2.3 (a)(1) and (2), a financial interest shall not be deemed to exist in any component investment within any fund or plan where an owner of an interest in a mutual or other pooled investment fund or in any employee or retirement benefit plan (including without limitation, pension plans, profit sharing plans and deferred compensation plans): 1) has no right to control or influence the selection of component investments; 2) has not influenced the selection of component investments; and 3) has not created or used the fund or plan to subvert the intent of this code. 2.4 Gift A rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than the City of Federal Way for travel or lodging ar anything else of value in return for which legal consideration of equa{ or greater value is not given and received, excluding: (a) Things of minimal value. (b) Any contribution under chapter 42.17 RCW (Disclosure — Campaign Finances — Lobbying — Records). (c) Any informational material transferred for the purpose of informing the recipient about matters pertaining to official City business, and that is not intended to financially benefit the recipient. (d) Any symbolic presentation not intended to financially benefit the recipient. (e) Things of value not used and that, within thirty (30) days after receipt, are returned to the donar or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes; (fl Things of value received in the normal course of private business or social interaction or from family that are not related to public policy decisions or City actions. (g) The acceptance of a gift on behalf of the City pursuant to City Council rules regarding acceptance of gifts. 2.5 Immediate Family Spouse and dependent children. 2.6 Remote Interest A remote interest may be deemed to exist where an individual is: (a) An unpaid officer, Board member, or other person who functions in a decision-making capacity which can influence policy or funding of a corporation, partnership, joint venture or other entity; (b) A landlord or tenant of an entity contracting with the City of Federal Way; or, (c} A holder of less than one percent (1 %) of the shares of, or ownership interest in a business entity contraction with the City; provided no interest � shall be deemed to be remote where an Elected Official E:��t�i�er�be� influences or attempts to influence any other Elected Official or City Employee to take any action which financially benefits the Etected Official by or through the interest. 2.7 City Employee Any individual who is appointed as an Employee by the appointing authority for the City. s � ��, - -- - - �� - � , Section 3— Personal Gain or Profit 3.1 An Elected Official , or Employee shall not knowingly use his or her office or position for personal or family gain or profit. 3.2 An Elected Official , or Employee shalf not use City- � owned property ar City services for personal or family gain or profit. 3.3 An Elected Official �'^„^�;'m°mh°r, +ho nn�n�ryar or Employee shall not use infarmation acquired in confidence from a City customer, supplier, lessee or contractor for other than City purposes. Section 4— Conflict of Interest 4.1 An Elected Official �^"^^;'m°m"°r, +ho �/I�n�r�or or Employee shall not knowingly engage in activities which are in conflict, or which have the potential to create a conflict, with performance of official duties. Examples of conflicts, or potential conflicts of interest include but are not necessarily limited to, circumstances where the Elected Official , or Employee: (a) Influences the selection or non-selection of or the conduct of business between the City and any entity when the Elected Official , �Aa�age� or Employee has a financial interest. (b) Solicits for himself or herself or for another, a gift or any other thing of value from the City or from any person or entity having dealings with the City; provided, however, that no conflict of interest for the Elected Official�'^� �^^�'^�°m"°r �A�n�ry°r or Employee shall be deemed to exist with respect to solicitation for campaign contributions required to be reported under Chapter 42.17 RCW or for charitable contributions. (c) Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or non-action by the City Council, f� ��e�Mayor or Employee. (d) Accepts a gift in any manner other than as provided in Section 5 (Acceptance of Gifts). (e) {ntentionally uses or discloses information not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others. F'� � 4.2 An Elected Official shall not take part in any official�+l action, as that term is defined in Chapter 42.30 RGW, concerning any contract, ( property, ar other matter of any kind, in which the Elected Official or his or her immediate family has a financial interest, or which otherwise creates a conflict of interest 4.3 A Elected Official shall disclose the fact and extent of a remote interest for the official minutes of the City Council prior to Councilmembers taking any action related to the interest. in the event a Councilmember has the remoste interest ^^�, +h°r°�' all action taken by the City Council related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Councilmember having the remote interest. 4.4 Restrictions After Leaving the City (a) For one (1) year after leaving the City, the Elected Officiala (�� innilmomhor +ha n/I�n�nor or an Employee may not hold or acquire a , financial interest, direct or indirect, personally or through their family, in any contract made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction. (b) For one (1) year after leaving the City, the Elected Officiala , or an Employee may not (a) assist anyone in proceedings involving the City where such Elected Officialr�,,.,,,;��,.,o„-,hor �A�n�nor or Employee worked on a matter in which they were officially involved in the course of their duties; (b) represent any private person as an advocate on a matter in which they were involved; or (c) Compete for a City contract when they were involved in determining the scope of work or the selection process. An Elected Official , or an Employee may never disclose or use the City's privileged or proprietary information except to perform official duties. 6 Section 5— Acceptance of Gifts 5.1 Except as provided in Section 2.4, an Elected Official or Employee may not accept gifts of cash in any amount. 5.2 The Elected Officials , and City Employees may not accept personal gifts. Section 6 — Campaiqn Activities City Employees may participate in the political process only on their own time, and only outside of the workplace by working on campaigns for the elections of any person to any office, or for the promotion of or the opposition to any ballot proposition, and shall not use or authorize the use of the facilities of the City for such purposes except as may be authorized by law under the provisions of Chapter 42.17.130 RCW. Section 7— Board of Ethics Complaint Against an Elected Of�cial and Advisory Opinions Regarding Elected Officials �.,�� r.,�,o.,�, har� 7.1 There is created a Board of Ethics for the City of Federal Way. The purpose of this Board of Ethics is to issue advisory opinions on the provisions of this Code of Ethics and to investigate and report to the City Council on any alleged violations of this Code of Ethics, all as set forth below. 7.2 The Board of Ethics shall be composed of three (3) members, and one (1) alternate member ("first alternate") none of which shall be an Elected Official-G+� or City Employee. The Board members shall be appointed by the City Council. The alternate member may attend all meetings of the Board, but shall have no voting rights except as otherwise provided herein. The term of each Board member shall be three (3) years. The first three members shall be appointed for one (1), finro (2) or three (3) year terms, respectively. The first Chair of the Board shall be determined by the Council and the Chair shall be appointed to the three (3) year term. The other terms are to be determined by lot. After the first year of the Chair's term, the Board shall determine and elect its Chair thereafter. The Chair shall serve for a period of one (1) year, unless reelected. In the event a Board member must recuse himself or herself or otherwise be unavailable to conduct Board business, the first alternate member shall serve in his/her place. If a second alternate member is required, 7 the Board shall select such alternate member from a pool consisting of prior Board members who have served during the three (3) prior terms ("second alternate"). The second alternate Board member shall be chosen by agreement of the remaining Board members. In the event no former Board members are available, the City Council shall appoint an alternate Board member. In filling any vacancy or making an appointment to the Baard of Ethics, the City Council shall strive to select members with diverse perspectives and areas of expertise appropriate to the review of ethical matters, and who are of good general reputation and character. 7.3 A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Code. The Board shall adopt procedures consistent with the provisions of the Code governing the conduct of its meetings, investigations, hearings and the issuance of opinions. 7.4 Specific Gomplaint Against a Cauneilmember (a) Any person may submit a written complaint to the City Clerk alleging one (1) or more violations of this Ethics Code by an Elected Official . The allegation must set forth specific facts with precision and detail, sufficient for a Determination of Sufficiency by the Board. In addition, the complaint must set forth the specific sections and subsections of this Code that the facts violate, and the reasons why. Each complaint must be signed by the person or persons submitting it, must state the submitter's correct name, address at which mail may be personally delivered to the submitter, and the telephone number at which the submitter may be contacted. (b) The City Clerk shall submit that complaint to the Board for Determination of Sufficiency of the complaint. A complaint cannot be sufficient unless it precisely alleges and describes unjustified acts which constitute a prima facie showing a violation of a specified provision or provisions of this Code. The purpose of requiring that the complaint be sufficient is to ensure that the complaint is supported by identifiable facts, and to ensure that the complaint is not based on frivolous charges. (c) The Board shall submit a written report with a finding of sufficiency or insufficiency within ten (10) days of its receipt of the written complaint. The Determination of Sufficiency by the Board is final and binding, and no administrative or other legal appeal is available. If the finding is one of sufficiency of the complaint, then the complaint shall be investigated and reported as set forth below. (d) The Board shall conduct an investigation of the written complaint before it. The Board shall begin the investigation no later than ten (10) calendar days after the Determination of Sufficiency of the complaint and shall conclude the investigation no later than fourteen (14) calendar days after it commences the investigation unless a longer time period has been : requested by the Board and has been approved by the Council; provided, however, that the running of these time periods shall be tolled and the complaint proceedings shalf be stayed in the event the Board makes application to the City Council for subpoena power or in the event the City Council issues a subpoena and any person refuses to obey such subpoena. The stay of the complaint proceedings shall continue until such time as the subpoena is either reissued or denied by the City Council or until such time as a Superior Court issues an order on the subpoena. The Board shall render a written opinion, setting forth its findings of fact and conclusions and opinion as to whether or not the individual against whom the complaint was fifed has violated the Code af Ethics. (e) The City Council may issue subpoenas in response to the Board's application for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation by the Board or in connection with any hearing conducted by the Board. The Baard shall request subpaena power by making a written application to the Mayor and Deputy Mayor describing in detail the subject matter of the proposed subpoena and an explanation of why such information is reasonably necessary in order to conduct the Board's investigation or hearing. The subpoena may be issued in the event the Mayor and Deputy Mayor determine the subpoena request is reasonable. In the event the Mayor and Deputy Mayor are unable to agree upon such a determination or the complaint alleges a violation of the Ethics Code by the Mayor or the Deputy Mayor, the entire City Council shall make a determination as to the reasonableness of the Board's application for subpoena power. In the event any person disobeys a subpoena, the City Council may invoke the aid of any Superior Court of the state. Such court may issue an order requiring such person to appear before the Board, to produce documentary evidence, and/or to provide testimony, and any failure to obey such order may be punished by that court as contempt. (fl No opinion may be issued by the Board unless a person or entity complained against has had an opportunity to present information on his, her or its behalf at a hearing before the Board. (g) A copy of the written opinion shall be delivered to the City Council and the complaining party within seven (7) calendar days of conclusion of the hearing unless a longer time period has been requested by the person against whom the complaint is focused, and has been approved by the Board unless a longer period has been requested by the Board and has been approved by the City Council. (h) In the event the advisory written opinion provides that the individual against whom the complaint has been filed has violated the Code of Ethics 9 and the City Councilmembers adopt this opinion by a majority vote, then the City Council may take any of the following actions by a majority vote of the Council: (1) Admonition — An admonition shall be a verbal non-public statement made by the Mayor to the individual. (2) Reprimand — A reprimand shall be administered to the individual by letter. The letter shall be prepared by the City Council and shall be signed by the Mayor. If the individual objects to the content of such letter, he or she may file a request for review of the content of the letter of reprimand with the City Council. The City Council shall review the letter of reprimand in light of the advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Cauncil shall be final and nat subject to further review. (3) Censure — A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the City Council to receive the censure. Notice shall be given at least twenty (20) days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within five (5) days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not , make any statement in support of or in opposition thereto or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required. (4) Removal — In the event the individual against whom the complaint has been filed is a member of a City Board, Commission, Committee, or other multi-member bodies appointed by the City Council, the City Council may, by a majority vote, remove the individual from such Board, Commission or Committee; provided, however, that nothing in this section authorizes the City Council to remove the Mayor and/or a Councilmember from his or her office. In the event the individual against whom the complaint has been filed is a 10 Councifinember, the City Council, by a majority vote, may remove the individual from the position of�s�e� Deputy Mayor and the D eputy Mayor may remove such individual from the position of Chairperson of any Council committee. 7.5 The Board of Ethics may also render written opinions concerning the applicability of the code of Ethics ta hypothetical circumstances or situations upon the request of any person. 7.6 The City shall release copies of any written advisory opinions or opinians resulting from an investigation of a complaint and any written censures or reprimands issued by the City Council in response to public records requests as consistent with Ghapter 42.17 RGW and any other applicable public disclosure laws. 7.7 The Mayor ' shall provide staff, as he or she deems appropriate, to assist the Board of Ethics. 7.8 Board members shall be reimbursed by the City for reasonable expenses incurred in its exercise of the official business of the Board, consistent with the expense reimbursement policies of the City. Section 8— Complaints Aqainst Employees Any and all complaints regarding City Employees shall be brought to the Employee's supervisor. The supervisor, or appropriate individual as determined by the Mayor� ��, shall investigate the complaint. All action related to complaints about City Employees shall be in accordance with the Personnel Policy Manual. COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY ITEM #: CITY COUNCIL AGENDA BILL Sus.rECT: Acceptance of Grant Award for a Communities Putting Prevention to Work (CPPW) Grant POLICY QiTEST'ION Should the City of Federal Way Accept a CPPW Grant Award? CoMMITTEE: NA MEETING DATE NA CATEGORY: ❑ Consent � City Council Business STAF'F REPORT BY: Janet S � ■ Ordinance Resolution AICP, Senior Planner ❑ Public Hearing ❑ Other DEPT Community Development Services Attachments: 1. Resolution; 2. Public Health-Seattle & King County Communities Putting Prevention to Work Grant Application; 3.Agenga Bill for May 25, 2010 FEDRAC meeting authorizing grant application; 4 Grant Award Notification; and 5. E�chibit A— City of Federal Way Scope of Work: draft prepared by Public Health — Seattle & King County. Background: Public Health - Seattle & King County (PHSKC) received a$15.5 million award as part ofthe American Recovery and Reinvestment Act of 2009 (ARRA). These funds will support the Communities Putting Prevention to Work (CPPW) initiative. Funding is available to King County school districts, local governments, and community organizations for programs/policies that focus on reducing obesity and tobacco use. The FEDRAC authorized submittal of a CPPW grant application on May 25, 2010 (Attachment 3). The City submitted a grant application (Attachment 1) on June 3, 2010, to apply for a grant in the amount of $259,700.00 to prepare a City-Wide Bicycle and Pedestrian Master Plan and a Model Subarea Plan for the neighborhood located in the vicinity of 21 Avenue SW and SW Campus Drive. On July 8, 2010 the City was notified of selection for a grant award subject to negotiation and agreement to a final scope of work and budget with PHSKC. City staff met with PHSKC staff on July 15, 2010 to discuss the grant award. At this meeting, PHSKC presented a proposed scope of work (Attachment 5), and grant award for city expenses associated with the scope. In addition, the proposed award includes consultant assistance to the city through PHSKG Staff is requesting that the City Council acl�owledge acceptance of the CPPW grant award and direct staff to proceed with negotiations with PHSKC staff to develop a scope of work and contract agreement to participate in the CPPW program. Options Considered: 1) Acknowledge acceptance of the CPPW grant award; or 2) Do not aclrnowledge acceptance ofthe CPPW Qrant award. STAFF RECOMMENDATION: OptlOri 1 CITYMANAGERAPPROVAL: _�� _ DIRECTORAPPROVAL: N �_ � Committee Council Committee Council PROPOSED COUNCIL MOTION I move that the City Council pass a resolution to acknowledge acceptance of the CPPW Grant and authorize the City Manager to develop a mutually acceptable scope of work and enter into an agreement with PHSKC to participate in the CPPW program. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsx reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # K:ACPPW Crrant\072010 Aeen3a Bill.doc RESOLUTION NO. 10- A RESOLUTION of the City Council of the City of Federal Way, Washington, acknowledging acceptance of a grant award from Public Health — Seattle & King County to participate in the Communities Putting Prevention to Work program. WHEREAS, the city was notified by Public Health — Seattle & King County (PHSKC) in May 2010 of the opportunity to apply for Communities Putting Prevention to Work (CPPW) grant funding to undertake activities that promote healthy living habits; and WHEREAS, activities eligible for grant funding include: development of bicycle and pedestrian master plans and development of land use plans, policies and programs that promote healthy eating and physical activity; and WHEREAS, the city is required to adopt urban planning approaches that increase physical activity and prepare a bicycle and pedestrian component in its upcoming Major Comprehensive Plan Update; and WHEREAS, the Planning Commission Work Program contains a work item to evaluate existing Neighborhood Business (BN) zones; and WHEREAS, the Federal Way City Council, Finance/Economic Development/Regional Affairs committee passed a motion on May 25, 2010 authorizing staff to proceed with a CPPW grant application; and WHEREAS, the city submitted a CPPW grant application to PHSKC on June 3, 2010; to prepare a Pedestrian and Bicycle Master Plan and a Model Subarea Plan with consultant assistance; and Resolution No. 10- Page / of 4 Rev 1/l0 Attachment 1 WHEREAS, on July 8, 2010, the city was notified of selection far a grant award; and WHEREAS, PHSKC has offered the City of Federal Way, CPPW grant funding in the amount $180,000.00 to reimburse costs associated with participation in the CPPW program; and WHEREAS, in addition to the grant funding, PHSKC is offering consultant assistance with preparation of plans and policies that promote healthy living in Federal Way, including preparation of a pedestrian and bicycle master plan and land use planning strategies that improve the health of our community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Public Interest. The best interests and general welfare of the City of Federal Way and its citizens would be served by accepting the CPPW grant in the amount of $180,000.00 for city expenses and also accepting the offer of consultant assistance provided by PHSKC to participate in the CPPW program. Section 2. Acceptance of Grant. The City Council hereby acknowledges acceptance of the CPPW grant in the amount of $180,000.00. Said grant money is to be used to reimburse costs associated with city participation in the CPPW program. In addition to the grant award, the city will also receive consultant assistance made available to the city through PHSKC. Section 3. Severability. 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 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Resolution No. 10- Page 2 of 4 Rev 1/10 Section 4. 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 errars, references, resolution 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 resolution is hereby ratified and affirmed. Section 6. 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 20th day of July, 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Resolution No. 10- Page 3 of 4 Rev 1/10 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. t 0- Page 4 of 4 Rev 1/10 Secfion B— Rafing Criteria, Checklist, Appiication Form, Budget Forms and Letter of Agreement Template 1. Rating Criteria The review panel will award points based on the proposal's quality and'how well it conveys the information requested in the application. The review panel will answer the questions below when scoring!the proposals. 1. Selected activities (Boxes 4 to 7) ' 30 • Is it clear what the outcome or product of the activities will be? (Box 4) � Is it;clear whom the activities will reach`� • Are there clear steps described to implement the activities? (Box 6) • How likely is it that the steps will successfully accomplish the activities? • How reasonable is the timeline? • Do the activities meet community need(s) and challenges and build on community assets and opportunities? ' • If any of the activities are not listed among those recommended in Section 7, how strong is the evidence of'their effectiveness? (Box'S) Evidence caai consist of published xesearch, guidelines, a previously implemented activity that ,an evaluation has shown to be effective or a good theory supported by data. � Are the right partners participating in :the proposed activities? (Box 7) When criteria are not c�pplicable to a specific activity, these criteria will not be applied. For example, some activities may not require partners. If multiple activities are proposecl, each will be scored and the average will be used to rate the During contract negotiations, Public Health may ask the applicant ta drop a low-scoring activity(ies). -- 2. H�alth inequities (Box 8) ' 10 • How likely is it that the activities will reduce health inequities by providing equal or greater benefits to people affected by inequities? • Are features included to assure cultural appropriateness of proposed activities? • How much do activities focus on communities and/or groups affected by inequities? • Are features included to prevent unintended increases in inequities? For ex�mple, a policy to increase physical education requirements for all students in the county nnay actually inerease inequities if only more affluent districts have the resources to fully implement the requirement. HEAL proposai forms 1 May 6, 2010 Attachment 2 Ratin Criteria ^ Points 3. Value'of investment (Box 9) �� • How manypeople will the activities :affect? • What is the cost per person affected? • What is the expected impact on community health? • How does the cost compare to the size of impact? 10 4. Sustainability (Box IO) • Will; the activities'have a sustained impact after the funding period? - ' � How long will the impact last? • Is it cIear how the impact will be sustained? 5. Organization capacity and experience (Box 11) 10 ' • What is the applican.Ys experience: o Doing activities similar to the one(s) proposed? o Advocating for changes in policy, systems and environrnents? o Working in coalitions and partnerships?' 6. Community involvement (Box 12) 10 • How are members of affected communities involved in planning and implementing the !activities? 7. Feasibility of completing activity within 20 month time frame (Box i3) 10 • Are staff able to-begin work right away? • Do staffhave adequate skills/training to implement the activities?' • Are organizational resources adequate'to'implement the activities? • Are the objectives feasible? • Is there evidence of policy readiness? (page IS) • Are potential obstacles identified? • Are there letters of agreement showing that necessary partners and stakeholders a,gree to participate and accept tkeir defi�ned roles and budgets? (page 19) 8. Letter of intent bonus (Box IJ 10 • Was a letter of intent received by Apri121, 2010? Total 100 HEAL proposal forms 2 May 6, 2010 Public Health-Seattle & King County Communities Putting Prevention to Work HEAL Proposal forms Proposal Checklist � Completed and signed form on.page 2 of the RFP Guidance � Application Form (Boxes 1 to 13) � Budget Form (Box 14) � Budget Narrative (ltem 15) � Up to five letter(s) of agreement, using the template on page 19. � Up to three attachments that provide "evidence of policy change readiness," if applicable (page 15). These three attachments may not exceed 20 pages in length; highlights, excerpts and partial documents are acceptable. Instructions • Complete and sign the cover sheet on page 2 of the RFP guidance. • Please use unreduced 12 point Arial font, 1" marg'ins, double-spacing and. observe page limits. The budget form, budget narrative, letters of agreement and evidence-of policy readiness may be single-spaced. Any text exceeding the page' '` limits wil! not be scored. '•`'fill in blanEcs or replace the instructions with your own inforrnation in the boxes and tables. : • Copy and complete Box 4 Selected Activity, Box 5 Applicant-Originated (as appropriate);,Box 6 Timeline and Box 7 Coordinatian with Partners for each activitv you propose. - • Complete Box 8 Health Inequities, Box 9 Vafue, Box 10 Sustainability, Box 11 Organization Experience, Box 12 Community Involvement and Box 13 Feasibility one time � Complete Box 14 Budget Form and Item 15 Budget Narrative. • Collect "Letters of Agreement" (p 19} and °Evidence of Policy Change Readiness" for Box 13 (p 15), if needed. • Submit your proposal via email to ��kingcount�gov or by hardcopy with an originai and four copies. • Proposals must be received by Public Health before 5:00 PM on June 3, 2010. • Late proposals or those not complying with these instructions will not be considered. Proposals may be emailed, mailed or dropped off to: Email� cppw(t�kin cq ountt,i.qov Mail: Jeffrey Brown, Contracts, Procurement & Real Estate Services (CPRES) Public Health—Seattle & King County 401 5th Ave, Suite 1300 Seattle, WA. 98104 Drop off: Front desk, 13th floor for hand delivered applications The application forms, supporting health data, maps and resources are afi the Public Health CPPW web site: www.kin cq_ount�c�ovihealth/cppw. HEAL proposat forms 3 May 6, 2010 APPLICATION FORM 1. A licant information Or anization City of Federal Wa Director Brian Title . City Manager Vl/ilson Director has ap roved ,pro osal � Yes ❑ No Contact name Greg Fewi;ns Title Director, Community Development Services ' Street address 1 P.O.'Box 9718 Street address 2 Cit FederallNa Count State WA Zip 98063-9718 Email1 greg.fewins@city Email2 offederalwa .com Phone" 1 25�-835-�611 ` Phone 2 Web site _ Type of applicant ❑ School district '� Local '❑ Community overnment organ'ization Did you submit a '� Yes '❑ No Date you '' 4/21/2010 ' letter of intent (LO!) submitted your b 4/21 /10? LOI? Are you submitting a'�`Yes ❑ No lf yes, who are ° Bicycle Alliance of coordinated your partners? proposa!? - Washington; King �ounty YMCA; Fed°eral Way Public Schools, Multi- Service Center; Federal Way > AmeriCorps Program 2. Focus area and One population is the entire ederal Way, one of 12 focus communities in King County affected by health inequities and identified by King County/Seattle Public Health HEAL proposal forms 4 May 6, 2010 data as having the greatest disadvantages. Based on the 2006-2008 American Community Survey, 37%0 of the population is non'-white; there is a 5.4% unemployment rate; and median income is $57,027.,This compares to King County with a 23% minority population; a 4.6% unemployment rate, and median income of $69,161. The second _ population is a mixed-use neighborhood zone with a large number of multi-family housing units and a large minoritq school popuPation., Federal W'ay is a focus community affected by f�ealfh inequities. Therefore, the entire City was chosen as a Study area. The sub-area chosen for study is in the vicinity of 21 Avenue SW/SW Campus Drive, whose area residents are more at risk due to income. and race than other parts of the city: _ '� Auburn Burien : Des Moines ; Fecteral Wa ❑ Kent Renton ❑ Tukwila ❑ SeaTac I❑ White Center ❑ Southeast Seattle Central Seattle ❑ Delrid e Seattle Page limit for Boxes 1, 2 and 3 together is 1.5 (one page and 12 double-spaced lines). HEAL proposal forms 5 May 6, 2010 4. Selected Activi#': ies}, �3{� }�oints r�.M #1 . ;. .y at �f.'� it .a::,.l� . a � *; � `�.: ` �;. .....i !F .' ♦ z .:» ;. i .y i i '"'. � +� •. • -�. : . •� .. ., _. , ., .�.. , , , , a � a `" g, '� ��. C�ity-wide Bicycle and Pedestrian Master Plan -- Th+� proposed�activity is a policy cha�ge to benefit the entire `Federal Way populafion of 88,580 by adopting a Citywide Bicycle ' and Pedestrian Master Plan; which wilf provide for walking- and biking-friendly linkages between residential areas, commercial areas, food and clothing banks, trails, parks, and` schools. The'Master Plan wifl include goals,` policies, graphics, and `maps, depicting future bicycfe and pedestrian connections. ;f � The anficipated pa[icy change is the adoption of a stand alone'$icycle and Pedestrian Master Plan, which will be approved by the City Council and subsequently adopted and incorporated into the December 2014 Major Update of the City's Comprehensive Plan in compliance with RCW 36.70A.070(6)(a)(vii). This Master Plan will also be incorpara#ed into fhe Parks, Recreation and' Open Space Plan when it is next updated. The Master , Plan will include prioritized capital improvements and potential fund'ing sources to focus on implementation of projects that will support increased physical activity through increased walking and biking throughout the City. ,.; " "� �: "�� . F �./. f. 1. Hire a consultanf to prepare the plan. 2. Consuftant, under supervisian of pcoject staff, will research good exampfes of plans for similar sized cities. 2. Consultant will conduct an existing conditions inventory. 3, Project staff will convene an advisory committee comprised of representatives from identified partners, development community, homeowners' associations, local hospitals, and' other city divisions or departments, HEAL proposal forms 6 May 6, 2010 including the Traffic and Surface Water divisions and the Parks and Police departments. 4. Consultant will present existing conditions inventory, research, and findings to advisory committee, stakeholders, and neighborhood groups via community meetings ta be held at local schools and multi-service center. 5. Input from meetings will be presented to the City's Land use Committee and City Council for feed back and direction. 5. A draft plan will be prepared based an all input received. 6. Plan will be processed through the normal city review process -- environmental review; pubfic hearing before the Planning Cammission; Land Use/Transportation Committee public meeting, and adoption by City Council. Subsequent city-wide code amendments based on adopted policies and goals in the Bicycle a:nd Pedestrian Master Plan will require bike and pedestrian improvements to occur at the time of subdivision or site development or redevelopment. In additian, the Parks Department wilt use monies from Proposition 2, the Parks Expansion Levy, approved in August 2007' to build connections in underserved areas linking city or county trails to regional trails. The Parks Depar#ment and Surface Water Division will also partner to construct interpretative trails as part af a trail development system. In addition, the city-wide plan master plan wil!' identify specific barriers both ac#ual and perceived, to walking and biking in the City and provide specific solutions to be incorporated into both the Bicycle and Pedestrian Master Plan and the city's comprehensive plan. Page limit for Box 4 is 2 per proposed activity. HEAL proposal forms 7 May 6, 2010 ated Activitv �;J Yes '� No (if no, sk�;p to Bax 6) ��7:� y I, ��. � E�� i,� --g• 3 n �� , , � : limit far "(�ptional 'Box 5" is 1 per activity. HEAL proposaf forms 8 May 6, 2010 6. Timeline of steps and,milestones Provide a brief description of:main steps to im lement ac�ivit : and who staff name or t�sition/or anization will do them. �� y -. � y '� �'!�'�` . '� ��✓ � c A � . �` 3 .�.. 4 h � ,�. �y . � � y � "�. / `c,� "� ��lA��+��, ��:� z j r,�� `� i at y 3 y ��;: : �✓ �� z� .: � T o �� ,j io' � S ,(�.} ] � y � � � s x�" � � �- y +c� `�� ,,;� �'�'. � � ��f s � . 9 � ��l � �� F' {f S"} K .r; �� f3 ( � ' .� , � ' � _.. � ° i Finalize scope, public ' X Rroject Manager, involvement program : City of Federal and select consultant Way Existing conditions X X FW project staff, inventory and consultant Advisory Committee X' X X X X X FW Project staff Meeting and consultant �f�ighborhood X' X X X FW Project staff Committee Meetings and consultant City Council Meetings ' X X X X FW Project staff and consultant Draft Alternative X X Consultant Concepts Evaluate Concepts X Staff and Consult. Draft Plan X Consultant Final Plan X Consultant Adoption X FW Staff _ ......_ Page limit for Box 6 is 1 � ' HEAL proposal forms 9 May 6, 2010 7. Coordination with �rtners, collaborators andlor subcontractors' . : , �'� y �.�,4 /� � y7i y / / �$ , q �V.: �"� 3? ' y �` � � Y � ; � ��. 32-x. F y .}F" ; � ,. � v $r�'�� if�� , � � � , r�� `€ . �;� �� .. = t ,'' '%�w'li ,,� .. -a�s .... �z .�. � •.'., :fi ,°^t"' �y __ �° _ ,. „«. , :„. , s ` v.0 �, � .:: The Bicycle Ailiance of Washington, fhe Federai Way Pu'blic Schools and the Multi-service Centerwill act as collaborators with the City of Federal Way in preparing the Bicycle and Pedestrian Master Plan. Representatives from these groups wili actively participate on the Advisory Committee by providing data, recommendations for actions, and review and feedback on draft plans. See following table. Parfner' Partner Staff Role Relationshi'` Bicycle Alliance Barbara Culp, Serve on the Federal Way Collaborator with of Washington Executive Advisory Committee to independent funding Director provide feedback on scope and planning process Federal Way Cindy Wendland, Serve on the Federal Way Collaborator Public Schools Director, Federal Adv`isory Committee; provide Way Public input already gathered as Schools part of a Safe Routes Transportation Program to assist in Department identifying bicycle and pedestrian connections Federal Way Annette Coder, Serve on the Federal Way �ollaborator Multi-service Human Advisory Committee; provide Center Resources access to clients for input to Manager assist in identifying bicycle and pedestrian connections Paqe limit for Box 7 is 2. HEAL proposal forms 10 May 6, 2010 4. Selected Activi��/{ies}' 30 t�ints ;',s • r �r' s .• � �� . t .�: i : r s , il • i °� ' �! :• -�. � •. i: ! ' !. a . . . .. ... . ,� , �� n „ 21� Avenue SW and SW Campus Qrive Sub-area !�'lan -- �e will incorporate hea!#hy cc�mmunity elements in our Comprehensive Plan by deueloping a model Heai�hy Neigt�borhQOd 5ubarea Pfan fhat responds to the Centers fQr Disease Cantra� and Preuenticrn's (CaG} ,goal of supporting, effarts to design and build active cammunites tt�at mak� it sasier for pec��l� ta liv� healthy lives. The Subarea Plan will serve a mode# to ' be rep(icat�d in other neighborhood business districts within Federal Way, �., ; �,,. ,� , �-� %F� � � � The city will adapt both �arnprehensiue Pfan po{icy and zoning cade changes tha# eneourage development within an existing neighborhood business center that supports walking and biking-within �he neighborhood for daily errands, and access to neighborhood schodls and park and recreation areas. The adopted subarea plan will : alsa include prioritized capital improuements and potential funding sources to focus an implem,entation of projeGts ti�at will support increased ph�sical°activity through increased walking' ancf biking within the neighborhood. Finally, the subarea plan pracess witi reach out to residents and other sfakeholders to becorne advacates of healthier I'ifestyles in fhe Federal Way cammunity. � _ � �� , _ ,� •,.. �,, ' ; t�(t� ` �� ; �,F �.a � ��_ �� „� � � � x�; -� y � ,.� � �. . , , r , �e�'.. <.� : ,; 1, Hire a consultant with experience preparing cornmunity-�ased neighborhood subarea p(�ns. 2. Canduct an on-the-ground inventory of the entire subarea within'/4 mile walking radius of its comrnercial/acti�rity center as well as � Gonnectivity assessrnent of` the area wifihin a 2-mile bi:king radius to identify existing conditions, issues and HEAL proposal forms 11 May 6, 2010 opportunities. 3. Engage residents, business owners, and partners including Federal 1Nay schools, parks and traffic staff, and walking/biking groupsto participate in a design , charrette to come up with a vision and' impllementation strategies for a mare accessible ' and active neighborhood center. 4. Present alternatives to citizens and through the charrette process select preferred alternative. 5. Present the preferred alternative #o City Council for adoption. preparation af a ubarea plan for the 21�` Avenue/�ampus Drive Neighborhood is a good fit for our focus community b�cause the area residents are more at risk due to income and race'than ather parts ofthe city. In ;- addition, this neighborhood contains a number of apartments (higher density housing),-a middle school; a retai( business center with grocery stores, past office, park and ride facility and nearby access to parks and the Bonneville Power Administration {BPA) trail, which :bisects the city, all making this sub-area a good candidate for;implementing physical changes ta the built environment that will resuft in more,people walking and biking for daily errands. The Healthy Neighborhood Subarea plan will id'entify specific barriers both actual and perceived; to walking and biking in the neighborhood and provide specific solutions to be incorporated into the city's comprehensive plan — policies and capital projects and zoning code (development standards that=support mixed use pedestrian-oriented design). Page limit for Box 4 is 2 per propose HEAL proposaf forms d activity. 12 May 6, 2010 Page limit for "Optional Box 5" is 1 per activity. HEAL proposal forms 13 May 6, 2010 6. Timeline of steps and milestones Provide a briet description ot ma�n steps to im lement a��ivit and who staff name or �o�it�on/or anization will do them. : �� :& �� y .: �,� � , �„ � �; ��,�� ` � � , ��'� � � �� , ,�'� . . � � �,�t' '�� "_ � ��..,, : y j �a� � �rv� .� � �� ➢ � v . y w r'� �y.n,� � 4 �� ii. .,R„ =� i + ° . d x ,� . n . , , i . „ ,._ , . Select consultant, X Project Manager, finalize scope and City of Federal charrette process WaY Charrette Team X X X FW project staff, meetings/charrette and consultant prep. Charrette workshops X X X FW Project staff and consultant LUTC/City Council X X X X FW Project staff Meetings and consultant Existing Conditions: X X �lt1t`Project staff inventory and consultant Draft Alternative X X Consultant Subarea Concepts Evaluate Concepts X Staff and Consult. Draft Plan ' X Consultant Final Plan X eonsultant Adoption X FW Staff Yage i�mit tor tsox b �s �. HEAL proposal forms 14 May 6, 2010 7. Coord�nation with artners, collaborators and/or subcontractors �;ir as x -':: d � � �. F s `� � '_ v , � � ., � N �a„9� ` F .f> ; �. � �,xi � � q;42J;,' ;y .:-� � � e �,�.. /,� � ��._ � ,�,�, , The Bicycle Alliance of Washington, the YMCA of Greater Seattle, the �ederal Way Pubiic ' Schools and the Federal Way Public Schools AmeriCorps will act as coltaborators with the City of Federal Way in preparing the sub-area plan. Repres�ntatives from the Bicyele . Alliance of Washington and the School District will activefy participate in a Stakehalders' group by providing' data, recommendations for actions, and review and feedback on draft pfans. See following tab{e. Partner Partner Staff Role Relationshi Bicycie Alliance :Barbara Culp, Support sub-area planning Collabora#orwith of Washington Executive process independent funding 'Director YMCA of To be Facilitate the implementation Collaborator with Greater Seattle determined of a Community Healthy independent funding Living Index (CHL!) Assessment for the sub-area to provide feedback from resid'ents, businesses and schools as to where bicycle and pedestrian connections are needed Federal Way Cindy Wendland, I'rovide data and maps of Gollaborator Public Schools Director, Federal safe waJking routes prepared HEAL proposal #orms 15 May 6, 2010 - Way Public as part of a Safe Routes Schoois Program to assist in Transportation identifying bicycle and Department pedestrian-connections Federal Way ' Monda Holsinger, Provide names of key Col(aborator Public Schools Director contacts in the 21 Avenue AmeriCorps' ' SW and `SW Campus Driue neighborhood in order to provide feedback for the sub- area plan Page limit for Box 7 is 2. HEAL proposa! forms 16 May 6, 2010 I � 8. Health i --'Federal Way is presently a car- dependent city with farge block perimeters and very little bicycle and pedestrian ' connectivity. The adoption and subsequent implementation of a Master Pfan will benefitthe entire city population by providing opportunities for physical activity via bicycling and waiking. Moreover, i# will:provide the greatest benefit to those who don't have access to a c�r and must by necessity travel by non-motorized modes as it will provide safe dedicated � bicycling and walking roates. The planning process envisioned for #he preparation of the Master Plan will solicit participation from a wide representation of the;comm Particular care will be taken to have full participation' in those parts of the City with lower income and � minorities. We will utilize both;the Hispanic and Korean liaisons in the neighborhood - meetings to ensure tthat there are no cultural or'ianguage barriers to full participation, We will also have a Russian volunteer available at meetings� Better connectivity via bicycle and pedestrian paths will ensure safe passage and encourage people to become more active and should increase �ttendance at such events as the weekly Farmers' Market. The end result of a the Master Plan will be a healthier and more active community with better access to schools, recreation, shopping,-and jobs. 21 Avenue SW and SW Campus Drive Sub-area Plan -- A sub-area plan is proposed for this area due to the number of lower- income people who iive here. Saghalie Middle School, with 572 sudents, is located within the subarea. The school's minority population is approxirnately 66 percent, compared to 54 percent district-wide and approximately 57 percent are on free/reduced lunch program compared to 48 percent district-wide There is no' risk tha# either the adoption of the ( Master Plan or Neighborhood Plan wilf cause any`unintended increases or inequities. Page limit for Box 8 is 1. HEAL proposal forms 17 May 6, 2010 9. Value of investment (10 poi`nts� �� ,,� 3: ��,:,�..,� ��'� ,& �, & � y � ,. ,..,,:.a'�;.�.�..,�,�-.. . ;. �,,. ,��.��: . ` ,,.�� "��=. � n � ..,. � �� ,.;��-:. , , � � �..� „ +�".i„�,k�,,,,,.�,'�� '��k� �� , -. The Master �lan wil! affec� all 88,580 residents of Federai Way by providing safebicycle and pedestrian paths. lt will also affect 12,953 sfudents by providing safe routes to school� Gity population is based on the April 1; 2009 Office of Financial Management population ' (OFM) estimate. The total;of 12,953 K=12 students attending public schools within the City ; of Federal Way was provided by the School :District. The Neighborhood Plan will affect approximately 5,570 people. More than 95 percent (2400 out of approximately 2500) of the #ataf housing units in the sub-area are multi-family. Persons per household of 2:95 was used to compate number of persons in single family housing and 2.19 persons per household was used for�multi-famity housing. The numbers were derived from the 2009 Worksheet prepared for Federal Way by OFM. Saghalie;Middle School,`with 514 ;sudents, is alsa=located within the subarea and will benefit from impfementation of the Plan. Page limit for Box 9 is 0.5 (12 lines tlouble-spaced). - Both plans wifl be adopted by fhe City Council by March �01 Z. ; I hey w��i, ;tnereat[er, pe adopted as a SEPA policy as part of the 2013 work program, and used as a basis for mitigation. Both plans will then; be incorporated into the City's Comprehensive Plan by, December 2014 and subsequently used as a basis for code amendments intended to provide:'pedestrian and bicycle con'nectivity commensurate with development and , redevelopment. Amendments wifl also be made to the Gity's subdivision Code to require pedestrian and bicycle paths and connectivity with adjacent subdivisions or other development as land is divided. In addition, the Parks Department and Surface Water Divisian will build trails using Parks Levy money and Surface Water Utility Funds. Page fimit for Box 10 is 0.5 (12 lines double-spaced}. HEAL proposal forms 18 May 6, 2010 11. Or anization ca acit and �x erience 10 c�ints ' � ,; :� � I � �} yi �� e'P �>�� f. :; �:lR .�� ; l .� 3 ,� � �� au� , ,c ,�� y � �: �� < . , 7. • . � .. . � ; , ._ . � > .. ��; . _ �+ � H. .:.. :.: �., 'o „ :.�: , . . � � �� . , __..: . . . . ,� v � � . , The Comrnunity Devefopment Services Departm�nt is charged on an annual basis of updating the Comprehensive Plan and adopting code amendments, requiring staff`to research and write technical papers, work with citizens who may be proposing changes to the comprehensive plan or city code, and coordinate with stakeholders, and organizations such as t�e Mas#er Builders and Future Wise. Successful processing of these amendments requires the ability #o work with,#hese diverse groups,''city commissions and committees and the City Council. Staff is also required to successfully implement these plans. � , . , �. N ' _ s ,. :�� _ , - Use the � _ ,. , �., ��.. , ; „ .,. . _. . table to provide names, titles, skilfs and training of sfaff who will carry out proposed activities. � ;. � , ��; . � �� ,� ,. . t , . ; ,. �� :..�,...,.,. _.,., , �. _ .. _. Margaret Clark, Pr�ncipal Planner Project Mgr. for BS in Psychology' and AICP comprehensive plan Geography; MS in and code Planning, 28 years of amendrnents progressively : responsible planning experience Janet Shull, AI�P Senior Planner Project Mgr. for comp. BS Architecture, plans, master pPans, Graduate`'studies in visioning, design architecture/urban guidelines design, continuing ed, including Sustainable Building Advisory NEA� proposal forms 19 May 6, 2010 certification Consultant {to be $icycle master plan Architecture, Planning, selected) and subarea plan Urban Design, preparation, charrette Transportatior� planning, facilitation, public visioning/charrette participation training , �� . r , _ �, �.., � . - :. . r, Project staff has experience in managing grants and reiated contracts, fir��nc�al tracking and reporting requirements. One-quarter senior FTE will be devoted to the project. The department�has all resources, including computers, and administrativ� and IT support;�to , successfully prepare bofh plans. We have successfully managed comprehensive plan ' update grants from the Department of Commerce,; planning grants from King County DDES, and shareline grants from the Department of Ecology. Our Finance Department . staff is experienced in tracking and ensuring that grant funds are used appropriately. In addition, the Finance Department has consistently received clean audits from the State. r �� . +�3 ��! �t�: �r�� `'�� ,m „�.. .- r.� . ; , . _ �.� �, . . . n. ._ - Staff has a long history of working with an established Stakeholders` Group on annual comprehensive plan and code amendments, and with othec county organizations such as King County and PSRC on cegional p(anning issues. A seniorstaff member will participate in the CPPW coalition, spending approximately 40 hours per monthz . � .,�-------,a , �.° > _ _ _ �� : � ,� � �o� �� E �� - , � s �� , ,� � � �� :,� <'v � �� '� �'�, �. � � � :� � � ° � ��,y+ `� ��, ; � � �'�.` � �- .., , �r- � ��5��,. .. �.� vP �s �.w � ,.,, r ;�3� �,� � �` ..�� s „ �; � ' � .i... '� ss;� .�, .,i�c_.,��> ` .- � ; : , Federaf Way Stakeholders Group Participant 2001-present King County Buildable Lands Technical Committee Participant 2Q01- present rage nrrm ivr ��x i i is r: HEAL proposal forms 20 May 6, 2010 through coordination of various Iong-range planning efforts, as well as work on special planning projects (e:g. shoreline masfer,program, city-center zoning code arnendments). �taff works with the: . Communit involvement :10 oints �t � 9. . � � �. �: H , :. ��s � � �, � � � �, �� „� �� ,,. �. �,.� . �.. ._,,. . � ,. ,.. �. ity staff have an ongoing presence in the Federal W; city's stakeholder's group, school district and human seruices,agencies in particular on both specific capital projects as well as poLicy d`evelopment. Earlier this year we worked with businesses in the neighborhood business sub-area proposed for the pilot program to amend our zoning code related to the size of health clubs. At;that time, we committed to the City �ouncil to revisit that area for planning purposes. ._ _ _ _ ln preparing our application we consu{ted with many agencies, including the B�cycle Alliance of Washington, The Puget Sound Regional Council, Federal Way School District, ' the South King County Multi-Service Center, and the Federal Way Public Schools AmeriCorps. Representatives from these agencies helped us to refine our proposed , activities and identify resources, particular�y for community outreach to the target populations. We wif{ work with our community partners in reaching out to our citizens and also for possibl`e meeting places (e.g. neighborhood schools) as we plan to conduct neighborhood-based meetings. Representatives from our partner organizations will also be members of our advisory group and will participate in our neighbarhood charrette process. 'age limit for Box 12 is 1 � HEAL proposal forms 21 May 6, 2010 13. Feasibility of completing activity within 20 months (10 points) The City of Federal Way has 'rdentified staff in the Community Development, Public Works, Parks and Information Services {GIS) departments who are available to manage and begin work on the project immediately upon grant award. The 20-month timeframe is adequate to complete both' a bicycle/pedestrian plan and a neighborhood subarea plan, as these planning efforts typically take about 16-18 months to complete including the City Council Adoption process. We intend to utilize grant funds to hire consultants with national expertise in preparation af bicycle/pedestrian master plans and sustainable, mixed use neighborhood subarea plans. Our In-Kind staff effort along with the Consultant expertise will enabie the City of Federal Way to maximize our community involvement efforts with multiple neighbarhoad-based meetings/work sessions. Our proposal will build both city staff capacity and community capacity (through citizen engagement and personal investment) in developing the city-wide and neighborhood-based plans. The potential obstacles to completing the proposed activities within the 20-month period are most likely to be process-related during the plan adoption phase. Sometimes elected or appointed officia)s will request additional meetings that were not anticipated. Staff will provide periodic council updates and encourage participation in public workshops to lessen the chance of requests for more process at the end of the grant period. Preparation of a detailed bicycle ped'estrian master plan and the model neighborhood subarea plan are supported by adopted policies in the Federal Way Comprehensive Plan. The City Council Finance/Ecanomic Deve(opment/Regional Affairs Committee (FEDRAC) authorized. this grant application on May 18, 2010. We have attached copies of :existing comprehensive plan policy and the approved FEDRAC agenda bill. Page limit for Box 13 is 1. HEAL proposal forms 22 May 6, 2010 14. Budget Form Row Requested, 7/18/10 Positions , #0 3/1;8/12 1 Name'or job title Sala Fringe 2 : .. 3 �onsuttant ca�ts . . `246,500.00 4 Su plies 40Q.00 _ 5 Equipment _ . 6 Travef ' 7 : Sub-contracts 8 Other ' --. . ___ ��.. .�.�. _ Telephone, internet Posta e, �deliveries_ ___.._�._ ______ 7,000.00 __ ...__ . __�_�__ Printin , cop ing 5,800.00 Rent, utilities Other; 9 Subtotal 259,700.00 10 lndirect fesser of 20% or FNlR 11 Grand total 259,700.00 15. Budget Narrative tnstructions' Please provide budget justification detail showing how you arrived at the proposed budget for each line item using the examples pravided below as'guidance. Sample Budget Justifiication (examples or instructions are provided) Row 1. Salaries: Staff salaries are in-kinc! services. (see "iri-kind" section below) HEAL proposaf forms 23 May 6, 2010 Row 2. Fringe benefits: not applic�ble Row 3. Consuitants: For the Bicycle/Pedestrian Pian: Principal — 80 hours a�- $150/hour; Project Manager/Lead — 300 hours at $120/hour; Transportation ' Planner 300 hours at $165/hour; Project Staff — 400 hours at $100/hour ; Community lnvolvement Specialist 100 haurs at $120 hour. (total $149,500). For the Subarea Plan: Principaf — 60 hours at $150/hour; Project Manager/Lead ' - 30a hours at $120/hour; project staff — 4Q0 hours at $1001hour; Community 1nvolvernenf Specialist 100 hours at $120/hour. (total $97,000). Total Consultant"Cost: $148,500 + $97,000'= $246,500 'Row 4. Supplies: General: Office'supplies, reproduction costs of informatior�al materials and maps, community meeting'and charrette supplies including large paper'tablets; ;tracing paper, note pads, stickies, markers, name tags. $400 . Row 5, Equipment: none Row 6;�Travel: City staff does not bilF for travel expenses for work within th� - � ,� ; cornmunity. _ - ° -Row 7. Sub-contracts: It is possible the consultant will be comprised of a lead - consultant with subcontractors but this cost is anticipated and included in Row3 - —"Consultants". Row S. Other: Printing of maps for public workshops $800 (80 maps at $10 each) Printing and postage for a city-wide maiJing =$'12,000 (printing 48,000 _ postcards: $3,000, + mail handling: $2,000, + postage: $7,000) Row �10. Indirect: none Please report in-kind resources in your budget;narrative. Federal Way City Staff In-Kind Resources: `' • The City of Federal Waywill contribute approximately $99,400 in i�=kind services for the two activities over the 20-month grant period as follows: Project Manager/Senior Planner @ 25 FTE ($41',400); City Traffic Engineer @:10 FTE ($22,250); Surface Water Manager @.05 FTE ($11,125); Parks Manager @_05 FTE ($11,'125); GIS Technician @ .' FTE ($8,500); Administrative support @.05 FTE ($5,000} Budget narrative page limit is 3. HEAL proposal forms 24 May 6, 201D Letter of Agreement Forms — Attached 1, Bicycle Aliiance of Washington 2. Federai Way Public Schoois Transportation Deparfinent 3. Federal Way Multi-service Center 4. YMCA of Greater Seattle 5. Federal Way Public Schools AmeriCorps HEAL proposal forms 25 May 6, 2010 I7t�`CI� i19EFTING 1)AT`E: l�f/A C�7C''Y OF �EDERA.L WAY CITY' +COUNC�L AGENDA BILL ITEM #: r�rwrrrn�rrr n�nmsi�aw �a�nurrn� �+rww�wirw�i�m �i u�w r�� rr�� SUB�ECT: Appiication for a Communifies Pntting Prevention to Work (CPPVt� Grant PaLZ� Qu�;s'r Should the City of I�ederal Way apply for a CP�'W G��nt? COMMITTEE FinanceBoonomic I)evelopment/Regional Affair5 MEE'r�NG DA'r7�: May 25, 2010 �A'FEGOI2Y: ❑ Consent ❑ City Coancil Business Q Ordinance � Yublic I�eariung ❑ Resalution � Other STAFF REPORT $Y �'rix�ci�al F�lanner IV[a�ret C1ark, A'IGP DEPT Community Develapment Services Attachments: Public FIe�lth-Seattle &`King County C'ommunittes Putlinb'Preventidn to Work �IEt1L Letter of Intent (:�,QZ) to Apply for Funcls Fozxn. Backgraund: Puhlic �3ealth-Seaitle anc� King County (PHSKC) received a$15.5 million award as part of the American Recovery and Reinvestment Act of 2�09 (ARRA). These funds will support the Communities Puiting Prevenfion to Work_ (CPPW) initi�tive. There will be $6 available to schooi districts, locul governments, and comrnunity orgsmizations. '�'I}e pq11 of the CPPW uzitiative is to reduce'$ealth iuequities by focu,sing on coxmnunities with ilte greatesY disa�ivantage (facus communities). Federat Way is anc of 12 focus canununities tliat aze e�ip;ibte for at least half of the funcls. The average award pez city will be $175,000, with a maximum af $300,000. Crrant applications are due by 7uue 3, 2010, and cnntracts will run fi•om July 19, 2010, to 1Vlarch I8; 20i2, a 2�-month period. Thc City sutimitted the attached Letter of Intent (LOl) on Apri121, 2010, to apply for a grant in the amoimt of $300,000 to pre��re a City-Wide Bicycie and Padestrian Master Plan with,:emphasis on the Neighborhooci BtYSiness (BN) Zone {45.57 acres in size) and surrounding neighborhood located in the vici3tity of 21 Avenue SW and SW Campus Drive, Work under Yhis grant will corc�tlement the MajorComprehensive Plan Update by responding to the requirementto adopt arban pFaiuring approaches tliat increase physicat activity and"preparation of a pedestr[an anct` bicycle campon�nt_ In addition, the 2010 Plann:ing Commission '4Vork Program contains a work item to evaluate existuig BN zones. Pzepazation of a sub-area plan for flus zone is infended to be a model far the remaining BN- zoned areas. Options_Cnnsidered__ 1) Subimita {�rant a�plication; or 2� Do not subrait a�rant a��licahoii. ,� _ x.. �._ ��¢� � , "'"�-`- STAFF RECU141MF.N1)ATIUN S u b mi tta l of grant applicati N need t forward ta Gouncil. � .�..�___�. CrTTV MANAGER APPROVa1[,: (,/ti ,S )(}(U DIRECTOR APPROVAL: , � Camm►nni.. ee Council Committee Council C:(?MM1TTk:F IiF(.:�b1MENDATION: &3?�A2�fs1 a�.g�a#�E-8�g}tC�tn7tL' �� '� '�YDG[.r� W1 � �r�"� ��"� `� d�-�C� . � e '' ' �,�.� .�-� ,� �cu� �� ._ f � _ — Pa : Chair eanne Iiurbidee. Membe� 7ack IIovev. Member �'x�POS�:v Courcu, MOTiotYC Not ApplicabPe-' __ ______ ,�.&ELGb6Y;'J'p BE �'11A11°1>��b BX C7TX CLE1tKS OFFICE) COUNC:11, ACTIO�; ❑ APPROVI�.D C.()UNCILAfLL# _._�_.� e_.___......__�_.�....._ C} DENIED 1 r�tding � TARI.ED�DEFF(2REp/N0 ACI'10N Euactment read[ng ❑ N1C)V ED TO Sb.'COND REAhTNG (nrclinartces nnly) ORllIMANCF, t� REV tSED - 02l0G2006 RFSOLf.IT10N # K:\CPPihr G�an ti05? S I U Agcnila Sill.doc Attachment 3 Chronic Disease and Injury Prevention Section 401 Fifth Avenue, Suite 900 � Seattle, WA 98104-181�8 � 206-263-8227 Fax 206-205-0525 TTY Relay: 711 www, ki ngcou nty. gov/fiealth July 7, 2010 Greg Fewins Director, Community Development Services City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Public Health � _. _... __._. _. _. .... • Seattle & King County RE: COMMUNITIES PUTTING PREVENTION TO WORK AWARD Dear Mr. Fewins: Public Health - Seattle & King County is completing the selection of grantees for funding under the Communities Putting Prevention to Work (CPPW) initiative. I am pleased to notify you that City of Federal Way has been selected as a candidate for a Healthy Eating/Active Living award for the period of July 21, 2010 through March 18, 2012. The overwhelming response to the Request for Proposal led to a total amount requested that far exceeded what we are able to fund, making the award process very competitive. Congratulations on being selected! This information is not yet public, so you are required to keep this information confidential and embargoed from anybody outside of your organization as well as the media until the official grant awards are announced on July 21, 2010 at 10:00 A.M. You can only share this information with the most senior leadership within your organization and those in your organization who need to know for planning purposes. Confidential communications with subcontractors is acceptable. The deliberations for awards included both internal and external review. External review panels scored proposals based on the criteria included in the RFP and also made funding recommendations. The Public Health CPPW team used the review panel recommendations as a guide to develop a mix of grants that we believe will best support policy, systems and environmental changes to reduce tobacco and obesity, address health inequities and improve the health of King County residents. Because of the large number of applications and limited funds, we may offer many award candidates a revised scope of work (and budget) during contract negotiations. This allows us to fund more applicants. Attachment 4 CPPW Proposal Award July 7, 2014 Page 2 Please note that this award is conditional, contingent on negotiation of contract scope and budget and on continued funding availability through the Communities Putting Prevention to Work federal initiative. You will receive a call within the next week to schedule a meeting to negotiate your scope of work and budget. These meetings will be approximately 90 minutes and held between July 8 and July 2p Please plan on having decision-makers present for the contract negotiations. Final scopes of work and budgets will be due to Public Health no later than one week following the contract meeting. Congratulations again on being selected! We look forward to working with you to create a healthier King County. Sincerely, �� Jim Krieger, MD, MPH CPPW Program Director cc: Ryan Kellogg, CPPW HEAL Program Manager, PHSKC Kadie Bell, CPPW HEAL Local Governments, Grant Officer, PHSKC Exhibit A— City of Federal Way Scope of Work Introduction: The City of Federal Way will complete this scope of work supported by a Communities Putting Prevention to Work (CPPW) Healthy Eating Active Living grant from Public Health — Seattle & King County. The goals of CPPW HEAL are to support schools, local governments and communities to reduce overweight and obesity rates by increasing healthy eating and physical activity through policy, system and environment changes. The policy, system or environment change(s) City of Federal Way agrees to implement with the CPPW grant funding include: ■ Increase access to opportunities for physical activity ■ Increase access to healthy food and/or decrease access to unhealthy food for residents ■ Limit unhealthy food and drink availability in City of Federal Way facilities and/or programs Tasks: City of Federal Way will conduct the following achieve the above outcomes. Project Outcome 1: City of Federal Way has activ�ly� changes that result in increased mobility on bicycle and City, with an emphasis on school-age children. Task I: Partner in the development and adoption of a citywid� Pedestrian Master Plan with an emphasis around infrastructu proximity to schools. uce associated deliverables to , systems and environmental st at risk populations in the Master Plan and vements within close Deliverable: De ' te a re entative to actively participate on the "Built Environment S- ittee f the CPPW Coalition and attend related workshops. Provide a recor tt and summary of contribution. Deliverable: Provide e po � and data to Public Health Seattle-King County and/or their c Itants inc uding, but not limited to, GIS, non-motorized transportation, Is/ afe Routes to Schools, parks, land use and/or physical activity, communit ilities, demographics, geography, trails and roads. Deliverable: Facilitate and lea regularly scheduled advisory committee composed of city departments (Public Works, Surface Water, Traffic, Police, Planning, Mayor's Office, etc) and stakeholders (HOA, business owners, etc). Provide a list of attendees, their affiliation, agendas, meeting minutes and quarterty summaries of accomplishments. Deliverable: Designate an internal liaison to facilitate the successful adoption of a complete streets ordinance and work with Public Health Seattle-King County and/or their consultants to develop supporting materials, reports and presentations. Deliverable: Along with Public Health Seattle-King County and/or their consultants, present advisory committee findings and preliminary plans to City Council and Planning Commission at least once to receive feedback and direction. Provide a summary of comments/suggestions. Deliverable: Attend events with Bicycle Alliance of Washington regarding Safe Routes to Schools project prioritization and education. Deliverable: Provide feedback to consultants on criteria for project prioritization Deliverable: Provide feedback on draft pedestrian and bicycle master plans produced by consultants. Attachment 5 Deliverable: Facilitate internal review processes for plan adoption (environmental review, public hearings, planning commission, etc) Deliverable: Bicycle and Pedestrian master plans adopted by City Council Deliverable: Provide draft promotional post card to Public Health Seattle-King County and distribute final post cards to 48,000 household via United States Postal Service Completion Date: January 15, 2012 Task II: Allocate funding for the implementation of priority projects. Deliverable: Provide a record of changes to existing Capital Improvements Program and revisions to codes based on adoption of Bicycle and destrian Master Plans, and related work conducted by Public Health Seattle- ' nty and/or their consultant. Deliverable: Provide a list of priority projects to be funded t rks Expansion Levy with cost estimates and timeline. Completion Date: Februarv 31, 2012 Task III: Partner in the development of land use patterns and zoning which �icourage walking and biking Deliverable: Provide existing land use community visions or goals related to compact development, transit orient ent, new urbanism, form based-code, etc. Deliverable: Provide existing comprehen e pl ub-area plans for review by Public Health Seattle-King County a or eir nt and the advisory committee Deliverable: Provide ongoing feedback to P c Health attle-King County and/or their consultants from the advisory co mittee on draft comprehensive plan update materials which encourage active in Deliverable: Along with Public Health Seattle-Ki County and/or their consultants, present ad ' ory committee findings and p liminary plans to City Council and Planning ' n at least once to receive feedback and direction. Provide a summary of comme Deliver • (please Project Outcome 2: ( changes that result in i with an emphasis on s gestions �additional information) (eral Way has actively supported policy, systems and environmental access to healthy food for the most at risk populations in the City, children. Task I: Partner in the development of policies, economic incentives and/or land use patterns and zoning which encourage consumption of healthy food and/or reduced consumption of unhealthy food. Deliverable: Provide existing land use policies, community visions or goals related to community gardens, p-patches, farmers markets, economic development, urban farming and/or food establishments. Deliverable: Provide existing comprehensive plan and sub-area plans for review by Public Health Seattle-King County and/or their consultant and the advisory committee Deliverable: Provide ongoing feedback to Public Health Seattle-King County and/or their consultants from the advisory committee on draft policies or plans which increase access to healthy food Deliverable: Along with Public Health Seattle-King County and/or their consultants, present advisory committee findings and preliminary plans to City Council and Planning Commission at least once to receive feedback and direction. Provide a summary of comments/suggestions Deliverable: If your jurisdiction, or an area contained within it, is designated as a high priority area with inequitable food access by King County Department of Natural Resources and Parks, designate an internal champion to facilitate fhe adoption of policy, systems and/or environmental changes with support from the University of Washington's Northwest Center for Livable Communities. Completion Date: September 15, 2011 Project Outcome 3: City of Federal Way has actively su d policy, systems and environmental changes that result in the adoption of nutritional standa in Ci owned and operated facilities and healthv food procurement policies across departmen � Task I: Create a workgroup composed of staff food to develop and adopt nutrition guidelines Deliverable: Submit a list of with staff membership, affiliatio individuals served by establishment represented Deliverable: Submit a work ptan to Public Health Seattle-Kinc Comaletion Date: Septe er 30. : 0 Task II: Develop acceptable programs that serve or offer roximate number of for approval Deliverable: Develop nutritional s rd with Public Health Seattle-King County staff or their consultants Deliverable: Complete and provide assessment of food service in the following areas: ■ Procured by the City for employees and the general public (e.g. in cafeteria settings or food provided at meetings/events). ■ Food procured by the City and offered in meal and or snack programs that the City oversees and/or contracts for (e.g. jails, hospitals, child care, after-school, camps ■ Sold in vending machines located on City property Deliverable: Submit a work plan to Public Health Seattle-King County for approval which addresses all or some of the above areas Completion Date: November 1, 2010 Task III: Implement nutritional standards policies and food procurement systems Deliverable: Determine whether current food contracts meet new standards Deliverable: If needed, negotiate new contracts with food suppliers or sign contracts with new suppliers which meet nutritional standards Deliverable: Provide a summary report to Public Health Seattle-King County with nutritional standards, compliance plan and sustainability Completion Date: April 1, 2011 Payment: Upon receipt and acceptance of deliverables, City of Federal Way will be reimbursed for costs incurred based on tasks completed. Required CPPW Grant Standards �. ��n�� ,��'� . �' j�?� � �.,r'��r`'�.v�� -�y >, x The following Communication Guidelines should be followed by all RFP recipient organizations, media contractors, or partners developing communications activities. 1. All communications materials and products must be linked to the broader CPPW communications strategies and campaigns CPPW Communications Team will work with a contract agency to create a campaign(s) that supports the overall goals of CPPW in King County. All organizations, schools, or government entities receiving fundin m CPPW for media activities must coordinate with Public Health, and, when necessary, the a e media agency to assure planned communication activities fit with the overall media ca igns re in support of CPPW policy goals. 2. General branding required Use attribution language below on CPPW-funded campaign materials such as b s, brochures, ads, banners, flyers, posters, web pages, podcasts, TV/radio paid media or PSA. oes not replace organization logo or tagline. Print Language Made possible by funding from the Departme and Human Services and Public Health - Seatt/e & King County. Spoken Language: Brought to you by the Department of Health and County. There are no font or I�acement requirements for the and Public Health -Seattle & King bution language. CPPW Comm - cations ill provide logo and branding information as soon as a logo is developed vailable. 3. Requesting nical We highly recomm at phase, well before me media technical assistan media agencies. General t agencies. � ass� : nce for communications all R recipients request technical assistance early in the development ateri ` pproval is needed (see below). All RFP recipients can request ° CPPW Communications Team or one of Public Health's contracting ical assistance and consultation will be provided to all requesting Public Health's media contractors cannot pay for the following activities: • Purchasing ad space • Design of materials • Printing, fulfillment or purchasing of promotional materials (Note: Although the contractors cannot pay for the above activities, they can provide technical assistance on how to do them.) To request technical assistance, please contact your Grant Officer who will work with the CPPW communications team. 4. All communications materials and products need draft and final approval All media materials (see list of inedia materials be►ow) developed for CPPW activities must be sent to the CPPW Communications Team for draft review, and final product approval. If materials are to be translated, the final English version (before translation) should be sent to the CPPW Communications Team for approval. Translated versions of an approved English document do not need to be approved. Materials will be approved in a timely manner. For all communications approvals, please contact your Grant Officer who wilf work with the communications team. �`Media materials include: brochures/pamphlets, posters, magnets, stickers, flyers, busboards, cabtop ads, all print and broadcast advertisements, other promotional materials, and social media (e.g. Facebook, Myspace, Twitter) or website content. � 5. All communications materials must follow to change. (Graphics and branding standards� 6. All grantees will participate in a communicatio evaluation about their media efforts during the cou 2 3. ics and branding standards, subject leve ment as of 7/12/10) ing and complete an F the grant period. The grantee and the CPPW Evaluation Team will work Ilaboratively to track the implementation of CPPW funded activities, and evaluate policy, systems and environmental chan xpected short-term outcomes. The evaluation process will be participato nd is nded to provide the grantee with useful information for decision-makin , ing a,_� project management. The grantee will name ; designated CPPW eval The grantee will assist the follows: o will be the primary liaison to a in developing a detailed evaluation plan, as a. The grantee will describe the project sufficiently for the evaluator to understand the purpose and change mechanisms of the project. In most cases, the evaluator and grantee will construct a logic model that captures the project's goa4s, objectives, activities, timeframe and resources . b. The grantee and CPPW evaluator will identify and mutually agree upon the evaluation focus and questions as well as reasonable measures and data collection methods. c. The evaluation plan will be finalized within 30 days from the start of project work. 4. Grantees will provide project data that is reasonable to collect using methods agreed upon in the evaluation plan (for example: participate in interviews, assist in collecting survey data, provide site access to record environmental conditions, complete tracking logs, provide evidence of policy implementation through contracts or other documents )- 5. Through routine CPPW progress reporting, grantees will update the status of activities. Periodically, as needed, the grantee and evaluator will discuss project strengths and challenges, and share information on how the project and evaluation are proceeding. All grantees should expect to support evaluation activities with a minimum of 5% of their staff time and resources. Monthty: All grantees will be required to participate in monthly reporting activities for program progress and data such as hours worked. Reporting may include monthly site visits with contract management staff as well as possible online reporting tools. Quarterly: All grantees will submit a 300-500 word implementing their policy/systems/environmental submit a telling story (video, digital storytelling, easily shared among grantees, partners and poten 1/31/11, 4/30/11, 7/31/11, 10/31/11, 1/31/12 and fina invoice.) on success and challenges of nge(s . In lieu of a report, grantees may articl ith photo, song) that can be th ic. (Due dates: 10/31/10, I ary to be submitted with final The CPPW Coalition will focus on policy, systems and enviro ent issues in King County that affect healthy eating, acti iving and tobacco policy. Grantees must join the coalition and participate in a work . er organizations, coalitions, individuals or groups working on obesity, nutrition, ph al acti ��: or tobacco prevention will also participate. Grantees must spend at least fo r a m th participating in coalition activities and this time may be included in the proposa! litior�will meet quarterly. Policy, sys and enviror� partnersh p ublic Hea with Public Hea taff to d also receive techn ssis policy or legal expe u� Consortium. ;h n be challenging. Grantees must work in ring funding period. Grantees will meet at least monthly � progress and make adjustments as needed. Grantees will from Public Health staff and from contractors with special the Prevention Institute and the Tobacco Control Legal The CPPW initiative's ability to produce policy and systems change largely depends on its capacity to effectively mobilize community groups to bring the CPPW perspective to decision makers at appropriate times. CPPW will develop tools—such as a web-based rapid response system and timely email notification of educational opportunities to help grantees mobilize their constituents and partners accordingly. Mobilization may include activities such as writing letters or email messages, educating decision-makers and participating in hearings. CPPW funds cannot be used for lobbying, and grantees will receive training to clearly distinguish lobbying from other educational activities. Grantees will be expected to participate in initiative-wide activities, such as an annual Prevention Summit and a grantees' network (including periodic meetings). � �� r i� :., � •�, , , : � ,��,�� ; �� ;� ,,� : ; ��p„�x.. .. � ,�. ,... _. .�� ,. ,':. . „�:, „ � �� , .�� .. ;�: �. �� %< ,., s� 6. The grantee and the CPPW Evaluation Team will work collaboratively to track the implementation of CPPW funded activities, and evaluate policy, systems and environmental changes and expected short-term outcomes. The evaluation process will be participatory and is intended to provide the grantee with useful information for decision-making, planning and project management. 7. The grantee will name a point of contact who will be t imary liaison to a designated CPPW evaluator. The grantee will assist the evaluator in developing a detailed ation plan, as follows: a. The grantee will describe the project sufficiently for the ator to understand the purpose and change mechanisms of th roject. In most cases, the evaluator and grantee will construct a logic model that captures the project's goals, o' ctives, activities, timeframe and resources . b. The grantee and CPP uator will identify and mutually agree upon the evaluation focus and q s well as reasonable measures and data collection methods. c. The evaluation plan will b i' ze 30 days from the start of project work. 9. Grantees will provide project data that is r- nable to collect using methods agreed upon in the evaluation plan (for example: rticipate in interviews, assist in collecting survey d ' e site access to record environmental conditions, complete tracking logs, p ide ev of policy implementation through contracts or other documents )• 10. Through -'ne CPP ogress reporting, grantees will update the status of activities. Periodicall , needed e grantee and evaluator will discuss project strengths and challenges, a-= are ' ormation on how the project and evaluation are proceeding. All grantees should expe�'�to support evaluation activities with a minimum of 5% of their staff time and resources. � r � r � � �� '�� z ;r, � � R , _ T ��,.� �-��. 6��° � :: `�� ,_ � :��,. �� "� _ � '�� . fx �„�� . ��, , .F _ .��, _ Monthly: All grantees will be required to participate in monthly reporting activities for program progress and data such as hours worked. Reporting may include monthly site visits with contract management staff as well as possible online reporting tools. Quarterly: All grantees will submit a 300-500 word report on success and challenges of implementing their policy/systems/environmental change(s). In lieu of a report, grantees may submit a telling story (video, digital storytelling, news article with photo, song) that can be easily shared among grantees, partners and potentially the public. °�a� � c� � ��ss� �, "��. �5� ��.. �� ;f�� ,. : _n. .� , .,�� .�.��,�r�,,,,,�W ��F�.. ' h� , ,,�., � ��' � . ��,,� 9' _ .,� - °� The CPPW Coalition will focus on policy, systems and�environment issues in King County that affect healthy eating, active living and tobacco policy. Grantees must join the coalition and participate in a work group. Other organizations, coalitions, individuals or groups working on obesity, nutrition, physical activity or tobacco prevention will also participate. Grantees must spend at least four hours a month participating in coalition activities and this time may be included in the proposal budget. The coalition will meet quarterly. Policy, system and environment change can be challenging. Grantees must work in partnership with Public Health during the funding period. Grantees will meet at least monthly with Public Health staff to discuss progress and make justments as needed. Grantees will also receive technical assistance from Public Health nd from contractors with special policy or legal expertise, such as the Prevention I tute and the Tobacco Control Legal Consortium. The CPPW initiative's ability to produce policy and syste hange largely depends on its capacity to effectively mobilize community groups to bring PPW perspective to decision makers at appropriate times. CPPW will develop tools—such web-based rapid response system and timely email notification of educational opportuniti —to help grantees mobilize their constituents and partner cordingly. Mobilization may include activities such as writing letters or email messages - decision-makers and participating in hearings. CPPW funds cannot be used f,:. bbyin , d grantees will receive training to clearly distinguish lobbying from other e c al ac ities. Grantees will be expected to pa te in initiative-wide activities, such as an annual Prevention Summit and a grantees' tk (including periodic meetings). COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PROPOSED EXTENSION AGREEMENT WITH THE POLICE LIEUTENANTS' ASSOCIATION PoLICY QUESTION: Should the City Council approve the proposed Extension Agreement with the Police Lieutenants' Association? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business � I �� Ordinance Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson City Attorney DEPT: Law _z.. _._ _..... _...__..._ _ _..._............ The Collective Bargaining Agreement for the Police Lieutenants' Association is due to expire on December 31, 2010. The proposed Extension Agreement extends the existing contract for two years without any wage increases and with the acknowledgement that the Health Care Task Force may find savings in health care, which the Lieutenants agreed to consider. The Lieutenants' Association has ratified the proposed agreement. Attachments: Proposed Extension Agreement Options Considered: 1. Approve the Extension Agreement and authorize the City Manager to execute it. 2. Reject the Extension Agreement and direct Staff to negotiate further. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: � Committee COMMITTEE RECOMMENDATION: ' 1 F--� DIRECTOR APPROVAL: � M _� Council Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the Extension Agreement with the Police Lieutenants' Association and authorize the City Manager to execute said agreement. " � (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLEDNEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/O6/2006 RESOLUTION # CONTRACT EXTENSION AGREEMENT WHEREAS, the City of Federal Way ("City") and the Federal Way Police Lieutenants' Association ("Association") have been and are signatory to an existing collective bargaining agreement effective through December 31, 2010 ("the Agreement"), setting forth the wages, hours, and other terms and conditions of employment for members of the bargaining unit represented by the Association; and WHEREAS, the City and the Association have agreed to extend the Agreement for an additional two (2) years with the amendments that are set out in this Extension Agreement; it is therefore AGREED BY AND BETWEEN THE PARTIES HERETO, in consideration of the mutual promises contained herein and in other good and valuable consideration, that: l. The Agreement is attached hereto and incorporated by reference as if fully rewritten herein. 2. All of the terms and conditions of the Agreement shall be continued in full force and effect except as specifically amended below. 3. In the event Lieutenants are demoted for non disciplinary involuntary basis, the Lieutenant may choose to 1) receive the current base salary, which does not include any other pays or extra duty amounts, ar 2) receive the Guild salary Patrol per the Police Officer Guild contract including extra pay and Career Development (assuming qualified). The Lieutenant will notify Human Resources of their choice priar to the effective date of the demotion of their choice. 4. Article 17 defines seniority as the time served as a Lieutenant. Those Lieutenants demoted for non disciplinary involuntary demotion will not be serving as lieutenants, and therefore, will not continue to accrue lieutenant seniority. However, the lieutenant's accrued seniority will transfer to the Guild contract, and seniority will continue to accrue as seniority is defined as "total service as police officers with the City of Federal Way". 5. The City agrees to a three (3) year/thirty-six (36) month recall period for non disciplinary involuntary demotions. 6. This contract extension agreement does not set a precedent for future contract negotiations. 7. The Association representatives will participate in the Health Care Benefits Task Force. In the event there is an agreement between the City and the Association as a result of the Health Care Task Force efforts, said agreement will be reflected in a memorandum of understanding during this 2011-2012 contract period. Page 1 of 2 Contract Extension Agreement 8. Given the uncertainty of revenues for the City's budget, the City may need to modify the current membership benefit to the Federal Way Community Center. The parties agree to a limited reopener during this 2011-2012 contract period regarding the Federal Way Community Center benefits. 9. Article 20 of the Agreement shall be amended as follows: This agreement shall be effective until December 31, 2012. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on the date of signing. 10. Any dispute or difference concerning the interpretation or application of the provisions of this Extension Agreement shall be resolved through the grievance-arbitration procedure set forth in Article 14 of the Agreement. IN WITNESS WHEREOF, we have set our hands this _ day of July, 2010. CITY OF FEDERAL WAY FEDERAL WAY POLICE LIEUTENANTS ASSOCIATION City Manager/Police Chief Brian Wilson Tracy Grossnickle, President Approved as to form: City Attorney, Patricia A. Richardson K:\unionU.ts�2011agreement12011-2012 extension-fina171310c1ean Contract Extension Agreement Page 2 of 2 COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: �O � SUBJECT: APPEALS OF HEARING EXAMINER'S DECISIONS POLICY QUESTION: SHOULD THE CITY COUNCIL MODIFY CERTAIN PROVISIONS IN THE FEDERAL WAY REVISED CODE WHERE THE HEARING EXAMINER'S DECISION CAN BE APPEALED TO THE CITY COUNCIL? C�MMITTEE Land Use/Transportation CATEGORY: ❑ Consent City Council Business � Ordinance ❑ Resolution MEETING DATE July 12 , 201 O ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson, City Attorney DEPT Law Attachments: Staff report and proposed or�inance modifying certain provisions in the FWRC where the Hearing Examiner's decision can be appealed to the City Coancil. Options Considered: 1. Approve the proposed ordinance modifying certain provisions in the FWRC where the Hearing Examiner's decision can be appealed to the City Council. 2. Modify the proposed as discussed. 3. Reject the proposed ordinance. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL' � 6 ��_ DIRECTOR APPROVAL: '( 1� �� (1 � Committee Council Committee Councit COMMITTEE RECOMMENDATION: F�'IZ(,'�L!`�G� �C �L�i �'-C� .�-DI j1 Ga�"L� C�lz62Gi l 81.�s`l�-�C�S -�`}Gj�fsr��t_ �C?1�f 41�i1�" l`� �d Y3'I i't'l��►'L��L �"7 C`7t_,� , .� .J � Committee Chair om ' ee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (DATE) �move to forward the ordinance modi fying certain provisions in the FWRC where the Hearing Examiner's decision can be appealed to the City Council to a second reading for enactment on the August 3, 2010 consent agenda. 2 READING OF ORDINANCE (CONSENT AGENDA DATE): " move approval of the ordinance " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 COUNCIL BII,L # 1 reading Enactment reading ORDINANCE # RESOLUTION # � qw . � � `� � . . CITY ATTORNEY'S OFFICE MEMORANDUM DATE: JULY 12, 2010 TO: LAND USE/TRANSPORATION COUNCIL COMMITTEE MEMBERS VIA: BRIAN WILSON, CITY MANAGER/POLICE CHIEF FROM: PATRICIA RICHARDSON, CITY ATTORNEY � n" SUBJECT: PROPOSED AMENDMENTS TO THE FEDERAL WAY REVISED CODE In an effort to streamline service to citizens and to use Ciry staffing resources efficiently, the City rlttorney� identified sections in the Federal Way Revised Code ("Fti`��RC") where the City Council acts as the appellate body for some decisions made by the Hearing Examiner, and is proposing modifications. Granted appellate hearings before the City Council are not frequent. Ho�vever, historically some of the hearings have required more than one evening to conduct the hearing, which does not account for time spent in prepararion. Depending upon the compleYiry of the issue, it may take a fair amount of time for City Council to issue the decision. T'YPES OF ISSUES THAT CAN BE APPEALED TO CIT'Y COUNCIL 1. Permit for right-of-wav activitv. Generally a permit is required when individuals or groups of individuals want to conduct an activity in the right-of-way. FWRC 430.110 establishes the appeal process. Appeals to City Council must occur witivn thirty (30) days of notice of appeal. 2. Revocation of business license/registration. If a business registration/license is revoked or an application denied, FWRC 12.05.230 states that the Hearing Examiner's decision can be appealed to the City Council. The process for the appeal is "Process IV". ("Process N is addressed in more detail below under development regulations). 3. Develo�ment reeulations (including environmental decisions. Process N is the procedure described for appeals of the Hearing Examiner's decision in regards to environmental decisions — FtiY/RC 14.10.060 — and for development, activities and land • ues — FWRC 19.70.010. The procedure requires staff to prepare a report for the hearing before the Hearing Examiner. The report is quite detailed and involves several pages with exhibits. The detailed report is then sent to the applicant, the Hearing Examiner, and citizens within a certain area. If the Hearing Examiner's decision/recommendation is appealed, Staff is required to prepare a second report, attached the hearing examiner's written decision/recommendation along with all documents submitted at the hearing and again mail copies to individuals participating in the hearing and those indicating an interest. APPEARANCE OF FAIRNESS DOCTRINE An addiuonal considerarion in bringing forth the pYOposed modificauons to the FWRC was the application of the quasi-judicial role in appeals. When Council acts in the quasi-judicial capacity, the Appearance of Fairness Doctrine ("Doctrine'�, as required by state law, applies. The basic premise of the Doctrine is that the decision making body will only consider the information in the record of the hearing examiner's hearing when rendering a decision. This limitation is counterintuitive to the legislative body because citizens are encouraged to interact with the legislators, and because the legislators seek citizen input. This limitation can be particularly difficult for Council because aIl are very involved in the community, �vhich results in additional, outside knowledge.l The proposed modifications would not change appeals to the Ciry Council under the following provisions: F��1RC 3.30.070 Tas exemptions Fti`URC 11.45.100 — S��UNI rates Fti 18.35 — Preliminary Plat FWRC 18.45 — r�lteration of plat FWRC 18.50 — Vacate subdivision PROPOSED MODIFICATIONS The Fti�RC process provisions below are identified in the proposed ordinance. The proposal identifies provisions to be modified and provisions to be repealed entirely depending upon the substance. In each provision the Hearing Examiner conducts a hearing to provide the applicant and others an opportunity to present information, and then the Hearing Examiner issues detailed fmdings and conclusions to support the determination. The proposed modifications would indicate that the Hearing Esaminer's decision is final for the City and appeal is then to superior court. Research reveals that more than ninery cities use a Hearing Examiner process, and many provide that the appeal goes to superior court. Municipal Research and Services Center ("MRSC") indicates the trend continues to move towards sending appeals to superior court instead of city council. Attached is a list of cities that use the Hearing Esaminer process and appeals to superior court. Some cities limit the appeals to superior court for land use decisions. 2 The provisions in FWRC where the Hearing Examiner makes a recommendarion to the City Council are excluded fxom the proposed amendments. Council would continue to make all decisions concerning zoning, plats and subdivisions. 2 CODE PROVISIONS Mod� — FWRC 4.30.110 — Appeal Hearing Examiner Decision re: Activities in Rights of Way FWRC 12.05.210 — Decision of Hearing Examiner Business License/Registration FWRC 14.10.060 — Appeal Hearing Examiner Decision re: Environmental Administration Fti�1RC 19.70— Appeal Hearing Esaminer Decision re: Process N development regulaUons � .010 — Administration of Process N � .150 — Hearing Examiner's Decision 1Zej�eal Fti�1RC 12.05.230 — Appeal to City Council (to be consistent with Fti`URC 12.05210 modification above) Fti`�1RC 19.70 — Appeal Hearing EYaminer Decision (above) �.170 — Appeal of Decision (to be consistent with modifications above) �.180 — Notice of Appeal Hearing (to be consistent with modifications above) �.200 — Staff report on appeal (to be consistent �vith modifications above) �.210 — Closed record appeal (to be consistent with modifications above) �.220 — Scope of appeal (to be consistent with modifications above) �.230 — Burden of proof in appeal (to be consistent �vith modifications above) �.250 — Criteria for Council's decision (to be consistent with modifications above) HEARING EXAMINER APPEAL TO SUPERIOR COURT Jurisdictions in Puget Sound Area Auburn Bainbridge Island Bellevue — Process II appeals may go to Shoreline Hearings Board or Growth Management Hearings Board Bothell Bremerton Burien Everett Kent — all quasi-judicial matters right of appeal is to superior court Lake Forest Park Medina Mercer Island Olympia Puyallup Sammamish Shoreline Tacoma — in some matters (not in NorthShore however) University Place HEARING EX�NIINER APPEAI. TO CI"I'Y COUNCIL Jurisdictions in Puget Sound Area Des Moines Edmonds Fife Kirkland Maple Valley Renton Tukwila K:\memo\2010\staff report\appeals to city council(2) 4 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Appeals of the Hearing Examiner Decision; amending FWRC 4.30.110; 12.05.210; 14.10.060; 19.70.010; 19.70150; and repealing FWRC 12.05.230; 19.70.170; 19.70.180; 19.70.200; 19.70.210; 19.70.220; 19.70.230; and 19.70.250. (Amending Ordinance Nos. 08-578, 92-134, 09- 599, 95-231, 91-86, 09-594, 07-573, 04-468, 97-291, 93-185, 92-133, 90-40, 90-43, 09-631, 02-424, and 99-337) WHEREAS, the City Council of Federal Way continue to strive for simple, clear, and streamlined processes with public participation; and WHEREAS, the City Council of Federal Way desires to provide for efficient and timely processes to address citizen concerns; and WHEREAS, the applicants are entitled to a resolution as quickly as possible; and WHEREAS, HB 1724 (regulatory reform) expressed goals are to minimize procedural steps, remove barriers and streamline the permitting processes: and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to modify the Federal Way Revised Code to provide that the Hearing Examiner's final decision would be appealed to superior court. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 4.30.110 is hereby amended to read as follows: 4.30.110 Appeals. (1) Appeal period. An applicant for a permit under this chapter must appeal any decision denying or revoking the permit within 14 days of issuance of the notice of the denial or revocation, by filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the notice of appeal, a hearing shall be held before a hearing examiner designated by the city. Notice of the hearing shall be given to the appellant at least 10 Ordinance No. 10- Page 1 of 10 Rev 1/10 days prior to the hearing. At the hearing the appellant shall be entitled to be heard and introduce evidence on his or her own behalf. (2) Decision of the hearing examiner. The decision of the hearing examiner shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the applicant shall be notified in writing. The decision of the hearing examiner is final ��^'°°° ^^^°°'°�' .•��+��^ , , , � Iti f'It � � , , . The decision of the '''+�� hearing examiner shall be final upon issuance. Section 2. FWRC 12.05.210 is hereby amended to read as follows: 12.05.210 Decision of the hearing examiner. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision, including findings of fact, conclusions, and order, affirming, reversing, or modifying the decision, action, or penalty being appealed based on the hearing examiner's findings and conclusions. Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of the public hearing. Notice of the decision shall be mailed to all parties. In the event of revocation or denial of a license or registration, the hearing examiner shall provide that the revocation or denial shall be for a period of not less than one year unless the hearing examiner determines that extraordinary circumstances exist justifying a shorter period of time, in which case the justification for such decision shall be set forth by the hearing examiner in writing. In determining the minimum time of the revocation or denial during which reinstatement or issuance of a business license or registration shall not be considered, the hearing examiner shall consider among other factors: (1) The degree of the licensee or registranYs culpability, if any, and the conduct leading to the revocation, suspension, denial, penalty, or other decision of the clerk; (2) The criminal nature of the conduct, if any; (3) The effects on the community and whether the business or activity was a threat to the public health, safety or welfare; and (4) Any mitigating evidence. The decision of the hearing examiner is f�^ '��^'° �^^°�'°�' �•,:+►,;,, �n a�.,�� , , the final decision of the city, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor. Ordinance No. 10- Page 2 of 10 Rev 1/10 Section 3. FWRC 14.10.060 is hereby amended to read as follows: 14.10.060 Administrative appeals. (1) Any interested party may appeal to the hearing examiner a threshold determination, a determination of the adequacy of a final environmental impact statement, and the conditioning or denial of an action. No more than one appeal may occur regarding threshold determinations or final environmental impact statements and the appeal shall consolidate any appeals of procedural and substantive determinations under SEPA with any hearing or appeal on the underlying action in a single simultaneous hearing before one hearing officer, except for appeals of a determination of significance; appeals of a procedural determination made by an agency when the agency is the project proponent, or is funding the project; appeals of a procedural determination made by an agency on a nonproject action; �e�-�s+�. The appeal shall be conducted under the provisions of process IV; provided, that the notice distribution requirements of process IV shall be replaced with the notice distribution requirements of FWRC 14.10.040. (2) Appeals are subject to the provisions of WAC 197-11-680(3), and the restrictions in RCW 36.70B.050 and 36.70B.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions. (3) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer; provided, that appeals of determinations of nonsignificance for which public comment is required are extended seven additional days. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. Section 4. FWRC 19.70.010 is hereby amended to read as follows: 19.70.010 Administration. Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process IV. Certain appeals of agency decisions are also governed by process IV. This chapter describes process IV. All development applications subject to this process and also subject to the requirements of Chapter 19.115 FWRC, Community Design Guidelines, shall first comply with process III as to those requirements, and then proceed with process IV as to any other required review. Any appeal of the director's decision as to community design guidelines pursuant to this section shall be decided at the same time as and in conjunction with the process IV review. If the development, use or activity that requires approval through process II or III is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that will result in more efficient decision making. Under process IV the hearing examiner will make the +r�--i#�al final decision following a public hearing. ' Ordinance No. 1 D- Page 3 of 10 Rev 1/10 � � � Section 5. FWRC 19.70.150 is hereby amended to read as follows: 19.70.150 Hearing examiner's decision. (1) General. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision. In an agency decision appeal, the examiner shall affirm, reverse, or modify the decision being appealed based on the hearing examiner's findings and conclusions. Subsections (3), (4) and (5) of this section do not apply to agency decision appeals. (2) Timing. (a) Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of the public hearing. (b) The hearing examiner will endeavor to issue his or her decision on the land use and design components of the process IV project permit approval within 120 days of the issuance of the letter of completeness issued pursuant to FWRC 19.15.045, except that the following periods shall not be included in the calculation of the 120-day period: (i) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant under this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection shall apply as if a new request for studies had been made. (ii) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW. (iii) Any period for administrative appeals of the SEPA threshold determination; provided, that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing. The parties to an appeal may agree to extend the 90-day period. (iv) Any extension of time mutually agreed upon by the applicant and the city. The 120-day time period does not apply if a project permit application under this chapter requires an amendment to the comprehensive plan or this title; requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or if a project permit application under this chapter is substantially revised by the applicant, in which case the time period shall Ordinance No. 10- Page 4 of 10 Rev 1/10 start from the date at which the revised project application is determined to be complete under FWRC 19.15.045. If the hearing examiner is unable to issue his or her decision on the land use or design review components of a process IV project permit application as provided in this subsection, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of final decision. (3) Decision criteria. The hearing examiner shall use the criteria listed in the provisions of this title describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if: (a) It is consistent with the comprehensive plan; (b) It is consistent with all applicable provisions of this title and all other applicable laws; (c) It is consistent with the public health, safety and welfare; (d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; (e) The proposed access to the subject property is at the optimal location and configuration for access; and (f) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. (4) Conditions and restrictions. The hearing examiner shall include in the written decision any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision. (5) Contents. The hearing examiner shall include the following in the examiner's written decision: (a) A statement granting, modifying and granting or denying the application. (b) Any conditions and restrictions that are imposed. (c) A statement of facts presented to him or her that support the decision, including any conditions and restrictions that are imposed. (d) A statement of the hearing examiner's conclusions based on those facts. (e) A statement of the criteria used by the hearing examiner in making the decision. (f) The date of issuance of the decision and a summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the hearing examiner. (g) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21 C RCW. (h) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (6) Distribution of written decision. Within five working days after the hearing examiner's written decision is issued, the director shall distribute the decision as follows: (a) A copy will be mailed to the applicant and the appellant. Orclinance No. 10- Page 5 of 10 Rev 1/10 (b) A copy will be mailed to each person who submitted written or oral testimony to the hearing examiner. (c) A copy will be mailed to any person who has specifically requested it. (d) A copy will be mailed to the King County assessor. (7) Decision final. The hearinq examiner's decision is the final decision for the citv. Section 6. FWRC 12.05.030 is hereby repealed in its entirety. � �. , . . ■_ -- Section 7. FWRC 19.70.170 is hereby repealed in its entirety. . � � . ■�-.-.�'.�� _`J9 - , _ _ - � - . . - - _ � � � - _ � �� Ordinance No. 10- Page 6 of 10 Rev 1/10 . . . . - Section 8. FWRC 19.70.180 is hereby repealed in its entirety. • � � . . - • - - . . . . . Section 9. FWRC 19.70.200 is hereby repealed in its entirety. • � �� ■ �.-. �-�, �-.-�- � - - � • � e • � . � � _ • � Ordinance No. 10- Page 7 of 10 Rev 1/10 Section 10. FWRC 19.70.210 is hereby repealed in its entirety. • � � � � �� ' � - . . . . - Section 11. FWRC 19.70.220 is hereby repealed in its entirety. • � � �� . . . _ . . - - - Ordinance No. 10- Page 8 of 10 Rev 1/10 Section 12. FWRC 19.70.230 is hereby repealed in its entirety. • � � - . _....- - -- - Section 13. FWRC 19.70.250 is hereby repealed in its entirety. • � � .. .._ � - • . . - - • . . � .. •. . . - , ... . � .. r�mmor�+c� �� }ho ni��i n�� nril (3) €#es�. The decision of city council is the final decision of the city. Section 14. Severabilitv. 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, Ordinance No. 10- Page 9 of 10 Rev 1/10 clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid ar unconstitutional. Section 15. 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 16. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 17. 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 2010. CITY OF FEDERAL WAY MAYOR, LiNDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 10- K:\ord\2010�HEX appeals Page 10 of 10 Rev 1/10 day of COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Su�ECT: World Championship of Sand Sculpture ITEM #: � POLICY QUESTION Should the City of Federal Way contribute an additional $58,000 to the F�Iorld Championship of Sand Sculpture Scheduled to Occur in Federal Way in September 2010? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business STnFF REroR'r BY: Patricia Richardson ❑ Ordinance ❑ Resolution Attachments: 2010 Proposed Sand Sculpting Budget MEETING DATE: ❑ Public Hearing ❑ Other DEPT: Law SummaryBackground: In late 2009 the City was approached about sitin� the World Championship of Sand Sculpture in Federal Way. In September 2009 Council authorized $23,000 from the Lodging Tax Fund for some start up costs as the event would be held in the City and would increase tourism. The Board of Director of the Warld Championship of Sand Sculpture, which includes community representation, has been diligently working on fundraising for the event,. However, despite all fundraising efforts, there remains a projected $58,000 shortfall that must be addressed for the event to happen. The Board is asking that the City provide an additionai $58,000 as seed money to ensure that the event will occur this September. Options Considered: 1 2 3 Support the Worid Championship of Sand Sculpture event with an additional $58,000. Support the World Championship of Sand Sculpture event with an additional Do not authorize additional monies for the World Championship of Sand Sculpture event. STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL: � I� 1 DIRECTOR APPROVAL: �I � n I` Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COLTNCIL MOTION "I move to approval option " (BELOW TO BE COMPLETED BY CITY CLERK.S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO 5ECOND READING (ordinances only) ORDINANCE # REVISED — 03/15/2010 RESOLUTION # 2010 World Championship of Sand Sculpting Proposed Budget INCOME June - prior Juiv Au�ust September Savings $ 23,000 Sponsors $ 25,000 City of FW $ 23,000 City FW Gap Loan $ 58,000 Booths $ 2,205 People's Choice $ 3,000 Admission & Pre-sales $ 21,000 $ 244,300 TOTAL INCOME $ 23,000 $108,205 $ 21,000 $ 247,300 EXPENSES SAND CASTLES Sand $ 11,000 Kubota Rental $ 1,500 Property Rental $ 1,500 Lumber $ 8,500 TRAVEL & LODGING Hotels $ 52,000 Air $ 50,000 Food $ 25,000 Local Transportation $ 2,000 PROJECT MANAGEMENT Doc/Charlie lLC $ 20,000 Event Planning $ 5,581 $ 3,000 $ 5,500 $ 9,000 OPERATIONS Golf Carts $ 2,400 Barricades $ 2,500 Electrical $ 2,500 Sanicans $ 4,500 Garbage $ 3,000 Security $ 13,000 Other $ 2,000 ADMINISTRATION Insurance $ 1,101 $ 3,000 Telephone $ 164 $ 250 $ 250 $ 250 Accounting $ 1,315 $ 250 $ 250 $ 250 Volunteers $ 2,000 City of FW Gap Loan $ 58,000 Supplies $ 2,471 $ 250 $ 250 $ 250 Misc $ 915 ADV / PROMOTION N/Radio $ 6,000 $ 10,000 $ 10,000 Print $ 10,000 Awards & Plaques $ 8,000 $ 57,000 Website $ 858 Yard Signs $ 204 $ 1,200 Other $ 185 TOTAL EXPENSES $ 12,794 $ 62,750 $ 36,950 $ 286,650 NET $ 10,206 $ 45,455 $ (15,950 $ (39,350 NET PROFIT $ 361 COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: �] Q. SUBJECT: A PROPOSED ORDINANCE ESTABLISHING CITY DEPARTMENTS AND APPOINTIVE POSITIONS UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE AND ENACT THE PROPOSED ORDINANCE ESTABLISHING THE CITY DEPARTMENTS AND APPOINTIVE POSITIONS IN THE FEDERAL WAY REVISED CODE UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT AS DISCUSSED IN THE STUDY SESSIONS? COMMITTEE: n/a CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson, Ci Attorney DEPT: Law _.... _.._......._...._ .....................___...... ...................................... .......... ..._......._.._......_.........__.........................�'........................................._....................................._.. ...... .........._........................................................_............._...._.........__ _.........._............................._................_......._._......................... Attachments: Proposed Ordinance Establishing City Departments and Appointive positions under the Mayor-Council form of government. Options Considered: 1. Approve the proposed ordinance establishing City departments and appointive positions and forward to the August 3, 2010 City Council meeting for enactment. 2. Modify the proposed ordinance. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: �_ �` DIRECTOR APPROVAL: �� /� /� Committee Council Comm�ttee Council COMMITTEE RECOMMENDATION: N/A Committee Chair PROPOSED COUNCIL MOTION(S): Committee Member Committee Member 1 READING OF ORDINANCE (DATE): I move to forward the ordinance establishing City departments and appointive positions to a second reading for enactment on the August 3, 2010 consent agenda. 2" READING OF ORDINANCE (CONSENT AGENDA DATE): "1 move approval o the ordinance establishing City departments and appointive positions under the Mayor-Council form of government " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # �� ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, establishing Departments and Appointive Positions subject to Council Confirmation; amending FWRC Title 2; and adding new sections to Title 2. (Amending Ordinance Nos. 10-642, ZO-644, 09-600, 09-609, 07- 572, OS-494, OS-484, O1-392, O1-397, 99-339, 98-318, 95-252 and 89-05.) WHEREAS, the King County Elections Office has certified the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted were in favor of reorganization of the City of Federal Way as a Mayor-Council form of government; and WHEREAS, pursuant to said election results the City of Federal Way shall abandon its current Council-Manager form of government and reorganize as a Mayor-Council form of government as provided in RCW 35A.06.060; and WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of government shall not take effect until the election, qualification and assumption of office under RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and WHEREAS, RCW 35A.12.I90, which references RCW 35A.11.020, authorizes the City Council establish the city departments and internal organizational structure of the City government; and WHEREAS, RCW 35A.12.020 authorizes the City Council to identify appointive officers and establish the authority, the duties and qualifications of said officer; and WHERERAS, RCW 35A.12.090 authorizes the City Council to confirm mayoral appointments of appointive officers provided the confirmation is codified in an ordinance; and WHEREAS, the Federal Way Revise Code should be modified to establish the City departments; to establish appointive officers including the authority, duties and qualifications; Ordinance No. I D- Page 1 of 14 Rev 7/09 and to establish which positions will require City Council confirmation under the Mayor�Council form of government. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.05.020 of the Federal Way Revised Code is hereby amended as follows: 2.05.020 �:^��t�—Personnel policies, procedures and benefit programs. Tho „�;,.o� �ro.,+o,� -,.,,� �All personnel policies, procedures, and benefit programs are not printed in this Code, but are on file in the city clerk's office. Section 2. Title 2 of the Federal Way Revised Code is hereby amended to change the title of Division 1 as follows: Division l. Officials, Departments, A€€teia�� and Employees Section 3. Chapter 2.08 of the Federal Way Revised Code is hereby amended to add a new section as follows: 2.08.050 Executive Assistant to Citv Council. A. Position Creation, Appointment and Confirmatian. There is hereby created the position of Executive Assistant to Ci� Council. The Executive Assistant to City Council shall be filled bv appointment bv the Mayor and confirmation bv a majoritv of the Citv Council. B. Duties. Serve as administrafive support for all seven City Council members concerninq City business, which include coordinatinq meetinqs, conferences and travel arranqements, preparation of correspondence, reports and memoranda. Additionally, reconcile and process expenses, screen telephone calls, qreet the public, and take necessary actions to follow up for prompt responses. Maintain and update the calendars for City Council members and assist as directed bv City Council. C. Qualifications. Anv combination eauivalent to: two years colleqe-level course work in business administration, office manaqement, secretarial or related field and relevant experience. Colleae dectree and municipal aovernment experience preferred. D. The position should be full time. but mav be less at the direction of the Citv Council. E. The Citv Council will evaluate the perFormance of this position and present said evaluation to the Mavor. Ordinance No.10- Page 2 of 14 Rev 7/09 Section 4. Chapter 2.11 of the Federal Way Revised Code and the Sections list is hereby amended as follows: Chapter 2.11 r�ui�� AI'111AIAlICT�AT1\/C /'1CC1!`CC OFFICE Sections: 2.11.010 Creation 2.11.020 Chief Adminstrative Officer 2.11.030 Economic Development Director. 2.11.040 �aJar�Communications and Government Affairs Manaqer. 2.11.050 Financial Services Administrator 2.11.060 Hearinq Examiner Section 5. Section 2.11.010 of the Federal Way Revised Code is hereby amended as follows: 2.11.010 Creation. . , There is hereby created the office known as the Mayor's office. The office shall be supervised bv the Mayor and be responsible for the coordination of various internal and external issues and programs, and have the responsibility to coordinate and direct overall citv operations. The Mavor's officer will oversee and direct the positions as created below. Section 6. Section 2.11.020 of the Federal Way Revised Code is hereby amended as follows: 2.11.020 Chief Administrative Officer A. Position Creation, Appointment, and Confirmation. There is herebv created the position of chief administrative officer who shall act as assistant to the mayor. The chief administrative officer shall be appointed by, report to and serve at the pleasure of the mavor. Appointment of the Chief Administrative Officer shall be subject to confirmation by a majoritv of the City Council. B. Duties. The chief administrative officer shall manaqe the offices of administration as established in this title and shall have general oversight of the city departments as deleqated by the mayor. The chief administrative officer shall be responsible for the city's general operations, public relations and qovernmental affairs. Council may prescribe other duties with the mavor �roviding direction. C. Qualifications. The chief administrative officer must have the following or equivalent qualifications: he or she must be a graduate of a recognized college or university and have Ordinance No.1 D Page 3 of 14 Rev 7/09 experience in financial administration, accounting and/or personnel management or similar fields as deemed appropriate to the position by the appointing authority. D. Salary. The salary of the chief administrative officer shall be set by the mavor within the limits of the annual city budget established bv the citv council. Section 7. Section 2.11.030 of the Federal Way Revised Code is hereby amended as follows: 2.11.030 Economic Development Director. , , �+�ec-�ier�: A. Position Creation, Appointment, and Confirmation. There is herebv created the position of Economic Development Director. The Economic Development Director shall be filled by appointment bv the Mavor and confirmation by a maioritv of the Citv Council. B. Duties. The Economic Development Director shall be responsible for managinq the Citv's efforts related to economic development, consistinq of attractinq new businesses, retaining and qrowing existing businesses, promotinq and assistinq the Citv in redevelopment efforts, and promotinq tourism. Staff the Lodginq Tax Advisory Committee and assist other outside economic development committees. C. Qualifications. The Economic Development Director shall have the followinq gualifications with any combination equivalent to a Bachelor's degree in Urban Planninq, Business/Public Administration or related field and increasing responsible management experience related to lonq ranqe planninq land use planninq or economic development. Section $. Section 2.11.040 of the Federal Way Revised Code is hereby amended as follows: 2.11.040 Sa�la�Communications and Governmental Affairs Manaqer. �r�ni ��1 ni+v h� �rlrro4 oc4�hG�horJ h�� 4ho nifii nn� �nnil A. Position Creation, Appointment, and Confirmation. There is hereby created the position of Communications and Governmental Affairs Manager. The Communications and Governmental Affairs Manaqer shall be filled bv appointment bv the Mayor and confirmation by a majoritv of the Citv Council. B. Duties. The Communications and Governmental Affairs Manaqer shall be responsible for supportinq the Citv Council, and the Citv's manaqement team and staff in formulatinq leqislative issue positions and internal and external communications. C. Qualifications. The Communications and Governmental Affairs Manaqer shall have the followinq qualifications with any combination equivalent to a Bachelor's deqree in Journalism, Communications. Marketing, Public Relations. Public Administration, Political Science, Government Affairs or related field and progressive responsibilitv in Public Relations, Communication & Government affairs. Master's degree is strongly preferred. Ordinance No.10- Page 4 of 14 Rev 7/09 Section 9. A new Section 2.11.050 is hereby added to Chapter 2.11 of the Federal Way Revised Code as follows: 2.11.050 Financial Services Administrator. A. Position Creation, Appointment, and Confirmation. There is herebv created the position of Financial Services Administrator. The Financial Services Administrator shall be filled bv appointment bv the Mavor and confirmation bv a maiority of the City Council. B. Duties. The Financial Services Administrator shall be responsible for providinq administrative, analvtical, and technical support in the areas of new program research and development, special project implementation, and community education; supports economic development efforts of the Citv and serves as liaison with the Municipal Court. The Financial Services Administrator will collaborate with the Finance Director, present lonq term information about citv budqet to elected and appointed officials, media, and citizens on both an individual basis as well as in public meetings as requested. C_ Qualifications. The Financial Services Administrator shall have a Bachelor's deqree in Business/Public Administration, Accountinq, Finance, Political Science or related field, and related experience in the public sector. Section 10. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.13 as follows: Chapter 2.13 COMMUNITY DEVELOPMENT SERVICES Sections: 2.13.010 Creation of Department. 2.13.020 Community Development Director — Appointment and Confirmation 2.13.030 Communitv Development Director — Duties 2.13.040 Communitv Development Director — Qualifications 2.15.010 Creation of Department. There is herebv created a citv department known as the Communitv Development Services Department. The Department shall manage the qeneral fund human services allocations and Communitv Development Block Grant fund. Administer and enforce International Codes for plan review, construction and inspection; and Land use, environmental and nuisance codes. Create Long-ranqe plans and policy work for the Comprehensive Plan, Neiqhborhood plans, Federal Way Revised Code revisions, and Housing and annexation. Administer volunteer and neiqhborhood programs and cultural liaison programs. Accept passport applications. The department will staff the Planninq Commission. Human Services Commission, Diversitv Commission, and Land Use/Transportation Council Committee. 2.15.020 Communitv Development Services Director — Appointment and Confirmation The Community Development Services Director shall be appointed bv the Mayor, subiect to confirmation by a majority of the Citv Council. Ordinance No.10- Page 5 of 14 Rev 7/09 2.15.030 Duties The Communitv Development Services Director shall be responsible for directinq the development and execution of the Citv's comprehensive plan for development includinq qrowth proiections, land use, housinq, environmental sensitivitv, urban desiqn, annexation, and zoninq code modifications: reviewinq and enforcinq Citv development including land use applications, code enforcement, plan review, and buildinq inspection functions; overseeinq human services proqramminq; and supervising planninq, program and other staff. 2.15.040 Qualifications The Communitv Development Services Director shall have the following qualifications with anv combination equivalent to a bachelor's deqree in urban planninq, civil enqineerinq, buildinq technology, business/public administration, or related field increasinqly responsible relevant management experience, includinq siqnificant experience manaqing complex projects and experience in a supervisory capacit�r. Section 11. Chapter 2.15 entitled "Municipal Coiirt" of the Federal Way Revised Code is hereby repealed in its entirety. The provisions have been renumbered under a new Chapter 2.29. Section 12. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.1'7 as follows: Chapter 2.17 FINANCE Sections: 2.17.010 Creation of Department. 2.17.020 Finance Director — Aqqointment and Confirmatio 2.17.030 Finance Director — Duties 2.17.040 Finance Director - Qualifications 2.17.010 Creation of Department. There is herebv created a citv department know as the Finance Department. The Department shall provide accurate financial information from which educated proiections can be made on the financial health of the Citv and decisions made concerninq City operations. Specific financial duties include accounts pavable, accounts receivable, payroll, qeneral accountinq, financial planninq, cash and investment management, cash receiptinq, internal control monitoring, audit, budget preparation, financial analvses, and financial reportinq. The Finance Department shall Administer business licenses; Administer Citv Council's purchasinq policies and staff the Finance, Regional Affairs and Economic Development Council Committee. 2.17.020 Finance Director — Appointment and Confirmation. The Finance Director shall be appointed by the Mavor, subiect to confirmation by a maioritv of the CitY Council. 2.17.030 Finance Director — Duties. The Finance Director shall be responsible for directinq City financial operations includinq accounts pavable, accounts receivable, pavroll, aeneral ledger, fixed assets, grants, auditinq, Ordinance No.10- Page 6 of 14 Rev 7/09 budget performance, project accountinq, cash manaqement, debt administration, and tax and licensinq; providinq financial advice and counsel to City officials and staff; preparinq, publishinq, and presentinq official Citv budqet and financial information; and manaqe financial staff. 2.17.040 Finance Director — Qualifications. The Finance Director shall have a Bachelor's degree in Accounting, Business/public Administration. Finance, or related field and increasinglv responsible relevant manaqement experience. The Director shall also be familiar with Washinqton State local government financial operations. Section 13. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.19 as follows: Chapter 2.19 HUMAN RESOURCES Sections; 2.19.010 Creation of Department. 2.19.020 Human Resources Director — Appointment and Confirmation 2.19.030 Human Resources Director — Duties 2.19.040 Human Resources Director — Qualifications 2.19.050 City Clerk 2.19.010 Creation of Department. There is hereby created a citv department know as the Human Resources Department. The Department shall develop, implement and administer employment policies and procedures for all departments in the city; act as equal employment opportunity officer and administer tk�e equal employment opportunitv proqram for the citV; perform all human resources functions, includinq but not limited to, recruitment; benefit administration, and employee safetv and wellness; direct and assist in the fraininq and professional development of emplovees; conduct investiqations; and represent the city in collective barqaining negotiations. The Department will staff the Civil Service Commission per State law and the Independent Salarv Commission. The Human Resources Department shall supervise the Citv Clerk's Office. 2.19.020 Human Resources Director — Appointment and Confirmation. The Human Resources Director shall be appointed bv the Mavor, subiect to confirmation bv a maioritv of the Citv Council. 2.19.030 Human Resources Director — Duties. The Human Resources Director shall be responsible for directinq and administerinq uniform human resources policies, procedures and programs including Citv-wide recruitment, classification, compensation, benefits, labor relations, traininq and professional development; providing advice, problem mitiqation/resolution, and counsel to Citv officials and staff reqardinq human resource issues; and supervisinq professional and administrative support staff. Ordinance No.10- Page 7 of 14 Rev 7/09 2.19.040 Human Resources Director — Qualifications The Human Resources Director shall have anv combination equivalent to a bachelor's degree in business or public administration, human resources manaqement, psychologv, or a related field, and progressively responsible experience administering human resources functions. 2.19.050 Citv Clerk. A. Appointment and confirmation. The position of Citv Clerk shall be filled bv appointment bv the Mavor and confirmation by a maioritv of the Citv Council. B. Duties. The Citv Clerk shall serve as clerk of the Council, manaqe City's records svstem, administer Public Records Act and policies related to Citv records, maintain and update information about the City, Council, and Council-appointed commissions/committees, prepare and ensure timely publication of public notices, serve as election official. C. Qualifications. The Citv Clerk shall have anv combination equivalent to a Bachelor's degree in information science, library science, archives and records manaqement. business/public administration and actual managerial or operational experiences in entitv-wide records and infarmation manaqement field. Certified Municipal Clerk desiqnation preferred. Section 14. Chapter 2.20 entitled "Hearing Examiner" of the Federal Way Revised Code is hereby repealed in its entirety. The provisions have been renumbered under a ne�� Chapter 295. Section 15. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.21 as follows: Chapter 2.21 INFORMATION TECHNOLOGY DEPARTMENT Sections: 2.17.010 Creation of Department. 2.17.020 Information Technology Director — Appointment and Confirmation 2.17.030 Information Technology Director — Duties 2.17.040 Information Technoloqv Director - Qualifications 2.21.010 Creation of Department. There is herebv created a city department known as the Information Technoloqy Department. The Information Technoloqy Department shall develop, implement, train, support and maintain information technologv svstems to provide support and coordination to strenathen operational efficiencies; improve access to City services throuqh online services and other automated svstems; continue to make information easilv and broadlv available. Service areas include; data processinq hardware and software for operating systems, servers, networks, workstations, and other computinq peripherals; communication svstems includinq telephone/voice mail, cellular phones, radio equipment, wirinq and all other communications-related needs; Geoqraphical Information Svstem (GIS) services includinq developing and maintaininq the Citv's spatial data base, map production, analvzing data, geographic reports, developinq user-friendly interfaces Ordinance No.10- Page 8 of 14 Rev 7/09 for staff and public to the city's GIS; and multimedia services includinq government Access Channel (GAC) svstems, live broadcasts and video streaminq, administer cable TV franchises, respond to citizen concems reqardinq cable services. The Information Technoloqv Department shall maintain the Internet, Intranet, & web; develop and maintain the City's website, e- commerce, online services, maintain securitv and provide access to various local, reqional and national networks and svstems, and train staff; purchase, maintain and administer copiers, scanners and printers: and provide other Citv wide & Interqovernmental support includinq Fire Department and Lakehaven Utilitv staff at Citv Hall; FW School District board meetinqs broadcastinqs; Safe City security svstems, Citv Hall, FWCC and DBC securitv svstems; free Wi- Fi services in downtown core and frame and all Citv facilities and some parks; participate and support reqional/shared services such as Valleycom, SCORE, Vallev Fiber initiative and others as needed. 2.21.020 Information Technoloqy Director — Appointment and Confirmation. The Information Technologv Director shall be appointed bv the Mavor, subject to confirmation bv a malority of the City Councif. �.21.030 Information Technoloqv Director — Duties. The Information Technology Director shall be responsible for directing Citv information technoloqV proqrams and operations includinq developinq strateqic plan standards, policies, and procedures applicable to Citv information processinq and technoloqv: coordinatinq technology planning, needs assessment, troubleshootinq, purchase and implementation of business applications, voice and data communication infrastructure software and hardware; and manaqinq professional and technical staff. 2.21.040 Information Technoloqv Director — Qualifications. The Information Technology Director shall have any combination equivalent to a Master's degree with specialization in Business Administration or Computer Sciences and experience in information technologv services environment and experience as a manaaer or key staff member providing information services. Section 16. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.23 as follows: Chapter 2.23 LAW DEPARTMENT Sections: 2.17.010 Creation of Department. 2.17.020 Citv Attornev — Appointment and Confirmation 2.17.030 Citv Attornev — Duties 2.17.040 Citv Attorney - Qualifications Ordinance No. l D- Page 9 of 14 Rev 7/09 2.23.010 Creation of Department. There is herebv created a citv department known as the Law Department. The Law Department shall be responsible for providinq leqal advice to the City Council, Mavor, Municipal Court, all City Boards and Commissions. Department directors, and staff. The Law Department will represent the Citv in all litiqation and in all courts: draft legal documents such as contracts, resolutions, ordinances, real estate documents, labor aqreements; prosecute all Code violations; attend all City Council meetinqs and all Council Committee meetincts; staff the Ethics Board; prosecute misdemeanors including domestic violence, DUI, theft, assault in all courts; perform the followinq risk manaqement and insurance administration: receive all claims for damages and respond or forward to the insurance carrier; receive all lawsuits, notify the insurance carrier, and assiqn to city attorney; coordinate claims of damaqe to City propertv and process for restitution or subroqation; maintain current inventorv of insured propertv to ensure insurance coverage. 2.23.020 Citv Attornev — Appointment and Confirmation. There is herebv ereated the position of Citv Attornev. The City Attorney shall be appointed bv the Mavor, subiect to confirmation by a majority of the CitV Council. 2.23.030 City Attorney — Duties. The Citv Attorney shall be responsible for directing and coordinating comprehensive leqal services for the Citv; providinq counsel to the Citv Manaqer, Council, staff, committees and commissions; supervising professional and administrative support legal staff; providinq leqal advice to quide City policies, decisions and activities; representinq the City and directinq the representation of the Citv at various court levels and tribunals in criminal and civil litiqation and in administrative hearinqs; draftin and interpretinq Citv ordinances and resolutions; and negotiatinq real property acquisitions. 2.23.040 City Attorney — Qualifications. ' The Citv Attornev shall have anv combination equivalent to a law deqree with admission to practice law in the State of Washington and comprehensive municipal experience in criminal and civi{ matters including increasinqlv responsible leqal manaqement and administrative duties. Section 17. The Section list of Chapter 2.25 of the Federal Way Revised Code is hereby amended to read as follows: POLICE DEPARTMENT Sections: 2.25.010 ��'^��,iCreation of Department 2.25.020 Police Chief— Appointment and Confirmation 2.25.030 � Police Chief — Duties 2.25.040 e.,.,,,;�+,,,o„+ „f ne�„+„ �h:of nf Dnli � c Police Chief - Qualifications � �� --!�^�T2�'�2� '� '��.�� C�i�FFxFFSi'al(�v^�rrFc2FS� Ordinance No.10- Page 10 of 14 Rev 7/09 Section 18. Section 2.25.010 of the Federal Way Revised Code is hereby amended as follows: 2.25.010 �c+�h':��.^ of Department. There is ��+�G -h'��. herebv created a city department known as the Federal Way police department ("department"), whose duties and responsibilities shall include: enforce criminal laws and civil infractions; investigate crimes and refer for prosecution, educate the community on enforcement practices and crime prevention, work collaboratively to identify crime trends and implement solutions to reduce crime, provide proactive services and securitv to communitv, participate in the local, state, and federal criminal iustice and national security svstems, administer Animal Services, including licensing. , nlcn mo�n �ho Cardor�l \Al��i r��lino rJor»r#mon� Section 19. Section 225.020 of the Federal Way Revised Code is hereby amended as follows: 2.25.020 Police Chief — Appointment and Confirmation. There is hereby created the position of Police Chief. The mayor shall appoint a chief of police, subject to confirmation by a maiority of the Citv Council. The position of chief of police shall be exempt from the civil service system. Section 20. Section 2.25.030 of the Federal Way Revised Code is hereby amended as follows: 2.25.030 Police Chief - Duties The Police Chief shall be responsible for directinq the Citv's community-oriented policinq organization includinq facilitating citizen and business involvement; assuring the prevention of crime and protection of property and life through the enforcement of State, County, and municipal laws and ordinances; providinq advice and counsel to City officials reqardinq law enforcement; and supervising law enforcement staff. T"° ^;+„ ^^�^�^°r °"^" ^^^^;^' ^^";�f �f r�nli�o Tho nhiof nf nnlino ch�+ll �+n4 ne. }he rJiron4nr nf �hc r�nlii+o r�lor»rFmcn4 �nrl �Icn_er+�+v� he pvTrv� rrTCrvrpvrr �Y� �� r� Ir� �±rJi-li+inn tn #ho i-!� i+icc nf nhiof �f r��lino �hc nhief nf r�nlino hnll norf�rm c� irh rl� ��io � �� . ci�rpvrtvc-cr crrrcr i v m��cr�� i a a ci c J e rJa�inn�}oiJ frnm 4imc 4n 4imo hv +he ni4�i m�r» Ordinance No.10- Page I1 of 14 Rev 7/09 Section 21. Section 2.25.040 of the Federal Way Revised Code is hereby amended as follows: 2.25.040 "^^^�^*�°^* ^�' �'°^��*•• ^��°�' ^�' ^^'�^° Chief - Qualifications « ,� The Police Chief shall have anv combination equivalent to a bachelor's deqree in law enforcement, public administration or related field and ten vears increasinqly responsible and varied administrative experience in a qualified federal, State, countv or municipa{ law enforcement agencv includinq at least five years supervisorv experience. Section 22. Section 2.25.050, 2.25.060, and 2.25.070 of the Federal Way Revised Code are hereby repealed in their entirety. Section 23. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.27 as follows: Chapter 2.27 PUBLIC WORKS/PARKS, RECREATION AND GULTURAL SERVICES DEPARTMENT Sections: 2.17.010 Creation of Department. 2.17.020 Public Works/Parks, Recreation and Cultural Services Director — Appointment and Confirmation 2.17.030 Public Works/Parks Recreation and Cultural Services Director — Duties 2.17.040 Public Works/Parks. Recreation and Cultural Services Director - Qualifications 2.27.010 Creation of Department There is herebv created a citv department known as the Public Works/Parks, Recreation, and Cultural Services Department. Public Works shall participate in regional transportation committees; process development permits and inspect construction; administer traffic planninc� traffic enqineering and traffic control devices; administer the Commute Trip Reduction (CTR) program; administer the Transportation Improvement Plan (TIP); maintain the local street �stems and administer related contracts; manage the Neiqhborhood Traffic Safetv Proqram; oversee all capital transportation and surFace water manaqement proiects administer and provide traininq for emergencv management, includinq the Greater Federal Wav EmerqencY Operations Center; administer all franchises for utilities in rights of wav and solid waste and recycling; administer recycling program; maintain the citv's natural and manmade surface water sYStems; applv for various grants: monitor and enforce compliance of ESA/NPDES; staff the Land Use/Transportation Council Committee (share with Communitv Development Services); and administer the Surface Water Management Proqram and fee schedule. Parks. Recreation, and Cultural Service shall oversee parks capital proiects; administer communitvi center; administer athletic and cultural proqrams; administer Dumas Bay Centre; administer management contract for Knutsen Family Theatre; maintain the arounds and landscapinq of all Ordinance No.10- Page 12 of 14 Rev 7/09 communitv parks; maintain the qrounds and landscaping of neiqhborhood parks; maintain citv facilities such as City Hall, Steel Lake Maintenance Building. Dumas Bav and the Communitv Center; maintain all of the City's open space; staff the Parks. Recreation, Human Services and Public Safety Council Committee. Parks and Recreation Commission and Arts Commission. 2.27.020 Public Works/Parks, Recreation and Cultural Services Director — Appointment and Confirmation. There is hereby created the position of Public Works/Parks, Recreation and Cultural Services Director. The Public Works/Parks, Recreation and Cultural Services Director shall be appointed bv the Mavor, subject to confirmation by a majoritv of the Citv Council. 2.23.030 Public Works/Parks, Recreation and Cultural Services Director — Duties. The Public Works/Parks, Recreation and Cultural Services Director shall be responsible for directinq Citv public works development and maintenance includinct engineerinq, streets, surface water, and utilities; developinct the Citv's capital improvement plans: coordinatinq City public works with other regional jurisdictions, and supervising professional, technical and administrative support staff. The director will also be responsible for directinq the acquisition and development of parks; operatinq, maintaining and developinq comprehensive parks and recreation proqrams, services, and facilities includinq programs for leisure, cultural arts, parks, municipal buildings, special population qroups, and open space; coordinatinq services for residents in need; and supervisinq staff. 2.23.040 Public Works/Parks Recreation and Cultural Services Director — Qualifications. The City Attorney shall have anv combination equivalent ta a bachelor's degree in Civil Engineering, Public Administration, Business Administration, Parks and Recreation Administration or related field and manaqerial experience in a municipal Public Works, or municipal parks, recreation environment. Section 24. Chapters 2.30, 2.35, 2.38, and 2.40 of the Federal Way Revised Code are hereby repealed in their entirety. Provisions of these sections have been renumbered in Chapter 2.05 of the Federal Way Revised Code. Section 25. 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 Ordinance No.10- Page 13 of 14 Rev 7/09 unconstitutional. Section 26. Corrections. The City Clerk and the codifiers of this ardinance 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 27. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 28. Effective Date. This ordinance shall take effect upon the election, qualification and assumption of office under RCW 35A.02.050 of the Mayor under the Mayor- Council form of government. PASSED by the City Council of the City of Federal Way this day of 2010. ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: � PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ord�2010\transition\city departments(2) Ordinance No.10- Page 14 of 14 Rev 7/09 COUNCIL MEETING DATE: July 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� : SUBJECT: CLARIFY THE TIME FRAME FOR COUNCIL ACTION IN CONFIRMING APPOINTIVE POSITIONS POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE AND ADOPT THE PROPOSED ORDINANCE CLARIFYING: (1 � THE TIME FRAME FOR COUNCIL ACTION IN THE CONFIRMATION PROCESS OF APPOINTNE POSITIONS AND (2� THE DEFINTION OF SHORT TERM APPOINTMENTS? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Patricia Richardson i � Ordinance Resolution Attachments: Staff report and proposed ordinance MEETING DATE: ❑ Public Hearing I Other DEPT: Law Options Considered: 1. Approve and adopt proposed ordinance clarifying the time frame for Council action in the confirmation process of appointive positions and clarifying the definition of short term appointments. 2. Modify and adopt proposed ordinance clarifying the time frame for Council action in the confirmation process of appointive positions and clarifying the definition of short term appointments. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: �� P�'�. DIRECTOR APPROVAL: �_ �_ Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE JULY 20 2010: I move to forward the ordinance to a second reading under the consent agenda for enactment after the certification of the elected Mayor in November. 2" READING OF ORDINANCE (CONSENT AGENDA DATE): `7 move approval of the ordinance clari fying the confirmation process for appointive positions and clar�ing the definition of short term appointments. " (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 only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the Confirmation Process of Mayoral Appointments for ldentified Appointive Positions; amending FWRC 2.10.13. (Amending Ordinance Na 10-643) WHEREAS, the City Council of Federal Way adopted Ordinance No. 10-643 establishing the Mayor's authority and the confirmation process in preparation for the change of government to the Mayor-Council form of government; and WHEREAS, in reviewing the language of the confirmation process the City Council desired to modify the language to clarify the time frame for Council action and to define short term appointments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.10.13 is hereby amended to read as follows: 2.10.13 Rules for Appointing Officers. The Department officers and administrators identified by the City Council shall be appointed kq 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 toappoint until the appointee is confirmed. The Mayor shall present information of the proposed appointment seeking confirmation at a regularly scheduled council meeting. Following the Mayor's presentation the Council shall have up to two regularly schedu�d council meetings to act upon the Mayor's appointment, but should the Council fail to act within that period of time, the appointment will be deemed confirmed. The Mayor shall have the ability to mak� short term appointments those for up to six months in duration) without Council confirmation. Authorization of the Citv Council is required for extensions af the short term appointments. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or Ordinance No. 10- Page 1 of 3 Rev 1/10 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. 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 when the elected mayor assumes office pursuant to RCW 35A.02.050 as provided by law. PASSED by the City Council of the City of Federal Way this day of 201 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No. 10- Page 2 of 3 Rev 1/10 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ord\2010\transition\clarify confirm Ordinance No. 10- Page 3 of 3 Rev 1/10