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Council PKT 01-17-2012 RegularCITY OF ,� Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 17, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Business Recycler of the Year b. Mayor's Emerging issues 4. CITIZEN COMMENT PLEASE COMPLETE A P/NK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. P/ease limit your comments to three minutes. The Mayor may intem.�pt comments that exceed three minutes, rielate negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Items listed be/ow 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: January 3, 2012 Special and Regular Meeting ... page 3 b. Arts Commission 2012 Work Plan...page �5 c. "On Call" Electrical Services Bid...page 19 d. Third Amendment for Janitorial Services... 22 e. Parks Commission 2012 Work Plan... 23 6. COUNCIL BUSINESS a. 2012 City Council Committee Appointments... 25 b. Resolution: South Sound Regional Business Incubator (SSRBI) Funding Request...page 27 c. Arts Commission Appointments... 38 d. Independent Salary Commission Appointments 39 The Council may add items and take action on items not listed on the agenda. e. Human Services Commission Appointments...page ao f. Lodging Tax Advisory Committee Appointments...page a� g. Parks and Recreation Commission Appointments...page a2 h. Steel Lake Advisory Committee Appointments...paqe 43 i. 2012 Municipal Stormwater Grant of Regional Significance...page aa j. Collective Bargaining Agreement with Teamsters Parks/Public Works Maintenance Workers ...page 46 k. Collective Bargaining Agreement with Teamsters Municipal Court Clerks ... page 65 I. Arts Commission 2012 Contract for Services 82 7. ORDINANCES First Reading: a. CB #596 Amend FWRC 7.030.101 and 7.030.040 Reaardinca Prohibition of Internal Combustion Enqines on Steel Lake and North Lake ...page sa An ordinance of the City of Federal Way, Washington, relating to boats and watercraft; amending FWRC 7.03.010 and FWRC 7.03.040 Second Reading: b. CB #594 Proposed Amendments Related to Hiqh Profile Siqns... 91 An ordinance of the City of Federal Way, Washington, relating to high profile pylon and pole signs; amending FWRC 19.140.140 c. CB #595 Proposed Amendments Related to Wall Mounted Banner Sians... 109 An ordinance of the Cify of Federal Way, Washington, relating to wall mounted banner signs; amending FWRC 19.140.150, 19.140.130 and 19.05.190(s) d. CB #593 Proposed Amendment to FWRC 9.09 Animal Licensinq and FWRC 19.260 Animal Zoninq Requlations, Reqardinct Reaulation of Cats and Doqs. ...page 1�� An ordinance of the City of Federal Way, Washington, relating to animal services; repealing FWRC 9.09.050, amending FWRC 9.09.040, 19.260.010 and 19.260.020 8. COUNCIL REPORTS 9. MAYOR'S REPORT 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5(a) Sus.�EC'r: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the January 3, 2012 Special and Regular Meetings? COMMITTEE: N/f1 CATEGORY: � Consent ❑ City Council Business � ■ Ordinance Resolution MEETING DATE: N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly, Cit� Clerk DEPT Human Resources Attachments: Draft meeting minutes from the January 3, 2012 Special and Regular Meetings. 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/f1 � DIRECTOR APPROVAL: N/�4 N/�1 Committee Council Committee Counoil COMMITTEE RECOMMENDATION: N/�4 PROPOSED COUNCIL MOTION: " lvtovE APPROV�, 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 (ordittances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # � C Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall January 3, 2012 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:30 pm. Elected officials present: Mayor Skip Priest, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council adjourned to executive session at 5:30 pm to discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b), Potential Litigation pursuant to RCW 42.30.'I 10(1)(i) and Sale of Property pursuant to RCW 42.30.110(1)(c) for approximately one hour. The Council adjourned from executive session at 6:37 pm. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:37 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Courrcil Minutes — January 3, 2012 Special Meeting Page 1 of I CITY OF ,�., Federai Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 3, 20�2 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 pm. Elected officials present: Mayor Skip Priest, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. 2. PLEDGE OF ALLEGIANCE Hope Elder led the Pledge of Allegiance. 3. PRESENTATIONS a. Oath of O�ce for Elected Officials: Bob Celski Dini Duclos Jim Ferrell, Susan Honda Municipal Court Judge David Larson administered Oaths of Office to Councilmember's Bob Celski, Dini Duclos, Jim Ferrell and Susan Honda. Councilmember Celski stated he was overjoyed to be a member of the City Council and takes his oath very seriously. He is looking forward to working towards a brighter future for Federal Way. He thanked his family for their support and encouragement, and thanked the citizens of Federal Way for voting for him. Councilmember Honda stated she is honored to be part of the City Council. She thanked her family for their support and stated she will do her best to serve the citizens of Federal Way. Councilmember Ferrell welcomed Councilmembers Celski and Honda. He thanked his family for their support. He is looking forward to working with the Council for the next four- years. Councilmember Duclos thanked the citizens for voting her to serve on the Council for another term. Since she has retired from the Multi-Service Center she will be taking on additional responsibilities for the Council. b. Election of Deputv Mavor and Oath of Office Mayor Priest reviewed the election procedure for Deputy Mayor and called for nominations for Deputy Mayor. Councilmember Freeman nominated Councilmember City Council Minutes — January 3, 2012 Regular Meeting Page 1 of 10 Ferrell for Deputy Mayor. Hearing no additional nominations, Mayor Priest asked for a motion to close the nominations. MOTION: Councilmember Duclos moved to close the nominations for Deputy Mayor. Councilmember Kochmar second. VOTE: Councilmember Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. MOTION: Councilmember Duclos moved to direct the City Clerk to cast a unanimous vote for Councilmember Ferrell to serve as Deputy Mayor for the �rm of 2012-2013. Councilmember Freeman second. VOTE: Councilmember Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. City Clerk McNeilly administered the oath of office to Deputy Mayor Ferrell. c. Recoqnition of Outctoinq Deputv Mavor Deputy Mayor Ferrell presented outgoing Deputy Mayor Dini Duclos with a plaque for her two-years of service as Deputy Mayor. d. Performance bv Jet Citv Chorus Jet City Chorus perFormed the Star Spangled Banner. RECEPTION HONORING ELECTED OFFICIALS The Council recessed at 7:25 pm to attend a reception honoring the newly elected Councilmember's and Deputy Mayor. The Council reconvened at 7:45 pm. e. Proclamation: Jet Citv Chorus Councilmember Burbidge stated that Jet City Chorus has been singing in and around Federal Way since 1962 and they are here with us tonight to celebrate their 50�' anniversary. Jet City Chorus is the Federal Way Chapter of the Sweet Adeline's International, one of the world's largest singing organizations forwomen. Councilmember Burbidge read a proclamation into the record declaring January to be Sweet Adeline's International Month and presented it to the Jet City Chorus member Phyllis Domingo. City Council Minutes — January 3, 2012 Regular Meeting Page 2 of IO f. Volunteer Spotlight: Communities in Schools Mayor Priest stated Communities in Schools (CIS) was the focus of this month's Volunteer Spotlight. The organization places outreach coordinators in schools and works with volunteers to provide one-on—one mentoring for at-risk youth. The program is helping kids stay in school and reach academic success. Mayor Priest read a proclamation into the record declaring January as Mentoring Month in the City of Federal Way and presented it to Tracy Oster, CIS Executive Director, Pete Gonzales, Board President and Volunteer Mentor Brett Hulse. Members of the program thanked the Council for the recognition and spoke to the positive impacts their program has had on the students and volunteers. g. Mavor's Emerqinq Issues Mayor Priest stated there were no emerging issues. 4. CITIZEN COMMENT Lee Landrud of Occupy Federal Way, spoke in support of helping people and making changes in the community. Libbv Bennett of Occupy Federal Way, shared her concerns with the current economy. She stated Occupy Federal Way is looking for change and they want to educate the community. Bettv Tavlor asked for clarification on the Council rule that stated a group can speak for five minutes. She spoke in support of extending the public comment period from three to five minutes. Keith Tvler spoke in support of Occupy Federal Way. He asked Council to listen fo their message. Norma Blanchard asked the Council to consider the implementation of term limits. Clara McArthur congratulated the new Councilmember's and thanked the citizens forvoting for new members. 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 forapproval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: December 6, 2011 Special and Regular Meeting b. West Hylebos Creek Culvert Replacement/ Removal and Flood Control Improvements- Project Acceptance and Retainage Release c. WA Traffic Safety Commission Grant MOU 2011/2012 -$10,837.50 d. WA Traffic Safety Commission Grant MOU 2011/2012 -$8,200.00 e. Renewal of Jail Services Gontracts MOTION: Deputy Mayor Ferrell moved approval of items 5a through 5e. Councilmember Freeman second. VOTE: City Councid Minutes — January 3, 2012 Regular Meeting Page 3 of IO Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Counciimember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 7-0. 6. COUNCIL BUSINESS Yes Yes Yes Yes Yes Yes Yes a. Lodainq Tax Advisorv Committee's Event Fundinq Recommendation for 2012 Community and Economic Development Director Patrick Doherty stated at their December 12, 2011 meeting the Lodging Tax Advisory Committee reviewed funding requests forfinro events — a Buds and Blooms Festival and a Slavic Heritage Festival. The funding request for the 2012 Buds and Blooms is $36k. The Council has already approved $30k for this event. The Lodging Tax Advisory Committee is recommending funding for the additional $6k for Buds and Blooms. The funding request for the 2012 Slavic Heritage Festival is $25K. During the 2011 Tourism Enhancement Grant cycle, the festival was awarded $3,000 and asked to retum to the Committee with a more detailed budget in order to be considered for a larger financial commitment from the 2012 budget. The Lodging Tax Advisory Committee is recommending funding the Slavic Heritage Festival $22k. MOTION: Councilmember Burbidge moved to revise the 2012 LTAC work program and budget to include the following: an additional $6k for the Buds and Blooms Festival and $22k for the Slavic Heritage Festival. Councilmember Kochmar second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 7-0. Yes Yes Yes Yes Yes Yes Yes b. Tourism Enhancement Grant Clarification — Historical Societv Mayor Priest stated that at their December 6, 2011 meeting the Council approved the Tourism Enhancement Grants for several entities. The amounts allocated for the Federal Way Historical Society was $1,000. However, the Finance, Economic Development and Regional Affairs Council Committee approved the funding request for the Historical Society at $2,500 at their November 22, 2011 meeting. This is a housekeeping issue to correct the funding amount to $2,500. MOTION: Councilmember Burbidge moved approval of a Tourism Enhancement Grant �ward in the amount of $2,500 to the Federal Way Historical Society for development of a historic-attractions brochure. Councilmember Duclos second. City Council Minutes — January 3, 2012 Regular Meeting Page 4 of 10 VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 7-0. c. Vouchers Yes Yes Yes Yes Yes Yes Yes Mayor Priest reported the monthly vouchers are normally addressed by the Finance, Economic Development and Regional Affairs Council Committee. With the cancellation of their December 27, 2011 meeting the vouchers are coming before Council under Council Business for approval. Finance Director Tho Kraus reviewed the vouchers for the period of November 30, 2011 through December 15, 2011. 378 vouchers were issues totaling $2,920,107.40, ptus a Federal Way Community Center debt service payment of $622,556.26 was issued. MOTION: Councilmember Burbidge moved approval of the vouchers. Councilmember Kochmar second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 7-0: Yes Yes Yes Yes Yes Yes Yes d. Monthlv Financial Report — November 2011 Mayor Priest stated the monthly financial report normally goes before the Finance, Economic Development and Regional Affairs Committee for review. However, with the cancellation of their December 27, 2011 meeting the monthly financial report is coming before Council under Council Business for approvaL Finance Director Tho Kraus reviewed the monthly financial report for November 2011. Results for November are similar to previous months' reports. This financial report does not include the mid-biennium budget adjustments that were approved by Council in December 2011. Revenues total $39.5M, up $834K. Expenditures total $38.5M, down $3.4M. In the General and Street Fund Revenues, property tax is up $122K, Sales Tax is up $43K, Criminal Justice Sales Tax is up $148K; Inter-governmental is up $447k, Gambling Tax is up $260K and Parks/General Recreation is up $76k. Building Permits & Fees are down $154K, Right-of-Way Permits and Development Fees are down $13k, Court Revenues are down $60k and Police Services/Animal Licenses are down $81 K. All departments are showing savings, however, some savings will be taken as a result of the recently approved mid-biennium adjustments, and some will be requested to be carried forward for projects that were approved but not completed in 2011. Property tax collections through November 2011 total $9,616K; the year-end estimate is $9,697K. The City received $853K for November's distribution. This is $72K less than City Council Minutes — January 3, 2012 Regular Meeting Page 5 of 10 November 2010 and budget estimated due to the State taking back $78K or an overpayment error made in July 2011. Utility Tax collections through November total $11.52M. Real Estate Excise Tax collections through November total $1,475K. Red Light Photo collections through November total $852K which exceeds the current annual budget by $22K. For the Federal Way Community Center, revenues are up $66k and expenditures are down $30K. MOTION: Councilmember Burbidge moved approval of the November 2011 Financial Report. Deputy Mayor Ferrell second. VOTE: Deputy Mayor Councilmember Kochmar Councilmember Honda Councilmember Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 7-0. Yes Yes Yes Yes Yes Yes Yes e. Proqosed Collective Barqaininq Apreement with Police Support Services City Attorney Pat Richardson reported the collective bargaining agreementwith the Police Services Support Association expired on December 31, 2010: The parties have been in negotiation this year and have reached a tentative agreement. Key points in the agreement are: change in healthcare insurance providers, an increase in the number of holiday hours in the bank, a one-time 8 hour holiday bank to settle the contract, no wage. increases for 2011 or 2012, and withdrawal of the pending unfair labor practice. MOTION: Councilmember Burbidge moved to approve the memorandum of understanding with the Police Support Services Association. Deputy Mayor Ferrell second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 7-0. Yes Yes Yes Yes Yes Yes Yes f. Purchase and Sale Aqreement (former AMC Theatre site) / Crvstal Wav LLC. Community and Economic Development Director Patrick Doherty stated the Council approved a Purchase and Sale Agreement with Arcadd tnc. for the former AMC Theatre site. The agreement has a closing date of January 6, 2012. Arcadd Inc. is currently in the process of finalizing financing for the proposed mixed-use project and is requesting an extension to the closing date. The extension request for the execution of the agreement is January 27, 2012 and deposit of earnest money would be required, with closing on the purchase of the property extended to April 2, 2012. Mr. Doherty introduced Dr. Hisham Ashkouri who stated they have continued to work on the design of this project. Funding has been approved and they are waiting on the finalization of paperwork. MOTION: Councilmember Kochmar moved to amend the Purchase and Sale Ciry Council Minutes — January 3, 2012 Regular Meeting Page 6 of 10 Agreement for the former AMC Theatre site to provide that the earnest money of $150k and execution of the agreement will occur on or before January 27, 2012 and to provide that the closing will occur on or before April 2, 2012. Councilmember Burbidge second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. 7. ORDINANCES First Reading: a. CB #594 Proposed Amendments Related to Hiqh Profile Siqns An orclinance of the City of Federal Way, Washington, relating to high profile pylon and pole signs; amending FWRC 19.140.140 Contract Planner Jim Harris reviewed the criteria for high profile signs. Requirements are a minimum of a 15 acre site, minimum 250 linear feet of frontage on one right-of-way and must be zoned CC-C, CC-F BC or CE. If a site has an additional 500 feet of right-of-way frontage for a total of at least 750 feet, they are eligible for a second high profile sign. The proposed amendment to FWRC 19.140.140 would allow an additional (third) high profile pole or pylon sign for multi-tenant sites over 15 acres in size and with more than 2,000 linear feet of frontage on a right-of way. As proposed, high profile pylon or pole signs must be separated by a minimum of 250 linear feet along the right-of-way from another high profile pylon or pole sign. If the proposed amendment is approved, three sites would qualify for a third high profile sign. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the January 17, 2012 Council meeting for second reading and enactment. Councilmember Duclos second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. b. CB #595 Proposed Amendments Related to Wall Mounted Banners An ordinance of the City of Federal Way, Washington, relating to wall mounted banner signs, amending FWRC 19.140.150, 19.140.130 and 19.05.190(s). City Council Minutes — January 3, 2012 Regular Meeting Page 7 of 10 Contract Planner Jim Harris stated the current code does not specifically allow a banner as an approved building mounted sign type. However, banners are atlowed on a temporary basis for special event signs. The proposed amendments to FWRC 19.140 "Signs" would amend the sign regulations to allow the use of firmly affixed wall-mounted banners as an approved sign type in non-residential zones. It would also modify the definition of banner. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the January 17, 2012 City Council meeting for second reading and enactment Deputy Mayor Ferrell second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. c. CB #593 Proposed Amendment to FWRC 9.09 Animal Licensinct and FWRC 19.260 Animal Zonin� Requlations, Reqardinq Requlation of Cats and Doqs. An ordinance of the City of Federal Way, Washington, relating to animal services; repealing FWRC 9.09.050, amending FWRC 9.09.040, 19.260.010 and 19.260A20. City Attorney Pat Richardson stated that the Federal Way Revised Code (FWRC) currently has zoning code requirements that conflict with the issuance of hobby licenses as outlined in FWRC Chapter 9.09. The proposed ordinance amends the impacted chapters of the FWRC to provide consistency and designates Title 9 as the sole source of regulations for cats and dogs within the City. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Burbidge moved to forward the ordinance to the January 17, 2012 Council meeting for second reading and enactment. Councilmember Duclos second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Second Reading d. CB #590 Proposed Amendments to SEPA Exemptions in Critical Areas City Council Minutes — January 3, 2012 Regular Meeting Page 8 of 10 An ordinance of the City of Federal Way, Washington, relating to SEPA Exemptions in Critical Areas; amending FWRC 14.30.030 and 14.30.040 Mayor Priest stated at the December 6, 2011 meeting the Council moved the ordinance to second reading and enactment as the State would not recognize actions taken before December 19, 2011. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved approval of the ordinance. Deputy Mayor Ferrell second. VOTE: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Ordinance 12-711 8. COUNCIL REPORTS Deputy Mayor Ferrell thanked Councilmember Duclos for her service as Deputy Mayor the past two years. He reported that he will be attending an upcoming Suburban Cities Association meeting on Emergency Management. Councilmember Duclos stated she will be serving on the Suburban Cities Association Board. Councilmember Freeman welcomed Councilmember's Celski and Honda. He announced the � Martin Luther King Jr. Celebration will be January 14, 2012 at Our Saviors Baptist Church from 5pm to 7pm. Councilmember Celski stated that he is honored to be working with Mayor Priest and his fellow Councilmembers. Councilmember Burbidge welcomed Councilmember's Celski and Honda. She reported the next PRHSPSC meeting is January 10, 2012. She noted the City is currentty offering Styrofoam recycling through January 13, 2012. Councilmember Honda reported on the upcoming Diversity Commission food drive. She thanked Betty Simpson-Opstad for her service on the Arts Commission and added the City is accepting applications from individuals interested in serving on the Arts Commission. Councilmember Kochmar welcomed Councilmember Honda and Celski. She reported the next LUTC meeting is January 9, 2012. January 18, 2012 will be a Chamber of Commerce meeting which will include a State of the Schools address. 9. MAYOR'S REPORT Mayor Priest had no report. City Council Minutes — January 3, 2012 Regudar Meeting Page 9 of 10 10. EXECUTIVE SESSION The Council did not adjourn to executive session. . . canceled . . ' canceled . . canceled 11. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 9:47 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — January 3, 2012 Regular Meeting Page 10 of IO COUNCIL MEETING DATE: January 17, 2012 ITEM #:�� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2012 WORK PLAN POLICY QUESTION Should the City Council approve the Arts Commission 2012 Work Plan? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business MEETING DATE Jan. 10 , 2012 ❑ Public Hearing ❑ Other ❑ Ordinance ❑ Resolution STAFF REPORT BY: John Hutton, Recreation Su ervisor DEPT PRCS P ..................................................... ..................................................................................................................................._....................._...__....._.............................._._................._._..... Annually the Arts Commission schedules a retreat to review the current Work Plan and develop the plan for the upcoming year. The Work Plan outlines the projects, programs and associated funding for the year. In 2012, the Arts Commission will focus on updating the Cultural Plan, improving public relations-press, newsletters and web information, and partner with the Rhododendron Species Garden to promote local arts groups. Attachments: 1. Proposed 2012 Arts Commission Work Plan 2. 2012 Arts Commission Budget Options Considered: 1. Approve the proposed Arts Commission 2012 Work Plan 2. Do not approve the proposed Arts Commission 2012 Work Plan and provide direction to staff MAYOR'S RECOMMENDATION Option 1— Approve the Proposed Arts Commission 2012 Work Plan MAYOR APPROVAL: /�� f' DIRECTOR APPROVAL: �(�� Committee Council Committee Council COMMITTEE RECONIMENDATION I move to forward the Arts Commission 2012 on January 17, 2012 consent agenda for approval. /'� ` J Committee Chair Committee Member Work Plan to the fudl Council Committee Member COUNCIL MOTION "I move approval of the Arts Commission 2012 Work Plan ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # Art�s Commi�sion 2012 WORK PLAN M/sslon Statement.• The char e of the Federal Wa Arts Commission is to develop a communit where cultural herita e is valued and the Arts are alive! Committee/Project Summary/Objectives Commission Tasks Who When Status Public Art Committee 1. Maintain City Hall and Knutzen Family Theatre 1. a. Distribute gallery applications, July-Nov Exhibits and Caf� Tables Display at FWCC. select artists, install exhibits. Committee Chair: b. Submit artisUexhibit information to On-going press-request artists provide digital photos of their work for promotional purposes. c. Increase DBC alle to 5 exhibits. On- oin 2. Partner with the Court to offer a student Art 2. a. Assist w/development of criteria for Jan-March Show. entry and selection. Assist w/ distribution of marketing materials. b. Assist w/Jury of entries. March-June 3. Sponsor Arts Alive in the Arts Juried Art Show. 3. Re-format the Arts Alive Exhibition and Reception. 4. Manage 2% for Art Program. 4. a. Develop an on-going maintenance Jan-March program for the permanent collection. b. Review 2% for Art Ordinance and Sept-Nov. upcoming project eligibility. 5. Commission artwork for the Federal Way 5. a. Finalize budget, RFP for artwork March-July Community Center curved wall. review submittals, select artist b. Contract w/Artist, Installation 6. Sculpture Garden 6. Work with Staff to vote on sculptures to rotate in every 6 months. Cultural Outreach 1. Publish bi-annual Arts Commission Newsletter 1. a. Collect information, write copy, Feb. & Aug. Committee Newsletter, distribute in community. b. Redesign newsletter. Jan-Feb. Committee Chair: 2• Promote on-going Arts Commission programs 2. Write press releases, establish media On-going relationships. 3. Develop a relationship/visibility w/business 3. Organize chamber attendance, On-going community. distribute promotional materials. 4. Develop intemet websites. 4. a. Update city arts commission On-going webpage. 5. Actively search for grant funding 5. Commission will assign 2 members to On-going begin research, and report back in Februa 6. Partner with School District, Fire Dept., Library, 6. Commission will assign 2 members to On-going Kiwanis, and other agencies as art is brought to begin outreach. Assess desire to Federal Wa dis la artwork in ublic areas Programs Committee 1. Devefop Cultural Arts Opportunities at RWBF. 1. a. Organize artists in action and arts Feb.-July activities and interactive dance areas. b. Explore possible collaboration Committee Chair: w/Diversity Commission. c. S onsor erformance sta e 2. Manage Contract For Services Program 2. Provide a workshop for applicants to Sept.-Oct. clarify application. 3. Sponsor Outdoor Summer Concert Series 3. Sponsor Summer Sounds on Beach July-Aug. 4. Partner with the Rhododendron Garden for 4. a. 1 nighUweekend event. Start event. b. Work with artists to set up discussion photograph or sculpture gallery for duration of event. 5. Steel Lake Park 70 Anniversary 5. assign members to conta�t the Planning Historical Society and discuss their Jan-July desire to commemorate the anniversary Implement of the ark. Au or Se t. Special Projects 1. New Member Orientation 1. a. Host orientation session Jan.-Feb. b. Assign AC mentors to each new Commissioner 2. Cultural Plan Update 2. a. Develop and submit RFP, select June-Sept. consultants b. Assist w/plan development Oct. April c. Commission/Council Approval of May Plan 3. Participate in Performing Arts Center 3. Attend PAC meetings and other On-Going Committee Meetings in the feasibility work for a scheduled work of the PAC group. new erformance Center. Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare monthly minutes for commission meeting; coordinate new commissioner orientation and annual retreat; assist the commission w/development of marketing materials; maintain website; contract management; assist the Arts Commission Chair with development of bi-annual budget. K:/artscom/retwkpin/2012WorkPlan Arts Commission Budget 2012 k:/artscom/budgeU2012 Proposed COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: "ON CALL" ELECTRICAL SERVICES BID POLICY QUESTION Should the City accept an"on call" Electrical Services bid and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DA'rE:1an 10, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY Jason Gerwen, Parks & Facilities Su ervisor DEPT: PRCS .......................................................�.................................................................................._..._................._...._..._................................_...........__ _____�..�................_._......................_ Attachments: December 29`" memo and Quote sheet Options Considered: 1. Authorize a bid award for "on call" Electrical Services in the amount of $60,000 to JGM Technical Services and authorize the Mayor to execute said agreement. 2. Do not authorize a bid award for "on call" Electrical Services to JGM Technical Services and provide direction to staff. � MAYOR'S RECOMMENDATION Option #1: Authorize a bid award for "on call Electrical Services in the amount of $60,000 to JGM Technical Services and authorize the Mayor to execute said agreement. MAYOR APPROVAL: DIRECTOR APPROVAL: �_ �� Comm e C� Committee Council COMMITTEE RECOMMENDATION I move to forward the authorization of a bid award for "on call " Edectrical Services in the amount of $60, 000 to JGM Technical Services to the fudl Council January 17, 2012 consent agenda for approval. _� Committee Chair � • � Committee Member Committee Member J PROPOSED COUNCIL MOTION: "I move approval o authorizing a bid award for "on call " Electrical Services in the amount of $60, 000 to JGM Technical Services and authorize the Mayor to execute said agreement " (BELOW TO BE COMPLETED BY C1TY CLERXS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # ` CITY OF ,� Federal Way Parks and Facilities Division Date: January 3, 2012 To: PRHSPS Council Committee From: Stephen Ikerd, Parks 8� Facilities Manager Jason Gerwen, Parks & Facilities Supervisor Via: Mayor Skip Priest ',,,,� Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. �j�r� Subject: "On Call" Electrical Services Bids Background: Staff recently sent out invitations for competitive bids to 12 companies listed on the Municipal Research and Service Center (MRSC) roster, but only one company responded. The bid from JGM Technical Services was responsive to the request and this company has provided quality services to the City in the past. Staff recommends accepting their bid and awarding them a 3 year contract for "on call" Electrical Services in the amount of $60,000. The City has successfully used "On Call" Electrical Services since the 1990's for routine maintenance and repairs. By City policy we must re-bid this type of service every six years, which is why we solicited new bids. Work performed by contract will be invoiced at the submitted bid rates. Following are the companies registered on the MRSC roster that we sent an invitation to bid to: Amaya Electric, AVElectric Inc, Custom Electric, Elite Electric, Expert Electric, Fletcher Electric, JGM Technical Services, Lazer Electric, Linder Electric, MacDonald-Miller, Totem Electric and Veca Electric. Contract award recommendation: JGM Technical Services Budget: $20,000 allocated per year in Council approved line item budgets. $20,000 per year x 3 year contract =$60,000 proposed contract amount. �ETY OF �'ederal Vi�dy uaa call" Electrical Bervices - Quate Sheet �;��25 r�� .� � ��:�_6�� - �a�pamy aaxuc; ,3GM'Cect�nical Seivi�es, Inc. Bi�natnre: Afldress 4?42 42^�t Ave Sl�J # i69 Cit+P�State: Seattle, V1TA. Zip: 98l lfi T�lephoae- 206-245-$4$5 �_snail: infc�Cu��mter.hnicalservices.com PR�JECT SUMMARY: Federa! Way Pafk DeparEm�nt is reques�ir►g quo#es far `an ca�l" Etectrical Services: 1. Electrice# services shall incfude but not be limited to: repairs, maintenanee. traub(e si�ootinc�, reipiacement of; fixt�res, baliast, breakers, anr� other camponents. 2. Can#rador and empioyees shatl be skilled and able to per#arm fi�cture repairs and bu#b renlacements an a variefy of lighti�g poies, io7cluding up to 100' sports field lighting art turf fields. 3. Contractor p�avided m�lerials wil! be marked up at an agreed upon percentage rate above whoissaie. 4. Gity reserves �he right to soiicit quotes on electr�cai repai►s that may exceed $4000 l.00ATIONS: All CitY of Federal Facitities within tlae City limiis. QUOTES: Please subroit the following ra�es whrc�a wil# be tFte basis for invoicing eiectrica! sen+ices work. Rates shou�d account for a 3 year coMract period; based upon prevailin,q waqes. Hav_�1ylrwme,.y_man_��i_rate: Pro�ects up #0 8 hrsldav- $80.Qfllh� Saturday hourly rate �80.(?Ofir Haur��! appre��frce bict rate: Projects uo #a 8 hrslday S50.00lhr Sakurday hour�y ra�e $50.00Thr 4T rate over 8�rs- $�i24_00l�hr Sunday houtty rate $SO.ODIhr dT rate bver 8hrs 575.0(J/hr Sunday hourly xafe $5�.00/hr �c�ui�ment rafe�b�.. �} / � r /, *,�'!5' to 4(I' persannei iift $___ _t� a� _. Per day ��_._ 1�_�`'� �� per week � � �me� . �41' to � 10' aersonne! 1i#t ��_, ner day $�� 'X?'�_._..___ per week Materials charged af 35% rr�aHc up above wholes�te cast. �mergency response time: 2-4 hrs 4-6 hrs�,, 6-8 hrs 24+ hrs (check #he ane your eomparty wiEl cammit to under contrac2) ocner_ M�t,�,� v/� 9�v 4l�� t� t LL_ ,?,� �"a 8�/`� �" .�'�' ��'1� �t�Lp�,�ti�':' SELECTION CRiTER1A: Responsiveness ta quotY - 25%, Abitit� ant� r�istot�+ to rorrapiete thi:s ttrpe cr�ntract - 2S%. Price - 50a/o All quotes must be received no later than 2:t�13 PM Ltecember 28, 2i�11. Questions may b� referred to Steve Ikerd at �253)83S-b9 t 1 or Jason Gerwe�z at (253) 835-6962. I'Tease rtiurn fa�ced 4uo"tes to: f253i 83�-ZSCC� ur c-ztZ�il yaz�t�s kt� 3ws 1,t��i�A_ C,��t�_k�ft��i �t�Tec�t.?� zi�,��:zl�.t.*.��;� COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY ITEM #:� CITY COUNCIL AGENDA BILL SUBJECT: THIRD AMENDMENT FOR JANITORIAL SERVICES POLICY QUESTION Should the Council authorize a third amendment to a janitorial contract with Seattle Best Services of America, Inc (SBS)? COMMITTEE: PRHSPS CATEGORY: � Consent ❑ City Council Business ■ � � Ordinance Resolution MEETING DATE: Jan 1 O, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Jason Gerwen, Parks & Facilities Su ervisor DEP't': PRCS _. ............................................................................... . .................. . . . _ .........................................._........_........__.................................................. �................................................�.................................................._......_......................_._.........................................................._....._...................._.........._........---�. Background: For 4 yrs, SBS has successfully performed janitorial services at 3 City Facilities: City Hall, Police building & Steel Lake Maintenance Facility. By mutual agreement we seek authorization to extend their service contract for an additional two years with an 8% increase to cover prevailing wage rate increases. The previous annual cost was $48,000 per year and the new cost will be $51,840 per year. Amendment summary: $117,826 – total current Council approved operations line item budget for 2 years. -103,680 – total amount for a 2 year extension. (2012 -2013) $14,146 – balance remaining in the line item for cleaning of carpets, chairs, windows, etc by other vendors. Contract summary: $227,095.72 – original contract amount plus 2 previous amendments (2008-2011) +103,680.00 – recommended amount of this third and final amendment. (will re-bid after this amendment expires) $303,776.00 – total6 year amount not to exceed. Attachments: None Options Considered: #1 Authorize the third amendment #2.Do not authorize third amendment and give direcrion. _ ........................................_..............._........................................................................................................................................................................._..._..............._........_..........................................................................................._.._................................_._.......................................................__....-----..._.—_.._......__...... MAYOR'S RECOMMENDATION Option # 1; authorize the third amendment for an additional2 year contract and increase the compensation by $103,680.00. MAYOR APPROVAL: ��7�L�� i� DIRECTOR APPROVAL: dl m� Counci Committee Council COMMITTEE RECOMMENDATION I move to forward the third amendment for an additional 2 year contract and increase the compensation by $103, 680. 00 to the full Council January 17, 2012 consent agenda for approval. Committee mmittee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the third amendment for an additional 2 year contract and to increase the compensation by $103, 680.00 and authorize the Mayor to execute said amendment" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTIOPI: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT resding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: PARKS COMMISSION 2012 WORK PLAN POLICY QUESTION Should the Council approve the Parks Commission 2012 Work Plan? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: Jan 10, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Jason Gerwen, Parks & Facilities Su ervisor DEPT PRCS ..................................................................._ .......�...................................................................................................................................... ...............P..............................._............................................................._......_....._............................_..._............._...___......_._.......----......_........_..._.........._...____. Background: The Parks Commission discussed their 2012 Work Plan during the December 1, 2011 and January 5�' Commission meetings and voted to forward to Mayor Priest and Council their proposed work plan for approval. Attachments: Park Commission 2012 Work Plan Options Considered: #1- Approved the proposed Parks Commission 2012 Work Plan. #2- Do not approve the proposed Parks Commission 2012 Work Plan, and provide direction to staff. MAYOR'S RECOMMENDATION Option #1; Approval of the proposed Parks Commiss 2012 Work Plan. MAYORAPPROVAL: �/�d��iy�O � DIRECTOR PPROVAL: � C�""" t Co iT ��ttee Coun il Committee Council COMMITTEE RECOMMENDATION I move to forward the 2012 Parks Commission Work Pdan to the fudd Councid January 17, 201�'�consent agenda for approval. Committee Chair � C nmi ee Member Committee Member COUNCIL MOTION "I move approval of the Parks Commission 2012 Work Plan " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Eaactment reading ❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # GTY OF � rks Co�nm�ssio� , ��,,..., Federal Way �o� 21NorC� Pta�n Project Summary/Objectives Commission Tasks When Status Park Plan U ate the 2006 Park Plan Work with staff to make suggestions for an 1 gt - 2nd � updated 6 year Park Plan. qtr. Trail 8� Pedestrian access Review Huitt-Zollars study and make Identify and recommend route(s) for future 1 - 2nd improvements recommendations. development, from the Huiltt-Zollars study. qtr. Panther Lake Study Review Huitt-Zollars study and make Identify and make recommendations for future 1�� - 2nd recommendations development, from the Huiltt-Zollars study. q 1. Review decision matrix Installation of playground equipment in �$c _ 3 �a Annual Playground existing parks appropriate for the 2. Work with staff on an improvement plan equipment replacement neighbofiood. for the Steel Lake Funland. qtr. 1. Identify and sponsor scheduled volunteer's activities Hold volunteer events in City Parks in 2 �d _ g ro 2012 Volunteer Events conjunction with Earth/Arbor Day in 2. Recruit volunteers qtr. April 3. Volunteer at events COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�Q SUBJECT: 2012 COUNCIL COMMITTEE APPOINTMENTS POLICY QUESTION To which Council Committees should the Councilmembers be assigned for 2012? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill City Clerk DEPT Human Resources .__.._.�_..-�---....._...----........._.._...__...._.._....__�.�....__ Yz_..._...._.... _.___.�..�.�_..........�.___.�...._.._ ____...... ___.._.__......__-__.._.�.�.---� __...__._—..._.�_ _._._u � Per Section 20 of the Council Rules of Procedure, the Deputy Mayor makes Council Committee assignments in January of each year. Membership to the Land Use/Transportation Committee (LUTC), Finance/Economic Development/Regional Affairs Committee (FEDRAC) and the Parks/Recreation/Human Services Committee (PRHSPSC) will consist of three Councilmembers. Membership to the Lodging Tax Advisory Committee (LTAC) will consist of one Councilmember. Appointments are far one-year. Attachments: Draft 2012 Council Committee Appointments Options Considered:. l. Approve the draft Council Committee Appointments as presented 2. Amend the draft Council Committee Appointments MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A N/A DIRECTOR APPROVAL N/A Committee Council Committee Council PROPOSED COUNCIL MOTION: " move approval of option " (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 — 08/12/2010 RESOLUTION # tITY OP ,'�..., Federal Way � ' • i �� . �� Appointments & Meeting Dates FINANCE� ECONOMIC DEVELOPMENT & REGIONAL AFFAIRS COMMITTEE (FEDRA� Members: Dini Duclos, Chair Meets: 4 at 5:30 p.m. Bob Celski Hylebos Conference Room Roger Freeman Staff: Bryant Enge/Steve Cain LAND USE S� TRANSPORTATION COMMITTEE (LUTC� Members: Bob Celski, Chair Meets: l & 3� Mondays at 6:00 p.m. 7eanne Burbidge Council Chambers Susan Honda Staff: Cary Roe/Darlene LeMaster PARKS� RECREATION, HUMAN SERVICES H� PUBLIC SAFETY COMMITTEE (PRHSPSC� Members: Susan Honda, Chair Meets: 2 Tuesday at 5:30 p.m. Roger Freeman Hylebos Conference Room Linda Kochmar Staff: Cary Roe/Mary Jaenicke LODGING TAX ADVISORY COMMITTEE (LT Member: Jeanne Burbidge, Chair Meets: 2 ntl Tuesday of February, May, August and November 8:OOam Hylebos Conference Room Staff: Patrick Doherty/Tina Piety Approved by the Clty Councif: COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: FUNDING FOR SOUTH SOUND REGIONAL BUSINESS INCUBATOR POLICY QUESTION Should the City Council approve the proposed resolution establishing $30,000 per year in City funding in 2012 and 2013 for the South Sound Regional Business Incubator and authorize the Mayor to execute an agreement that establishes accountability criteria? COMMITTEE N/A CATEGORY: ❑ Consent ❑ City Council Business ■ ►1'� Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Patrick Dohe DEPT Community & Eco. Dev. __..______ _ ----._... --�—�-----...__....._ �.---..._._._._..--�-��------��.._._.._..--�--._�.�.- --....._..._.._._...._._... _..------------..._ Attachments: SSRBi Business Plan Executive Summary and Funding Request; SSRBi 5-year projection; Proposed Resolution regarding use of the City Center Redevelopment Fund for SSRBI funding. Background: On 10/6/09 the Federal Way City Council approved an action to support the South Sound Regional Business Business Incubator (SSRBi), proposed by the Federal Way Chamber of Commerce, with up to $100,000 per year in 2010 and 2011 for programmatic support. The source of the funds for the City's support was the City Center Redevelopment Fund (originally approved pursuant to Resoluton OS-460), which was subsequently amended by City Council on 11/3/09 to add a new "Use of Funds" category to cover the SSRBi (Resolution 09-564). Similarly that Resolution was amended in 2010 (Resolution 10-573) to provide for funding for the medical device incubator project alsa The SSRBi has operated successfully during the preceding two years, creating small businesses and new jobs for Federal Way. The SSRBi Board has proposed a new business model and a renewed request for City support, as documented in the attached "Business Plan Executive Summary and Funding Request" and accompanying 5-year financial projection. The cunent request is for a commitment of $30,000 per year for 2012 and 2013. In addition, in order to allow for this additional funding, the City Center Redevelopment Fund Resolution (Nos. OS-460, 09-564 and 10-573) would have to be amended at Section 3(Use of Funds) as laid out in the proposed Resolution, attached. Options: l. Approve City support in 2012 and 2013 ofthe SSRBi as follows: • Approval of an amendment to Resolution Nos. OS-460, 09-564 and 10-573 to appropriate $30,000 per year in 2012 and 2013 from the City Center Redevelapment Fund • Authorization of the Mayor to negotiate and execute an ageement with SSRBi establishing accountability criteria, such as quarterly reports.. 2. Approve no additional funding to SSRBi. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: _�� f�T��G� DIRECTOR APPROVAL: mmrttee Co d COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED CQUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/Pi0 ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on1yJ ORDINANCE # REVISED - 08/12l2010 RESOLUTION # South Sound Regional Business Incubator Operated by Jobs For South Sound Business Plan Executive Summary and Funding Request City Funding Request: $60,000 over two years Contact Information: SSRBI Mission: Program and Financial Projections—Attached Teri Hickel, Federal Way Chamber of Commerce PO Box 3440, Federel Way, WA 98063 Phone: 253.838.2605 Email: TeriH@FederalWayChamber.com Through assisting start-up and early-stage companies achieve stable, sustainable growth by offering affordable business training, consulting services and professional facilities, and by supporting economic development through partnerships with other economic development organizations and programs, we: 1) Create jobs. 2) Create tax revenue. 3) Create tenants for vacant office space. ��„��g,�: Since inception in 2010, SSR81 has assisted with expansion and growch of 8 existing and 6 start-up businesses allowing these clients to retain or create over 150 jobs. Some examples: • Company # Employees Company # Employees o Ecolnsulate NW 7 o Alpha Fleet Services 15 o Sandt Real Estate Investments 20* o Property Staffing & Associates 23 o Moore & Associates 4 o Geeks @ Site 2 o Time In A Box 4 •Busineu owners ond 1099 contractors combined. • Jobs ForSouth Sound eoard Members: Lori DeVore (Chair), Cindy Ducich (Secretary), A.J. Gordon (Vice{hair), Teri Hickel (Interim Chamber CEO), Gary Martindale, Merle Pfeifer, Tom Pierson, Rich Shockley, Shawn Slattery, Ed Streit, Brett Thomas (Treasurer), and Kim Zier. • Jobs ForSouth Sound Program Director: Kris Milholland. • SSRB/ Advisors and Trainers (past and present): Pierre Acebedo, Dan Altmayer, Sanford Anderson, Bart Anderson, Sharon Barber, Jo Baumgartner, Kelli Bjerk, Sandy Bjorgen, Eric Boettcher, Christy Brady, Gary Brantley, Erin Colwell, Richard Day, Demetrius Diamond, Dan Ducich, Dwayn Fricke, Cosette Gibson-Pfaff, Morgan Griffith, Greg Hollman, Ralph Ibarra, Cindy Johnso�, Jennifer Jolley, Robert Jonas, Joyce Jonescheit, Jane Milhans, Edie Munoz, Tom Murphy, Kieran Murray, Sherri Murray, John Olano, John Pena, Cheri Pieterman, Janet Plu�tze, Darel Roa, Linda Roa, Nems Scarim, Joel Shabel, Rich Shockley, Zev Siegl, Mark Sims, Lisa Skari, Michael Smith, Donna Snell, Carol Stanley, Larry Steveson, Jim Strehlow, Susan Streifel, Ed Streit, Ryan Stueber, Shannon Summers, Alicia Talley, erett Thomas, Amy Wallsmith, Harry Yanagimachi Organization and Facility Jobs for South Sound (JFSS), operator of the South Sound Regional eusiness Incubator (SSRBI), is an affiliate of the Federal Way Chamber of Commerce. The organization was launched with a combination of public and private funding, including $200,000 over two years from the City of Federal Way. A separate working board of directors provides oversight and is active in operations. The Program Director working with the Board and volunteer coaches and mentors, conducts marketing, financial management and programming. It is housed in Agency Center, now branded the SSR61, originally designed, and recently updated by JFSS, specifically for growing earty stage businesses. The building model consists of small professional spaces utilizing a shared receptionist, lobby, conference room, copier, etc. -- an ideal environment in which to provide incubator program services. Near City Hall, the building is an ideal location to create an economic ment "hub" where: a�ariety of org�nix�Eiaats �d pr�rams can locate or utilize the shared resources, and synergize. 1/6/2012 - SSRBI Business Plan Executive Summary - Page 1 City, County ond State o/ficials, Chamber volunteers and SSRBI dient componies celebraYe 1-year anniversary occomplishments at the SSReI building near Federal Way City Hall. Our Market and Program The incubator program is industry-neutral, targeting start-up and early-stage businesses in the greater Federal Way Community as clients. The need to nurture start-ua companies is clear. SBA data show over 50� fail within 5 years, 669�o within 10 years. eusiness incubators have been shown to dramaticallv improve the odds ofsuccess, to the great benefit of the community they operate in. National Business Incubatar Association data show: • 87% of firms that started in incubators are still in operation • $1 public investment in an incubator results in $30 in local tax revenue. • 84�0 of graduate companies remain in their community. While various pieces of the "start-up business resource puzzle" are available to entrepreneurs in our market area — the Small Business Development Center at Highline, King County Public Library, and countless training companies and consulting �rms — onlv the SSReI pulls toqether a comprehensive packape bf such resources at a sinvle "nlace", at nrices affordable to a start-uv business. Prosram Components • Training curriculum tailored to each client. • Lunch and evening training classes on business plans, finance, management, marketing, and more. • 1-on-1 mentoring and coaching. • Networking activities, including Federal Way Chamber of Commerce Membership. • • Marketing and financing assistance. • Links to university/corporate partners Sqace and Shared Resource Comaonents • Address at a professional office building. • Professional reception. • Shared suite, lobby, conference and training rooms. • Shared copie�, internet, etc. • Option for affordable on-site suite, which includes a discou�t to the client fee. Rather than comnetinp with other apencies, we intend to collaborate with them to preater leverape evervone's fundin4. For example, SBDC/Highline Business Advisor Rich Shockley ofFices part time at the SSRBI and is on our Board of Directors. This provides SBDC with a physical presence in Federal Way at no extra cost to that program, and integrates SBDC services into the SSRBI package at no extra cost to ours. We are reaching out to other agencies for similar collaboration, such as Highline CC's other business programs like StartZone, SCORE, and the King County Library among others. JFSS leverages private-sector expertise through our volunteer trainers/mentors, comprised of highly experienced professionals from a wide variety of industries and backgrounds ranging from finance to sociaf inedia rriarketing. We anticipate approximately 80% of our client companies to have "virtual" membership — that is, physically located else�nrhere, such as the owner's home — while benefiting from a business address at the SSRBI, and use of its common facilities and resources. The 80/20, virtual/onsite ratio is the nationwide trend in incubator facilities, and is our experience in the first 1-i/2 years of operation. As incubator curriculum is tailored to each business, membership duration will vary. We expect the range to be 12 -24 months, with 12 as a minimum. Our client membership fee is $200/month for virtual membership, reduced to $150 if they rent a suite in the SSRBI building as shared facilities and resources are included in their suite rent. Marketing and Program Management Program Director (PD) Kris Milholland serves as point person for clients, marketing, and working with volunteers to qualify potential clienta and operate training programs. Currently a volunteer, the PD will be a part-time paid position if funding is approved, growing to full time as clients and programs are added. The Board of Directors also actively participates in marketing and programming. Marketin� Activitier. • Networking, promotion & presentations at Chamber & community events, service clubs, etc. This has been the most productive activity to date. — Program Director and Board Members. • OMNI Properties referrels. Our landlord, supporter'and strategic partner, Jeff Stock (see Facility and Financial Management below), promotes SSRBI services to prospective tenants in the Agency Center. Interest in this type of commercial space is one indicator of a potential candidate for SSRBI membership. -Jeff StocKand OMN/ Properties Staff • Referrals and promotion through collaborating organizations. - Program Direetorand Board Members • Networking & promoting to business consultants for referrals. Many if not most professional consulting firms'prefer not to take on `starts-ups. Referring them to SSRBt may create a future clientfor them. - Proqram Direccor and eoard Members. • Web, email and social media marketing. Program Director and Board Members 1/6/2012 - SSRBI Business Plan Executive Summary - Page 2 Prosram Activities: Program Director with assistance from Advisors and the Board of Directors: • Screen prospective clients for viability and admittance to the program. • Work with admitted client companies to develop a custom curriculum appropriate for their business stage, experience and competencies, leading to an expected graduation date. • Develop and publish the regular training schedule, including lining up instructors. • Identify and seek out instructors on emerging topics of importance for the regular training schedule, and for individualized training sessions to meet special client needs. • Meet with clients on a regular basis, ensuring their needs are met, and ensuring progress against their program requirements. Marketing Lessons Learned Under the original business model, an Executive Director had broader responsibilities, including building management & improvements, diluting time available for marketing. Additionally, considerable time was invested in trade shows with no resulting new clients. lastly, the Board of Directors was a policy-only board, not a working board. Under our new model, the Program Director is focused entirely on marketing, program management, and outreach. Additionally, the Board of Directors is now a working board, actively involved in marketing and operations. Other Economic Development Collaborations In addition to the incubator program, we are seeking to collaborate with other economic development programs and organizations which can be housed or otherwise utilize the facility, share operating staff through our Program Director, and collaborate in programmi�g through our Board of Directors and volunteers. This offers potential income and/or expense-sharing opportunities for JFSS and collaborating agencies, and builds SSRBI into an economic development hub. For the first program of this type, we are working with Ralph fbarra on a veterans training program that will utilize our training center. This will provide affordable training space for that program and networking opportunities for enrolled veterans. It will provide income for JFSS, and prospective incubator clients from among the enrolled veterans who wish to start their own business. Other target organizations are community colleges, community festival and event organizations: ' • Community Colleges • Community festival and event organizations • King County Library •. City of Federal Way Economic Development Department Facility & Financial Management Initial Business Model The original business plan was based on the incubator program leasing the entire building for short period of time until an anticipated Federal grant would provide funding to purchase it. This would allow the incubator program to operate rent-free and provide income from rent paid by non-incubator tenants. Unfortunately, Federal funding for this purpose was eliminated due to budget cuts, resulting in a long-term burden of rent and expenses for the entire building. New Business Model , Effective January 1, 2012, a new strategic partnership with building owner and SSRBI supporter Jeff Stock/OMNI Properties modifies our lease so JFSS pays rent just on its program space at a below-market rate. OMNI manages the building and bears the expense of the shared resources such as phone and internet services and the copier/printer. They also cover the expense of the Resource Administrator who is the receptionist and resource coordinator. JFSS program space includes two office suites utilized by the Program Director, SBDC Business Advisor, Board members, and Virtual Clients, and our Training Room. We have use of shared lobby and conference room, and are provided administrative services by the Resource Administrator. In addition to rent, JFSS pays a fixed fee per client company for their use of shared resources. The new model reduces facility related expenses by more than 7090 and they are substantially scalable with client count. Free from building management, we can focus on marketing, program management, and outreach. Financial Manaaement. Prior to July 1, 2011, financial management was closely held by the Chamber CEO. Since then, �nancial management has been actively managed by the Board Treasurer and Finance Committee. We worked closely with Jeff Stock/OMNI to develop the new business model, and 5-year financial projection. We have placed a priority on cash preservation while working through the transition period, resulting in a cash reserve moving into 2012. 1/6/2012 - SSRBI Business Plan Executive Summary - Page 3 Financial Projections Refer to accompanying 5-Year Projection and footnotes by line item. Highlights: • Philosophy: The underiying principles used are: o Be conservative — under-promise and over-deliver to investors. o Maintain a cash reserve against income shortfalls or expense overages. o Run JFSS like a business. • Future funding: Additional funding sources and/or cost-sharing opportunities will be actively sought. A veterans program is currently in the works, and is reflected in the projection for 2012 and 2013. V1le are not seeking City Funding in 2014 and seek Federal, State, and other grant/funding for our core incubator program in thereafter. Our goal is to make up the difference from separate funding sources in 2014 and forward, likely comprised of a mix of grants, sponsorships and funding from collaborative programs. If achieved, this will improve on our projection, which takes the conservative approach of'preserving cash from OMNI/Stock donations in 2012-13 to cover a budget shortfall in 2014. • Cost per Job Created: SSRBI is an extremely cost-effective way to invest in company and job creation, starting at under 51,300 per job c�eated in 2012, and falling to approximate(y 7Q0 in 2015. This is calculated against our entire exqensebudset, not iust Citv fundins. Reporting The Program Director will report monthly to the Board of Directors. The Board of Directors will report quarterly, and upon request, to investors and stakeholders. Stakeholders and Investors: • The City of Federal Way • 1eff StockJOMNI Enterprises • Chamber of Commerce Board of Directors • Future funding sources and collaborating agencies/organizations. Report Content: • Executive summary • Numbers - Actual vs. projected o Client companies served o Jobs created o Financial: ■ Profit & loss ■ Cash reserves ■ Wpdated projection ■ Funtiing sources • Marketing and Program Highlights o Marketing arrd Outreach Activities o Client• progress against program requirements o Other Economic Development Collaborations • Other informafion required by specific funding sources Appropriate adjustments to the Business Plan and Financial Projections will be made in light of results. END OF BUSINESS PLAN EXECUTIVE SUMMARY 1/6/2012 - SSRBI Business Plan Executive Summary - Page 4 South Sound Regional Business Incubator Update 11/30/2011 Operated by lobs For Sound Sound FIVE YEAR PROJECTION Replaces 11/29/2011 Philosophv: Projections made with goal of under-promising and over-delivering. For example, we produced 8 jobs per client company since inception, but have projected 5. We endevoured to make expense projections with a greater chance of being under budget than over, including a contingency. tine YEAR 2012 2013 201 2015 2016 i INCUBATOR PROGRAM PROIECTIONS z Clientfiompanies (Ave During Year) 11 18 24 29 33 3 New Jobs Created During Year 55 90 118 143 165 a s FINANGIAL PROJECTIONS s Beginning Cash Reserves 34,000 39,006 54,379 36,502 39,390 � Income s Client Fees 25,080 43,200 56,400 68,400 79,200 9 City of Federal Way 30,000 30,000 0 0 0 io Agency Center ponation (OMNI/Stock) 15,000 15,000 0 0 0 ii Grants and Sponsorships 5,000 10,000 20,000 40,000 40,000 iz Totallncome 75,080 98,200 76,400 108,400 119,200 13 ia Expenses is Rent - Program Space (Agency Ctr) 16,800 16,800 16,800 16,800 16,800 ie Shared Resources-Client Cos (Agency Ctr) 6,600 10,800 14,100 17,100 19,800 v FW Chmbr-Program Director 24,024 28,872 33,979 39,368 45,053 is FW Chmbr-Shared Insurance 720 744 768 792 816 i9 FW Chmbr-Client Memberships 3,960 6,480 8,460 10,260 11,880 zo Marketing and Outreach 5,000 5,000 5,000 5,000 5,000 ii Office Suppties 1,200 1,200 1,200 1,200 1,200 i2 Bookkeeping & Accounting 2,400 2,400 2,400 2,400 2,400 z3 Govt Fees 300 300 300 300 300 ia Acctg & Govt Fees-SSRBI, LLC 1,500 1,500 1,500 1,500 1,500 zs IT Expenses 1,200 1,200 1,200 1,200 1,200 z6 Contingency 6,370 7,530 8,571 9,592 10,595 27 %Contingency 10.0% 10.0% 10.0% 10.0% 10.0% is Total Expe�ses 7Q,074 82,826 94,278 105,512 116,544 29 ao Net To (From) Cash Reserves 5,Q06 15,374 (17,878) 2,888 2,656 31 a2 Ending Cash Reserves 39,006 54,379 36,502 39,390 42,046 33 aa Cost Per Program Unit 3s Per Client Company Served 36 Per New Job File name: SSRBI 5 (2011 6,370 4,601 4,012 3,702 3,532 1,274 920 802 740 706 Sheet Name:1F5S Projection RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Amending the Distribution of Monies in the Redevelopment Fund Resolution Nos. OS-460, 09-564 and10-573 for the Sole Purpose of Providing Funds to the South Sound Regional Business Incubator in 2012 and 2013. WHEREAS, on October 18, 2005 the City Council of the City of Federal Way established a Downtown Redevelopment Fund to encourage catalyst redevelopment projects in accordance with the Leland Consulting Group's "City Center Redevelopment Strategy"; and WHEREAS, the City Council determined that the use of the monies in the Redevelopment Fund would be limited to four general purposes: (1) positioning or acquisition of real property for redevelopment, (2) contribution to public infrastructure improvements, (3) contribution to public open spaces, and (4) contribution to public parking facilities; and WHEREAS, on October 20, 2009, the City Council amended Resolution No. OS-460 to authorize the one time expenditure from the Redevelopment Fund of One Hundred Thousand Dollars ($100,000) in 2010 and 2011 for the purpose of contributing to a portion of the program of South Sound Regional Business Incubator designed to create jobs in Federal Way; and WHEREAS, on January 26, 2010, the City Council amended Section 3 of Resolution Nos. OS-460 and 09-564 to authorize the one-time allocation of Two Hundred Fifty Thousand Dollars ($250,000) for the implementation plan for a medical device innovation and commercialization incubator to create jobs in Federal Way; and WHEREAS, on January 17, 2012 the City Council wishes to amend Section 3 of Resolution Nos. OS-460, 09-564 and 10-573 to authorize the one-time allocation of Thirty Thousand Dollars Resolution No.12- Page 1 of 4 Rev 3/09 ($30,000) each in 2012 and 2013 to contribute funding to the South Sound Regional Business Incubator designed to create jobs in Federal Way. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Resolution Nos. OS-460, 09-564, and 10-573, Section 3, sha11 be amended as follows: Section 3. Use of Funds. Use of City Center Redevelopment Fund monies shall be for one of four general purposes, consistent with the City Council Resolution No. OS- 459: positioning or acquisition of real property for redevelopment; contribution to public infrastructure improvements; contribution to public open spaces; or contribution to public parking facilities. A. There sha11 also be a one time contribution of One Hundred Thousand Dollars ($100,000) in 2010 and of One Hundred Thousand Dollars in 2011, for a total of Two Hundred Thousand Dollars ($200�,000), towards a portion of the program for the Business Incubator Project, which is designed to create jobs in Federal Way. B. There sha11 also be a one time contribution of Two Hundred Forty-five Thousand Dollars ($245,000) for the implementation plan for a medical device innovation and commercialization incubator to create jobs in Federal Way. Resolution No.12- Page 2 of 4 Rev 3/09 C. There shall also be a one-time contribution of Thirty Thousand Dollars ($30 000) in 2012 and Thirtv Thousand Dollars ($30,000) in 2013 towards a portion of the�ro�ram for the South Sound Re�ional Business Incubator which is desi�ned to create jobs in Federal Wav. Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be inva.lid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality sha11 not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passa.ge by the Federal Way City Council. Resolution No.12- Page 3 of 4 Rev 3/09 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2012. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST 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.: Resolution No.12- Page 4 of 4 Rev 3/09 COITNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�_ SUBJECT: APPOINTMENTS TO THE ARTS COMMISSION POLICY QUESTION Which applicants should the City Council appoint to the Arts Commission? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business MEETING DATE N/A ❑ Public Hearing ❑ Other ❑ Ordinance ❑ Resolution STAFF BY� Carol McNeill� City.Clerk DEPT Human Resources Background: The Arts Commission is comprised of nine voting members that serve three-year terms. Five voting positions on the Commission expired December 31, 2011. Three voting members are seeking re- appointment to the Commission (Cynthia Piennett, Maureen Hathaway and Lorie Weldon) and one alternate member (Katherine Olson) is seeking appointment as a voting member. The City Clerk will continue to advertise the remaining vacancy. Once applications are received interviews with the City Council will be scheduled. Options Considered: l. Re-appoint Cynthia Piennett, Maureen Hathaway and Lorie Weldon to the Commission with three-year terms expiring December 31, 2014, and appoint Katherine Olson as a voting member with a three-year term expiring December 31, 2014. 2. Direct staff to recruit for additional applicants. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A �_ DIRECTOR APPROVAL N/A Committee Council Committee COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION "I move the following appointments to the Arts Commission..... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLiTTION # _ COUNCIL MEETING DATE: January 17, 2012 ITEM #:�_ _.... ..............._...__._.......---........._._........__..................................................._............._....................... ................................................................................................................._....._..._............._........................_......................................._.................__.................................................................. .............. ._.._...._....._.... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO TAE INDEPENDENT SALARY COMMISSION POLICY QUESTION Which applicants should the City Council appoint to the Independent Salary Commission? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ■ ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill _Ci Clerk DEPT: Human Resources __ _..._._ �._._.._._.�.........._.��__.-�--�--..._.�'� _ �'_...�.__ _ ................_.__...__.__......_�_...�.�.._........------..___ �...._._----._...._._ _._._.. - - - Background: The Independent Salary Commission is comprised of five members that serve four-year terms, with a maacimum of two terms. The Commission meets in even numbered years. Three positions on the Commission are eligible for appointment. Two terms have expired, and there is one vacant position with at term of February 28, 2014 due to a member resignation. One Commissioner, (Donald Dennis) is seeking re- appointment to the Commission. At a Special Meeting on January 17, 2012 the Council interviewed Mark Koppang who is seeking appointment to the Commission. The City Clerk will continue advertising the remaining vacancy. Once applications are received interviews with the City Council will be scheduled. Options Considered: 1. Re-appoint Donald Dennis to the Independent Salary Commission with a four-year term expiring February 28, 2016, and appoint Mark Koppang to the Commission for a four-year term expiring February 28, 2016. 2. Direct staffto seek additional applicants for the Independent Salary Commission. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL N/A Committee Council Committee PROPOSED COUNCIL MOTION: "I move the following appointments to the Independent Salary Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BII.L # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO AC'I'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # _ COUNCIL MEETING DATE: January 17, 2012 ITEM #:�_ _ ............................................................._..................................._................................................................................................................._...................................._........_.._.......__.........._..__..__.............. _._.._._................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE HUMAN SERVICES COMMISSION POLICY QiJESTION Which applicants should the City Council appoint to the Human Services Commission? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT_BY_ Carol McNeilly City Clerk ____ __ _ DEPT: Human Resources Background: The Human Services Commission is comprised of nine voting members that serve three-year terms. Three positions on the Commission are eligible for appointment. Two commissioner's terms expire on January 31, 2012. Both commissioners are seeking re-appointment (Elizabeth Hughes and Bob Wroblewski). In addition there is one vacant position with a term expiring January 31, 2013, due to a member resignation. The Council Rules of Procedure state when a vacancy occurs, the Council will appoint a member to fill the remainder of the un-expired term. At a special meeting on January 17, 2011 the Council interviewed two applicants for appointment to the Human Services Commission (Michael Capenos and Mary Schultz). Options Considered: l. Re-appoint Elizabeth Hughes and Bob Wroblewski to the Human Services Commission with three-year terms expiring January 31, 2015, and appoint to fill the remainder of the unexpired term expiring January 31, 2013. 2. Direct staff to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A N/A DIRECTOR APPROVAL N/A Committee Council Committee COMMITTEE RECOMMENDATION N/A. PROPOSED COUNCIL MOTION "I move the following appointments to the Human Services Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances ondy) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: APPOINTMENTS TO THE LODGING TAX ADVISORY COMMITTEE POLICY QUESTION Which applicants should the City Council appoint to the Lodging Ta�c Advisory Committee? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: Carol McN ❑ Ordinance ❑ Resolution Citv Clerk MEETING DATE N/A ❑ Public Hearing ❑ Other DEPT: Human Resources Background: The Lodging Tax Advisory Committee is comprised of a minimum of five-members who serve two-year terms. Members must be representatives from businesses which are required to collect lodging ta�c, or businesses authorized to be funded by lodging tax revenues. Two terms on the Commission expired October 31, 2011. Current member Mike Dunwiddie is seeking re- appointment to the Commission. At a Special Meeting on January 17, 2012 the City Council interviewed Rik France who is seeking appointment to the Commission. Options Considered: L Re-appoint Mike Dunwilddie to the Commission with a two-year term expiring 10-31-2013 and appoint Rik France to the Commission with a two-year term expiring 10-31-2013 2. Direct staffto advertise the vacancy for additional applicants. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL: N/A �� DIRECTOR APPROVAL: N/A Committee Council Committee COMMITTEE RECOMMENDATION N/A PROPOSED COUNCIL MOTION "I move the following appointments to the Lodging Tax Advisory Committee... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BII.L # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # __ COUNCIL MEETING DATE: January 17, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION POLICY QUESTION Which applicants should the City Council appoint to the Parks and Recreation Commission? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business R ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill Ci Clerk DEPT: Human Resources ...—�----.__._�...._...__�._..---....._.__....._............_.._............�.....�'�� ' _ ____ ...............—...........--�-��----...._......__._._.__�� ._.__ _ �.__..---..—_._...__ ___...�--- Background: The Parks Commission is comprised of nine voting members and may have up to two alternates. Members serve three-year terms. There is one vacant voting position (with a term of April 30, 2014) on the Commission due to a member resignation. Per the Council Rules of Procedure, when a vacancy occurs the Council will appoint a member to fill the remainder of the un-expired term. In addition, there are no alternates currently appointed to the Commission. At a Special Meeting on January 17, 2012 the City Council interviewed Mike Hefel, Sun Youn Kim and Mark Koppang who are interested in serving on the Commission. Options Considered: 1. Appoint to the Parks Commission as a voting member to fill the remainder of the unexpired term of April 30, 2014, appoint and as alternate members with terms expiring Apri130, 2015. 2. Direct staff to recruit additional applicants for the Parks and Recreation Commission. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A N/A DIRECTOR APPROVAL N/A /� Committee Counci( Committee Councd PROPOSED COUNCIL MOTION: "I move the following appointments to the Parks and Recreation Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCII. ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: APPOINTMENTS TO THE STEEL LAKE MANAGEMENT DISTRICT POLICY QUESTION Which applicants should the City Council appoint to the Steel Lake Management District? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business � ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeil� City Clerk DEPT: Human Resources Background: The Steel Lake Management District is comprised of four members that serve twayear terms. Members must be residents of Steel Lake. Four positions on the District expired December 31, 2011. All four members serving are seeking re-appointment (Tom Dezutter, Margaret Reyhner, Melanie Cannon and William Linehan). Options Considered: 1. Re-appoint Tom Dezutter, Margaret Reyner, Melanie Cannon and William Linehan to the Steel Lake Management District with two- year terms expiring December 31, 2013. 2. Direct staff to seek additional applicants. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A �� DIRECTOR APPROVAL N/A Committee Council Committee PROPOSED COUNC�L MO'r�ON: "I move the following appointments to the Steel Lake Management District... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BII.L # ❑ DENIED I reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TEC'r: 2012 Municipal Stormwater Grant of Regional Significance POLICY QUESTION Should the Surface Water Management submit a stormwater education and outreach program for funding through the 2012 Municipal Stormwater Grant of Regional Significance? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY William Appleton, P.E., SWM Manager ITEM #: U1 . I MEETING DATE N/A ❑ Pu61ic Hearing ❑ Other DEPT Public Works Attachments: Staff Memorandum dated January 17, 2012. Options Considered: 1. Authorize staff to submit a stormwater education and outreach program for funding through the 2012 Municipal Stormwater Grant of Regional Significance. 2. Do not authorize staff to submit a grant application for funding through the 2012 Municipal Stormwater Grant of Regional Significance. MAYOR'S RECOMMENDATION Mayor recommends authorizing staff to submit a stormwater education and outreach program for funding through the 2012 Municipal Stormwater Grant of Regional Significance. MAYOR APPROVAL N/A �/%///l�� DIRECTOR APPROVAL N/A C�'v/'� � Committee r Co�� Committee Council COMMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move to authorize staff to submit a stormwater education and outreach program for funding through the 2012 Municipal Stormwater Grant of Regional Signiftcance. " (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 — O8/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 17, 2012 TO: City Council VIA: Skip Priest, Mayor C � y � �� Cary M. Roe, P.E., Director of Parks, Public Works an ergency Management ' William Appleton, P.E., Surface Water Manager SUBJECT: 2012 Municipal Stormwater Grant of Regional Significance BACKGROUND• The Washington Department of Ecology is soliciting grant proposals for projects of regional or statewide significance to support implementation of the Municipal Stormwater General,Permits issued in January 2007 and reissued for draft review in October 2011. The $2.2 million dollars available for this purpose is carry- forward funding provided by the Washington State Legislature to local governments to support stormwater permit implementation. The grant is competitive and is only available to cities, towns and counties covered by a municipal stormwater permit. The maximum amount for each grant is $300,000 and no matching funds are required. Surface Water Management recommends submitting a grant application for the development of a regional program intended to improve stormwater education and awareness among elementary students. Once developed, the program would be implemented within Federal Way and ultimately across the Puget Sound region. The proposed program will be designed to allow Phase I and II NPDES jurisdictions to meet expanded education and outreach requirements proposed in the draft permit scheduled to go into effect in 2013. Surface Water Management proposes to develop a program that utilizes components of the "Salmon in the Classroom" program as a vehicle to expand stormwater education and outreach programs into the K-6 schools, assess program effectiveness and develop a long term partnership with the Public Schools. Specifically, the program would include, but not be limited to the following elements: • Establish the long term organizational structure of the program; • Develop stormwater curriculum to facilitate classroom education; • Develop testing material to assess program effectiveness; • Develop the stormwater/salmon display; and • Develop up to 11 program test sites at schools. Staff time to develop, design and implement the proposed program is estimated to cost approximately $60,000. Grant applications rnust be submitted by January 20, 2012, project completion must occur by June 30`�, 2013. Staff is requesting authorization to submit a grant application for the proposed education and outreach project for consideration of funding thru the 2012 Municipal Stormwater Grant of Regional Significance. COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH THE TEAMSTERS—PARKS/PW MAIIVTENANCE WORKERS POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED COLLECTIVE BARGAINING AGREEMENT WITtI THE TEAMSTERS — PARKS/PW MAINTENANCE WORKERS? COMMITTEE: n/a CATEGORY: ❑ Consent ❑ Ordinance � City Council Business ❑ Resolution MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Pat Richardson Cit� Attorne __ __ DEPT: Law ------ ................................._.......................__....._._........_.....:...._.__......._...-------' -..._..._. ._._...._........................Y _........._...--------..._._...-------....._�....__.._......---.._.__._.....__...._...__--------..._._....�......_......._---- The collective bargaining agreement with the Teamsters — Parks/PW Maintenance Workers expired December 31, 2010. The parties have been in negotiations for over a year and have reached a tentative agreement as set forth in the proposed collective bargaining agreement (CBA). Salient points of the agreement are: (1) change of healthcare insurance providers; (2) a one time 8 hours to settle the contract; (3) a one time 8 hours to recognize Teamsters were first union to agree to switch to Group Health; (4) no wage increase for 2011 — 2014 unless the non-represented employees, as a whole, receive some form of increased compensation; and (5) this new contract lasts through December 31, 2014. The issue conceming the definition of temporary/seasonal workers remains outstanding, with a hearing on the matter scheduled for February 16 and 17, 2012. Attachments: Proposed CBA with the Teamsters — Parks/PW Maintenance Workers. Options Considered: 1. Approve the CBA with the Teamsters — Parks/PW Maintenance Workers. 2. Reject the CBA with the Teamsters — Parks/PW Maintenance Workers and provide direction to Staff for further negotiations. MAYOR'S RECOMMENDATION Option I MAYOR APPROVAL: � pl - �2� DIRECTOR APPROVAL: �_ � Committee Council Committee C� ounc�� COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUPIGIL ACTION: ❑ APPROVED COUPICIL BII.L # ❑ DEPiIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi�g ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # AGREEMENT by and between CITY QF FEDERAL WAY, WASHINGTON and PUBLIC, 'PROFESSIONAL & OFFIGE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Maintenance Employees) January 01, 2011 through December 31, 2014 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTtCLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ART{CLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI APPENDIX "A" RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES HOURS OF WORK OVERTIME AND SPECIAL PAY ' WAGES HOLIDAYS VACATIONS LEAVES HEALTH AND WELFARE BENEFITS EQUIPMENT, UNIFORMS AND TRAINING DiSCIPLINE GRIEVANCE PROCEDURES MISCELLANEOUS MANAGEMENT RIGHTS SAVINGS CLAUSE DURATION CLASSIFICATIONS AND RATES OF PAY 2 3 4 5 7 7 8 9 11 12 12 13 14 15 16 16 17 I AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFtCE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Maintenance Department Employees) January 01, 2011 through December 31, 2014 THIS AGREEMENT is by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE I RECOGNITION UNION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 Recognition - The City recognizes the Union as the sole and exclusive collective bargaining representative for all full-time and regular part-time maintenance and operations employees within the Public Works and Parks Departments of the City of Federal Way, excluding supervisors and confidential employees. 1.1.1 For the purposes of this Agreement, a"seasonal" or "temporary" employee shall be deflned as an individual employed for less than twelve hundred (1200) hours in a finrelve (12) consecutive month period. In the event an individual employed as a seasonal/temporary employee is employed for more than finrelve hundred (1200) hours in a finrelve (12) consecutive month period, the employee shall begin receiving the economic benefits set forth within the Agreement as if he/she were a regular employee. 1.2 Union Membership - It shall be a condition of employment that each current employee covered by this Agreement shall within thirty (30) days of the signature date of this Agreement become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way unless another organization is agreed to by the Union and the City. It shall also be a condition of employment that each employee covered by this Agreement and hired on or after the signature date of this Agreement shall, within thirty (30) days of the beginning of such employment, become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way or other organization agreed to by the Union and the City. 1.2.1 !n the event an employee who is not a member of the Union requests the Union to use the grievance procedure on the employee's behalf, the Union may charge the employee for the reasonable costs of processing the grievance, provided the Union notifies the employee of such costs in advance. 1.3 Payroll Deduc#ion - Upon written authorization of an employee, the City shall deduct from the pay of such employee the monthly dues and initiation fees as certified by the Union and shall transmit the same to the Secretary-Treasurer of the Union monthly. The City shall deduct from the pay of an employee who elects not to join the Union the fees in-lieu of the Union initiation fee and monthly dues and shall remit the same to the agreed upon charity monthly. The Union shall defend the City and hold the City harmless against any claims brought against the City by an employee arising out of the City making a good- faith effort to comply with this Section. 2 2011-2014 Gity of Federal Way Public Works and Parks Maintenance Employees 1.4 Union Notification - Within seven (7) days from the date of hire of a new empioyee, the City shall forward to the Union the name, address and telephone number of the new employee. The City shall promptly notify the Union of all employees leaving its employment. 1.5 Bulletin Boards - The City shall provide suitable space for a bulletin board at the maintenance facility. Postings by the Union on the bulletin board shall be confined to official business of the Union; provided such notices shall not be derogatory of the Employer, its elected officials or other personnel. 1.6 Shop Steward — The Union may appoint an accredited shop steward for the bargaining unit. The shop steward shall be a regular employee. The function of the shop steward shall be to meet with the Employer concerning matters vital to the employees in the bargaining unit; provided, however, the shop steward's role shall not interfere with the normat functioning of the Employer. Prior permission from the employee's supervisor shall be obtained whenever a shop s#eward's activities during regular work hours are involved. The accredited shop steward shall be the only one to take up with the Employer any alleged violation of this Agreement that reaches Step 2 of the grievance procedure. The Union shall be the only party with the authority to appeal any grievance to Step 3 of the grievance procedure. 1.7 Union Officer Leave — An employee slected or appointed to a Union office may, upon timely application and approval thereof by the City, be given leave of absence up to sixty-four (64) hours per year to attend Union conferences or Union workshops. The leave shall be without pay and without loss of seniority. The City reserves the right to deny the request depending upon the season, staffing levels, and/or the adverse impact on the operations. ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 2.1 Probation Period - A new employee shall be subject to a finrelve (12) month probation period commencing with his most recent first date of hire in a bargaining unit position. During this period, such employee shall be considered as being employed on a trial basis, subject to immediate dismissal at any time at the sole discretion of the City. Discharge of an employee during his probation period shall not be subject to the grievance procedure. 2.2 Seniori - An employee's seniority shall be defined as that period of compensated work for the City from the employee's most recent first day of compensated work within a position now covered by the bargaining unit. Any time of uncompensated leave in excess of thirty-one (31) calendar days shall be deducted from the employee's seniority. 2.2.1 An employee's seniority shall be broken so that no prior periad of employment shall be counted and his/her seniority shall cease upon: Discharge for cause as defined in Article XI; Voluntary quit; Leaving the bargaining unit to accept a position with the City outside of the bargaining unit; Failure af the employee to notify the City of his/her willingness to return to work upon recall from an indefinite layoff within 4en (10) calendar days after mailing of written notice from the City to his/her last known address appearing on the City's records; Layoff exceeding twenty-four (24) months, and/or A Leave of absence exceeding six (6) months. 2011-2014 City of Federal Way Pub{ic Works and Parks Maintenance Employees 2.22 Each calendar year, upon the request of the Union, the City shall provide the Union with a seniority list showing the name of each employee within the bargaining unit, his/her present classification and his/her first date of compensated work within the bargaining unit. 2.3 Lavoff - In case of a layoff, employees shall be retained on the basis of job performance and length of continuous service. When job performance is relatively equal, the employee with the shortest length of continuous service shall be laid off first. Relative job performance shall be determined on the basis of qualifications, recent job performance evaluations and current job evaluations. Qualiflcations shall be determined by the knowledge, abilities and ski{Is required for the affected position, as stated in the classification descriptions, and the employee's abitity to perform the remaining work without further training. 2.4 Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on layoff shall keep both the City and the Union informed of the address and telephone number where he can be contacted. When the City is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the City are able to contact the employee within seven (7) calendar days from the time the Union is notified, the City's obligation to recall the employee shall cease. 2.4.1 The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period of finrenty-four (24} months. Should an employee not return to work when recalled, the City shall have no further obligation to recall him/her. 2.5 Job Vacancies - Opportunities for promotion shall be posted on the work site bulletin board for not less than seven (7) calendar days, during which time employees who have completed their probation period may apply. Posted job opportunities shall contain an adequate description of the job duties and the rate of pay. It is the intent of the parties to provide qualified employees with opportunities for promotion; provided however, the City shall determine who the best qualified person is for the job. ARTICLE III HOURS OF WORK 3.1 Hours of Work - The normal work schedule for full-time employees shall consist of five (5) consecutive days of eight (8) consecutive hours, Monday through Friday, excluding the meal period. The normal workday shall be from 7:00 A.M. to 3:30 P.M. During the period April1 through October 31, the City may schedule Tuesday through Saturday and Sunday through Thursday workweeks and work hours other than 7:00 A.M. to 3:30 P.M. The City will notify the Union of the intent to imptement Sunday through Thursday and Tuesday through Saturday work schedules, and the Union may request to reopen regarding the implementation during the term of this agreement. 3.1.1 Notwithstanding the foregoing, changes in starting times and/or days of the week for each employee may be made by the City based upon seasonaf demands for service, reasonable operating needs of the City and natural consequences, including without limitation fires, earthquakes, storms and floods. 3.2 Flex Time - By mutual agreement between the smployee and the City, an employee may be assigned a schedule other than as set forth within Section 3.1. 3.3 Shift Cfianqe - Each employee shall be assigned to a regular shift starting time which shall not normally be changed without at least forty-eight (48) hours notice. !n the event an employee's regular shift starting time is changed with less than forty-eight (48) hours notice, he/she shall be paid an additional one dollar and seventy-five cents ($1.75) per hour for all hours worked outside of his/her previous work schedule, exclusive of overtime and only during the remainder of the employee's scheduled work week. 4 2011-2014 City of Federal Way Public Works and Parks Maintenance Employees 3.4 Rest Periods - Employees shall receive a rest period of fifteen (15) minutes on the City's time for each four (4) hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of each four (4) hour work period. No employee shall be required to work more than three (3} hours without a rest period. By mutual agreement between the employee and the City, the rest periods may be taken at a time other than stated above. 3.5 Meal Periods - Employees shall receive a meal period of thirty (30) minutes which shall be on the employee's own time and which shall commence no less than three (3) nor more than five (5) fiours from the beginning ot the shift. By mutual agreement between #he employee and the City, the meal period may be taken at a time other than stated above. 'Employees who work more than three (3) hours longer than their normal workday may, at the option of the employee, receive an additional unpaid meal period before or during their overtime. ARTICLE IV OVERTIME AND SPECIAL PAY 4.1 Overtime -"Overtime" is defined as authorized hours worked in excess of forty (40) hours in an employee's seven-day work week or eight (8) hours per day, unless an altemate work schedule has been established by the City for a particular work unit or individual. "Hours worked" for purposes of determining overtime pay shall include holidays, vacation and sick leave used for scheduled doctor and/or dental appointments, but shall not include any other time compensated but not worked. The standard "work week" consists of the period from midnight Saturday to 11:59 P.M. the following Saturday. 4.1.1 Overtime Rotation — A list of regular employees will be maintained for the Parks crew and a separate list will be maintained for the Public Works crews. When overtime is available, employees will be contacted and offered overtime in order beginning with the next employee on the applicable list following the employee who worked the last overtime opportunity until an employee is available to work the overtime. This rotation will continue for all overtime not related to shift completion or assigned special projects. 4.1.2 Mandatorv Overtime - Should no employee accept overtime when it is offered pursuant to Section 4.1.1, then the employer will assign the overtime from the least senior to most senior employee. Seniority shall be determined based on length of time with the City. In no event shall an employee with less than 6 months experience be assigned to mandatory overtime. Mandatory overtime shall not affect the overtime rotation in Section 4.1.1. 4.2 Compensatory Time - An employee may request compensatory time off in lieu of overtime payment, subject to approval and scheduling by the City. Compensatory time shall be taken at the rate of one and one-half (1-1/2) times the actual time worked. Employees shall be encouraged to use compensatory time accrued within ninety (90) days of earning it, whenever possible. ln no event may compensatory time be accrued in excess of eighty (80) hours (i.e. 53.33 hours x 1.5 = 80 hours). 4.3 Callout - An employee who has left work and is calied out to work after completion of his regular shift shall be paid a minimum of three (3) hours at one and one-half (1-1/2) times his regular straight-time hourly rate of pay. However, if the employee is called out less #han two (2) hours from the time he is scheduled to start his regular shift, he shall receive one and one-half (1-1/2) times his regular straight-time hourly rate of pay only for such time as occurs before his regular starting time. All call-out time worked outside of the empfoyee`s regular work hours shall be paid at the rate of one and one-half (1-1/2) times the employee's regular straight time rate of pay. In the event the City grants a minimum callout greater than three (3) hours to another bargaining unit of City employees or #he majority of other City employees, the Union shall have the right to reopen negotiations on the issue of minimum callout. 5 2011-2014 City of Federal Way Pubtic Works and Parks Maintenance Employees 4.4 Standbv - Except as otherwise provided herein, the current City policy regarding Standby Duty shall remain in effect. Standby duty may include week nights and weekends and other non-regular work hours, and standby hours will begin when an employee leaves work and end when the employee returns to work — except standby pay will not be paid Monday through Friday during the employee's normal work hours, including flex days. Employees who are assigned Standby Duty shall receive two dollars and 50/100 ($2.50) per hour for each hour of Standby Duty. Employees on Standby Duty shall not consume alcohol or controlled substances. Whether or not Standby Duty is eliminated, modified or expanded shall remain at the sole discretion of the City. During emergency events, standby pay shall not be paid between shifts. An employee on Standby Duty who is called out shall receive the applicabfe Callout rate in addition to Standby Duty pay. 4.5 Temqorary Assignment Pay - When an employee is temporarily assigned to assume substantial responsibilities as a substitute for an absent bargaining unit employee in a higher classiflcation, the employee shall receive five percent (5%) above his regular rate of pay or Step A of the higher class (whichever is greater) for hours worked in such temporary assignment. No temporary assignment pay shall be paid for a period of time less than five (5) working days. The added compensation shall cease when the assignment ends. 4.5.1 Temporary assignment pay for assignments in which a bargaining unit employee works as a substitute in the absence of an employee working in a non-bargaining unit position shall be administered and compensated pursuant to applicable City policy. Any such assignment in excess of ten (10) consecutive working days shall be by mutual agreement befinreen the employee and the City. 4.5.2 Unless otherwise provided herein, assignment of employees to temporary assignments in or out of the bargaining unit and the duration of such assignments shall remain at the sole discretion of the City. 4.6 EmerQency Meal Reimbursement - Emergency crews, with authorization of the Ciry, may eat off the clack at area establishments specified by the Purchasing Manager. Such establishments shall directly bill the City. 4.7 Non-Emergency Travel - Employees shall be reimbursed for reasonable costs of vehicle operation, meals and lodging for travel and such related expenses away from the City in accordance with City policy. 4.8 Non-Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. Unless required by the Fair Labor Standards Act (FLSA), premium or overtime pay shall be based on the employee's regular straight-time rate of pay. Compensation shalf not be paid more than once for the same hours under any provision of this Article or Agreement. Compensation received by any employee for reasons other than work actually performed at the employee's City job assignment, including but not limited to sick leave, vacation leave, holiday leave, funeral leave, compensatory time, civil and military leave shall not be pyramided one with another nor added to compensation for actual work performed during an employee's work schedule. 4.9 Emergency Shift — In #he event that the City wishes to change the twelve-hour shifts in the event of a weather emergency, the schedule will be 11:30 p.m. to noon and 11:30 a.m. to midnight. 6 2011-2014 City of Federal Way Public Works and Parks Maintenance Employees ARTICLE V WAGES 5.1 The classifications of work and monthly rates of pay for employees coverecf by this Agreement shall be set forth within Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City may designate a job classification title and salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent contract are negotiated, or six (6) months after the classification is established, whichever is earlier. ARTICtE VI HOLIDAYS 6.1 Employees shall receive the following holidays off with compensation at their regular straight-time hourly rate of pay: New Year's Day Martin Luther King, Jr.'s Birthday President's Day Memorial Day Independence Day tabor Day Veteran's Day Thanksgiving Day Day Following Thanksgiving Day Christmas Day 6.1.1 6.1.2 6.2 January 9 st 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1 st Monday of September November 11 th 4th Thursday of November December 25th Holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be obsenred on the following Monday. Any holiday falling on Saturday shall be observed on the preceding Friday. Holidays in addition to those set forth within this Article granted to another bargaining unit of City employees or the majority of other City employees shall be provided to the bargaining unit. If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be utilized rather than charged against the employee's accrued vacation or sick leave. 6.3 Regular employees employed as af January 1st and new regular employees starting employment between January 1st and June 30th of each year will accrue eight (8) hours as a Floating Holiday, and regular employees employed as of July 1st of each year will accrue an additionaf eight (8) hours as a second Floating Holiday and new regular employees starting between July 1st and December 31st will accrue eight (8) hours as a Floating Holiday. The floating holidays must be used during the calendar year. No unpaid floating holiday will be paid out upon termination of employment. 6.4 'Employees scheduled to work on a holiday shall receive his/her regular holiday compensation plus time and one-half for actual time worked as long he/she doesn't take another day off in exchange for that day and hasn't used any sick or other compensated time off (excluding vacation time) during that week, as provided in Section 4.1. 1f an employee elects to take another�day off in exchange for the holiday, the employee shall schedule such time off with the approval of his supervisor and shall be paid his regular straight time rate in lieu of being paid the additional time and one half for hours worked on the holiday. � 2011-2014 City of Federal Way Public Works and Parks Maintenance Employees 6.5 In the event the observation of a holiday falis on an employee's regular day off, the employee shall be granted another day off with pay, which date shall be by mutual agreement between the employee and the supervisor. 6.6 All full-time employees shall receive eight (8) hours of pay per holiday. Those employees whose work schedule consists of other than an eight (8) hour work day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. In lieu of using accrued leave for such purpose, the employee may request to work additional hours in the same scheduled workweek, which hours shall be mutually agreed upon in advance between the employee and the employee's supervisor. ARTICLE VII VACATIONS 7.1 Full-time employees shall accrue vacation leave at the following rate: Initial hire through the fifth (5th) complete year of continuous employment After five (5) full years of continuous employment After ten (10) full years of continuous employment After fifteen (15) full years of continuous employment After finrenty (20) full years of continuous employment 7.2 7.3 Eight (8) hours per month Eleven (11) hours per month Twelve and'h (12.5) hours per month Fifteen (15) hours per month Seventeen (17) hours per month Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at such times as the City finds most suitable after considering the wishes of the employee and the requirements of the department. An employee may not carry over to each subsequent calendar year more than finro hundred forty (240) hours of vacation. 7.4 Upon the effective date of the termination ot an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight- time hourly rate for any accrued unused vacation leave time up to a maximum of 240 hours, which shall be paid on the employee's final paycheck. 7.5 Service Leave — Regular employees in positions not eligible for Sabbatical Leave per Employee Guideline 8.12 will be provided a one-time accrual of 40 hours (prarated for regular part-time employees) of vacation leave after each consecutive 10 year period of continuous employment (ie: after 10 years, 20 years, 30 years, etc.). ARTICLE VIII LEAVES 8.1 Sick Leave - Full-time employees shall accumulate sick leave pay at the rate of eight (8) hours per month of service to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the employee's regular straight-time hourly rate of pay from and including fihe employee's first (1st) working day absent. g 2011-2014 City of Federal Way Public Works and Parks Maintenance Employees 8.1.1 Sick leave benefits may be used for bona fide cases of sickness, accidents, doctor and dental appointments of the employee, and to care for a dependent child (including step or foster} under the age of eighteen (18) who has a health condition that requires treatment or supervision, a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition as more particularly described in WAC 296-130. 8.1.2 Up to two hundred forty (240) hours of accrued sick leave may be used to care for the healthy newborn within twelve (12) months of the birth, adoption, or placement for foster care. This leave runs concurrent with applicable Federal and State family leave law available to the employee and does not extend available leave beyond that required by iaw. Approval of the schedule for using this leave is at #he sole discretian of the City. 8.1.3 Jf an employee exhausts his/her accrued sick leave, the employee has the option to use accrued vacation leave or compensatory time. 8.1.4 If the job related injury or illness requires the employee to be absent from work, the employee will be paid his/her regular pay for up to thirty (30) work days. The employee is "kept on salary" and is not required to use accrued leave and will not be eligible for State 'industrial insurance time loss payments. After thirty (30) "kept on salary" days, if the employee is not able to return to work, he/she will then be eligible for State industrial insurance time loss payments according to a set formula based on marital status and number of dependants. The Gity will continue to pay its portion of the health insurance premiums while the employee is "kept on salary." 8.1.5 Sick Leave Incentive — Any non-exempt smployee who has an accumulated sick leave balance of at least one hundred (100) hours on December 31st of each year and has used finrenty-four (24) or fewer hours of sick leave during the calendar year witl be eligible to receive twenty-four (24) hours of additional vacation accrual the following year. A non- exempt employee whose only use of sick leave was a donation of accrued sick leave as provided under the City's guidelines for shared leave is efigible to receive the sick leave incentive. 8.2 Bereavement Leave - An employee who has a member of his immediate family taken by death shall receive at the employee's option up to twenty-four (24) regularly scheduled hours off with pay as bereavement leave. Upon approval by the Employer an additional fifty-six (56) regularly scheduled hours of sick leave may be used by the employee. 8.2.1 "Immediate family" shall be defined as wife, husband, domestic partner, daughter, son, mother, father, sister, brother, aunt, uncle, mather-in-law, father-in-law, sister-in-law, brother-in-law, grandmother, grandfather, grandchildren, and equivalent step relations. 8.2.2 With Employer approval, an employee may use up to eight (8) hours of sick leave to attend the funeral of a close friend or relative other than those set forth within Section 8.2.1. 8.2.3 Based on unusual circumstances, the Employer may construe more broadly the definition of immediate family to other persons living within the employee's household, or others related to the employee by blood or marriage, or to established relationship having attributes to familial ties. 8.3 Jury Leave - The Gity acknowledges that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. fmployees will be provided up to sixty (60) regularly scheduled hours leave with pay per summons to participate as jurors or subpoenaed witnesses, unless appearing as a witness, plaintiff, or defendant against the City in legal action. Compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as g 2011-2014 City of Federal Way Pubfic Works and Parks Maintenance Employees wages from the City. The City shall have the right, at the City's expense and after consulting with the employee, to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. 8.3.1 If an employee has sufficient time to work one-half (1/2) day or more after being dismissed from jury duty or while waiting to be impaneled, he shall report to work that day. 8.4 Leave of Absence - Leaves of absence shall be at the discretion of the City. If approved by the City, an employee may take a teave of absence without pay or benefits. A leave of thirty one {31) days or less shalt not constitute a break in service. No seniority shall accrue during a ieave of absence that exceeds thirty-one (31) calendar days; provided however, seniority shall continue to accrue during Family Medical Leave under Section 8.7. Upon expira#ion of a leave of thirty one (31) days or less, the employee shall be retumed to his previously held job position. 8.5 Temqorary bisability Leave - Employees who are physically unable to perform the functions of their position for medical reasons other than on the job injuries and who have exhausted all accrued sick leave may, at the discretion of the City, be placed on temporary disability leave. A written request for a temporary disability leave must be submitted to the department director, along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. The City may request written verification from a licensed medical doctor that the employee is physically disabled and verification of the extent of such disability and the projected date for retum to work. Temporary disability leave shall only be granted for the period of disability and shall not exceed six (6) months. The Employer shall continue health insurance coverage for the employee only under COBRA during such leave, which shall be without pay. Upon the expiration of the temporary disability leave, the employee may request a leave of absence. 8.6 Shared Leave - Employees shall be eligible for shared leave in accordance with current City policy. 8.7 Family and Medical Leave - For the purposes of determining the twelve (12) week leave period provided by the Family and Medical Leave Act of 1993, such period shall run concurrent with the employee's accrued paid leave benefits. The amount of leave available for use is based on a rolling twelve (12) month period. 8.7.1 Washington Family Care — Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guidelines. 8.8 Military Leave - Employees shall be granted leave for official military duty in accordance with applicable state and federal law. ARTICLE IX HEF►LTH AND WELFARE BENEFITS 9.1 'Medical Insurance — The current medical insurance plan(s) and premium sharing shafl remain in effect through December 31, 2011. Effective January 1, 2012, the City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee coverage and ninety percent (90%) of the premium necessary for the purchase of dependent coverage (excluding spouses who have other coverage available #hrough his/her place of employment) under the Group Health Alliant Pius or Group Health direct insurance plans, as sefected by the employee. The City will reimburse actual out-of-pocket payments for out-of-network services paid towards the annual deductible under the Alliant Plus plan. 10 2011-2014 City of federal Way Public Works and Parks Maintenance Employees 9.2 Dentai insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Dental Service Rlan F. 9.3 Vision Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Western Vision Service Plan. 9.4 Life Insurance - There shall be no reduction in the life, long-term disability, and accidental death and dismemberment insurance benefits currently available to employees and their dependents. 9.5 Modifications — Benefit changes made by the insurer or the AWC Benefits Trust Board outside the control of the City shall not be prohibited. 9.6 Teamsters Pension - The bargaining unit shall have the right to divert a portion of any wage increases provided by this Agreement to the Western Conference of Teamsters Pension Trust at such time and in such amounts as may be determined by the bargaining unit. 9.7 federal Way Community Center Membership — While the City's budget for employee membership to Federal Way Community Center has been reduced by half for 2010 due to current economic conditions, the City has looked at ways to encourage continued FWCC use without significant cost increases to employees (which may discourage use), by using City funds more efficiently, and requiring nominal employee contributions, as more specifically indicated below: 1. Regular employees can sign up to receive 1) a multi-visit pass (11 visits for the price of 10, an $80 value) to the Federal Way Community Center for the 1� quarter 2010 by paying a$10 non-refundable employee contribution; or 2) a three month pass ($135 value) to the FWCC for the first quarter 2010 by paying a$25 non-refundable employee contribution. 2. Employees "enroll" at FWCC by 1) showing their identification card; 2) completing the applicable passholder agreement; 3) paying the non-refundable employee contribution for the multi-visit or 3 month pass by cash/check/credit card by the 15th of the first month of the quarter (January 15, April 15, July 15 and October 15). 3. Only one pass (either the multi-visit or the 3 month pass) per enrolled employee per quarter will be issued. 4. Employees who select the multi-visit pass must visit the FWCC 11 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initiak enrollment is required and allowed. 5. Employees who select the 3 month pass must visit the FWCC at least 18 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initial enrollment is required and allowed. 6. A"visit" is defined as "exercising within the FWCC for at ieast 20 minutes." "Walk—by visits" where an employee counts a visit when exercising outside is not allowed. 7. There are no exceptions to the pass visit requirements. 8. Employees who satisfy the visit requirements for their current pass during the quarter may switch from the multi-visit pass to the 3 month pass and vice versa for the following quarter by making the appropriate non-refundable contribution. The employee will be required to satisfy the requirements #or the pass selected in order to be eligible for either pass the following quarter. 9. Newly 'hired employees have the option of enrolling for the pass immediately of starting the first of the following quarter. 10. Employees who terminate employment will be able to use the pass for the remainder 11 2011-2Q14 Ciry of Federal Way Pubtic Works and Parks Maintenance Employees of the quarter when it will be deactivated. 11. Employees who have not satisfied the 11 visits required for the multi-visit pass during the quarter will be allowed to keep and use the multi-visit pass until all visits are used, however they will not be eligible for additional passes in subsequent quarters. 12. Passes are not transferable among employees or to any non-employee. 13. Employees must report lost passes to the FWCC so the pass can be deactivated. The employee will be charged a fee of $5 to replace lost passes. 14. The employee can upgrade to family passes on a quarterly basis by paying the difference befinreen the full cost of the selected pass and the quarterly family pass as follows: 3 month Upgrade: $201 family pass -$110 City contribution for empfoyee pass = $91 total employee cost {including $25 contribution to employee pass) Multi-visit Upgrade: $201 family pass -$70 City contribution for employee pass = $131 total employee cost (including $10 contribution to employee pass) 15. While the City anticipates adequate funding, should there be higher than projected use, passes will be issued as indicated above only until the funding is exhausted. Community Center membership as described above is being provided on a trial basis and may be modified or discontinued at the sole discretion of the City. ARTICLE X fQUIPMENT, UNIFORMS AND TRAINING 10.1 Equipment - The City shall provide each employee any safety equipment or protective clothing required as a condition of employment; including rain gear and steel-tced rubber boots. 10.2 Uniforms - The City shall continue to provide a standard issue of uniforms for employees. An employee may request an alternate combination of the uniform in order to best fit their needs related to the job assignment; provided however, that such combination shall not result in greater costs to the City than the standard issue. Following the initial uniform issue, the replacement of uniform items shall be based on need and any replacement requests must be authorized by the employee's supervisor. For the purposes of this Section, the standard uniform issue shall consist of: One (1) jacket Five (5) shirts Five (5) work pants Two (2) sweatshirts One (1) coverall 10.3 Safety Boots - The City will provide reimbursement of up to $190 per year or $380 over a two-year period for the purchase or repair, such as resoling, of leather steel-toed boots. 10.4 Trainin - The City shall compensate employees to attend Employer required training necessary for maintenance of mandatory job related certifications unless the employee fails to recertify, in which case time spent retesting shall be on the employee's own time and at no cost to the City. Employees required to attend such training shall be paid at the employee's regular straight-time hourly rate of pay unless otherwise required by the Fair Labor Standards Act. The Giry shall reimburse costs reasonably related to such training. Reimbursement for travel and other related expenses shall be in accordance with City policy. � 2 2011 City offederal,Way Public Works and Parks Maintenance Employees ARTICLE XI DISCIPLINE 11.1 The City shall not discipline or discharge any post-probationary employee without just cause. Disciplinary action shall be progressive in nature; provided hawever, prior disciplinary actions shall not be required when the cause of suspension or discharge is theft, intoxication, disregard of public or employee safety, insubordination or acts of parallel magnitude. The nature and severity of the discipline shall be determined on an individual basis according to the particular circumstances. Disciplinary actions shall be administered in a timely fashion. A copy of any written notice of disciplinary action shall be sent to the Union at the time it is issued to the employee. 112 Various disciplinary actions available may include, but are not limited to, the following: verbal waming (notation will be placed in the employee's personnel file), written warning, suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the employee's personnel file and given appropriate weight in subsequent personnel actions. 11.3 Discipline shall continue to be administered in accordance with Section 11.3 of the Ciry's Employee Guidelines as they presently exist or are hereafter amended. In the event of a conflict between the Employee Guidelines and the provisions of the Article, the provisions of this Article shall prevail. 11.4 When an employee is required by the City to attend an interview conducted by the City for purposes of investigating an incident which may lead to the loss of pay or position of that employee, the City shall advise the employee that he has the right to be accompanied at the investigatory intenriew by a representative of the Union. It is recognized that the employee may not insist that a particular Union representative be present. The foregoing provisions shall not apply to such run-of-the-mill conversations as, for example, the giving of instructions, training, employee evaluations or needed correction of wark techniques; nor shall they apply to meetings at which discipline is simply administe�ed. 11.5 The Union shall have the right to appeal any disciplinary action through the grievance procedure to determine whether the employee was properly disciplined; provided however, that appeal of any discipline to Step 3 of the grievance procedure shall be limited to disciplinary actions by the City that result in loss of pay (i.e. suspension) or position (i.e. discharge) of an employee. Other forms of discipline may be appealed through Step 1 and 2 of the grievance procedure and the decision of the City Manager shall be finaL 11.6 Except in cases of discharge, if the grievance procedure in Article XII will be used, the Union shall request in writing that the discipline not be administered unless and/or until it is sustained following completion of the grievance procedure. ARTICLE Xtl GRIEVANCE PROCEDURE 12.1 A grievance shall be defined as a dispute pertaining to the proper application and interpretation of any and all of the provisions of this Agreement. The sole and exclusive method of processing grievances shall be by utilizing the following procedure: 12.1.1 STEP 1- A grievance shall first be presented to the employee's immediate supervisor within fourteen (14) calendar days of its occurrence, or the date the employee should have reasonably known of its occurrence (but in no event more than 60 days), or it shall not be subject to the grievance procedure. Upon receiving the grievance, the Supervisor shall meet with the employee within fourteen (14) calendar days and shall attempt to resolve the grievance within fourteen (14} calendar days of said meeting, with a copy to the Unton. 13 2011-2014 City of Fec�ral Way Public Works and Parks Maintenance Employees 12.1.2 STEP 2- If the grievance is not resolved at STEP 1, the grievance, in writing, may be presented to the Department Director by the Union. The written grievance shall be submitted to the City within fourteen (14) calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agreement allegedly violated and the remedy sought. The Department Director shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Department Director shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. 12.1.3 STEP 3- If the grievance is not resolved at STEP 2, the grievance may be advanced to the Mayor or designee within fourteen (14) calendar days of the Union's receipt of the STEP 2 response. The Mayor or designee shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Mayor or designee shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. 12.1.4 STEP 4- If the grievance is not resolved at STEP 3, the Union may refer the matter to a third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate shall first be made to the Mayor or designee within fourteen (14) calendar days of the Union's receipt of the STEP 3 response. As soon as possible thereafter, the parties shall request a list of names from the Washington State Public Employment Relations Commission (PERC) Dispute Resolution Panel and shall meet to select the arbitrator by alternately striking names from the list of PERC arbitrators until only one (1) name remains. The remaining names shall serve as the impartial arbitrator who shall conduct a hearing and issue a decision which shall be final and binding upon all parties to the dispute. 12.2 If any of the a�bitrators are not available, a replacement shall be selected by mutual agreement of the parties. 12.3 The arbitrator shall have no power to change, alter, detract from or add to the provisions of this Agreement, but shall have the power only to apply and interpret the provisions of this Agreement in reaching a decision. 12.4 Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall be borne equally by the City and the Union. 12.5 The timelines contained within each step of the Grievance Procedure may be waived/extended by agreement between the Employer and the Union. ARTiCLE XIII MISCELLANEOUS 13.1 Gender - Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply to either gender. 13.2 Benefits for Regular Part-Time Employees - Except as otherwise provided in this Agreement, regular part-time employees shalt receive holidays, vacation, leaves, and fiealth and welfare benefits on a pro rata basis in the same percentage as the employee's regularly scheduled hours relate to a forty (40) hour week. For example, if a regular part- time employee normally works twenty (20) hours per week, the smployee shall receive 20/40ths, or fifty percent (50%), of the benefits received by a full-time employee. 13.3 Labor-Management Conference Committee - The City and the Union shall establish a Joint Labor-Management Conference Committee which shall be comprised of participants from both the City and the Union. The function of the Committee shall be to meet periodically to discuss issues of general interest and/or concern, as opposed to 14 2011-2014 Ciry of federal Way Public Works and Parks Maintenance Employees individual complaints, for the purpose of establishing a harmonious working relationship between the empioyees, the City and the Union. It is not the purpose of the Committee to reopen collective bargaining negotiations or to change the terms of this Agreement. Either the City or the Union may request a meeting of the Committee. The party requesting the meeting shall do so in writing listing the issues they wish to discuss. 13.3.1 In the event a contracting out decision by the City is expected to result in the layoff of bargaining unit member(s), the Union may address the issue(s) in advance in Labor- Management Conference Committee pursuant to Article 13.3. 13.4 Entire Aqreement - The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. Anything not covered by this Agreement shall not be construed as part of this Agreement. 13.5 Continuation of Work - The Union and its members, as individuals or as a group, will not initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work stoppage, slow down, or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established by any other labor organization when called upon to cross such picket line in the line of duty provided, however, that the City will not require employees to cross a picket line when notified by the employees of circumstances which a reasonable person would perceive as a clear, imminent threat of violence to the employees. Disciplinary action, up to and including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article. 13.5.1 In the event of a strike, work stoppage, slowdown, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification attempt to secure an immediate and orderly return to work of employees under the Union's jurisdiction. 13.5.2 Failure of an employee to retum to work within twenty-four (24) hours of notice by the Union or Employer that such failure to comply is in violation of this Article shall forFeit their right to protest discipline or discharge through the grievance procedure. 13.6.1 Drug and Alcohol Testing - The parties have agreed to implement the Department of transportation requirements for CDL drug and alcohol testing and the City of Federal Way Drug and Alcohol Testing Policy and Procedure. The agreement of the parties shall be made part of this Agreement and incorporated herein. 13.7 Union Business. The City shall afford a reasonable amount of time for union meetings on City property during breaks or lunch periods. The City resenres the right to refuse to allow the meeting on City property when it determines that the meeting will interfere with Gity operations. The union representative and/or employees shall give the supervisor as much advance notice as reasonably possible. 13.8 Domestic Partner — A person whom a City employee identifies as his or her domestic partner by completing an A�davit of Domestic Partnership will be provided the same consideration as an employee's "spouse" for purposes of this Agreement. ARTICLE XIV MANAGEMENT RIGHTS 14.1 Except as otherwise expressly provided in this Agreement, the City has the right to determine how to provide municipal services, including without limitation, the right to contract out or assign bargaining unit work to non-bargaining unit personnel and to non- City employees; to contract out for goods and services (the City recognizes the intrinsic value of employing regular full-time staf�; to determine and modify hours of work and 15 2011-2014 City of Federal Way Public Works and Parks Maintenance Emp{oyees work schedules; to schedule vacation leave and other absences from work; to hire, layoff, promote, demote, train and transfer employees; to determine and modify job designs, duties and qualifications of job classifications; to assign work and make use of the valuable contributory service of volunteers; to manage and direct employees; to establish and enforce reasonable rules and regulations and standards of performance, attendance and conduct; to discipline and discharge employees; to determine the size and composition of the workforce; to determine the methods, location, means and processes by which work shall be accomplished; to determine and modify the services to be rendered; to evaluate employees; to schedule overtime work as required and most advantageous to the City; to determine safety, health and property protection measures for the City; to select and use equipment and supplies; to require medical/physical examinations as necessary to ensure that employees are medically qualified to perform the essential functions of the job; to build, move or modify its facilities; to take whatever actions are necessary in the event of an emergency; and to perform all other functions not expressly limited by this Agreement. Employee Guidelines - The City of Federal Way Policies (e.g. Employee Guidelines) shalt apply ta members of this bargaining unit. However, in the event of a conflict between a provision of this Agreement and any guideline, regulation, ordinance and/or rule of the City, the provision of this Agreement shall control. It is also expressly understood that the grievance procedures in this Agreement completely replace (and are not in addition to) any process set forth in such Federal Way Policies and completely replace any appeal process of any other City Board, Department, Commission or Agency of the City, and further that employees covered in this Agreement shall not have recourse to any such set of procedures. In addition, the parties agree that the City has the sole right to amend, modify, adopt or change any policies (that are not mandatory subjects of bargaining), including the Employee Guidelines, without first negotiating such change with the Uniorr. ARTICLE XV SAVINGS CLAUSE 15.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement or any provision should be retained by such tribunai pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid and shafl remain in full force and effect. The City and the Union shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such provision during the period of invalidity or restraint. ARTICLE XVI DURATION 16.1 Except for those provisions that state otherwise, this Agreement shall be effective January 01, 2011, and shall remain in full force and effect through December 31, 2014. [signatures on next page] 16 2011-2014 City of Federal Way Public Works and Parks Maintenanoe Employees PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By 'David A. Grage, Secretary-Treasurer Date CITY OF FEDERAL WAY, WASHINGTON By Date Skip Priest, Mayor APPROVED AS TO FORM: Patricia Richardson, City Attorney 2011-2014 Gity of Federal Way Public Works and Parks Maintenance Employees 17 APPENDIX "A" to the AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Pubiic Works and Park Department Maintenance Employees) January 01, 2011 through December 31, 2014 THIS APPENDIX is supplemental to the AGREEMENT by and befinreen the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESStONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, a�liated with the Intemational Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 1, 2011, the classifications of work and rates of pay for each classification covered by this Agreement shall be as follows: CLASSIFICATtON Range/Title A 14 Custodian 2889 21 MW1 3653 26 MW2 4034 26 Aquatic Facility 4034 Operator B 3019 3819 4215 4215 MONTHLY RATES OF PAY C D E 3155 3297 3445 3989 4168 4357 4405 4603 4809 4405 4603 4809 F 3658 4582 5108 5108 A2. In any year covered by this contract, if the non-represented City employees receive any across the board economic gain (increase in sick leave accrual, increase in personal day accrual, increase in vacation day accruat) and/or a general wage increase across the board, then the classifications covered by this Agreement shall receive the same increase. A3. Should the City enter into a comp study for the non-represented City employees and/or management, a comp study shall be performed for the classifications covered by this Agreement. If the City implements the results (increases only) of the comp study to the non-represented City employees and/or management, the results (increases only) shall also be implemented as to the classifications covered by this Agreement, as well. A4. Effective January 1, 2012, one additionaf personal day (8 hours) to be used no later than December 31, 2013. Effective January 1, 2013, one additional personal day (8 hours) to be used no later than December 31, 2014. The time off wil I be mutually scheduled, recognizing that the Department Director has complete discretion in scheduling these extra days to avoid overtime and to ensure adequate coverage. The Gity will not reimburse for these extra days. These extra days are one time only for resolution of the collective bargaining agreement. PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affilia#ed with the International Brotherhood of Teams#ers BY David A. Grage, Secretary-Treasurer Date CITY OF PEDERAL WAY, WASHINGTON BY. Skip Priest, Mayor Date 18 3011-2014 City of Federal Way Public Works and Parks Maintenance Employees COUNCIL MEETING DATE: January 1'7, 2012 CITY COUNCIL AGENDA BILL ITEM #: �p � SUBJECT: PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH THE TEAMSTERS — MUNICIPAL COURT CLERKS POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED COLLECTIVE BARGAINING AGREEMENT WITFI THE TEAMSTERS — MUNICIPAL COURT CLERKS? COMMITTEE• n/a CATEGORY: ❑ Consent � City Cauncil Business ❑ Ordinance ❑ Resolution MEETING DATE: 0 Public Hearing ❑ Other STAFF REPORT BY: Pat Richardson Cit�+ Attorne _____ DEPT: Law _...........__......._........__._.._.....----.._....._ .............._..._............._................._...._......__....�...__._......_..........._..__....__....Y __....._......_._....._.....__...._.........�......._..__.._...._......,----._..__.....__._..._..._.._._.._....------------------�-- The collective bargaining agreement with the Teamsters — Municipal Court Clerks expired December 31, 2010. The parties have been in negotiarions for over a year and have reached a tentative agreement as set forth in the proposed collective bargaining agreement (CBA). Salient points of the agreement are: (1) change of healthcare insurance providers; (2) a one time 8 hours to settle the contract; (3) a one time 8 hours to recognize Teamsters were first union to agree to switch to Group Health; (4) no wage increase for 2011 — 2014 unless the non-represented employees, as a whole, receive some form of increased compensation; and (5) this new contract lasts through December 31, 2014. The issue conceming the definition of temporary/seasonal workers remains outstanding, with a hearing on the matter scheduled for February 16 and 17, 2012. Attachments: Proposed CBA with t6e Teamsters — Municipal Court Clerks. Options Considered: 1. Approve the CBA with the Teamsters — Municipal Court Clerks. 2. Reject the CBA with the Teamsters — Municipal Court Clerks and provide direction to Staff for further negotiations. MAYOR'S RECOMMENDATION Option 1 MAYOR APPROVAL: CITY OF FEDERAL WAY Committee COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: ouncil Committee Council Committee C hair Committee Member Committee Member PROPOSED COUNCIL MOTION: " moue approval o f Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL AG I'IOPi: � APPROVED COUNCIL BILL # � DENIED lsT reading ❑ TABLED/DEFERRED/NO ACTION Ensctment reading � 1VIOVED TO SECOND READII�iG (ordinances only) ORDINANCE #� REVISED— 02/06/2006 RESOLUTION # AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFiCE-CLERICAL EMPlOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Municipal Court Clerk Employees) January 1, 2011 through December 31, 2014 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTIGLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION .......................... 1 ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES ................................. 2 ARTICLE III HOURS OF WORK ............................................................................................................ 3 ARTICLEIV OVERTIME ......................................................................................................................... 4 ARTICLEV WAGES .............................................................................................................................. 5 ARTICLEVI HOLIDAYS .......................................................................................................................... 5 ARTICLE VII VACATIONS ....................................................................................................................... 6 ARTICLEVIII LEAVES .............................................................................................................................. 7 ARTICLEIX HEALTH AND WELFARE .................................................................................................. 9 ARTIC�E X DISCIPLINE ...................................................................................................................... 10 ARTICLE XI GRIEVANCE PROCEDURE ............................................................................................ 10 ARTICLE XII MISCELLANEOUS .................................................:......................................................... 12 ARTICLE XIII MANAGEMENT RIGHTS ................................................................................................. 13 ARTICLE XIV SAVINGS CLAUSE .......................................................................................................... 14 ARTICLEXV DURATION ....................................................................................................................... 14 APPENDIX "A" CLASSIFICATIONS AND RATES OF PAY ...................................................................... 15 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL 8� OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the City of Federal Way Municipal Court Clerk Employees) January 1, 2011 through December 31, 2014 THIS AGREEMENT is by and between the CITY OF FEDERAL WAY MUNICIPAL COURT, hereinafter referred to as the Court, the C1TY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. The Municipal Court is the judicial branch of govemment and the operations of the Court are separate from the operations of other City departments. Accordingly, in this Agreement the Court is responsible for the hours, working conditions, staffing, and discipline of the Court Clerks; and the City is responsible for the wages, except when related to discipline, and benefits of the Court Clerks. ARTICLE I RECOGNITION UNION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 Recognition — The Court and the City recognize the Union as the sole and exclusive collective bargaining representative for all full-time and regular part-time court clerks within the Municipal Court of the City of Federal Way, excluding supervisors and casual employees. 1.1.1 For the purposes of this Agreement, a"casualltemporary" employee shall be defined as an individual employed for less than twelve hundred (1200) hours in a rolling finrelve (12) consecutive month period. In the event an individual employed as a casual/temporary employee is employed for more than twelve hundred (1200) hours in a rolling twelve (12) consecutive month period, the employee shall begin receiving all of the benefits set forth within the Agreement as if he/she were a regular employee. 1.2 Union Membership - It shall be a condition of employment that each current employee covered by this Agreement shall within thirty (30) days of the signature date of this Agreement become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way unless another organization is agreed to by the Union and the City. It shall also be a condition of employment that each employee covered by this Agreement and hired on or after the signature date of this Agreement shall, within thirty (30) days of the beginning of such employment, become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way or other organization agreed to by the Union and the City. 1.2.1 in the event a bargaining unit employee who is not a member of the Union requests the Union to use the grievance procedure on the employee's behalf, the Union may charge the employee for the reasonable costs of processing the grievance, provided the Union notifies the employee of such costs in advance. 1.3 Pa�oll Deduction - Upon written authorization of an employee, the City shall deduct from � the pay of such employee the monthly dues and initiation fees as certified by the Union and shall transmit the same to the Secretary-Treasurer of the Union monthly. The City shall deduct from the pay of an employee who elects not to join the Union the fees in-lieu of the Union initiation fee and monthly dues and shall remit the same to the agreed upon charity monthty. The Union shall defend the City and hold the City harmless against any 2011-2014 City of Federal Way Municipal Court Clerk Employees claims brought against the City by an employee arising out of the City making a good- faith effort to comply with this Section. 1.4 Union Notification - Within seven (7) days from the date of hire of a new employee, the City shall fonivard to the Union the name, address and telephone number of the new employee. The City shall promptly notify the Union of all employees leaving its employment. 1.5 Bulletin Boards - The Court shall provide suitable space for a bulletin board at the Municipal Court. Postings by the Union on the bulletin board shall be confined to official business of the Union; provided such notices shall not be derogatory of the Employer, its elected officials or other personnel. 1.6 Shop Steward — The Union may appoint a shop steward for the bargaining unit. The shop steward shall be a regular employee. The function of the shop steward shalt be to meet with the Employer concerning matters vital to the employees in the bargaining unit; provided, however, the shop steward's role shall not interfere with the normal functioning of the Employer. Prior permission from the employee's supervisor shall be obtained whenever a shop steward's activities during regular work hours are involved. The shop steward or the Union sha►I be the only one to take up with the Employer any alleged violation of this Agreement that reaches Step 2 of the grievance procedure. The Union shall be the only party with the authority to appeal any grievance to Step 3 of the grievance procedure. 1.7 Union Officer Leave — An employee elected or appointed to a Union office may, upon timely application and approval thereof by the City, be given leave of absence up to sixty- four (64) hours, per year, to attend Union conferences or Union workshops. The leave shall be without pay and without loss of seniority. The City reserves the right to deny the request depending upon staffing levels and/or the adverse impact on the operations. ARTICLE II PROBATION PERIOD LAYOFF RECALL AND JOB VACANCIES 2.1 Probation Period - A new employee shall be subject to a twelve (12) month probation period commencing with his/her most recent first date of hire in a bargaining unit position. During this period, such employee shall be considered as being employed on trial basis, subject to immediate dismissal at any time at the sole discretion of the Court. Discharge o# an employee during his probation period shall not be subject to the grievance procedure. 2.2 Seniori - An employee's seniority shall be defined as that period of compensated work for the City from the employee's most recent first day of compensated work within a position now covered by the bargaining unit. Any time of uncompensated leave in excess of thirty-one (31) calendar days shall be deducted from the employee's seniority. 22.1 An employee's seniority shall be broken so that no prior period of employment shall be counted and his seniority shall cease upon: Discharge for cause as deflned in Articfe X; Voluntary quit; Leaving the bargaining unit to accept a position with the City outside of the bargaining unit; Failure of the employee to notify the City or the Court of his/her willingness to return to work upon recall from an indefinite layoff within ten (10) calendar days after mailing of written notice from the City to his/her last known address appearing on the City's records; 2 2011-2014 City of Federal Way Municipal Court Clerk Employees Layoff exceeding twenty-four (24) months; and/or A Leave of absence exceeding six (6) months. 2.2.2 Each calendar year, upon the request of the Union, the City shall provide the Union with a seniority list showing the name of each employee within the bargaining unit, his/her present classification and his first date of compensated work within the bargaining unit. 2.3 �ayoff - In case of a layoff, employees shall be retained on the basis of job pertormance and length of continuous service. When job performance is relatively equal, the employee with the shortest length of continuous service shall be laid off first. Relative job performance shall be determined on the basis of qualifications, recent job performance evaluations and current job evaluations. Qualifications shall be determined by the knowledge, abilities and skills required for the affected position, as stated in the classification descriptions, and the employee's ability to perform the remaining work without further training. 2.4 Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on layoff shall keep both the City and the Union informed of the address and telephone number where he can be contacted. When the City is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the City are able to contact the employee within seven (7) calendar days from the time the Union is notified, the City's obligation to recall the employee shall cease. 2.4.1 The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period of twenty-four (24) months. Should an employee not retum to work when recalled, the City shall have no further obligation to recall him/her. 2.5 Job Vacancies - Opportunities for promotion within the bargaining unit shall be posted on the work site bulletin board for not less than seven (7) calendar days, during which time employees who have completed their probation period may apply. Posted job opportunities shall contain an adequate description of the job duties and the rate of pay. It is the intent of the parties to provide qualified employees with opportunities for promotion; provided however, the City shall determine who is the best qualified person for the job. ARTICLE III HOURS OF WORK 3.1 Hours of Work - The normal work schedule for full-time employees shall consist of five (5) consecutive days of eight (8) consecutive hours, Monday through Friday, excluding the meal period. The core hours for the workday shall be from 8:00 A.M. to 4:30 P:M. 3.1.1 Nofinrithstanding the foregoing, changes in starting times for each employee may be made by the Court based upon demands for service, reasonable operating needs of the Court and natural consequences. 3.2 Flex Time - By mutual agreement between the employee and the Court, an employee may be assigned a schedule other than as set forth within Section 3.1. 3.3 Rest Periods - Empioyees shalf receive a rest period of fifteen (15) minutes on the Court's time for each four (4) hours of working time. Rest periods shatl be scheduled as near as possible to the midpoint of each four (4) hour work period. No employee shall be required to work more than three (3) hours without a rest period. By mutual agreement between the employee and the Court, the rest periods may be taken at a time other than stated above. 3.4 Meal Periods - Employees shall receive a meal period of thirty (30) minutes which shall 3 2011-2014 City of Federal Way Municipat Court Glerk Employees be on the employee's own time and which shall commence no less than three (3) nor more than five (5) hours from the beginning of the shift. By mutual agreement between the employee and the Court, the meal period may be taken at a time other than stated above. Employees who work more than three (3) hours longer than their normal workday may, at the option of the employee, receive an additional unpaid meal period before or during their overtime. ARTICLE 1V OVERTIME 4.1 Overtime -"Overtime" is defined as authorized hours worked in excess of forty (40) hours in an employee's seven-day work week or eight (8) hours per day, unless an alternate work schedule has been estabtished by the Court for a particular work unit or individual. "Hours worked" for purposes of determining overtime pay shatl include holidays, vacation and sick feave, but shall not include any other time compensated but not worked. The standard "work week" consists of the period from midnight Saturday to 11:59 P.M. the following Saturday. 4.2 Compensatory Time - An employee may request compensatory time off in lieu of overtime payment, subject to approval and scheduling by the Court. Compensatory time shall be taken at the rate of one and one-half (1-1/2) times the actual time worked. Employees shall be encouraged to use compensatory time accrued within ninety (90) days of earning it, whenever possible. In no event may compensatory time be accrued in excess of eighty (80) hours (i.e. 53.33 hours x 1.5 = 80 hours). 4.3 Temporary Assignment Pay - When an employee is temporarily assigned to substitute for an absent bargaining unit employee in a higher classification, the employee shall receive five percent (5%) above his/her regular rate of pay or Step A in the higher classification (whichever is greater) for hours worked in such temporary assignment. No temporary assignment pay shall be paid for a period of time less than five (5) working days. The added compensation shall cease when the assignment ends. 4.3.1 Temporary assignment pay for assignments in which the bargaining unit employee works as a substitute in the absence of an employee working in a non-bargaining unit position shall be administered and compensated pursuant to applicable City policy. Any such assignment in excess of ten (10) consecutive working days shall be by mutual agreement between the employee and the City. 4.3.2 Unless otherwise provided herein, assignment of employees to temporary assignments in or out of the bargaining unit and the duration of such assignments shall remain at the sole discretion of the Court. 4.4 'Non-Pyramidin4 — Premium or overtime pay shall not be duplicated or pyramided, unless required by the Fair Labor Standards Act (FLSA). Premium or overtime pay shall be based on the employee's regular straight-time rate of pay. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. ARTICLE V WAGES 5.1 The classifications of work and monthly rates of pay for employees covered by this Agreement shall be set forth within Appendix "A'" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the Court may designate a job classification title and the City may designate the salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent contract are negotiated, or six {6) months after the classification is established, whichever is earlier. q 2011-2014 Gity of Federal Way Municipal Court Clerk Employees 5.2 Payment Upon Promotion — In the event an employee is promoted, the parties agree that the employee will be placed at Step A of the applicable range or at the step that represents at least a five percent (5%) increase. 5.3 Step increases Based Upon Merit — Step increase may be withheld or delayed for employee performance that does not meet standards, provided that the employee's deficiencies have been discussed and documented with the employee at least sixty (60) days in advance of the performance evaluation date to allow the employee sufficient time to correct his/her performance standards. Performance Standards are defined as meeting ninety percent (90%) or above of the "meets expectations" category in the evaluation form. ARTICLE VI HOLIDAYS 6.1 Employees shall receive the following holidays off with compensation at their regular straight-time hourly rate of pay: New Year's Day Martin Luther King, Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day Following Thanksgiving Day Christmas Day January 1st 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1 st Monday of September November 11th 4th Thursday of November December 25th 6.1.1 Holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be observed on the following Monday. Any holiday falling on Saturday shall be observed on the preceding Friday. 6.1.2 A holiday added to those set forth in this article granted to another bargaining unit of City employees or the majority of City employees shall be provided to the bargaining unit, unless said holiday conflicts with the Court schedule, whereupon it shall be provided as an additional floating holiday. 6.2 If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be utilized rather than charged against the employee's accrued vacation or sick leave. 6.3 Regular employees employed as of January 1st and new regular employees starting employment befinreen January 1 st and June 30th of each year will accrue eight (8) hours as a Floating Holiday, and regular employees employed as of July 1st of each year will accrue eight (8) hours as a Floating Holiday. The floating holidays must be used during the calendar year, which shall be taken at a time agreed by the employee and supervisor. 6.4 All full-time employees shall receive eight (8) hours of pay per holiday. Those employees whose work schedule consists of other than an eight (8) hour work day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. {n lieu of using accrued leave for such purpose, an employee may request to work additional hours in the same scheduled workweek, which shall be mutually agreed upon in advance between the employee and the employee's supervisor. 6.5 In the event the City requires an employee to work a holiday, the parties will enter into negotiations to arrive at an agreement as to the compensation for hours worked on a holiday. 5 2011-2014 City of Federal Way Municipal Court Clerk Employees ARTICLE VII VACATIONS 7.1 Full-time employees shall accrue vacation leave at the following rate: Initial hire through the fifth (5th} complete year of continuous employment After five (5) full years of continuous employment After ten (10) full years of continuous employment After flfteen (15) full years of continuous employment After twenty (20) full years of continuous employment 7.2 7.3 Eight (8) hours per month Eleven (11) hours per month Twelve and'/z (12.5) hours per month Fifteen (15) hours per month Seventeen (17) hours per month Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at such times as the Court finds most suitable after considering the wishes of the employee and the requirements of the department. An employee may not carry over to each subsequent calendar year more than two hundred forty (240) hours of vacation. 7.3.1 During January, the Court shall conduct a bid for vacations for that current year. The bid shall be by seniority. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be granted dependent upon Court needs on a first come, first served basis. The Court shall make the determination of how many employees may be on vacation at any one time. Any vacation requests approved as of December 29, 2011 shall not be affected. 7.4 Upon the effective date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight- time hourly rate for any accrued unused vacation leave time, which shall be paid on the employee's final paycheck, up to two hundred forty (240) hours maximum. ARTICLE VIII LEAVES 8.1 Sick Leave - Full-time employees shall accumulate sick leave pay at the rate of eight (8) hours per month of service to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the employee's regular straight-time hou�ly rate of pay from and including the employee's first (1st) working day absent. 8.1.1 Sick leave benefits may be used for bona fide cases of sickness, accidents, doctor and dental appointments of the employee, and to care for a dependent child (including step or foster) under the age of eighteen (18) who has a health condition that requires treatment or supervision, a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition as more particularly described in WAC 296-130. 8.1.2 If an employee exhausts his/her accrued sick leave, the employee has the option to use accrued vacation leave or compensatory time. 8.1.3 If the job related injury or illness requires the employee to be absent from work, the employee will be paid his/her regular pay for up to thirty (30) work days. The employee is "kept on salary" and is not required to use accrued leave and will not be eligible for State industrial insurance time loss payments. After thirty (30) "kept on salary" days, if the 6 2011-2014 City of Federal Way Municipal Court Clerk Emptoyees employee is not able to return to work, he/she will then be eligible for State industrial insurance time loss payments according to a set formula based on marital status and number of dependants. The City will continue to pay its portion of the health insurance premiums while the employee is "kept on salary." 8.1.4 Sick Leave Incentive — Any non-exempt employee who has an accumulated sick leave balance of at least ane hundred (100) hours on December 31st of each year and has used twenty-four (24) or fewer hours of sick leave during the calendar year will be eligible to receive twenty-four (24) hours of additional vacation accrual the following year. 8.1 S Up to two hundred forty (240) hours of accrued sick leave may be used to care for the healthy newborn within twelve (12) months of the birth, adoption, or placement for foster care. This leave runs concurrent with applicable Federal and State family leave law available to the employee and does not extend available teave beyond that required by law. Approval of the schedule for using this leave is at the sole discretion of the City. 8.2 Bereavement Leave - An employee who has a memb�r of his immediate family taken by death shall receive at the employee's option up to twenty-four (24) regularly scheduled hours off with pay as bereavement leave. Upon approval by the Court an additional fifty- six (56) regularly scheduled hours of sick leave may be used by the employee. 8.2.1 "Immediate family" shall be defined as wife, husband, domestic partner, daughter, son, mother, father, sister, brother, aunt, uncle, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandmother, grandfather, grandchildren, and equivalent step relations. 8.2.2 With the Court's approval, an employee may use up to eight (8) hours of sick leave to attend the funeral of a close friend or relative other than those set forth within Section 8.2.1. 8.2.3 Based on unusual circumstances, the Court may construe more broadly the definition of immediate family to other persons living within the employee's household, or others related to the employee by blood or marriage, or to established relationship having attributes to familial ties. 8.3 Jury Leave - The City and Court acknowledge that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. Employees will be provided up to sixty (60) regularly scheduled hours leave with pay per summons to participate as jurors or subpoenaed witnesses, unless appearing as a witness, plaintiff, or defendant against the City in legal action. Compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as wages from the City. The Court shall have the right, at the Court's expense and after consulting with the employee, to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the Court or other personneL 8.3.1 If an employee has sufficient time to work one-half (1/2) day, or more after being dismissed from jury duty or while waiting to be impaneled, he/she shall report to work that day. 8.4 Leave of Absence - teaves of absence shall be at the discretion of the City and the Court. If approved by the Gity and the Court, an employee may take a leave of absence without pay or benefits. A leave of thirty one (31) days or less shall not constitute a break in seroice. No seniority shall accrue during a leave of absence that exceeds thirty-one (31) calendar days; provided however, seniority shall continue to accrue during Family Medical Leave under Section 8.7. Upon expiration of a leave of thirty one (31) days or less, the employee shall be returned to his previously held job position. 7 2011-2014 City of Federal Way Municipal Court Clerk Employees 8.5 Temqorary Disability Leave - Employees who are physically unable to perform the functions of their position for medical reasons other than on the job injuries and who have exhausted all accrued sick leave may, at the discretion of the City, be placed on temporary disability leave. A written request for a temporary disability leave must be submitted to the department director, along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. The City may request written verification from a licensed medical doctor that the employee is physically disabled and verification of the extent of such disability and the projected date for return to work. Temporary disability leave shall only be granted for the period of disability and shall not exceed six (6) months. The Employer shall continue health insurance coverage for the employee only under COBRA during such leave, which shall be without pay. Upon the expiration of the temporary disability leave, the employee may request a leave of absence. 8.6 Shared Leave - Employees shall be eligible for shared leave in accordance with current City policy. 8.7 Family and Medical Leave - For #he purposes of determining the twelve {12) week leave period provided by the famify and Medicat Leave Act of 1993, such period shall run concurrent with the employee's accrued paid leave benefits. The amount of leave available for use is based on a rolling twelve (12) month period. 8.7.1 Washington Family Care — Employees may use sick leave for family care purposes in accorctance with state law and the City's Employment Guidelines. 8.8 MilitarY Leave - Employees shall be granted leave for official military duty in accordance with applicable state and federal law. ARTICLE IX HEALTH AND WELFARE BENEFITS 9.1 Medical Insurance — The current medical insurance plan(s) and premium sharing shall remain in effect through December 31, 2001. Effective January 1, 2012, the City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee coverage and ninety percent (90%) of the premium necessary for the purchase of depentlent coverage (excluding spouses who have other coverage available through his/her place of employment) under the Group Health Alliant Plus or Group Health direct insurance plans, as selected by the employee. The City will reimburse actual out-of-pocket payments for out-of-nefinrork services paid towards the annual deductible under the Alliant Plus plan. 9.2 Dentaf Jnsurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Dental Service Plan F. If the City provides orthodontia coverage for non-represented employees, the benefit shall also be provided to the bargaining unit. 9.3 Vision lnsurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Westem Vision Service Plan. 9.4 Life Insurance - There shall be no reduction in the life, long-term disability, and accidental death and dismemberment insurance benefits currently available to employees and their dependents. 9.5 Modifications - Benefit changes made by the insurer or by the AWC Benefits Trust Board outside the control of the City shall not be prohibited. $ 2011-2014 Ciry of Federal Way Municipal Court Clerk Employees 9.6 Teamsters Pension - The bargaining unit shall have the right to divert a portion of any wage increases provided by this Agreement to the Western Conference of Teamsters Pension Trust at such time and in such amounts as may be determined by the bargaining unit. 9.7 Federal WaY Community Center Membership — While the City's budget for employee membership to Federal Way Community Center has been reduced by half for 2010 due to current economic conditions, the City has looked at ways to encourage continued FWCC use without significant cost increases to employees (which may discourage use), by using City funds more e�ciently, and requiring nominal employee contributions, as more specifically indicated below: 1. Regular employees can sign up to receive 1} a multi-visit pass (11 visits for the price of 10, an $80 value) to the Federal Way Community Center for the 1 quarter 2010 by paying a$10 non-refundable employee contribution; or 2) a three month pass ($135 value) to the FWCC for the first quarter 2010 by paying a$25 non-refundable employee contribution. 2. Employees "enroll" at FWCC by 1) showing their identification card; 2) completing the applicable passholder agreement; 3) paying the non-refundable employee contribution for the multi-visit or 3 month pass by cash/check/credit card by the 15th of the first month of the quarter (January 15, April 15, July 15 and October 15). 3. Only one pass (either the multi-visit or the 3 month pass) per enrolled employee per quarter will be issued. 4. Employees who select the multi-visit pass must visit the FWCC 11 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initial enrollment is required and allowed. 5. Emptoyees who select the 3 month pass must visit the FWCC at least 18 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initial enrollment is required and allowed. 6. A"visit" is defined as "exercising within the FWCC for at feast 20 minutes." "Walk—by visits" where an employee counts a visit when exercising outside is not allowed. 7. There are no exceptions to the pass visit requirements. 8. Employees who satisfy the visit requirements for their current pass during the quarter may switch from the multi-visit pass to the 3 month pass and vice versa for the following quarter by making the appropriate non-refundable contribution. The employee will be required to satisfy the requirements for the pass selected in order to be eligible for either pass the following quarter. 9. Newly hired employees have the option of enrolling for the pass immediately of starting the first of the following quarter. 10. Employees who terminate employment will be able to use the pass for the remainder of the quarter when it will be deactivated. 11. Employees who have not satisfied the 11 visits required for the multi-visit pass during the quarter will be allowed to keep and use the multi-visit pass until all visits are used, however they will not be eligible for additional passes in subsequent quarters. 12. Passes are not transferable among employees or to any non-employee. 13. Employees must report lost passes to the FWCC so the pass can be deactivated. The employee will be charged a fee of $5 to replace lost passes. 14. The employee can upgrade to family passes on a quarterly basis by paying the difference between the full cost of the selected pass and the quarterly family pass as follows: 3 month Upgrade: $201 family pass -$110 City contribution for employee pass = $91 total employee cost (including $25 contribution to employee pass) Multi-visit Upgrade: $201 family pass -$70 City contribution for employee pass = $131 total employee cost (including $10 contribution to employee pass} g 2011-2014 City of Federal Way Municipat Court Clerk Employees 15. While the Gity anticipates adequate funding, should there be higher than projected use, passes will be issued as indicated above only until the funding is exhausted. Community Center membership as described above is being provided on a trial basis and may be modified or discontinued at the sole discretion of the City. ARTICLE X DISCIPLINE 10.1 The Court shall not discipline or discharge any post-probationary employee without just cause. Disciplinary actian shall normally be progressive in nature; provided however, the nature and severity of the discipline wilf be determined on an individual basis according to the particular circumstances. A copy of any disciplinary action set forth in Section 10.2 shall be sent to the Union at the time it is issued to the employee. 10.2 Various disciplinary actions available may include, but not limited to, the following: verbal warning (notation will be placed in the employee's personnel file), written warning, suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the employee's personnel file and given appropriate weight in subsequent personnel actions. 10.3 Discipline shall continue to be administered in accordance with Section 11.4 of the City's Employee Guidelines as they presently exist or are hereafter amended. In the event of a conflict between the Employee Guidelines and the provisions of the Article, the provisions of this Article shall prevaiL 10.4 When an employee is required by the Court and/or the City to attend an interview conducted by the Court and/or City for purposes of investigating an incident which may tead to the loss of pay or position of that employee, the Court and/or City shall advise the employee that he has the right to be accompanied at the investigatory interview by a representative of the Union. It is recognized that the employee may not insist that a particular Union representative be present. The foregoing provisions shall not apply to such run-of-the-mill conversations as, for example, the giving of instructions, training, employee evaluations or needed correction of work techniques; nor shall they apply to meetings at which discipline is simply administered. 10.5 The Union shall have the right to appeal any disciplinary action through the grievance procedure to determine whether the employee was properly disciplined; provided however, that appeal of any discipline to Step 3 of the grievance procedure shall be limited to disciplinary actions by the Court that result in loss of pay (i.e. suspension) or position (i.e. discharge) of an employee. Other forms of discipline may be appealed through Step 1 and 2 of the grievance procedure and the decision of the Municipal Court Judge shall be final. 10.6 Except in cases of discharge, if the grievance procedure in Article XI will be used, the Union shall request in writing that the discipline not be administered unless and/or until it :is sustained following completion of the grievance procedure. ARTICLE XI GRIEVANCE PROCEDURE 11.1 A grievance shall be defined as a dispute pertaining to the proper application and interpretation of any and all of the provisions of this Agreement. Because of the unique roles of the Court and the City, after Step 1, the procedures are separated into subsection "A" to reflect the process 'involving the Court, and "B° to reflect the process involving the Ciry. The sole and exclusive method of processing grievances shall be by utilizing the following procedure: 11.1.1 STEP 1— For all matters, a grievance shall first be presented to the employee's immediate supervisor within fourteen (14) calendar days of its occurrence, or the date the 9 0 2011-2014 City of Federal Way Municipal Court Clerk Employees employee should have reasonably known of its occurrence (but in no event more than 60 days), or it shali not be subject to the grievance procedure. Upon receiving the grievance, the Supervisor shall meet with the employee within fourteen (14) calendar days and shall attempt to resolve the grievance within fourteen (14) calendar days of said meeting, with a copy to the Union. If the grievance is not resolved at STEP 1, the Supervisor shall identify to the Union which grievance process ("A" or "B") will be followed. 11.1.2 STEP 2 — A. If the grievance concerning hours, working conditions, or discipline is not resolved at STEP 1, the grievance, in writing, may be presented to the Municipal Court Administrator by the Union. All written grievances shall be submitted within fourteen {14) calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agceement allegedly violated and the remedy sought. The Municipal Court Administrator shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Municipal Court Administrator shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. B. If the grievance concerning wages not related to discipline and benefits is not resolved at Step 1, the grievance, in writing, may be presented to the Human Resources Manager by the Union. All written grievances shall be submitted within fourteen (14) calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agreement allegedly violated and the remedy sought. The Human Resource Manager shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Human Resource Manager shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. 11.1.3 STEP 3— If tre grievance is not resolved at STEP 2, A. For matters regarding hours, working conditions, or discipline that results in loss of pay (i.e. suspension) or position (i.e. discharge) of an employee, the Union may have the matter reviewed by a third (3 neutral party who shall serve as an impartial arbitrator. The notice of review shalt be made to the Presiding Municipal Court Judge or judicial designee within fourteen (14) calendar days of the Union's receipt of the � STEP 2 response. The written notice of review shall include a statement of the issue, the Section of the Agreement atlegedly violated and the remedy sought. Following receipt of the Union's notice of review, the Presiding Municipal Court Judge or judicial designee shall schedule a meeting with the Union Representative to attempt to resolve the grievance prior to selecting the arbitrator. If the Union discovers new evidence, it shall request a reconsideration of the Presiding Municipal Court Judge's or judiciaf designee's decision within fourteen (14) days of the meeting with the Presiding Municipal Court Judge or judicial designee. As soon as possible thereafter, if the matter is not resolved, the parties shall request a list of names from the Judicial Arbitration and Mediation Services (JAMS) and shall meet to select the arbitrator by alternately striking names from the list of JAMS arbitrators until only one (1) name remains. The remaining name shall serve as the impartiat arbitrator who shall review the grievance record, hear oral arguments, and consider written briefs, and issue a decision which shall be final and binding upon all parties to the dispute. 8. For matters regarding wages not connected with discipline and benefits, the Union may refer #he matter to a third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate shall be made upon the Mayor or designee within fourteen (14) calendar days of the Union's receipt of the STEP 2 response. 11 2011-2014 City of Federal Way Municipa! Court Clerk Employees Following receipt of the Union's notice to arbitrate, the Mayor or designee shall schedule a meeting with the Union Representative to attempt to resolve the grievance prior to selecting the arbitrator. As soon as possible thereafter, if the matter is not resolved, the parties shall request a list of names from the Washington State Public Employment Relations Commission (PERC) Dispute Resolution Panel and shall meet to select the arbitrator by alternately striking names from the list of PERC arbitrators until only one (1) name remains. The remaining name shall serve as the impartial arbitrator who shall conduct a hearing and issue a decision which shall be final and binding upon all parties to the dispute. 11.2 If any of the arbitrators are not available, a replacement shall be selected by mutual agreement of the parties. 11.3 The arbitrator shall have no power to change, alter, detract from or add to the provisions of this Agreement, but shall have the power only to apply and interpret the provisions of this Agreement in reaching a decision. 11.4 Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall be borne equally by the City and the Union. ARTICLE XII MISCELLANEOUS 12.1 Gender - Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply to either gender. 122 Benefits for Regular Part-Time Employees - Except as otherwise provided in this Agreement, regular part-time employees shall receive holidays, vacation, leaves, and health and welfare benefits on a pro rata basis in the same percentage as the employee's regula�ly scheduled hours relate to a forty (40) hour week. For example, if a regular part- time employee normally works finrenty (20) hours per week, the employee shall receive 20/40ths, or fifty percent (50%), of the benefits received by a full-time employee. 12.3 Labor-ManaQement Conference Committee - The Court and the Union shall establish a Joint Labor-Management Conference Committee which shall be comprised of participants from both the Court and the Union. The function of the Committee shall be to meet periodically to discuss issues of general interest and/or concern, as opposed to individual comptaints, for the purpose of establishing a harmonious working relationship befinreen the employees, the Court and the Union. It is not the purpose of the Committee to reopen collective bargaining negotiations or to change the terms of this Agreement. Either the Court or the Union may request a meeting of the Committee. The party requesting the meeting shall do so in writing listing the issues they wish to discuss. 12.3.1 In the event a contracting out decision by the Court or City is expected to result in the layoff of bargaining unit member(s), the Union may address the issue(s) in advance in Labor-Management Conference Committee pursuant to Article 12.3. 12.4 Entire Aareement - The Agreement expressed herein in writing constitutes the entire agreement befinreen the parties and no oral statement shall add to or supersede any of its provisions. Anything not covered by this Agreement shall not be construed as part of this Agreement. 12.5 Continuation of Work - The Union and its members, as individuals or as a group, will not initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work stoppage, slow down, or any other restriction of work Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established by any other labor organization when called upon to cross such picket line in the line of duty provided, however, that the Court will not require employees to cross a picket line when notified by the employees of circumstances which a reasonable � 2 2011-2014 City of Federal Way Municipal Court Clerk Employees person would perceive as a ciear, imminent threat of viotence to the employees. Disciplinary action, up to and including discharge, may be taken by the Court against any employee or employees engaged in a violation of this Article. 12.5.1 In the event of a strike, work stoppage, slowdown, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification attempt to secure an immediate and orderly return to work of employees under the Union's jurisdiction. 12.5.2 Failure of an employee to retum to work within finrenty-four (24) hours of notice by #he Union or Employer that such failure to comply is in violation of this Article shall forfeit their right to protest discipline or discharge through the grievance procedure. 12.6 Work Regulations. City will distribute to bargaining unit members (1) the Confidentiality Agreement; (2) the Municipal Court Code of Conduct; (3) the City's Code of Ethics; and (4) the Employee Guidelines and bargaining unit members will sign as received. 12.7 Union Business. The City shall afford a reasonable amount of time for Union meetings on City property, during breaks or lunch periods. The City reserves the right to refuse to allow the meeting on City property when it determines that the meeting will interfere with City operations. The Union representative and/or empfoyees shall give the supervisor as much advance notice as reasonably possible. 12.8 Domestic Partner — A person whom a City employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partnership will be provided the same consideration as an employee's "spouse" for purposes of these guidelines. ARTICLE XIII MANAGEMENT RIGHTS 13.1 Except as otherwise expressly provided in this Agreement, the Court has the right to determine how to provide municipal services, including without limitation, the right to contract out or assign bargaining unit work to non-bargaining unit personnel and to non- Court/City employees; to contract out for goods and services (the Court recognizes the intrinsic value of employing regular full-time staf�; to determine and modify hours of work and work schedules; to schedule vacation leave and other absences from work; to hire, layaff, promote, demote, train and transfer employees; to determine and modify job designs, duties and qualifications of job classifications; to assign work and make use of the valuable contributory service of volunteers; to manage and direct employees; to establish and enforce reasonable rules and regulations and standards of performance, attendance and conduct; to discipline and discharge employees; to determine the size and composition of the workforce; to determine the methods, location, means and processes by which work shall be accomplished; to determine and modify the services to be rendered; to evaluate employees; to schedule overtime work as required and most advantageous to the Court/City; to determine safety, health and property protection measures for the Court/City; to select and use equipment and supplies; to require medical/physical examinations as necessary to ensure that employees are medically qualified to perform the essential functions of the job; to build, move or modify its facilities; to take whatever actions are necessary in the event of an emergency; and to perform alt other functions not expressly limited by this Agreement. 13.2 Employee Guidelines - The City of Federal Way Policies (e.g. Employee Guidelines) and any Municipal Court Gode of Conduct shall apply to members of this bargaining unit. However, in the event of a conflict between a provision of this Agreement and any guideline, regulation, ordinance or rule of the City, the provision of this Agreement shall control. It is also expressly understood that the grievance procedures in this Agreement completely replace (and are not in addition to) any process set forth in such Federal Way Policies and completely replace any appeal process of any other City Board, Department, Commission or Agency of the City, and further that employees covered in this Agreement 13 2U11-2014 Gity of Federal Way Municipal Court Clerk Employees shali not have recourse to any such set of procedures. In addition, the parties agree that the City has the sole right to amend, modify, adopt or change any policies (that are not mandatory subjects of bargaining), including the Employee Guidelines and Municipal Court Code of Conduct, without first negotiating such change with the Union. ARTICLE XIV SAVINGS CLAUSE 14.1 Shoulci any provision of this Agreement be held invalid by operation of law or by any tribunat of competent jurisdiction, or if compliance or enforcement or any provision should be retained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid and shall remain in full force and effect. The City and the Union shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement #or such provision during the period of invalidity or restraint. ARTIGLE XV DURATION 15.1 Except for those provisions which state othervvise, this Agreement shall be effective January 1, 2011, and shall remain in full force and effect through December 31, 2014. PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By David A. Grage, Secretary-Treasurer Date CITY OF FEDERAL WAY, WASHINGTON By Date Skip Priest, Mayar GITY OF FEDERAL WAY MUNICIPAL COURT: By `Date David Larson, Presiding Municipal Court Judge 14 2011-2014 City of Federal Way Municipal Court Clerk Employees APPENDIX "A" to the AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICf-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the City of Federal Way Municipal Court Glerk Employees) January 1, 2011 through December 31, 2013 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF FEDERAL WAY, WASHiNGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, aifiliated with the Intemational Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 1, 2011, the classifications of work and monthly rates of pay for each classification covered by the Agreement shall be as follows: CLASSIFICATION Clerk I Clerk II Step A Step B Step C Step D Step E Step F ��'=`I��! 3518 3666 3214 3350 3490 3742 3822 3984 4151 4478 A.2 In any year covered by this contract, if the non-represented City employees receive any across the board economic gain (increase in sick leave accrual, increase in personal day accrual, increase in vacation day accrual) and/or a general wage increase across the board, then the classifications covered by this Agreement shall receive the same increase. A.3 Should the City enter into a comp study for the non-represented City employees and/or management, a comp study shall be performed for the classifications covered by this Agreement. If the City implements the results (increases only) of the comp study to the non-represented City employees and/or management, the results (increases only) shall also be implemented as to the classifications covered by this Agreement, as well. A.4 Effective January 1, 2012, one additional personal day (8 hours} to be used no later than December 31, 2013. Effective January 1, 2013, one additional personal day (8 hours) to be used no later than December 31, 2014. The time off will be mutually scheduled, recognizing that the Court Supervisor has complete discretion in scheduling these extra days to avoid overtime and to ensure adequate coverage. The City will not reimburse for these extra days. These extra days are one time only for resolution of the collective bargaining agreement. PUBLIC, PROFESSIONAL & OFfICE-CLERICAL CiTY OF FEDERAL WAY, WASHINGTON EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the Intemationaf Brotherhood of Teams#ers BY Date David A. Grage, Secretary-Treasurer By Date Skip Priest, Mayor 15 2011-2014 City of Federal Way Municipal Court Clerk Employees COUNCIL MEETING DATE: January 17, 2012 CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: ARTS COMMISSION 2012 CONTRACT FOR SERVICES POLICY QUESTION Should the Ciry Council approve the 2012 Arts Commission Contracts for Services funding? CITY OF FEDERAL WAY COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ■ � � Ordinance Resolution MEE'r�NG DATE: 1an. 10, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: John Hutton, Recreation Su ervisor DEPT PRCS _ ........................................................................................_........................................................................................_._._.... .P ............................................................................................................................................................_........_..............�......-------------...._......----.............. The Arts Commission Contract for Services Program is a program that funds local arts organizations that provide cultural programs within the community. The City serves as a partner in the provision of services. Local arts organizations completed an application; the Arts Commission reviewed the applications, interviewed each organization and developed funding recommendations. The budget for the 2012 Contract for Services Program is. $ 37,900.00 Attachments: 2012 Contract for Services Recommendation Options Considered: 1. Approve the Arts Commission 2012 Contract for Services 2. Do not approve the Arts Commission 2012 Contract for Services, and provide staff Direction MAYOR'S RECOMMENDATION Option 1— Approve the Proposed Arts Commission 2012 Contract for Services MAYOR APPROVAL: �� ]�� DIRECTOR APPROVAL: G�� C/�� Cou�il Committee Council COMMITTEE RECOMMENDATION: Zl ' ca , agen a . 'N'o Vb� 2, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2012 Contract for Services ". (BELOW TO BE COMPLETED BY CITY CLE'RKS OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — OS/12/2010 RESOLUTION # Contracts for Services 2012 Request 2012 Proposed 2011 2010 2009 2008 2007 2006 Or anization Allocations Allocations Allocations Allocation Allocation Allocation Allocation Fundin Re uest Aria Dance Co. 1,500 2,591 3,000 3,600 3,600 3,575 2,600 Performance in the Park 3300 3600 (req) 4000 (req) 4400 (req) 3600 (req) 3575 (req) 4000 (req) 3282 (rec. Centerstage 8,500 10,000 10,000 11,740 11,740 10,525 20000" 5 major productions at KFT 15000 15000 (req) 25000 (req) 20000 (req) 15000 (req) 15000 (req) 10000 (req) o(rec. * Includes one time fundin Chorale 4,000 4,299 4,000 6,120 6,720 5,800 3,300 2 annual concerts, spring & winter 6000 6000 (req) 6596 (req) 7900 (req) 6120 (req) 6100 (req) 3300 (req) 56a2 (rec. Harmony Kings 1,000 1,096 1,500 1,500 1,500 1,100 wn CommunityAppreciation Concert 1500 1500 (req) 2000 (req) 2000 (req) 1500 (req) 1100 (req) 1182 rec.) Historical Society 7,650 1,674 2,000 wA wA wA wA Display Boards 2,000 2310 (req) 2184 (req) Rennovations of the Denny Cabin 1s92 (rec.) Jet Cities Chorus 1,250 1,096 1,500 1,500 1,500 1,000 1,000 Coaches/Directors Artistic Fees 8 Sweetie Pie Social 3000 3500 (req) 3500 (req) 2700 (req) 2550 (req) 1000 (req) 1500 (req) 3182 rec.) ' Symphony 20,000 77,820 18,000 13,740 13,740 12,300 9,800 5 major performances performed at St. Luke's Church 25000 25000 (req) 27000 (req) 27500 (req) 19460 (req) 14353 (req) 12000 (req) 24682 rec.) "FW Festival Days" wn wn wn wa wn 3,900 3,000 5000 (req) 5000 (req) FW C0811tio11 Of th@ wn wn wn wn wn wn 500"" Performing Arts 500 (req) *`Indudes $500 of New Pr ram R uest Funds ShOW StOpp@fs wn wn 0 wn WA WA WA 5000 (req) Totals 3T 900 38 576 40 000 38 200 38 200 38 200 18 700 k:/artscom/contractforservices/Budget/Allocation2012 COUNCIL MEETING DATE: January 17, 2012 ITEM #: � _.. ..__... __. _ ......... . ....... .. ... ._... _...... _... _...._. _ __._......_... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMEND FWRC 7.03.010 AND 7.03.040 REGARDING PROHIBITION OF INTERNAL COMBUSTION ENGINES ON STEEL LAKE AND NORTH LAKE POLICY QUESTION Should City Council amend FWRC 7.03.010 and 7.03.040 to prohibit use of internal combustion engines on Steel Lake and North Lake? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: 1/10/12 CATEGORY: ❑ Consent � Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ann Dower, Senior En�ineering Plans Reviewer DEPT: Public Works Attachments: Memorandum Proposed ordinance amending FWRC 7.03.010 and 7.03.040 Options Considered: 1. Approve the proposed ordinance amending FWRC 7.03010 and 7.03040 2. Modify the proposed ordinance amending FWRC 7.03010 and 7.03040 MAYOR'S RECOMMENDATION: Option 1 MAYORAPPROVAL: _/�/fi� ��%G DIRECTORAPPROVAL: Ci�' Comm�ti ee Coun Committee COMMITTEE RECOMMENDATION .1 move to forrvard the proposed ordinance to First Reading on January 17, 2012 City Council Meeting. K� ( _ �,G� � Committee Cha Com ittee Member Commi Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (JANUARY 17, 2012): " move to forward approval of the ordinance to the February 7, 2012 Council Meeting for second reading" 2 READING OF ORDINANCE (FEBRUARY 7, 2012): " 1 move approva! of the proposed ordinance amending FWRC 7.030.010 and 7.03.040. " (BELOW TO BE COMPLETED BY CITY CL�'RKS OFFICE) COUNC[L ACTION: Q ❑ APPROVED COUNCIL BILL # 5 ❑ DENIED IsT reading ❑ TABLED/DEFERRED/lY0 ACTIOIV Enactment reading ❑ MOVED TO SECOIYD READtNG (ordinances only) ORD[NANCE # REVISED - 08/ 12/20 ( 0 RESOLUTIOIY # CITY OF FEDERAL WAY MEMORANDUM DATE: January 10, 2012 TO: Parks, Recreation, Human Services, and Public Safety Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management �� "" I Ann Dower, Senior Engineering Plans Reviewer SUBJECT: Prohibition of Combustion Engines on Steel Lake and North Lake BACKGROUND: Prior to incorporation, Steel Lake and North Lake were protected by a King County ordinance prohibiting use of internal combustion engines on lakes. Since incorporation, occasional complaints have brought into question whether or not internal combustion engines are still prohibited, since their use is not specifically addressed in the FWRC. As they are a source of both unnecessary noise and storm water pollutants, staff proposes to amend Title 7 Public Nuisances to include internal combustion engines in the list of specific public nuisances. Like all public nuisances, use of combustion engines on these lakes will be considered a civil infraction, enforceable by either code enforcement officers or the police department. The penalty will be up to $100 for the first infraction, up to $200 for the second, and up to $300 for the third. The proposed ordinance was sent to the two Lake Management Districts for review and comment. Attachment: Ordinance revision ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to boats and watercraft; amending FWRC 7.03.010 and FWRC 7.03.040. (Amending Ordinance No. 09-596) WHEREAS, Steel Lake and North Lake were protected prior to incorporation by a King County ordinance prohibiting use of internal combustion engines, and this ordinance would replace the county ordinance; and WHEREAS, boats and watercraft powered by internal combustion engines create discordant and unnecessary noise; and WHEREAS, boats and watercraft powered by internal combustion engines may directly discharge pollutants that are harmful to the environment into lakes, and WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to amend these sections, which bear a substantial relation to public health, safety, or welfare of the people of Federal Way; are consistent with the applicable provisions of the comprehensive plan; and are in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. FWRC 7.03.010 is hereby amended to read as follows: 7.03.010 Purpose and intent. The purpose of this title is to provide for the protection of the health, safety, and general welfare of the citizens of the city of Federal Way by proscribing those nuisances which affect the rights of the community. The presence of nuisances enumerated in this title requires an emphasis on measures to correct those conditions which are injurious to the public health, safety, and welfare. It is the intent of the city council to establish efficient administrative procedures to enforce the regulations of the city, to provide a prompt process to address alleged violations, and to establish standards to be used by the city to abate public nuisances. The intended result of abating a public nuisance is to protect public health and property values by reducing noxious weeds, providing for safer pedestrian and automobile traffic flow, Ordinance No. I1- Page 1 of S Rev 1/10 reducing impacts to the environment by preventing the indiscriminate storage of inoperable vehicles and use of internal combustion engines on Steel Lake and North Lake, and protecting the health, safety, and general welfare of the citizens. Unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the city create obvious hazards. Also, these conditions adversely affect the value, utility and habitability of property within the city as a whole and specifically cause substantial damage to adjoining and nearby property. The economic well-being of the city is materially and adversely affected by nuisances. This title conveys to the city administration all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible, the owners and occupants of the property upon which nuisances exist, and those properties themselves. This title is an exercise of the city's police power, and it shall be liberally construed to effect this purpose. Section 2. FWRC 7.03.040 is hereby amended to read as follows: 7.03.040 Specific public nuisances. The following specific acts, omissions, places, conditions, and things, including those that create, maintain, use, cause, allow, or permit to exist or remain on any public or private property any of the following specific acts, omissions, places, conditions, and things, are hereby declared to be public nuisances: (1) Excavations or naturally occurring holes, including, but not limited to, privies, vaults, cesspools, sumps, pits, wells, or any other similar conditions, which are not secure and which constitute a concealed danger ar other attractive nuisance; (2) Making, causing, or permitting to be made discordant and unnecessary noise of any kind which annoys any significant number of persons lawfully in the immediate area, whether by means of any speaker or other sound-amplifying device, horn, or other mechanical device; or by outcry, loud speaking, singing; or by any other means; (3) The discharge of sewage, human excrement, or other wastes in any location or manner, except through systems approved for the conveyance of such, to approved public or private disposal systems and which are constructed and maintained in accordance with the provisions this Code, other applicable law, or in a manner injurious to the public health; (4) Animal parts, manure, excreta, or wastes including bones, meats, hides, skins, or any part of any dead animal, fish, or fowl, which are improperly handled, contained, or removed from a premises; placed in any watercourse, lake, or street; or allowed to become putrid, offensive, and injurious to the public health; (5) The erection or use of any building, room, or other place in the city for exercise of any trade, employment, or manufacture which, by emitting noxious exhausts, particulate matter, offensive odors, or other related annoyances, is discomforting, offensive, or detrimental to the health of individuals or of the public; (6) Any poisonous material or thing on any property, placed so as to be dangerous to any person or domesticated animal; (7) Storing of flammable junk on any property, including but not limited to old rags, rope, cordage, rubber, boxes, or paper, unless it is in a building of fireproof construction; (8) Burning or disposal of refuse, sawdust, or other material in such a manner as to cause or permit ashes, sawdust, soot, or cinders to be cast upon the streets of the city, or to cause or permit the smoke, Ordinance No. 11- Page 2 of S Rev 1/10 ashes, soot, or gases arising from such burning to become annoying or to injure or endanger the health, comfort, or repose of persons; (9) To carry on the business of manufacturing gun powder, nitroglycerine, or other highly explosive substance, mixing or grinding such materials, or to establish a powder magazine within 1,000 feet of any building or without all necessary permits; (10) Filthy, littered, trash-covered, or overgrown premises or abutting street and alley rights-of-way for which a property owner is responsible, including, but not limited to: (a) Storing outside a completely enclosed building litter, junk, or cut brush or wood including dead or decaying plant material except as contained in a compost pile or orderly stacked firewood if cut in lengths of four feet or less, or items that threaten public health, safety or welfare; (b) All unused, abandoned or discarded refrigerators, ice boxes or like containers which are left in any place exposed or accessible to children, whether such is outside any building or dwelling or within any unoccupied or abandoned building, dwelling or other structure; (c) All places used or maintained as dumps, junkyards, or automobile or machinery disassembly yards or buildings not properly permitted and licensed or not in compliance with any law or regulation; (11) Any unsightly, abandoned, or deteriorated structure constructed with inappropriate materials or improperly fastened together or anchored against the forces of nature; any screening which is in a falling, decayed, dilapidated, or unsafe condition; any structure where construction was commenced and the structure was left unfinished; or any structure that has been constructed or modified without permits or which is otherwise in violation of city ordinance; (12) Personal property left in the public right-of-way of any road or alley, including but not limited to any personal and household items, furniture, appliances, machinery, equipment, building materials; and the abandonment or allowing the abandonment of property in any public right-of-way; (13) The parking or storage of vehicles on single-family residential lots in violation of the parking regulations in this Code; (14) To obstruct, impede, or encroach upon, without legal authority, the use of any river, harbor, lake, waterway, landing place, right-of-way, street, private way, or public area; to unlawfully obstruct or impede the flow of municipal transit vehicles or passenger traffic, access to municipal transit vehicles or stations, to unlawfully obstruct or impede a municipal transit driver, operator, or supervisor in the performance of that individual's duties; or otherwise interfere with the provision or use of public transportation services; or to create or place any device simulating traffic control signs; (15) To suffer, maintain, or permit to be maintained any place where intoxicating liquors are unlawfully kept for sale or disposal to the public; (16) Any place where fighting between people or animals or birds is unlawfully conducted or allowed; (17) Those acts, omissions, places, conditions, and things declared nuisances elsewhere in this title or elsewhere in the Code, including in FWRC 6.70.010 and Chapter 9.15 FWRC; (18) All violations of development, land use, public health, safety, and welfare and sanitation rules, regulations, or ordinances of the city or Seattle-King County health department rules, regulations, or ordinances; �19 Use or operation of anv internal combustion engine on Steel Lake and North Lake, provided, that this provision shall not applv to authorized law enforcement or emer�ency vessels or watercraft, or to authorized vessels or watercraft which are actuallv en�,a�ed in or beingprepared for, duties such_as maintenance, scientific stud�protection of lakes or wetlands. (20) Anything meeting the definition of a public nuisance under this title. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or Ordinance No. 11- Page 3 of S Rev 1/10 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 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of � CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: Ordinance No. 11- Page 4 of S Rev 1/10 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. 11- Page S of S Rev 1/10 � �ua t Zo � 2 COUNCIL MEETING DATE: ��2 ITEM #: � � ` SUBJECT Sign code amendments pertaining to high profile signs. POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to allow additional high profile signs? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE Land UselTransportation Committee CATEGORY: ❑ Consent ❑ City Council Business ►/ ■ Ordinance Resolution S'rnFF REPOR'r BY: Contract Planner Jim Harris MEETING DATE December 5 , 2� 11 ❑ Public Hearing ❑ Other DEPT Community & Economic Development Summary: The proposed amendments to the Federal Way Revised Code (FWRC) Chapter 19.140, "Signs," would allow an additional (third) high profile pole or pylon sign for qualifying properties in the City Center-Core (CGC), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts. The Planning Commission held a public hearing on the proposed amendments on November 2, 2011, and recommended the City Council approve the zoning code amendments. On December 5, 2011, The LUTC recommended to approve the proposed sign code amendments, but to separate these amendments from the wall mounted banner sign code amendments. Attachments: Original December 5, 2011 LUTC Agenda Bill; 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibit A; 3) Draft minutes of the November 2, 2011, Planning Commission Public Hearing. Options Considered: i) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendation. PLANNING COMMISSION'S RECOMMENDATION The Planning Commission recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. MAYOR APPROVAL: """' Committee DIRECTOR APPROVAL: ` Committee COMMITI'EE RECOMMENDATION I move to forward the proposed ordinance to First Reading on January 3, 2012. Linda Kochmar, Committee Chair Jack Dovey, Committee Member Jim Fenell, Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (January 3 , 2012): 1 move to forward approval of the ordinance to the January 17, 2012, Councid Meeting for adoption. 2 READING OF ORDINAHCE (January 17, 2012) "1 m approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) GOUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ' 3 ' ��2. ❑ TABLED/DEFERRED/NO ACTION Enactment reading � MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUITON # K:�2011 Code Amendments\Sign Code, High Profile and Banner Signs\COUNCIL Agenda BiU High Profile Oniy.doc COUNCIL MEETING DATE: January 3, 2012 ITEM #: SUBJECT Sign code amendments pertaining to high profile signs and banner signs. POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to allow additional high profile signs and altow banners as a type of building mounted signage? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITI'EE Land Use/Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business �/ ■ Ordinance Resolution STAFF REPORT BY: Contract Planner 1im Harris MEETING DATE: December 5, 2011 ❑ Public Hearing ❑ Other DEP'r: Community & Economic Development Summary: The proposed amendment to the Federal Way Revised Code (FWRC) Chapter 19.140, "Signs," would amend three sections of the sign regulations which pertain to nonresidential zoning districts. T'he fust proposed amendment would allow an additional (third) high profile pole or pylon sign for qualifying properties in the City Center-Core (CC-C), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts. The second proposed amendment would allow the use of fumly affixed wall-mounted banners as an approved sign type in non-residential zoning districts. The third proposed amendment is to modify the definition of banner. 'The Planning Commission held a public hearing on the proposed amendments on November 2, 2011, and recommended the City Council approve the zoning code amendments. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibit A; 3) Draft minutes of the November 2, 2011, Planning Commission Public Hearing. Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as fwther amended by the LUTC; 3) Do not adopt the Planning Commission's recommendation. � _ PLANNING COMMISSION'S RECOMMENDATION The Planning Commission recommends adoprion of the proposed amendments as written in the Draft Adoption Ordinance. �-, _ � _ _ - � .�. �. , MAYOR APPROVAL: Council DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION move to 52P�p., � 5� �� od� rz.`nendrr�,�,t�' �� fw� --�parx� o►^c�mR.r�ce-s a,h.d� fc�zvan( t�ccti dYrLin�t�2 ��l�t,-e �. �1z Cv -,7 ��lr n ��da.- �Y %� f 11Cli i . `r''„v .�— inda Kochmaz, Committee Chair J o Committee Member e, Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (January 3 , 2012): 1 move to forward approval of the ordinancesto the Jarruary� 2012, Council Meeting for adoption. 2 READING OF ORDINANCE (January 17, 2012): " move appro of the proposed ordinance. " (BELOW TO BE COMPLETED BY C/TY CLERffS OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT resding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDIIYANCE t� REVISED— 08/12/2010 RESOLUTION # K��201 I Code Amendments\Sign Code. High Profile and Banner Signs\COUNCIL Agenda Bill doc ORDINANCE NO. 12- AN ORDINANCE of the City of Federal Way, Washington, relating to high profile pylon and pole signs; amending FWRC 19.140.140. (Amending Ordinance Nos. 07-554, 06-523, OS-486, 99-348, 95-235, 07-559, OS-504, and 96-270) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development reguIations and the text of Title � 19 FWRC; •'has comptied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1�:35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations for signs within the City of Federal Way; and WHEREAS, the proposed amendments would allow a third high profile pylon or pole sign for qualifying properties in the City Center-Core (CGC), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 15, 2011, and no comments or appeals were received and the DNS was finalized on November 14, 201 l; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2011, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on December 5, 2011, and recommended adoption of the text amendments as recommended by the Planning Commission; however, the LUTC moved to separate the Ordinance No. 12- Page 1 oj5 — Rev 1/10 LU sign code amendments that were considered by the Planning Commission into two separate ordinances. The separate ordinances pertain to: a} high profile pylon and pole signs; and b) banner signs. The subject of this ordinance only pertains to high profile pylon and pole signs, and a separate ordinance pertaining to banner signs will be considered by the City CounciL NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHiNGTON, DO ORDAIN AS FOLLOWS: Section l. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by allowing businesses to have signs that will help amact customers to businesses, sales, and other events, thus supporting economic development. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: EDG-6 The City wild encourage and support existing businesses to remain and/or expand their facilities within Federal Way. Ordinance No. 12- Page 2 of 5 Rev 1/]0LU EDPlO The Ciry will work with the private sector to actively encozrrage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDPI S The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because when correctly located and installed, high profile pylon and pole signs will not interfere with vehicular or pedestrian travel and will not create visual clutter, yet will allow signage that will assist businesses in attracting customers. Limiting the'number, size, and type of signage will continue to promote a positive visual image of the city. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because high profile pylon and pole signs help to attract customers to businesses, sales, and other events, thus supporting economic development. Section 3. FWRC 19.140.140 is hereby amended to read as follows: 19.140.140 Signs in nonresidential zoning districts — Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. In addition to the categories available in subsections (1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the criteria contained in subsection (4) of this section. Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme are permitted one freestanding monument or peclestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. (a) Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign or si s: (i) A minimum of 250 feet of frontage on one public right-of-way; (ii) A zoning designation of city center core (CC-C), city center frame (CC-F), community business (BC), or commercial enterprise (CE); (iii) A multi-use complex; and (iv) A minimum site of 15 acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (i) Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; Ordinanee No. 12- Page 3 of 5 - Rev 1l10 LU (ii) Pedestal signs; (iii) Monument signs; (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon or pole sign, or far any pedestal or monument sign in tieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A high profile sign shall not exceed the following maximum heights: {i) Pylon or pole sign: 25 feet; (ii} Pedestal or monument signs: 12 feet if in lieu of a pylon or pole sign. C�therwise, pedestal and monument signs shall not exceed five feet; (iii) Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. {d) Sign area. A'high profile sign` shall not exceed the following maYimum sign areas: (i) Pylon or pole sign: 400 syuare feet for the total of sign faces with no one sign face exceeding 200 square feet; (ii) Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet; (iii) Tenant directory or kiosk signs: 15 square feet per sign face. (e} Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: (i) Pylon or pole signs: Each qualifyin si�'te is permitted at least Aone pylon or pole sign. , , A second �, l or pole sign is �ermitted for a qualifLn� site if the subject property has an additional 500 feet of street fronta for a total of at least 750 feet of a ��reQate fronta�L, on anv public ri�hts- of-wa� All pylon or pole siQns must be separated a minimum distance of 2501inear feet measured alongthe rights-of-way A third p l�on o�ole si�,n is permitted for a quali in�* site if the subiect propertv has a total of at least 2 000 feet of aggregate fronta�,e on two or more vublic rights-of-way. However no more than two �, lo�pole si¢.,ns are allowed to front on, or be oriented toward a sinQle street right-of-way frontage All Q loy n or pole signs must be separated a minimum distance of 250 linear feet, measured along ri ts-of-wa� (ii) Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection ( I xe)(i) of this section. In addition, two monument signs which identify the name of any multi-use complex aze allowed, per entrance from a public right-of-way, not to exceed five feet in height; and (iii} Tenant directory or kiosk signs: One sign per frontage on a public right-of-way. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Ordinance No. 12- Page 4 of S Rev 1/10 LU Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 . , , _. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATT'EST: 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.: K12011 Code Amendments�Sign Code, High Pro61e and Banner Signs U.UTCIREVISED Ordinance Sign Code High Profile 12-12-2011.doc Ordinance No. 11- Page S of 5 Rev 1/10 LU ��. II�p�N� ; �� . �, _. � �' � - +ir s� STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRC) Chapter 19.140, "Signs" File No.11-103951-00-UP Public Hearing of November 2, 2011 I. BACKGROUND AND PROPOSED AMENDMENTS The proposed amendments to the Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code," would amend three sections of the sign regulations which pertain to nonresidential zoning districts. The first proposed amendment would allow an additional (third) high profile pole or pylon sign for qualifying properties in the City Center-Core (CC-C), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts. The second proposed amendment would allow the use of firmly affixed wall-mounted banners as an approved sign type in nonresidential zoning districts. The third proposed amendment is to modify the definition of banner. The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (attached as Exhibit A), and forward a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. These proposed code revisions were not specifically identified in the 2011 Planning Commission Work Program, but fall within the business friendly code amendments category as adopted by the City Council. These amendments were initiated by the Mayor in response to requests from members of the business community. II . ANALYSIS OF PROPOSED CODE AMENDMENTS A. Proposed Code Amendments 1. Recommended modification to high profile signs (FWRG 19.140.140[1][e][i]). This proposed amendment would allow large multi-use commercial complexes in the CC- C, CC-F, BC, and CE zoning districts to have a third high profile pole or pylon sign, if the subject property meets the minimum street frontage standard. Currently, a maximum of two high profile pole or pylon signs are permitted for a qualifying site. If approved as recommended, the code would allow a third high profile pole or pylon sign for qualifying multi-use commercial properties if they have a minimum of 2,000 aggregate feet of frontage on any public rights-of-way. If approved as recommended, a maximum of two high profile signs would be allowed to front on, or be oriented toward a single right-of-way, and the high profile pole or pylon signs would have to be separated by a minimum of 250 feet of distance along a right-of-way. 2. Recommended modifications to signs in nonresidential zoning districts—building mounted signs (FWRC 19.140.150[1) and I9.140.130[3]). This proposed amendment would allow wall-mounted banners to be used as an approved sign type in all nonresidential zoning districts. Currently, the FWRC allows several different types of building mounted signs, such as but not limited to: awning or canopy signs; marquee signs; projecting signs; directory signs; under canopy signs: and wall- mounted signs. The FWRC does not specifically contemplate the use of banners as an approved type of wall-mounted sign. This code amendment if approved,'would allow the use of a wall-mounted (non-rigid) banner, which is firmly affixed to a building faqade. If approved as recommended, the wall- mounted banner signs would be required to meet the height, area, and number regulations of the building mounted sign code section. A code reference in FWRC 19.140.130(3), as identified in E�ibit A, would also need to be approved to allow the wall-mounted banner sign. 3. Recommended modifications to FWRC 19.05.190(s). This proposed amendment would modify the definition of banner sign by removing the word fabric from the current definition. T'he revised definition, if approved, would define a banner as a sign made of non-rigid material with no enclosing framework. B. Rationale for Proposed Code Amendments The proposed high profile sign code amendments would potentially allow five to seven of the largest retail sites with the most frontage on rights-of-way in the city to have a third high profile pole or pylon sign. These additional high profile pole or pylon signs would allow these large sites to increase their visibility and identity. Given their large size, high number of tenants, and large amount of frontage, it is appropriate to allow additional signage for these sites. The proposed wall-mounted banners would be a potentially less costly alternative than a similar type wall or cabinet sign for any size business in any non-residential zoning district, and will assist businesses in attracting customers. III PROCEDURAL SUMMARY Public notice of the November 2, 201 l, Planning Commission public hearing was published and posted on October 19, 2011, in accordance with the city's procedural requirements. IV. DECISIONAL CRITERIA FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: FWRC Sign Code Amendments File 11-103951-00-UP November 2, 2011, Planning Commission Public Hearing Page 2 of 4 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: EDG-6 The C'ity will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDPIO The City wi11 work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDPI S The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because, when correctly located and installed, high profile signs and wall mounted banner signs will not interfere with vehicular or pedestrian travel and will not create visual clutter, yet will allow signage that will assist businesses in attracting customers. Limiting the number, size, and type of signage will continue to promote a positive visual image of the city. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because the high profile signs and wall mounted banner signs help to attract customers to businesses, sales, and other events, thus supporting economic development. V. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use/Transportation Committee (LUTC) and City Council. 1. Modification to FWRC 19.140.140(1)(e)(i), as identified in Exhibit A. 2. Modifications to FWRC 19.140.150(1), and modification of code reference in FWRC 19.140.130(3), as identified in Exhibit A. 3. Modifications to FWRC 19.05.190(s), as identified in Exhibit A. FWRC Sign Code Amendments File I1-103951-00-UP November 2, 2011, Planning Commission Public Hearing Page 3 of 4 VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBITS Exhibit A — Proposed Draft Code Amendments: • FWRC Title 19, "Zoning and Development Code," 19.05.190(s), 19.140.130(3), 19.140.140, and 19.140.150 Exhibit B— Letter of support from Steadfast Companies, October 19, 2011 FWRC Sign Code Amendments File 11-103951-00-UP November 2, 201 l, Planning Commission Public Hearing Page 4 of 4 Exhibit A Proposed Draft Code Amendments FWRC Title 19, "Zoning and Development Code" 19.05.190(s),19.140.130(3),19.144.1 and 19.140.150 19.05.190 S definitions. (5) "Banner" means a sign made of �a�ie-s� any non-rigid material with no enclosing framework. 19.I40.130 Pro�iibited signs. � ' The following signs or displays are prohibited in alI zones within the city. Prohibited signs a�e subject to removat by the city at the owner's or user's expense pursuant to FWRC 19.140.190: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to FWRC 19.140.120 Table I, FWRC 19.I40.060(6), and FWRC I9.140.150(n). (4) Billboards. � (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeabte message signs or changeable copy signs. (7) Inflatable advertising devices, except as expressly allowed in FWRC 19.I44.070. (8) My1ar balloons. (9} Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a build'mg or structure. (10} Off-site signs except those expressly allowed in this title. (11) Pennants, streamers, ribbons, spinners, whiriers, gropetiers, festoons, blinking lights, or similar items that attract attention through movement, reflection or itlumination unless expressly allowed pursuant to Table 1 ofthis chapter_ ( I 2) PorEable signs except as expressly allowed in FWRC 19.140.U60. ( I 3) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of che sub3ect property (i.e., features sUCh as indoor pooi, hot tub, fireptaces, skylights, covered parking, free cable, laandromat services, community centers, etc.). (t4} Signs in a public right-of-way except governmenta! signs, and except portable signs that foilow the requirements of FWRC l 9.140.060(29}. (15) Roof signs. (16} Simulations of traffic signs. Any sign using the words "stop," "tvok," or "danger," or any other words, symbols, or characters �n such a manner as to interfere with, misiead, or confuse pedestrian or vehicuiar traffic. ( I 7} Snipe signs. (18) Vehicle signs inc}uding any sign attached to, or placed on, a parked vehicle or ttailer used princigally for advertising purposes, rather than transportation, but excluding signs relating to the sa1e, lease, or rental of the vehicle or trailer and excluding signs which identify a fum or its principaI prodnct on a vehicle operated during the normaf course of business. Exhibit A, Proposed Draft Code Amendmerrts Ni�vember 2, 201 l, Planning Commission Pubiic Hearing File 11-103951-00-UP Page E o1' 4 20 (Ord. No. 08-583, § 3(Exh_ A), t0-21-08; Ord. No. 07-554, � 5(Exh_ A(14)}, 5-15-07; Ord. No. 07-550, § 3[4J, 3- 20-07; Ord. No. 06-523, � 3(Exh. A}, 4-18-06; Ord. No. OS-436, § 3, 4-19-05; Orcl. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No_ 95-235, § 4, 6-6-95. Code 2041 § 22-1600.) 19.140.140 Signs in nonresidential zoning districts — Freestancling signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based �ipon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs ailowed. In addition to the categories available in subseetions (1) and (2) ofihis section, a subject properly may be perrnitted an additionai freestanding sign if it meets the criteria contained in subsection (4) of this section. Separate parcels;:or pads:for single-tenant buildings that comply with all zoning requirements:for� singl�-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant certzer by virtue of architecturai style or theme are permitted one freestanding monument or pedestat sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. (a) �riteria. A subject property meeting aIl of the following criteria is pertnitted a high profile freestanding sign or signs: {i) A minimnm of 250 feet of frontage on one public right-of-way; (ii) A,zoning designation of city center core (CC-C), city center frame (CC-F), community business (BC), or commercial enterprise (CE); (iii) A multi-use complex; and (iv) A minimum site of I 5 acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (i) Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or stractural support; (ii} Pedestat signs, (iii) Monument signs; (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon or pole sign, or for any pedestai or monument sign in lieu of a pylon ar pole sign, may include electronic changeabte messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a aeon sign. (c) Sign height. A high profile sign shall not exceed the following maximum heights: (i) Pylon or pole sign: 25 feet; (ii) pedestal or monument signs: 12 feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs sha(1 not exceed five feet; (iii) Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet frorrt any public right-of-way, in which case it may be 10 feet. (d) Sign area. A high profile sign shall not exceed the following maximwn sign areas: (i} Py}on or pole sign: 400 square feet for the totat of sign faces with no one sign face exceeding 200 square feet; (ii) pedestal or monument signs: 128 square feet for the totat of all sign faces with no one face exceeding 64 square feet; (iii) Tenant directory or kiosk signs: 15 square feet per sign face. Exhibi► A, Proposed Drafl Code Amendments November 2, 2011, Ptanning Commission Public Hearing File I I-iO3951-00-UP Page 2 of 4 21 (e) Natmber of slgns. A subject property qualifying for a high profile sign may have tt�e foliowing masimtnn number of signs: (i} Pylon or poCe signs: Each qualifyin� site is permitted at least 9one � foy, n or pole sign. � � . A second p,vlon or � „ P�� has an additiona! 500 feet of street pole sign is � ermitted for a ctualif site if the subject pro„ frontaQe for a total of at least 750 feet of ag,gregate frontage on anv uub}ic n�hts-of All vvlon or , vole si ns must be separated a minimum distance of 250 linear feet measured alon� the rteh#s-of-wav. A third �vIon or �ole si"gn is permitted for a gealifying site if the subtect pravertv has a totat of at least 2,000 L . � t si ns are allowed to front on or be onenteci towarc� a sm ie sireer rr u�-��-wa =, ��.�µ �. •�•, - sipns must be separated a minimum distance of 250 linear feet measured alonQ ri�hts-of-��_ (ii) Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or poie sign, the number of signs aliowed shall be determined pursuant to subsectian (lxe)(i) of th�s section.�In addition, two monunnent signs which identify the name of any multi-use complex are altowed, per entrance from a public right-of-way, not to exceed five feet in height; and (iii} Tenant directory or kiosk signs: One sign per.frontage on a public right�f-way. 19.140.150 Signs in nonresidential zoning districts — Building-mounted signs. ( l) Sign types. The following sign types may be building-mounted signs and are allowed in a1} nonresidential zoning districts: (a) Awrting or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; , (e} Directional signs, on-site; � (f) Eiectronic changeahle message signs; (g) Instructional signs; (h) Marquee signs; (i)Projecting signs; (j) Tenant directory signs; (k) Time and temperature signs; (1) Under-canopy s'tgns; and (m) VVall-mounted signs. n Wa11-mounted banners. Notwithstandin the rovisions of FWRC 19.140.I30 wa}I mounted banners firml�affxed to a building fa�ade maintained in og od repair and otherwise meetinp the hei�ht, area and number regulations of this sect�on. Any buifding mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sigrr area. The total sign area of building-mounted signs for each business or tenant, excluding under-canopy signs, shalt not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi tenant complex which does not �se a freestanding sign rnay have two additional wall-mounted signs. No one s'rgn may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This ssgn is in addition to any other tenant signs on that building face. Exhibif A, Proposeci Draft Code Amendments November 2, 20t 1, Pianning Commission Pitblic Hearing File ll-L03951-00-UP Page 3 of 4 22 (4) Number ofsigns. The n��mbe► of building-mounted signs permitted each user is dependent upon the surface area of the largest singte e;cposed buitding face of his or her building as'follows, exctuding wall-mounted center identification signs: Exhibit A, Proposed Drafi Code Amendments November 2, 201 }, Ptanning Commission Pubiic Fiearing File I1-I43951-00-UP Page 4 of 4 23 � �: �� COMMUNITY DEVELOPMENT DEPARTMENT QCT � 4 2011 r � �� 18100 Von Karman, Suite 500 irvine, CA 926t2 T 949.852-4700 F 949.852-070I W www steadfastcompanies.com S l�HU��IJI G0��1i@S Wednesday, October 19, 2011 Deb Barker Sen�or P(anner, Community and Economic Development City of Federa! Way 33325 8th Avenue South Federat Way, WA 98003 RE: SIGN CODE AMENDMENT LETTER OF SUPPORT Dear De6, On behalf of Steadfast Commerciai Properties and The Commons at Federal Way, we are extremely su�portive of the pr�posed sign code amendment. !n order to attract nationai, high profile tenants, its Imperative that these tenants have good brand exposure comparable to other markets. Through our redeveiopment efforts, time and time again, same of the first questions tenants ask are "how much" and "where is" our signage. By adopting this sign code amendment, the City of Federaf Way encourages more business into the city. We have found that over time, some jurisdictions have antiquated or outdated sign codes that fimit the properties abitity to succeed and compete with other jurisdictioRS. !n today's economy, it's vital to the success of our properties that every city tooks at ways to encourage redevelopment and economic devefopment. We applaud the City of Federa! Ways pro-active approach to generating business in the area. If there is anything else we can do to support this sign code amendment, please [et me know. Thank you for yaur time and consideration. P{ease contact me with any questions. / 1am s Paida V'rc President eadfast Commercial Properties 24 CITY OF FEDERAL WAY PLANNING COMMISSION November 2, 20I l City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Tim O'Neil, Lawson Bronson, and Sarady Long. Commissioners absent: Tom Medhurst and V1/ayne Carlson (both excused). Staff present: Planning Manager Isaac Conlen, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith, and Administrative Assistant Il Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of October 19, 2011, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPOItT Planning Manager Conten announced that the Shoreline Master Program has received final'approval from the City Co�ncil. It now goes to the state for final approvaL COMM1SS10N BUSINESS PUBL�C HEARING — High Profle & Wall Mounted Banner Signs in Non-Residential Zoning Districts Contract Planner Harris delivered the staff report. The proposed amendments are to three sections of the sign regulations pe"rtaining to non-residentia} zoning districts: (t) a}low a third high profile pylon or pole sign for the largest commercial sites; (2) modify the definition of banner, and (3) al[ow a watl mounted banner as an approved sign type for aIl businesses in non-residential zones. The rational for the proposed amendments are: they are business friendly code amendments; the high profile sign code amendment wovld allow five to seven of the largest retail centers (those with most frontage) and a large number of tenants to have a third pylon or pole sign for center and tenant identification; and they alfow a wall mounted banner, which would be a potentially less costly alternative for any size business in any non-residential zoning district. The meeting was opened for public comment. Cynthia Stanley Lee, The Commons General Manager — She commented that in order to attract national retailers, The Commons needs to show that it has good sign exposure. She supports the proposed amendments becaUSe they will heip. K:1Planning Commission120i 1\Meeiing Summary 1I-02-1I.doc 25 Plannin� Commission Minutes Pa�e 2 November 2, 20I l Pub}ic comment was ctosed. Commissioner Elder asked what, or who, brought forth the proposed amendments. Planning Manager Conlen explained that The Commons brought forth the issue on the high profile signs due to their new tenants and the need for additional signage. The banner sign issue was hrought forth by a small business that needs a more cost effective sign. One reason Commissioner Elder asked the qi�estion is because she has requested a code amendment to allow banners over streets, but has not heard anything about it. Planning Manager Conlen replied that staff is aware of the request, but the City Counc►i has not made it a priority on the Ptanning Commission's Work Program. Discnssion was held regarding the required frontage footage. Under the current code, an eligible site may have one high profile pylon or pole sign if it has a minimum of 250 feet of frontage on one right-of-way. If the site has a minimum of 750 feet of frontage on one right-of-way, they may have two high profile pylon or pole signs. There,must be 250 feet of separation between the signs. The proposed amendments would a}low the site to have a third high profile pylon or pole sign with 2000 feet of frontage on all rights-of way. Only two signs may be placed � a single right-of-way, the third must be placed on a second right=of-way. For example, The Commons could have two high profile pyton or pole signs along 320`'' Street and one along Pacific Highway South. In addition, there must be 250 feet of separation between the three signs. Commissioner O'Neil asked if three signs will be adequate for The Commons needs. Ms. Stanley-Lee replied that three signs will meet their needs. � Chair Pfeifer commented that a picture of a banner sign woald heip him make a decision. He asked how the banner signs will be affixed to the building. Will they be required xo have a frame? Planning Nlanager Conlen replied that the proposed amendments say the banner sign must be firmly affixed to the building; the wind should not be abte to move it. He envisions this will be done with rivets. They will noi be requirectto have a frame. Chair Pfeifer is concerned that if banner signs are not required to be in a frame, they wi11 soon be in poor condition and unsightly. Ptanning Manager Conlen stated that the proposed amendment states the sign must be maintained in good repair. Commissioner Long stated that he was also concerned about banner signs being maintained, but after conversations with staff, he conclnded that his concerns are addressed and this amendment would give small businesses an affordable choice for signage. Commissioner Elder moved (and it was secondea� to recommend approval of the proposed code amendments as proposed. The motion carried. The public hearing was closed. ADDITIONAL BUSINESS The next meeting will be Decemher 7"' and will be a continuation of the temporary uses proposed code amendments public hearing. ADJOURN The meeting was adjourned at 7:40 p.m. K:1Ptann'v�g Canmission120111R1eaine Summary I 1-02-I I.doc � Ja.r�uocr 1'f, � Dl2 COUNCIL MEETING DATE: , ITEM #: SUB,►ECT: Sign code amendments pertaining to wall mounted banner signs. POLICY QUESTION Should the City amend the Federal Way Revised Code (FVJRC) to allow wall mounted banners as a type of building mounted signage? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE Land Use/Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business /1 ■ Ordinance Resolution STAFF REPORT BY: Contract Planner Jim Harris MEETING DATE: December 5, 2011 ❑ Pnblic Hearing ❑ Other DEP'[': Community & Economic Development Summary: The proposed amendments to the Federal Way Revised Code (FWRC) Chapter 19.140, "Signs," would amend the sign regulations which pertain to nonresidential zoning districts. The proposed amendments would allow the use of firmly affixed wall-mounted banners as an approved sign type in non-residential zoning districts. The proposed amendments would also modify the definition of banner. The Planning Commission held a public hearing on the proposed amendments on November 2, 2011, and recommended the City Council approve the zoning code amendments. On December 5, 2011, The LUTC recommended to approve the proposed sign code amendments, but to separate these amendments from the high profile sign code amendments. Attachments: Original December 5, 2011 LUTC Agenda Bill; 1) Draft Adoption Ordinance; 2) StaffReport to the Planning Commission with E�►ibit A; 3) Draft minutes of the November 2, 2011, Planning Commission Public Hearing. Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendation. PLANNING COMMISSION'S RECOMMENDATION T'he Planning Commission recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. Linda Kochmar, Committee Chair Jack Dovey, Committee Member Jim Ferrell, Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (January 3 , 2012): I move to forward approval of the ordinance to the January 17, 2012, Council Meeting for adoption. 2 READING OF ORDINANCE (January 17 2012): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACI'ION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading 2. ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # VISED - OS/12/2010 RESOLUTION # K1201 I Code Amendments�Sign Code, High Profile and Banner Signs�COUNC►L Agenda Bill Banner Signs Only.doc COMMITTEE RECOMMENDATION: 1 move to forward the proposed ordinance to First Reading on January 3 2012. COUNCIL MEETING DATE: January 3, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT Sign code amendments pertaining to high profile signs and banner signs. POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to allow additional high profile signs and allow banners as a type of building mounted signage? COMMITTEE Land Use/Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business /1 ■ S'raFF RErolt'r BY: Contract Planner Jim Harris Ordinance Resolution MEETING DATE: December 5, 2011 ❑ Public Hearing ❑ Other DEPT Community & Economic Development Summary: T'he proposed amendment to the Federal Way Revised Code (FWRC) Chapter 19.140, "Signs," would amend three sections of the sign regulations which pertain to nonresidential zoning districts. The first proposed amendment would allow an additional (third) high profile pole or pylon sign for qualifying properties in the City Center-Core (CGC), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts. The second proposed amendment would allow the use of firmly affixed wall-mounted banners as an approved sign type in non-residential zoning districts. The third proposed amendment is to modify the defmition of banner. T'he Planning Commission held a public hearing on the proposed amendments on November 2, 2011, and recommended the City Council approve the zoning code amendments. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibit A; 3) Draft minutes of the November 2, 2011, Planning Commission Public Hearing. Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendation. __ _�___� PLANNING COMMISSION'S RECOMMENDATION The Planning Commission recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. �, _ MAYOR APPROVAL: Committee Council DIRECTOR APPROVAL: COUriCll COMMITTEE RECOMMENDATION: I move to SC'�f� � S�?�� GOG�L tt�n�nLt�r�n�' ��'�-'7� '�Z�6 �5''C��'� 6rzfmu�ces cu-�.d- �'cru.�arzf t�cc� orzCrn�tn fc �tt,-�J�.nccan� 3 2��z Cc� .,� o�l� n ��-nda- fr i'�f r�a � c�-e-(.,.�_-- inda Kochmar, Committee Chair J ov Committee Member e, Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (January 3 , 2012): I move to forward approval of the ordinancesto the January�! 2012, Council Meeting for adoption. 2" READING OF ORDINANCE (January 17, 2012): " move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION En$ctment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # K:\201 I Code Amendments\Sign Code. High Profile and Banner Signs\COUNCIL Agenda Bill doc ORDINANCE NO. 12- AN ORDINANCE of the City of Federal Way, Washington, relating to wall mounted banner signs; amending FWRC 19.140.150, 19.140.130 and 19.05.190(s). (Amending Ordinance Nos. 08-583, 07- 554, 07-550, 06-523, OS-486, 99-357, 99-348, 95-235, OS-504, 96-270, 09- 610, 09-605, 09-593, and 08-585) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed, necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations for signs within the City of Federal Way; and WHEREAS, the proposed amendments would allow the use of firmly affixed wall-mounted banners as an approved sign type in non-residential zoning districts; and WHEREAS, the proposed amendments would modify the definition of banner; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October I5, 2011, and no comments or appeals were received and the DNS was finalized on November 14, 2011; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2011, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on December 5, 20l 1, and recommended adoption of the text Ordinance No. 12• Page 1 of 5 Rev 1/IOLU amendments as recommended by the Planning Commission; however, the LUTC moved to separate the sign code amendments that were considered by the Planning Commission, into two separate ordinances. The separate ordinances pertain to: a) high profile pylon and pole signs; and b) wall mounted banner signs. The subject of this ordinance only pertains to wall mounted banner signs, and a separate ordinance pertaining to high profile pylon and pole signs will be considered by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findines. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by allowing businesses to have signs that will help attract customers to businesses, sales, and other events, thus supporting economic development. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Pdan goals and policies: EDG-6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. Ordinance No. 12- Page 1 of S Rev I/10 LU EDPIO The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDPIS The City will continue to implement a streamlined permittingprocess consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because when correctly located and installed, wall mounted banner signs will not interfere with vehicular or pedestrian travel and will not create visual clutter, yet will allow signage that will assist businesses in attracting customers. Limiting the number, size, and type of signage will continue to promote a positive visual image of the city. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because wall mounted banner signs help to attract customers to businesses, sales, and other events, thus supporting economic development. Section 3. FWRC 19.05.190 is hereby amended to read as follows: (5) "Banner" means a sign made of€a�� any non-rigid material with no enclosing framework. Section 4. FWRC 19.140.130 is hereby amended to read as follows: 19.140.130 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWRC 19.140.190: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to FWRC 19.140.120 Table 1, FWRC 19.140.060(6), and FWRC 19.140150ln). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Inflatable advertising devices, except as expressly allowed in FWRC 19.140.070. (8) Mylar balloons. (9) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (10) Off-site signs except those expressly allowed in this title. (11} Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly ailowed pursuant to Table 1 of this chapter. (12) Portable signs except as expressly allowed in FWRC 19.140.060. Ordinance No. 12- Page 3 of S Rev 1/10 LU (13) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (14) Signs in a public right-of-way except governmental signs, and except portable signs that follow the requirements of FWRC 19.140.060(29). (15) Roof signs. (16) Simulations of tra�c signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. (17) Snipe signs. (18) Vehicle signs inclucling any sign attached to, or placed on, a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during t�e normal caurs� ofbusiness. Section 5. FWRC 19.140.150 is hereby amended to read as follows: 19.140.150 Signs in nonresidential zoning districts — Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; ( fl Electronic changeable message signs; (g) Instructional signs; (h) Marquee signs; (i) Projecting signs; (j) Tenant directory signs; (k) Time and temperature signs; (1) Under-canopy signs; and (m) Wall-mounted signs. � (n) Wall-mounted banners. Notwithstandin� the provisions of FWRC 19.140.130, wall mounted banners firmly affixed to a building_fapade, maintained in og od repair, and otherwise meetin t� he height, area, and number regulations of this section. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The totai sign area of building-mounted signs for each business or tenant, excluding under-canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 syuare feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall-mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the Iargest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: Ordinance No. Il- Page 4 of S Rev 1/l0 LU Section 6. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST 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.: K:�2011 Code AmendmentslSign Code, High Profile and Banntt Signs �I.UTCIREVISED Ordinance Sign Code Bannv Signs 12-12-201 l.doc Ordinance No. 12- Page S of S Rev 1/10 LU The attachments listed below pertaining to the Wall Mounted Banner Sign ordinance can be found with the preceding High Profile Sign ordinance in this City Council packet. • Staff report to The Planning Commission dated November 2, 2011. • Octo�ber 19, 2011 Letter from Steadfast Corporation to Deb Barker. • Meeting Minutes from November 2, 2011 Planning Commission. Januar 1'7, 2oi2 COUNCIL MEETING DATE: CITY OF FEDERAL WAY ITEM # : -� a � CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED AMENDMENT TO FEDERAL WAY REVISED CODE CHAPTER 9.09, ANIMAL LICENSING, AND CHAPTER 19.260, ANIMAL ZONING REGULATIONS, REGARDING THE REGULATION OF CATS AND DOGS WITHIN THE CITY POLICY QUESTION Should the City Council approve and adopt the proposed amendments to Chapters 9.09 and 19.260 of the Federal Way Revised Code regarding the regulation of cats and dogs within the city? COMMITTEE PRHS&PS CATEGORY: � Consent ❑ City Council Business � Ordinance ❑ Resolution ❑ Public Hearing 0 Other STAFF REPORT BY: Patricia Richardson Ci Attorne DEPT• Law __ __...........--------..._._ ..................._..._..._............................._..... _...__........_..._— � _ __h'_.._.................................Y........_..__-----...._._..........._._..._._............_......--------.._........._....._.._....._......._ _._._...._....._..--�- Attachments: Staff Report, Proposed Ordinance Summary: The Federal Way Revised Code (FWRC) currently contains zoning code requirements related to pet household limits that conflict with the issuance of hobby licenses as outlined in Chapter 9.09 FWRC. The proposed ordinance amends the impacted chapters of the FWRC to provide consistency and designates Title 9 as the sole source of regulations for cats and dogs within the city. Options: l. Approve the proposed ordinance amending Chapters 9.09 and 19.260 of the FWRC regarding the regulation of cats and dogs within the city. 2. Modify the proposed ordinance. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Comm�tt e c C COMMITTEE RECOMMENDATION: I move to forward the 2012City Council meeting. � Committee COUNCIL MOTION(S): ordinance to First Reading on January 3, i� �!c%r �- ber -/ �mittee Member 1 READING OF ORDINANCE (JANUARY 3) 1 move to forward approval of the ordinance to the January 17, 201 Z Council Meeting for adoption. 2'� READING OF ORDINANCE (JANUARY 17): "I move approval of the proposed ordinance amending Chapters 9. 09 and 19.260 of the FWRC regarding the regulation of cats and dogs within the city. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading TABLED/DEFERRED/NO ACTION Enactment readiog MOVED TO SECOND READING (ordinances only) ORDINANCE # VISED— 08/12/2010 RESOLUTION # MEETING DATE: 12/13/2011 DIRECTOR APPROVAL: � �J� Comm�ttee Coi cil CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 22, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Patricia Richardson, City Attorney �� SUBJECT: Hobby Licenses — Code Provision Conflicts Summary: Chapter 19.260 of the Federal Way Revised Code (FWRC) currently contains zoning code requirements related to pet household limits that conflict with the issuance of hobby licenses as outlined in Chapter 9.09 FWRC. The proposed ordinance amends the impacted chapters of the FWRC to provide consistency designates Title 9 as the sole source of regulations for cats and dogs within the city. Specific Conflict: o FWRC 9. O5. 010: The definition of hobby cattery (6 or more cats) allows for a residence to have up to 5 cats without any additional licensing requirements, and the definition of hobby kennel (4 or more dogs) allows for a residence to have up to 3 dogs without any additional licensing requirements. There is no combination limits, so a household could potentially have a total of 8 pets (3 dogs and 5 cats) so long as they were all licensed pets. If a resident wishes to exceed these limits, a hobby license must be obtained per FWRC 9.09.40. o FWRC 9. 09.050: This section requires an applicant for a hobby license to present a letter from the City stating that the applicant is in compliance with the zoning restrictions set forth in Chapter 19.260 of the FWRC. o FWRC 19.260. 020: This section defines "household pets" and sets the limit at 3 or less for both dogs and cats per dwelling unit. It also sets a limit of 4 pets in any combination. This section goes on to define "small domestic animals" a more than 3 dogs or cats per dwelling or more than 4 pets in combination. Notice this is half the number of animals allowed outright (without even obtaining a hobby cattery or kennel license) in Title 9. o FWRC 19.260.060: This section sets requirements for properties where "small domestic animals" are kept. The minimum lot size is 35,000 square feet a requirement that prohibits most residential dwellings from qualifying to have more than a total of four pets. This minimum lot size would also prevent the ability to issue hobby licenses in most cases. Current Status: There are approximately 5-10 pending requests for hobby licenses. The Animal Services Unit is enforcing FWRC 9.05.010 as it relates to pet limits when responding to various animal complaints. Citizens have been cooperative in reducing the numbers of pets (specifically dogs in all cases) to the legal limit. However, if a citizen requested a hobby license as opposed to reducing their number of pets, we would be unable to consider the request at this time. This could inhibit our ability to take enforcement action. Comparison to Other Jurisdictions: No two cities are the same. The pet limit laws vary drastically across the Nation with some cities enforcing strict limits (2 dogs) and other having no pet limits. The most prevalent trend is to limit the numbers of dogs in a household and have no limit on cats. The Puget Sound Region also exemplifies this varied approach to pet limits, although it appears that all cities in this area have some limit. The high end seems to be a combination of dogs and cats not exceed seven, before a hobby license is required. Not a11 cities provide hobby licenses. Recommendallon: Staff recommends removing cats and dogs from the zoning requirements of Title 19 and allowing Title 9 to be sole source of regulations regarding the keeping of cats and dogs within the city by making the following amendments: o Delete FWRC 9.09.050 o Amend FVVRC 9.09.040 to include the requirement of kennel/cattery inspections o Amend 19.260.010 to make it clear that cats and dogs are regulated in Title 9, not Title 19 o Amend 19.260.020 to remove all references to catch and dogs The Animal Services Unit woutd be the primary department responsible for the inspections, issuance, and enforcement of pet licenses and hobby licenses. The Community and Economic Development Department is in concurrance with the proposed revisions to FWRC Chapter 19.260 to be consistent with Title 9. 2 ORDINANCE NO. AN ORDINANCE of the City of Federai Way, Washington, relating to animal services; repealing FWRC 9.09.050; amending FWRC 9.09.040, 19.260.010 and 19.260.020. (Amending Ordinance Nos. 10-661, 07-573, 02-424, and 90-43.) WHEREAS, Federal Way Revised Code ("FWRC") Title 9, "Animals," sets forth the administration, regulations, enforcement, and licensing requirements of animal services in the City of Federal Way; and WHEREAS, updates to Chapter 9.09 FWRC are needed to clarify that Title 9 is the sole title in which regulations concerning cats and dogs will be located; and WHEREAS, updates to Chapter 19.260 FWRC are needed to clarify that Title 9 supersedes Title 19 with respect to cats and dogs; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to update Title 9 to adopt changes to these chapters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section l. The Sections List of Chapter 9.09 FWRC is hereby amended as follows: Sections 9.09.010 Cat and dog licenses. 9.09.020 Kennel, pet shop, cattery, or sheiter permits required. 9.09.030 Grooming parlor permit required. 9.09.040 Hobby kennel or hobby cattery license required. 9.09.060 Denial of license — Appeal. 9.09.070 Revocation, suspension, refusal to renew. Ordinance No. 12- Page 1 of 4 Rev 1/10 Section 2. FWRC 9.09.050 is hereby repealed in its entirety: , , c�neni.�l rle�iel�nmen4 normi� M.�c� heen ic+c.� �erl f'nr 11+e ir��cnrlcr) � �c�n Section 3. FWRC 9.09.040 is hereby amended to read as follows: 9.09.040 Hobby kennel or hobby cattery licenserequired. It is unlawful for any person to keep and maintain any dog or cat within the city for the purposes of a hobby kennel or hobby cattery without obtaining a license. Applications for licenses for hobby kennels or hobby catteries shall be made tothe animal services authority on forms provided by the city. Hobby licenses will not be issued or renewed prior to an inspection of the premise conducted by an Animal Service Officer. The Animal Services Officer mav establish conditions to be met by thepet owner in order to become and remain licensed. The fee set by resolution of the city council for such license shall be assessed upon the owner of such animals. In addition, each animal shall be individually licensed pursuant to the provisions of FVVRC 9.09.010. Section 4. FWRC 19.260.010 is hereby amended to read as follows: 19.260.010 Application of chapter. This chapter establishes special regulations that govem the keeping of animals in any zone where a dwelling unit is permitted. The keeping of cats and doas is permitted in any residential zone or other zone where a dwellinca unit is permitted, subiect tothe provisions of FWRC Title 9, Animals. 7he keeping of animals other than cats and doqs is permitted in any residential zone or other zone where a dwelling unit is permitted, subject to the provisions of this chapter �e , . However, any provision of this chapter that is inconsistent with a specific provision applicable to suburban estate zones does not apply n suburban estate zones. Section 5. FWRC 19.260.020 is hereby amended to read as follows: 19.260.020 Types of animals. Animals will be regulated according to the following categories: (1) Household pets. The following animals will be regulated as househdd pets: (a . {�-} Four rabbits or less per dwelling unit. (e� Gerbils. {€c) Guinea pigs. (Qci} Hamsters. {�ie) Mice. (�fl Caged birds. Ordinance No. 12- Page 2 of 4 Rev 1/10 (tg) Nonvenomous reptiles and amphibians. (�h) Other animals normally associated with a dwelling unit, and which are generally housed within the dwelling unit. (2) Small domestic animals. The following animals will be regulated as small domestic animals: (a) . {�} More than four rabbits per dwelling unit. (e� FowL Refer to fWRC 19.260.055 for chickens and ducks on lots less than 35,000 square feet and citywide rooster limitations. (3) Large domestic animals. The following animals will be regulated as large domestic animals: (a) Horses. • (b) Cattle. (c) Sheep. (d) Pigs. (e) Goats. (fl Other grazing or for�ing animals. (4) Bees. Section 6. 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 7. 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 thereta Ordinance No. 12- Page 3 of 4 Rev 1/10 Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. 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 Waythis _ day of January 2012. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST 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. 12- Page 4 of 4 Rev 1/10