Council PKT 07-15-2014 RegularCITY OF
Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
July 15, 2014
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Fireworks Enforcement Report
b. Sound Transit: Federal Way Link Extension and Long Range Plan Update
c. Introduction of Code Enforcement Team
d. Multi- Service Center
e. Certificate of Recognition: Glen Brooks ...page 3
f. Certificates of Appointment: Planning Commission
g. Certificate of Appointment: Ethics Board
h. Comprehensive Annual Financial Report (CAFR)
i. Mayor's Emerging Issues and Report
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK 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.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: July 1, 2014 Special and Regular Meetings ... page 4
b. Fiscal Year 2014 COPS Grant Application... page 15
c. S 304th St at 28th Ave S Intersection Improvements — 30% Design Status
Report ... page 23
d. Grant Funding for Transportation Improvement Projects — Authorization to Submit
Applications ... page 25
e. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project
— 30% Design Status Report ... page 27
The Council may add items and take action on items not listed on the agenda.
6. COUNCIL BUSINESS
a. Panther Lake 2013 Neighborhood Traffic Study — SW 330th Street (W Campus Trail to
10th Ave SW) ...page 30
b. Police Guild Collective Bargaining Agreement... page 33
7. ORDINANCES
First Reading:
a. CB# 653: Amendinq Federal Way Revised Code Title 13 "Buildings" to Adopt
State - Mandated 2014 Electrical Code ... page 71
An ordinance of the City of Federal Way, Washington, relating to the adoption of the 2014
National Electrical Code and related matters; amending Title 13 "Building ", and amending
FWRC
Second Reading:
b. CB# 651: Amending Federal Way Revised Code 12.45 Taxicabs... page 80
An ordinance of the City of Federal Way, Washington, amending Federal Way Revised
Code 12.45 "Taxicabs"
c. CB# 652: 2014 Budget Adiustment ... page 84
An ordinance of the City of Federal Way, Washington, relating to Budgets and Finance to
revise the 2013 -14 Biennial Budget
8. COUNCIL REPORTS
9. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
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SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes of the July 1, 2014 Special and
Regular City Council Meetings?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Mayor's Office
........ ............... ... ......... _ ....
Attachments:
Draft minutes from the July 1, 2014 Special and Regular City Council Meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:
Committee Council Initial
CHIEF OF STAFF: N/A N/A
Committee Council
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
Committee Member
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
July 1, 2014
6:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:00 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,
Councilmember LydiaAssefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan
Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini
Duclos.
City staff in attendance: Interim City Attorney Amy Jo Pearsall and City Clerk Carol McNeilly.
2. COMMISSION INTERVIEWS
• Planning Commission
The Council interviewed three applicants seeking appointment to the Planning Commission.
3. EXECUTIVE SESSION
The Mayor, Council and Interim City Attorney adjourned to Executive Session at 6:44 p.m. to
discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Evaluate Qualifications
of Employees pursuant to RCW 42.30.110(1)(g) for approximately 15 minutes. They
adjourned from Executive Session at 7:00 p.m.
4. ADJOURNMENT
The meeting was adjourned at 7:00 p.m.
Attest:
Carol McNeilly, CIVIC, City Clerk
Approved by Council:
City Council Minutes — July 1, 2014 Special Meeting Page 1 of 1
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
July 1, 2014
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:10 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,
Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan
Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini
Duclos.
City staff in attendance: Interim City Attorney Amy Jo Pearsall and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Anthony Murrietta led the Pledge of Allegiance
3. PRESENTATIONS
a. Red, White and Blues Festival
Interim Parks Director John Hutton provided the final update prior to this Friday's Red,
White and Blues Festival. The entertainment lineup has seven live acts including musical
artists and a martial artist performances. This year there will be a children's parade as
well. Councilmember Honda reported staging for the parade will begin at 7:00 p.m.
b. Fireworks Enforcement
Police Chief Andy Hwang stated fireworks are illegal in the City. The Police Department
has issued notifications via various methods to remind residents that fireworks are illegal.
The Police will respond to noise and safety concerns related to fireworks and civil
infractions may be issued. Residents can report violations by calling 911 or 253 - 835 -2121.
c. National Night Out Event
Police Chief Andy Hwang stated the Police Department has participated in this event
since 1996. They partner with South King Fire and Rescue (SKFR) and St. Francis
Hospital. Historically there have been 20 -25 communities that participate. So far 13
communities are registered for this year's event. Neighborhoods can register to participate
in the event via the city website or by calling 253 - 835 -6707.
d. Town Square Park Update
PACC Project Director Ken Miller highlighted the photo of the park on the chambers
display screen. The chess boards and basketball hoops have been installed, planters
City Council Minutes — July 1, 2014 Regular Meeting Page I of 9
have been painted and plants added to them; Lowes donated paint for the retaining wall
and volunteers from Lowes painted it. The grand opening for the park will be July 12th
e. Branding Ad -Hoc Committee Report
Councilmember Maloney provided background information on the Branding Ad -Hoc
Committee which is comprised of Councilmembers Maloney, Duclos and Honda. The goal
of re- branding is to increase prosperity for all residents through the outcomes of the re-
branding initiative.
Councilmember Maloney reviewed the elements of each of the following phases of the re-
branding process:
Phase 1 — Determination /Evaluation;
Phase 2 — Strategic and Tactical Direction;
Phase 3 — Implementation.
The Committee will meet monthly to begin Phase 1. Community input is welcome and
encouraged. The Committee will report to the Council on when the first elements of
Phase1 will be conducted, and will be working hand in hand with the Mayor, Council,
Community and Stakeholders.
f. Mayor's Emerging Issues and Report
Economic Development Visioning Process: Chief of Staff Wilson stated there are 2 study
sessions scheduled to identify the goals of economic development and business
development opportunities. Representatives from the Council, the School District, the
Chamber of Commerce and other organizations will meet to discuss strategies for
implementation in 2015.
Town Square Park Programming: Interim Parks Director John Hutton recapped the
activities that will occur at the July 12th grand opening event which will be held from noon
to 4:00 p.m. Park programming will include volleyball tournaments, basketball clinics and
tournaments; yoga and Tai Chi classes /demonstrations, music events /concerts and food
trucks will also be part of the programming.
New Market Tax Credits: Finance Director Ade Ariwoola reported on this federal program
where the City is seeking funds for the Performing Arts and Community Center (PACC)
construction. Staff met with consultant Michelle Moran on June 26, 2014 for a briefing on
the program. Second round /tier allocations will be awarded in December 2014.The
process for the 2015 allocations will start in September 2014. The City will continue to
work with their consultant on the second round /tier allocations. Mr. Ariwoola noted the
primary criteria of receiving funds via this program is project "readiness."
Councilmembers asked clarifying questions of Mr. Ariwoola regarding funding amounts for
the New Market Tax Credits; approved use of funds; the maximum amount of funding that
may be awarded; and the timeline of when this funding can be accepted which is during
the construction phase only.
Section 1OSfunding:Mayor Ferrell asked Mr. Ariwoola to report on recent information from
Senator Murray relating to preliminary funding of $3 million that has been put aside. Mr.
Ariwoola stated our consultant has outlined the steps the city will take to secure the
funding for the PACC project.
Toys R Us Demolition: PACC Project Director Ken Miller reported the building is
scheduled for demolition on July 10th. Additional time will be needed for hauling away the
debris and item 5.e. on the Consent Agenda relates to the demolishing and hauling away
the building slab.
City Council Minutes — July 1, 2014 Regular Meeting Page 2 of 9
4. CITIZEN COMMENT
H. David Kaplan spoke in opposition of the Council awarding additional funding to the Federal
Way Cup Run Series. (Agenda item 6.g.)
Mohit Sharma spoke in support of re- activating the Youth Commission. Mayor Ferrell
suggested the Council form an Ad -Hoc Committee with Councilmembers Honda, Moore and
Assefa- Dawson to discuss the direction of the Youth Commission.
Gary Grant reported his neighborhood has not been receiving street sweeping services. He
would like to see an independent oversight committee of citizens to address issues that occur
within the City. Mayor Ferrell noted he would treat Mr. Grant's street sweeping comments as
a Citizen Action Request (CAR) and will report back on this item at the next Council Meeting.
Rose Ehl and Mike Dziak who are Federal Way Farmers Market representatives, reported the
group is considering hosting a Wednesday Market from 11:00 a.m. to 3:00 p.m. Mr. Ehl
spoke in support of additional funding for the Federal Way Cup Run Series (Agenda item
6.g.). Mr. Dziak reviewed the advertising plan for the run series.
Tracy Hills stated he would like to volunteer for the shopping cart recovery program. He also
inquired when the old Target building would be demolished. Mayor Ferrell reported the City
does not own the old Target building.
Robert Morrison shared elements he would like to see developed in conjunction with the
PACC project, including a banquet room in the facility.
Norma Blanchard spoke in support of the Council imposing term limits for their positons.
Tim Burns posed questions to the Council regarding funding options and allocated funds for
the PACC. Mayor Ferrell addressed Mr. Burns questions.
Ryan Miller submitted written comments for the City Clerk to read into the record. Mr. Miller
does not support awarding additional TEG funds to the Federal Way Cup Run Series.
(Agenda item 6.g.)
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: June 17, 2014 Special and Regular Meetings
b. Vouchers
c. Monthly Financial Report — May 2014
d. Home Investment Partnerships Program Interlocal Agreement
e. Toys R Us Demolition Project— Change Order #1 to Demolish the Building Concrete
Slab and Haul Away
Motion: Deputy Mayor Burbidge moved approval of Consent Agenda items 5.a. through
5.e. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
City Council Minutes — July 1, 2014 Regular Meeting Page 3 of 9
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
Yes
COUNCIL BUSINESS
a. Ethics Board Appointment
Motion: Councilmember Honda moved to re- appoint Fred Neal to the Ethics Board
as a voting member with a term expiring June 30, 2017. Councilmember Duclos
second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
b. Planning Commission Appointments
At their July 1 st Special Meeting the Council interviewed three applicants seeking
appointment to the Planning Commission.
Motion: Councilmember Celski moved to move to appoint Diana Noble - Gulliford to
the Planning Commission as a voting member to fill the remainder of an unexpired
term ending September 30, 2016, and to appoint Nikole Coleman -Porter and
Anthony Murrietta as alternate members with terms expiring September 30, 2018.
Councilmember Moore second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
c. Confirmation of Public Works Director
Motion: Deputy Mayor Burbidge moved to confirm the appointment of Marwan
Salloum as the City's Public Works Director. Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney Yes
Councilmember Honda Yes
City Council Minutes — July 1, 2014 Regular Meeting Page 4 of 9
Councilmember Celski Yes
Councilmember Moore Yes
Councilmember Duclos Yes
Motion carried 7 -0.
d. Re- Lamping Project —Aquatics Area of Federal Way Community Center
Community Center Aquatics Coordinator Craig Feldman recapped the bid process
approved by Council on June Td for re- lamping the aquatics area of the Federal Way
Community Center with energy efficient LED lighting. Mr. Feldman reviewed the two bids
received and noted the difference in bid amounts is due to a proposal to utilize the existing
fixtures; therefore saving costs and eliminating the demolition of existing fixtures. Pacific
NW Lighting Services was the lowest bidder and will obtain a grant from Puget Sound
Energy to offset fifty- percent of this project. The city's cost of this project is approximately
$22,583.
Motion: Councilmember Duclos moved to award the Federal Way Community
Center Aquatics Area Re- Lamping project to Pacific NW Lighting, the lowest
responsive, responsible bidder, and authorize the Mayor to execute the contract.
Councilmember Celski second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
e. Reschedule August 5th Council Meetinq
To allow for Council participation in this year's National Night Out event the Council will
consider rescheduling their August 5th Regular Meeting to August 12th
Motion: Deputy Mayor Burbidge moved to suspend Council Rule 2.1(1) for the
purpose of rescheduling the August 5, 2014 City Council Regular Meeting to August
12, 2014. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Celski Yes
Councilmember Moore Yes
Councilmember Duclos Yes
Motion carried 7 -0.
f. Cancelation of August 19th Council Meeting
Historically the City Council has cancelled their second meeting in August to allow for
vacations and time off.
City Council Minutes — July 1, 2014 Regular Meeting Page 5 of 9
Motion: Deputy Mayor Burbidge moved to suspend Council Rule 2.1(1) for the
purpose of cancelling the August 19,
2014 City Council Regular Meeting.
Councilmember Celski second.
Councilmember Maloney
Vote:
Councilmember Honda
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
g. Tourism Enhancement Grant for 2014 Federal Way Cup Runs
Community Development Director Patrick Doherty reported on a request to augment the
Tourism Enhancement Grant awarded to 2014 Federal Way Cup Run Series in the
amount of $3000 in order to enhance the organizers ability to carry out more ambitious
marketing to attract more participants and visitors to the event.
Councilmember Honda spoke in support of awarding additional funding for the runs and
Councilmembers asked clarifying questions of Mr. Doherty.
Federal Way Farmers Market representative Mike Dziak shared information on the
advertising plan for the event which will reach communities within 25 -30 miles of Federal
Way.
Motion: Councilmember Honda moved approval of an additional TEG award in the
amount of $3,000 to the Federal Way Cup run series. Councilmember Moore
second.
Vote:
Deputy Mayor Burbidge
No
Councilmember Assefa - Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
No
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -2.
h. Program Year 2014 CDBG Annual Action Plan Funding Agreement
Community Services Manager Jeff Watson reported on the proposed agreement with
Housing and Urban Development (HUD) regarding Community Development Block Grant
(CDBG) funds for the 2014 program year. On June 19th the city received a letter from HUD
with notification of approved grant funding in the amount of $649,000. HUD requested the
agreement be executed within 2- weeks; therefore this agreement had to bypass the
Committee step and is now before full Council for approval tonight.
Motion: Councilmember Honda moved approval of the Program Year 2014
Community Development Block Grant Funding Agreement with HUD and authorize
the Mayor to execute said agreement. Councilmember Burbidge second.
Vote:
City Council Minutes — July 1, 2014 Regular Meeting Page 6 of 9
7.
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
x
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 6 -0.
Councilmember Maloney was out of the room during the vote.
i. Resolution: Inter -fund Loan for Performing Arts and Conference Center
Finance Director Ade Ariwoola stated the Inter -fund Loan resolution before Council is
intended for a maximum of $13 million draw -down loan for a term of 3 years. The interest
rate is at 1 % and may be paid back earlier as funds are available.
Councilmember Honda inquired the anticipated date for the first draw down from the loan.
Mr. Ariwoola responded if project construction began today, he estimated using these
funds three months into the project.
PACC Project Director Ken Miller stated preliminary construction on the project may begin
in early 2015; however the actual project construction will begin in Spring 2015.
Mr. Ariwoola referenced the budget adjustment that is forthcoming; which allocates other
funds to be used prior to beginning to draw down this loan. He added this resolution
strengthens the project's "readiness" for seeking the New Market Tax Credits.
Motion: Councilmember Duclos moved approval of the resolution authorizing the
inter -fund loan. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0. Resolution 14 -667.
ORDINANCES
First Reading:
a. CB# 651: Amending Federal Way Revised Code 12.45 Taxicabs
An ordinance of the City of Federal Way, Washington, amending Federal Way Revised
Code 12.45 "Taxicabs"
Interim City Attorney Amy Jo Pearsall presented information relating to regulating
taxicabs and other for -hire vehicles. She stated the proposed ordinance would repeal
Chapter 12.45 of the Federal Way Revised Code (FWRC) in its entirety and would
adopt by reference King County's Regulations as FWRC 12.45.020.
City Clerk McNeilly read the ordinance title into the record.
City Council Minutes — July 1, 2014 Regular Meeting Page 7 of 9
8.
Motion: Councilmember Duclos moved move to forward approval of the
ordinance to the July 15, 2014 Council Meeting for adoption. Councilmember
Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
b. CB# 652: 2014 Budget Adjustment
An ordinance of the City of Federal Way, Washington, relating to Budgets and Finance to
revise the 2013 -14 Biennial Budget
Finance Director Ade Ariwoola reviewed the purpose /goals of the proposed budget
adjustment which captures changes approved by the Council in the past few months.
It also meets the requirements of the Debt Service Fund as addresses Bond
proceeds. The resolution also identifies appropriation of PACC construction funding;
reallocation of Utility and REET funds and creation of separate health insurance,
liability insurance and unemployment insurance funds.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Duclos moved to forward approval of the ordinance to
the July 15, 2014 Council Meeting for adoption. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
COUNCIL REPORTS
Councilmember Duclos reported on rail cars that transport oil through the State and shared
concerns associated with this activity and the need for response plans. She hopes the State
will address a per - barrel transportation fees on this type of transportation. She suggested
including this topic in the Council's Legislative Agenda. She and Councilmember Assefa-
Dawson attended the Synchronized Swimming event at the King County Aquatic Center and
presented awards to the participants.
Councilmember Moore thanked Inclusion staff for their great work with that program. He
attended and reported on the AWC Conference; the Flag Day Ceremony; the Habitat for
Humanity events and the Annual Hylebos Picnic. He shared that he is part of the Community
Caregivers Network and thanked three new high school graduates who began working with
the program as well. Councilmember Moore wished everyone a wonderful 4th of JUly.
City Council Minutes — July 1, 2014 Regular Meeting Page 8 of 9
Councilmember Celski congratulated Mr. Salloum on his appointment as the Public Works
Director. He recapped some of the events occurring in the next week — including the opening
of Town Square Park and reported the next Land Use, Transportation Council Committee
meeting is Monday, July 71n
Councilmember Honda reported she attended the AWC Conference as well as a meeting of
the King County Flood Control District. She highlighted June events associated with the
Korean Cultural Month. City Vision has a summer feeding program for kids ages 18 and
under- flyers for this program can be obtained at City Hall. She thanked individuals who have
helped with the July 4th Kids Parade and noted the next Parks, Recreation, Human Services
and Public Safety Council Committee meeting is July 8 th
Councilmember Maloney did not provide a report.
Councilmember Assefa- Dawson thanked the community groups that helped those affected by
the Crestview Apartment fire. She reported on the AWC Conference she attended as well as
the Synchronized Swimming competitions being held at the King County Aquatics Center
through Saturday.
Deputy Mayor Burbidge stated the next Lodging Tax Advisory Committee meeting is July 10th.
She encouraged people to attend the Synchronized Swimming Events being held at the King
County Aquatic Center. She echoed Councilmember Duclos' concerns with oil transport
throughout the State. She recapped the events and her involvement with the Korean Festival
that took place at the Commons Mall.
Motion: Deputy Mayor Burbidge moved to suspend the Council Rules of Procedure to
continue the meeting past 10:00 p.m. Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
9. EXECUTIVE SESSION
The Mayor, Council and Interim City Attorney adjourned to Executive Session at 9:50 p.m. to
discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Evaluate Qualifications
of Employees pursuant to RCW 42.30.110(1)(g) for approximately 45 minutes. They
adjourned from Executive Session at 10:27 p.m.
10. ADJOURNMENT
With no additional agenda items, Mayor Ferrell adjourned the meeting at 10:27 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — July 1, 2014 Regular Meeting
Page 9 of 9
COUNCIL MEETING DATE: July
...15, 2014 ..................................................................................................................................................... ............................... ..................ITEM #: 5
............................ ................................ ............................................... _ ................................. _........................... .......................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FISCAL YEAR 2014 COPS (CHP) GRANT APPLICATION
POLICY QUESTION: Should the City Of Federal Way accept, If awarded, the FY2014 COPS (CHP) grant,
requestingfour (4) new police officer positions, to be used in special emphasis /investigations positions to target
and address crime in Federal Way?
COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: July 8, 2014
Council Committee (PRHS &PS)
CATEGORY:
® Consent
❑ City Council Business
STAFF REPORT BY: Stan
❑ Ordinance
❑ Resolution
Administrative Commander
Attachments:
1. PRHS &PS Committee Staff Report Memo
2. 2014 COPS (CHP) Grant/Partnership E -mail Announcement
❑ Public Hearing
❑ Other
DEPT: Police Department
Options Considered:
1. Approve the Police Department's application and acceptance of the FY2014 COPS (CHP) grant,
including the required city matching funds.
2. Reiect this COPS rant funding if awarded.
........................... J........................................................................ g......................... ....._......................... ........................................._........................................................................................................................................................................................................................................ ...............................
MAYOR'S RECOMMENDA
MAYOR APPROVAL: (B DIRECTOR APPROVAL:
Comn ittee ounoil jf
CHIEF OF STAFF: 0, 0,
Committee Council
COMMITTEE RECOMMENDATION: I move to forward the FY2014 COPS Grant Approval to the July
Council consent agenda for approval.
15, 2014
PROPOSED COUNCIL MOTION: `I move approval of the FY2014 COPS (CHP) Grant application and
acceptance, if awarded, including the required city matching grant, and authorize Mayor Jim Ferrell to accept
such Grant. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1sT reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED- 08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: July 8, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Police Chief
SUBJECT: Apply for and Accept, 2014 COPS Grant to Fund Four Police Officer Positions for
Three years.
Background
Historical:
In 2010, the Police Department submitted application to the 2010 COPS Hiring Program (CHP) and
was awarded funds for four sworn officer positions for a period of three years.
In 2011, the Police Department submitted application to the 2011 COPS Hiring Program (CHP) in an
effort to save positions, ultimately declining that award due to budget uncertainties.
In 2013, the Police Department submitted application to the 2013 COPS (CHP) requesting
federal funding for three (3) new officer positions. We did not receive this award.
The FY2014 COPS Hiring Program (CHP) is now open until 06 /23/14.
The Police Department submitted an application for this grant opportunity, requesting funding
for four (4) new police officer positions. We have requested the maximum Federal share of
$500,000.00, ($125,000 per officer position). The City share would be $424,688.00 over the
three year grant period.
If awarded this grant, the Police Department is requesting Council approval to accept the FY2014
COPS grant funding for these four (4) police positions starting in 2015, for a period of three
years, for a total salary and benefits cost of, $924,688.00.
The FY2014 CON grant is designed to increase the capacity of law enforcement agencies to
implement community policing strategies that strengthen partnerships for safer communities and
enhance law enforcement's capacity to prevent, solve, and control crime through funding for
additional officers. This grant award will allow the Police Department to continue to be diligent
in our efforts to provide a level of service that will ensure the safety and security of the citizens,
businesses, and organizations that live and work in the city.
There may be additional costs associated for vehicles & equipment items that the Police
Department is currently evaluating. The FY2014 COPS grant does not reimburse equipment,
training, uniforms or vehicles. The grant also does not reimburse for overtime.
The City will be required to retain these four officer positions after the FY2014 grant monies are
exhausted.
The Federal Way Police Department's goal for these grant funds is to allocate new officer
positions in the following Community Policing & Community Partnership strategy:
Four (4) Officers will be assigned and dedicated to proactive & special enforcement initiatives
directed to target and address crime.
The FY2014 COPS (CHP) funds will help us to target this problem, identify perpetrators in order
to enhance the safety and security of citizens, businesses, and organizations that live and work in
the city.
2
Lynette Allen
From: Andy Hwang
Sent: Thursday, May 22, 2014 9:34 AM
To: Stan McCall
Cc: Kyle Sumpter; Jim Ferrell; Brian Wilson; Ade Ariwoola
Subject: FW: 2014 COPS Hiring Program (CHP) Application Period — NOW OPEN!
Stan,
Please work with others to prepare and submit the grant application for the 2014 COPS Hiring Program.
Andy J. Hwang
Chief of Police
Federal Way Police Department
253.835.6716
andy.hwang @cityoffederalway.com
Federal Way is on Facebook and on Twitter @FedWayPD
From: Office of Community Oriented Policing Services (COPS) [mailto:copsusdoj @service.govdelivery.com]
Sent: Thursday, May 22, 2014 8:23 AM
To: Andy Hwang
Subject: RE: 2014 COPS Hiring Program (CHP) Application Period — NOW OPEN!
May 22, 2014
Dear Colleague:
I am pleased to announce that the application period for the 2014 COPS Hiring Program (CHP) is
now open. Applications for this year's CHP solicitation must be complete and submitted by 7:59 PM, EDT on
Monday, June 23, 2014, in order to receive consideration. CHP is a competitive grant program that provides
funding directly to law enforcement agencies having primary law enforcement authority to impact their
community policing capacity and problem solving efforts.
Under Fiscal Year (FY) 2014 CHP, awardees may receive up to 75 percent of the approved entry -level
officer salary and fringe benefit costs, with a minimum 25 percent local cash match requirement and a
maximum federal share of $125,000 per officer position over a three -year grant period. Grant funds may be
used to hire new, full -time sworn officer positions, to rehire officers who have been laid off, or to rehire officers
who are scheduled to be laid off on a specific future date as a result of local budget cuts. As in the past, CHP
requires that each position awarded be retained with local funds for a minimum of 12 months at the conclusion
of 36 months of federal funding for each position. Applicants must also use awarded CHP funding to
supplement (increase) state, local and or Bureau of Indian Affairs funds that otherwise would have been
dedicated to sworn officer positions in the absence of the grant. FY 2014 CHP funding is limited, and all awards
are subject to the availability of appropriated funds and any modifications or additional requirements that may
be imposed by law. For detailed information on CHP program requirements, application instructions,
FAQs and more, please visit the CHP page on the COPS website at
www.cops.usdoi.gov/Default.asp ?Item =2367.
Please note that applications for this program must be submitted in two parts. First, applicants must
apply online via www.grants.gov to complete the SF -424, the government -wide standard form required for
competitive grant application packages. Once the SF -424 has been submitted, you will receive an e -mail with
instructions on completing the second part of the CHP application through the COPS Office Online Application
System, found on the COPS Office website at www.cops.usdoj.goo through the "Account Access" link in the
upper right hand corner.
We thank you for your time and cooperation during the CHP application review process. If you have
questions about completing a 2014 CHP application, please contact the COPS Office Response Center at
1.800.421.6770.
Sincerely,
Ronald L. Davis
Director
Hizhliehts of the FY2014 COPS Hirinz Proeram
School Resource Officers (SRO)
Applicants who select "School Based Policing through School Resource Officers" as a problem area will
receive additional consideration for CHP funding. Applicants requesting officer positions(s) in order to deploy
SROs must deploy all their officer positions as SROs. If your agency requests officer position(s) to deploy as
SROs, you must select "School Based Policing through School Resource Officers" as your community policing
problem area in Section 6B of the online application. CHP grantees who use CHP funding to deploy SROs will
also be required to submit to the COPS Office the contact information for each school partner where they intend
to deploy the SROs, and to provide a Memorandum of Understanding between the CHP grantee. and the school
partner.
Please note that the COPS Office requires that the officer(s) deployed into the SRO position(s) spend a
minimum of 75 percent of their time in and around primary and /or secondary schools, working on youth - related
activities. There must be an increase in the level of community policing activities performed in and around
primary and/or secondary schools as a result of the grant.
Homicide and Gun Violence
The COPS Office supports the Attorney General's priority goal of reducing violent crime, especially if gun
related. Applicants who choose "Homicide" or "Gun Violence" as their community policing problem area in
Section 6B of their 2014 CHP application will receive additional consideration for CHP funding.
Homeland Security
Applicants who select "Homeland Security" as a problem area will receive additional consideration for CHP
funding. This problem area includes protecting critical infrastructures, information/intelligence problems, and
other homeland security problems.
Trust Problems
Applicants who select "Trust Problems" as a problem area will receive additional consideration for CHP
funding. This problem area includes issues of fairness and impartiality, transparency problems, respect
problems, and other trust- related problems.
Please note: CHP grantees who choose one of the community policing problem areas listed above will not
be allowed to change it post- award.
Additional consideration may also be given for the following:
Applicants who have experienced an unanticipated catastrophic event. Applicants indicating that they
have experienced an unanticipated catastrophic event will be required to submit an attachment
documenting the event or incident as part of their application.
Applicants that have a neighborhood or other geographic area designated as a Promise Zone as part of
the President's Promise Zone Initiative.
Applicants who commit to hire at least one military veteran. These military veterans may be in any of
the three hiring categories; new hire, rehire or rehire scheduled to be laid off. The COPS Office defines a
military veteran as someone "who served on active duty for a period of at least 180 days, any part of
which occurred beginning on or after September 11, 2001, to the present, and who has been discharged
or released from active duty in the armed forces under honorable conditions."
Additional details about these and other FY2014 CHP requirements can be found in the program's Application
Guide (instructions), available to your agency at
http://cops.usdoi.gov/pdf/2014AwardDocs/CHP/2014 CHP AppGuide.pdf; frequently asked questions are also
available and can be found at http: / /cops.usdoi.aov /pdf /2014AwardDocs /CHP /2014 - CHP -FAQs- meth.pdf.
Preparink Your Application
The COPS Office wants to ensure that your agency has sufficient time to complete your CHP application; we
strongly recommend that your agency begin preparations for your application at this time. To minimize delays
in submitting your application, please take some time now to address the following:
It is strongly recommended that applicants register immediately on www.grants.gov. For instructions on
how to register with Grants.gov please visit
http: / /www. rants.,qov/ documents /19/ 18243 /GrantsGovApplicantUserGuide .pdf /Oed6bbba- 3b87 -4600-
8449- 4bbI603b4e70. In addition, applicants are strongly encouraged to complete the SF -424 as quickly
as possible. For technical assistance with submitting the SF -424, call the Grants.gov Contact Center at
1.800.518.4726 or e -mail support cr rg ants.gov.
Visit the "Account Access" portion of the COPS Office web site at www.cops.usdoj.gov to determine if
your agency currently has an active online account and /or how to create one. Please note that the COPS
Agency Portal ( "Account Access ") has recently been modified. Answers to frequently asked questions
regarding the COPS Agency Portal can be found at: www.cops.usdoj .gov /Default.asp ?Item =2566 or by
contacting the COPS Office Response Center at 1.800.421.6770. Note: For best results with the COPS
website, we recommend Internet Explorer versions 9, 10, or 11. When using Internet Explorer 11 users
should add the COPS Office website to the Compatibility View settings in the browser by following
http: / /www.cops.usdoi.gov//pdf /Compatibility -IE1 l.pdf or contacting the COPS Office Response Center.
• If you do not remember your password or user name and need assistance with creating an account and /or
system access, or you would like to verify your agency's correct ORI number, call 1.800.421.6770
between 9:00 AM and 5:00 PM EDT, or e -mail askCopsRC ,usdojgov.
• Once logged into "Account Access," your agency will be able to add additional user accounts and also
update your agency contact and address information. Please ensure that your agency's Law Enforcement
Executive, Government Executive, and point of contact information are current with our office.
• A Data Universal Numbering System (DUNS) number is required to submit applications for COPS
funding. A DUNS number is a unique nine or thirteen -digit sequence recognized as the universal
standard for identifying and keeping track of entities receiving federal funds. Please note that obtaining a
DUNS number may take one to two business days. Visit www.dnb.com /us to obtain or verify your
number.
In addition to the DUNS number requirement, all applicants for federal financial assistance must be
registered in the System for Award Management (SAM) database prior to submitting an application.
The SAM database is the repository for standard information about federal financial assistance
applicants, recipients, and sub - recipients. Applicants must maintain an active SAM registration with
current information at all times during the grant application process and, if awarded, the grant award
period. If you have an active SAM registration that is set to expire before September 30, 2014, you must
renew your SAM registration before completing the application. Please note that the SAM verification
process may take up to two weeks to complete. To register or to verify that your SAM registration has
not expired, please visit www.sam.gov.
• You will be required to provide the unique Geographic Names Information System (GNIS)
identification number assigned to your agency. To look up your GNIS Feature ID, please visit:
hqp:Hgeonames.usgs.gov/domestic/index.html.
• Prepare to identify one community policing problem your agency will address with the requested
funding. Consider your current and planned community policing efforts and how they build community
partnerships, complement other community initiatives, and lead to organizational transformation.
• Gather information devoted to the need for federal assistance, including layoff and furlough information,
and unemployment rates.
• Prepare current budgetary information, such as current and projected entry -level officer salary and
benefits.
• Determine if your agency can meet the local cash match and federal share requirements, or whether a
waiver of the local cash match will be requested based on severe fiscal distress.
• If your agency indicates that your jurisdiction has experienced an unanticipated catastrophic event, you
will be required to submit a narrative description of the catastrophic event with as much detail as
possible.
• Applicants should note that all recipients of awards of $25,000 or more under this solicitation, consistent
with the Federal Funding Accountability and Transparency Act (FFATA), will be required to report
award information on any first -tier subawards totaling $25,000 or more, and, in certain cases, to report
information on the names and total compensation of the five most highly compensated executives of the
recipient and first -tier subrecipients. If applicable, the FFATA Subaward Reporting System (FSRS),
accessible via the Internet at www.fsrs.gov, is the reporting tool recipients under this solicitation will use
to capture and report subaward information and any executive compensation data required by FFATA.
The subaward information entered in FSRS will then be displayed on www.USASpending_gov
associated with the prime award, furthering Federal spending transparency.
All applicants should note that all recipients, as a condition of receipt of federal assistance, must
acknowledge and agree that they will not (and will require any subgrantees, contractors, successors,
transferees, and assignees not to), on the ground of race, color, religion, national origin, sex, disability,
or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any
person, or subject any person to discrimination in connection with any programs or activities funded in
whole or in part with federal funds. These civil rights requirements are found in the non - discrimination
provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Omnibus
Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975 (42
U.S.C. §6101, et seq.); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et
seq.); and the corresponding DOJ regulations implementing those statutes at 28 C.F.R. part 42 (subparts
C, D, E, G, and I). It will also comply with Executive Order 13279 Equal Treatment for Faith -Based
Organizations and its implementing regulations at 28 C.F.R Part 38, which requires equal treatment of
religious organizations in the funding process and nondiscrimination of beneficiaries by Faith -Based
Organizations on the basis of belief or non- belief.
• Each applicant entity must ensure that it has the necessary processes and systems in place to comply
with the applicable reporting requirements should it receive funding.
W �4 sent to andy USJP'g G;DVDeiiveiy, 0!1 t�ehalf off Office of Cwnrniunity 06ented Policing Sefwces
'. , , €: St. €:k`•l °� €r3gt«�a, i..t�53Ld? ; -? rr
COUNCIL MEETING DATE: July 15, 2014 ITEM #:�
................................................................................................................................................................................................................................ ............................... _............. ................................ ......... ........... ................. .................... _ ................... _......... ...............................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S304TH ST AT 28TH AVE S INTERSECTION IMPROVEMENTS — 30% DESIGN STATUS REPORT
POLICY QUESTION: Should the Council authorize staff to proceed with the design of the S304th St at 28th Ave S
Intersection Project and return to the LUTC and Council at the 85% design completion for further reports and
authorization?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 7, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Christine J. Mullen, E. z Street Systems Project Engineer DEPT- Public Works
................................... . .............
.................................................................................... .................................................... ......................... __..........Y..............._ ..................................................................................................................._............ ..........
Attachments: Land Use and Transportation Committee memorandum dated July 7, 2014.
Options Considered:
1. Authorize staff to proceed with the design of the S304th St at 28th Ave S Intersection Project and
return to the LUTC and Council at the 85% design completion stage for further reports and
authorization.
2. Do not authorize staff to proceed with finalizing the present design of this project and provide
direction to staff.
....................... ...............................
................... .._ ................................... ............... ........ ....... . ............. ..... ............ ...........__..... ............ ........_................................... ......................... ..._...................... ..... ....... .. ................. _ ............ ..... ................ ........... ................................. ._........_........................ ......._...._..............................
...
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 15, 2014 City Council
Consent A%=da for awrovain
MAYOR APPROVAL: DIRECTOR APPROVAL: _�
N4AiL
'ttee % nci � � e
CHIEF OF STAFF: WAWt/1 J )A4 U., AlVM
Committee Council
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 15, 2014 City Council consent agenda for
approval.
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the S304th St at 28"` Ave S
Intersection Improvements Project and return to the LUTC and Council at the 85% design completion stage for
further reports and authorization."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION H
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 7, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Christine Mullen, P.E., Street Systems Project Engineer
SUBJECT: S304th St at 28th Ave S Intersection Improvements — 30% Design Status Report
BACKGROUND:
This project will construct a traffic signal and a northbound right turn lane at the intersection of S304th St and
28th Ave S. This will require right -of -way acquisition on three parcels.
The following provides a brief synopsis of the progress on this project to date. Currently, the project design is
approximately 30% complete, which includes the following completed tasks:
• The Topographical Surveys
• Utility Coordination
• Project Design to 30%
Ongoing Tasks Include:
• Preliminary Contract Specifications
Project Design to 85%
• Shoreline Substantial Development Permit
• SEPA Documentation and Submittals
• Right -of -Way Acquisition
PROJECT ESTIMATED EXPENDITURES:
Design
$293,000
Right -of -Way Acquisition
80,000
2014 Construction Cost
606,000
10% Construction, Contingency
61,000
15% Construction Management
91,000
TOTAL PROJECT COSTS
$19131,000
AVAILABLE FUNDING:
Mitigation Fee $17,000
Budgeted City Funds in 2013 $400,000
TOTAL AVAILABLE BUDGET $417,000
As we proceed with the project design, the total project costs will be refined and presented to the Committee and
Council at the 85% design completion status report for further action. This project is not scheduled for
construction at this time. Construction funding needs to be identified.
COUNCIL MEETING DATE: July 15, 2014 ITEM #:
. ......... ....._.. .... ................ ......................... ... ...................... ............... ..................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Submit Applications
POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement
projects?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 7, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
:�5,7-11— DEPT: Public Works
STAFF REPORT BY: John Mulkey, P.E.., Interim Street Systems Manager ............................................................_........._..._.................................................._......_........._...... ............................._.
................................................................................................................. ............................... ....... ...............................
Attachments: Land Use and Transportation Committee memorandum dated July 7, 2014.
Options Considered:
1. Authorize staff to submit grant funding applications under the 2014 Transportation Improvement Board (TIB)
Funding Program for the S 352nd Street Extension (SR 161 to SR 99) project and 10th Avenue SW at SW
Campus Drive Intersection Improvements Project.
2. Do not submit any grant funding application for these projects in 2014.
.. .......... .. ._................... .............................. .... ......... ................... ....................... ._ ......... .......... . ...........
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Julv 15, 2014 City Council
Consent Agenda for approva
or
MAYOR APPROVAL: / �/o /DIRECTOR APPROVAL:
omrruttee ncil Co
CHIEF OF STAFF: ,�„j, jai ��6* Co ee
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the July 15, 2014 City
Council consent agenda forapproval.
a N
N ' f i 'l, 0
14 Alffs�
Bob Celski, Chair Kelly NAloney, Member Y ry iTAssefa-IWWkn, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to submit grant funding applicati &Ws under the 2014
Transportation Improvement Board (TIB) Funding Program for the S 352nd Street Extension (SR 161 to SR 99)
project and the 10`' Avenue SW at SW Campus Drive Intersection Improvements project."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 07, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum P.E., Public Works Director
John Mulkey, P.E., Interim Street Systems Manager A `✓'
SUBJECT: Grant Funding for Transportation Projects — Authorization to Submit Applications
BACKGROUND:
This memorandum provides the Council with the current funding availability of new grant funding
programs for transportation projects. Staff has evaluated all projects listed on the City's Six Year
Transportation Improvements Plan (TIP) and concluded that the following projects will likely be
competitive in the 2014 Transportation Improvement Board (TIB) Funding Program.
Project (Funding Phase)
Grant
S 352nd Street Extension (SR 161 to SR 99)
(Right of Way, Construction)
FY 2014 Urban Arterial Program (TIB)
Estimated Possible Grant Required
'roiect Cost Fund City Match
$6,000,000 $4,000,000 $2,000,000
101h Avenue SW at SW Campus Drive Intersection
Improvements Project.
(Right of Way, Construction)
FY2014 Urban Arterial Program (TIB) $1,200,000 $1,000,000
K: \LUTC\2014 \07 -07 -14 Grant Funding for Transportation Safety Projects.doc
$200,000
COUNCIL MEETING DATE: July 15, 2014 ITEM #:�
. ................................................ ................................................ ....................... _ ..................... ................... ............................................. .................... ...... __................................................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PHASE V (S340TH STREET TO S 359TH ST) PROJECT — 30%
DESIGN STATUS REPORT
POLICY QUESTION: Should the Council authorize staff to proceed with the design of the Pacific Highway South HOV
Lanes Phase V Project and return to the LUTC and Council at the 85% design completion for further reports and
authorization?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 7, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
a* "- DEPT: Public Works
STAFF REPORT BY: John Mulkey, P.E., Interim Street Systems Manager ....... ...........................
............... . . . . . . . . . ....................... ... ................. . . . . .......... . . . . . . . . . . . . . . . . . . . . . . . ................ . . . . . . . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . . . . . . ................................................. . ..... _ ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... . . . . . . . .
Attachments: Land Use and Transportation Committee memorandum dated July 7, 2014.
Options Considered:
1. Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase V Project
and return to the LUTC Committee at the 85% design completion stage for further reports and
authorization.
2. Do not authorize staff to proceed with the present design of this project and provide direction to
staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 15, 2014 City Council
Consent Aeenda for al)Droval: V x
MAYOR APPROVAL: / Y/iD IRECTOR APPROVAL
ommi e C ncil —
C HIEF OF STAFF:
COMMITTEE RECOMMENDATION: I move to forward Option I to the July 15, 2014 City Council consent agenda for
approval.
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Pacific Highway
South HOV Lanes Phase V Project and return to the LUTC and Council at the 85% design completion stage for
further reports and authorization."
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 7, 2014
TO: Land Use and Transportation Committee
VIA: Jim Farrell, Mayor
Marwan Salloum, P.E., Public Works Director 42P�
FROM: John Mulkey, P.E., Interim Street Systems Manager)-P"
anager) "
Pacific Highway South HOV Lanes Phase V Project;
SUBJECT: (5340th Street to S 359h Street) - 30% Status Report
BACKGROUND:
The Pacific Highway South HOV Lanes Phase V (South 340th Street to S359th Street) Project includes
adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping,
planted medians, left turn movements restricted to intersections, and consolidating driveways where
possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents
by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles
a day uses this section of Pacific Highway South, which operates over capacity.
The following provides a brief synopsis of the progress on this project to date. Currently, the project
design is approximately 30% complete, which includes the following completed tasks:
• The Topographical Surveys
• Project Design to 30%
• NEPA and Biological Assessment Documentations
• The Geotechnical Investigation
Ongoing Tasks Include:
• NEPA and Biological Assessment Documentations submittal and Project Permitting
• Channelization plans submittal and approval by W SDOT
• The Environmental Site Assessment (ESA) Phase I
• First Open House for the Project will be held October, 2014
• Value Engineering study will be held in November, 2014
• Environmental Site Assessment (ESA) Phase 11 If needed
Driveway Consolidation Studies
• Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation, and
Acquisition)
• Project Design to 85%
PROJECT EXPENDITURES:
Planning and Design $ 2,000,000
Right of Way Acquisition 2,600,000
Year 2014 Construction 10,000,000
15% Construction Contingency 1,500,000
Construction Management (12.5 %) 1,250,000
Underground Conversion (PSE) 500,000
TOTAL PROJECT COSTS $17,850,000
AVAELABLE FUNDING:
Total Grant Funding Authorized
(PSRC County wide)
Total Grant Funding Anticipated 2016
(PSRC Regional)
Total Grant Funding Anticipated
(TIB)
Budgeted City Fund (Year 2013)
Impact Fee
Interest Earnings
TOTAL AVAILABLE BUDGET
PROJECT BUDGET SHORTFALL
$2,639,331
$7,000,000
$4,500,000
$2,000,000
$62,264
$2,293
$16,203,888
- $1,646,112
(Federal )
(Federal)
(State )
Staff is not requesting a budget adjustment for this project at this time. The project budget is presented
only for your information and tracking purposes. As we proceed with the project design and right of way
acquisitions process, the total project costs including anticipated cost escalation for project construction in
2016 will be refined and presented to the Committee and Council at the 85% design completion status
report for further action.
cc: Project File
Day File
COUNCIL MEETING DATE:. T +@
CITY OF FEMRAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: (Oct _
Subject: Panther Lake 2013 NTS — SW 330th Street (West Campus Trail to 10th Avenue SW)
POLICY QUESTION: Should the Council approve the installation of two mini - roundabouts on SW 330th Street
at the 3rd Avenue SW and 6th Avenue SW intersections?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 2, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Erik Preston P.E. —Senior Traffic Engineer DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated June 2, 2014
Options Considered:
1. Authorize the installation of two mini - roundabouts on SW 330th Street at the 3rd Avenue SW and 6th
Avenue SW intersections and authorize the transfer of $90,000 from the Traffic Safety Fund to this
project.
2. Do not authorize the installation of the proposed traffic control devices and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the June 17, 2014 City Council
Consent Agenda for approval. A LL
MAYOR APPROVAL: MCI APPROVAL:
ommi a Co it Initial
CHIEF OF STAFF: zalyQ� y
o mi Council
COMMITTEE RECOMMENDATION: I move to forward Option I to the June 17, 2014 consent agenda for
approval.
Committee Chair Com ee Member Committe ember
PROPOSED COUNCIL MOTION: "I move approval of the installation of two mini- roundaboutsvon SW 330x"
Street at the 3rd Avenue SW and 6`" Avenue SW intersections and the transfer of $90, 000 from the Traffic Safety
Fund for this project. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1sT reading
TABLED EFERRED/NO ACTION `7 • S• l }
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 2, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Interim Director of AVo rks
Erik Preston, P.E., Senior Traffic Engineer
SUBJECT : Panther Lake NTS 2013 — SW 330`* Street (West Campus Trail to 10 h Ave SK)
BACKGROUND:
Residents along SW 330`t' Street between West Campus Trail and 10`h Avenue SW submitted a petition
requesting the installation of speed humps or other traffic calming devices to control vehicle speeds in an effort
to improve vehicular and pedestrian safety along SW 330'h Street. A traffic study was conducted and the results
are as follows:
• Roadway Classification : Principal Collector
• Average Daily Traffic (ADT): 8,681
• 85`h percentile speed: 36.5 mph
• Total collisions: 7
• Injury Collisions: 2
Based on the current adopted NTS installation criteria (per table below), SW 330'h scored 9.0 total
severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic
calming devices and the 6.0 severity points to not require a ballot.
Table 3
Principal Collector Street NTS Criteria (25 mph Speed Limits)
Point
Scale
85th Percentile
Seed
Average Daily
Traffic (ADT)
Location
School /Park
5 -Year Collision Histo
Total
Injury
Fatal
0.0
0-25
0 - 5,000
No
1
-
-
0.5
26-27
5,001 - 7,000
Yes
2
-
-
1.0
28-29
7,001 - 9,000
-
3
1
-
1.5
30-31
9,001 - 11,000
-
4
-
-
2.0
32-33
11,001 - 13,000
-
5
2
1
2.5
34-35
13,001 - 15,000
-
6
-
-
3.0
36+
15,001+
-
7+
3+
2+
A neighborhood traffic safety meeting was held on January 8, 2014. The attending group's proposal was to
install two traffic circles (at the 3rd Avenue SW and 6`h Avenue SW intersections) and one speed table mid -
block in between 3rd and 6th Avenue SW. The proposed speed table location has been marked on the street.
June 2, 2014
Panther Lake NTS
Page 2
In accordance with established NTS policies, staff was not required to (and did not) send ballots to
property owners and occupants near the proposed traffic calming device locations. However, public
outreach for the Land -Use & Transportation Committee meeting was conducted in the form of an
informational mailing to occupants, an article sent to the Mirror newspaper, variable message signs, and
notifications posted on the City's website. These were done to solicit public comment for changes to a
route that is used by many outside the immediate neighborhood.
March 3, 2014 Land -Use & Transportation Committee (LUTQ
At the March 3rd LUTC meeting, City staff presented the results of the data collection and outcome from
the neighborhood meeting. There was extensive public comment both for and against the proposal. These
comments highlighted several issues that required a deeper look and more understanding to refine a
proper solution. Committee members directed staff to review the issue further, obtain more public input,
and bring the issue back to the committee.
Speed and volume data were then collected on 10th Ave SW between SW 334th and SW 335th Street to
better address questions about extending the study area. Five -years of collision data was collected for 10th
Avenue SW. Staff also conducted a thorough sight distance evaluation and determined there were existing
issues at the intersection of 3rd Avenue SW for both vehicles and pedestrians that needed to be addressed.
April 29, 2014 Neighborhood Meeting
Staff prepared a presentation illustrating 5 additional traffic calming options besides the original proposal,
4 of which extended the study area southwest to include lot' Avenue SW, particularly the intersections
with SW 334th Street and SW 335th Street. The options presented also supported the bicycle and
pedestrian planning for the corridor to varying degrees.
An informal vote of all the options showed the strongest support for Option IA which would construct
two mini - roundabouts at the SW 330th Street intersections with 3rd & 6th Avenue SW. These roundabouts
would provide pedestrian refuge islands on all approaches, improving pedestrian safety by shortening the
crossing distance and requiring pedestrians to cross only one direction of traffic at a time. Both vehicle
and pedestrian sight distance issues would be addressed with this improvement. The roundabouts would
also support future bike lanes on the corridor.
The estimated cost of this project is approximately $90,000 which exceeds the $15,000 per neighborhood
per year budget limitation policy. To build this project, Council would need to approve additional funds.
Due to the sight distance safety issues at 3`d Avenue SW, Staff recommends funding these improvements
by transferring $90,000 from the Traffic Safety fund. This estimate is based on actual bid pricing received
from the contractor; the cost of $45,000- $50,000 shown at the neighborhood meeting was a preliminary
staff estimate used for comparing alternatives.
The proposed package should be effective in reducing speeds on SW 330th Street, improving side street
access, improving pedestrian safety, and addressing sight distance issues. However, there may be some
negative impacts to the neighborhood and other residents; including a slight increase in emergency
response time and through travel time.
cc: Project File
Day File
COUNCIL MEETING DATE: July 15, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED 2013 -2015 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY
POLICE GUILD
POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective
Bargaining Agreement with the Guild which has been ratified?
COMMITTEE: N/A
MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall Interim City Attorney - DEPT: Law
--..-.._.__............__..._._...---.-.........---. .- .._.........- _.._....- ._..... ...._..._......_......__....._....... ..._..........._..- ............ _......._._... ........ -.... --....-- ---- _..- .- .....................
— - -- - -- -
Attachments: Proposed 2013 — 2015 Collective Bargaining Agreement with the Federal Way Police Guild.
The City and the Guild began negotiations in April of 2013 for a successor Agreement, because the existing
Agreement expired December 31, 2012. The attached proposed Agreement is a culmination of negotiations and
mediation. The Guild members have ratified the Agreement.
The City's bargaining team recommends that Council approve the proposed 2013 -2015 Agreement and authorize the
Mayor to execute the document.
Options Considered:
1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents.
2. Reject the proposed Agreement and direct the City to continue negotiations through mediation with the
Guild.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N l & / I y DIRECTOR APPROVAL: "T V
Committee Counc' InitiaUDate
Initial/Date Initial ate
CHIEF OF STAFF: N l a fy
Committee C nci
Initial/Date I ' ial/D
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option
Committee Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED-
08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE GUILD
Collective Bargaining Agreement
PREAMBLE: The Federal Way Police Guild ( "Guild ") and the City of Federal Way
( "City ") mutually recognize the importance of ensuring the highest level of public
service. The parties agree that it is of paramount importance that they constantly
and vigilantly work to further this goal. The parties are dedicated to provide the
best possible police protection to the citizens of Federal Way, and have entered
into this collective bargaining agreement (the "Agreement ") in a spirit of
cooperation and collaboration in an effort to further this goal.
ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP
Section 1. Recognition. The City recognizes the Guild as the exclusive
bargaining representative for all employees in the bargaining unit as certified by the
Public Employment Relations Commission.
Section 2. Status at Academy. The provisions of this contract shall not apply
to police officer candidates prior to or while they are attending the State required police
academy.
Section 3. Guild Membership. It shall be a condition of employment that all
bargaining unit employees shall become members of the Guild and remain members in
good standing or pay an agency fee to the Guild for their representation to the extent
permitted by law. It shall also be a condition of employment that employees covered by
this Agreement and hired on or after its effective date shall, by the thirtieth day following
such employment, become and remain members in good standing in the Guild or pay
an agency fee to the Guild for their representation to the extent permitted by law.
Provided, that employees with a bona fide (as determined by the Public
Employment Relations Commission) religious objection to Guild membership and /or
association shall not be required to tender those dues or initiation fees to the Guild
as a condition of employment. Such employee shall pay an amount of money
equivalent to regular Guild dues and initiation fees to a non - religious charity mutually
agreed upon between the public employee and the Guild. The employee shall
furnish written proof that payment to the agreed upon non - religious charity has been
made. If the employee and the Guild cannot agree on the non - religious charity, the
Public Employment Relations Commission shall approve the charitable organization.
It shall be the obligation of the employee requesting or claiming the religious
exemption to show proof to the Guild that he /she is eligible for such exemption. All
initiation fees and dues paid to the charity shall be for non - political purposes.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Section 4. Dues Deduction. Upon receipt of written authorization individually
signed by a bargaining unit employee, the City shall deduct from the pay of such
employee the amount of dues as certified by the secretary of the Guild and shall
transmit the same to the Guild within five business days of the issuance of pay checks.
Section 5. List of Employees. The City will transmit to the Guild a current
listing of all employees in the bargaining unit within thirty (30) days of request for same
but not to exceed twice per calendar year. Such list shall include the name of the
employee, position, and salary.
Section 6. Hold Harmless. The Guild will hold the City harmless from any
and all liability resulting from the City's compliance with this Article.
ARTICLE 2: MANAGEMENT RESPONSIBILITIES
Section 1. The Guild recognizes the right of the City to operate and manage its
affairs in all respects in accordance with its lawful authority. The City retains the
authority that the City has not expressly delegated or modified by this Agreement.
Section 2. Management rights and responsibilities shall include, but are not
limited to, the following examples:
1. The City and the Department shall retain all rights and authority to which
by law they are entitled.
2. The City shall have the authority to organize and reorganize the
operations within the Department.
3. The Guild recognizes the right of the Department to enforce the
Department Rules and Regulations, and operational procedures and guidelines.
4. The City has the exclusive right to schedule work and overtime work as
required in the manner most advantageous to the City, consistent with the applicable
provisions of this Agreement.
5. The City has the right to assess an employee's performance of their job.
6. The City has the right to:
a. discipline, suspend, and discharge non - probationary employees
for just cause. Scheduling of disciplinary days off will be at the convenience
of Department operations.
b. to discharge probationary employees for any reason.
Employees who are discharged before completing their probationary period
shall not have access to the grievance procedures of this Agreement to
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
protest or challenge the discharge, or the reasons therefor.
c. to recruit, hire, promote, fill vacancies, transfer, assign, and
retain employees.
d. to lay off employees for lack of work or funds or other legitimate
reasons.
7. The City has the right to determine business hours, to determine the
starting and quitting times, and to discontinue work that would be wasteful or
unproductive.
8. The City has the right to control the Police Department budget.
9. The City has the right to determine the methods, location, means and
processes by which work shall be accomplished.
10. The City shall have the right to take any and all actions necessary in the
event of an emergency.
Section 3. The parties recognize the City may perceive a need to make
operational changes in areas that are not covered by the above management
responsibilities. In the event the City desires to make such a change in a mandatory
subject of bargaining, the City shall give the Guild at least ten (10) days notice of the
desired change. The Guild may request bargaining of the issue, and the City thereafter
will meet with the Guild in an effort to resolve the issue. Should resolution not be
achieved either party may request the assistance of a PERC mediator and the parties
will work to expedite that process. If mediation is unsuccessful the issue will
expeditiously be taken to interest arbitration pursuant to the standards contained in
RCW 41.56.
ARTICLE 3: HOLIDAYS
Section 1. Observed Holidays. On January 1st of each year, the City shall
bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit
employee for the following observed holidays:
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Commonly Called
First day of January
New Year's Da
Third Monday of January
Martin Luther King Da
Third Monday of February
President's Da
Last Monday of May
Memorial Da
Fourth day of July
Independence Da
First Monday of September
Labor Da
11th Day of November
Veteran's Da
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Fourth Thursday of
November
Thanksgiving Day
Friday following the fourth
Day after Thanksgiving
25th day of December
Christmas Day
2 Floating Holidays
For employees hired after January 1St in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1St during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31 St of any
given year, the City may deduct banked hours credited to the employee's holiday pay
bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination
occurs prior to July 1St of that year.
Effective January 1, 2010 the holiday bank shall increase from 96 hours to 116
hours of holiday pay. The additional 20 holiday hours will not be prorated, but will
be a lump sum added at the beginning of the calendar year or upon commencement
of employment.
The two (2) floating holidays are banked on January 1 st of each year, provided that
the City shall not be requested to bank hours for floating holidays for any employee
hired on or after July 1 st during the employee's year of hire. Floating holidays are
use or lose, will not be carried forward or cashed out if an employee permanently
leaves the service of the employer.
Section 2. Work on Holidays. The decision of whether an employee will be
required to work on an observed holiday will be made by the City. Employees working
on Thanksgiving Day, Christmas, New Year's Day (and an additional day each year to
be designated, prior to December 1St of the previous year, by the City) shall be paid at
time and one half for each hour worked.
Section 3. Use of Banked Holiday Hours. All employees shall make
reasonable efforts to expend their banked holiday hours prior to the end of each year
(December 31 st). Employees may use their banked holiday hours in increments no
smaller than two hours, and shall use all banked holiday hours prior to using any
vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO)
basis.
In the event an employee does not use all of his /her banked holiday hours prior
to December 31 st, the employee will forfeit the remaining banked holiday hours, except
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
that an employee may carryover unused banked holiday hours until June 30th of the
following year, if:
a. the employee makes a reasonable effort to use his /her banked holiday
hours /pay, the employee is denied the opportunity to use banked holiday hours /pay by
his /her supervisor, and the employee has written documentation of said effort in the
form of completed Department leave request forms reflecting that the use of banked
holiday hours /pay had been denied by the employee's supervisor, and /or
b. the employee was prevented from using banked holiday hours /pay
because of approved leave resulting from military service, long term disability, work
related injury, or a similar reason.
If an employee is unable to schedule banked carry-over time to be used by June
30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-
overtime prior to June 30th of that year. If the Deputy Chief is unable to schedule the
banked carry-over time by June 30th of that year, the City shall, upon the employee's
next regularly scheduled payday, cash out the hours that cannot be further carried -over
under these provisions at the employee's then - current rate of pay.
The City shall track employee use of banked holiday hours and, upon request,
the City shall provide employees and the Guild with annual reports in October of each
year reflecting the amount of banked holiday hours /pay for each bargaining unit
employee.
Section 4. Holiday Scheduling. The current allocation model for determining
the number of employees that will be allowed off for an observed holiday will continue
to be utilized, provided, however, that the City shall assume full authorized staffing (as
opposed to the number of employees actually employed). On Thanksgiving and
Christmas: patrol squads A, B, E, F, G, and H may have up to three officers gone on
vacation /holiday /comp time; patrol squads C and D may have up to two officers gone
on vacation /holiday /comp time; and minimum staffing is seven patrol officers from noon
to midnight. Parties may re -open for 2015 if the 8 -squad system remains in place.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
ARTICLE 4: VACATIONS
Section 1. Vacation Accrual. After six months of continuous service in pay
status, regular, full -time employees shall accrue vacation benefits while in pay status,
based upon their seniority, as indicated in the following table:
Full Years of Service
Annual Leave
in Hours
Through end of Year 5
96
Upon beginning of Year 6
132
Upon beginning of Year 11
150
Upon beginning of Year 16
180
Upon beginning of Year 21
204
Upon beginning of Year 26
1 220
Section 2. Probationary Employees. At the end of six months of continuous
employment with the Department in pay status, employees shall receive forty -eight (48)
hours of vacation credit. Probationary employees are not entitled to the use of vacation
hours during the first six months of employment.
Section 3. Accrual. Employees with six months of service shall accrue
vacation benefits on a semi - monthly basis, consistent with the City's payroll periods.
Part time regular employees shall accrue vacation leave in accordance with the
vacation leave schedule set forth in Section 1 of this Article, however, such accrual
rates shall be prorated to reflect his /her normally scheduled work week.
Section 4. Vacation Increments. Vacation may be used in two -hour
increments at the discretion of the Chief or his /her appointed designee.
Section 5. Payment Upon Death. In cases of separation by death, payment
of unused vacation benefits shall be made to the employee's estate, or in applicable
cases, as provided by RCW, Title 11.
Section 6. Forfeiture of Vacation. The maximum total vacation accrual is
two times the employee's annual accrual rate.
All employees shall use all of their excess vacation accrual prior to December
31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed
the maximum stated herein, upon request and with approval of the Department and the
City Manager, if cyclical workloads, work assignments or other reasons as may be in
the best interests of the City prevent the City from scheduling the vacation.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Employees who leave City employment for any reason will be paid for their
unused vacation up to the maximum specified herein, except that employees who
become disabled in the line of duty and retire as a result thereof, shall be paid for all
unused accrued vacation in their account at the time of the termination of their
employment. Any employee who voluntarily leaves the department and does not give
the City two weeks notice shall forfeit all unused vacation, unless such notice is not
reasonably possible.
Section 7. Vacation Scheduling - Seniority Basis. During January, the
Department shall conduct a bid for vacations for the following year. The bid shall be by
seniority, and conducted by division and shift. All vacation bid requests shall be for
work weeks. Vacation requests submitted subsequent to the vacation bid shall be
granted dependent upon Department needs on a first come, first served basis. The City
shall make the determination of how many employees may be on vacation at any one
time, provided, however, that the current allocation model for determining the number
of employees that will be allowed off for vacation will continue to be utilized, provided,
however: (a) the City shall assume full authorized staffing (as opposed to the number of
employees actually employed) and (b) no less than three (3) employees per squad on
each shift shall be allowed off on Thanksgiving and Christmas.
If the City cancels vacation once it has been approved and the affected
employee has incurred non - refundable expenses in planning for the same, the
employee shall be reimbursed by the City for those expenses. Any employee called
back to duty once vacation has begun shall be reimbursed for any additional
transportation costs incurred in returning to duty.
Section 8. Vacation Cash Out. Annually, each employee may elect to cash
out forty (40) hours of accrued vacation. An employee electing to cash out forty (40)
hours of accrued vacation must provide notice to HR no later than November 1.
Payment for those employees electing to cash out forty (40) hours of accrued vacation
shall be made on the first pay check in December. An officer must have at least one
hundred (100) total hours of sick leave, banked holiday hours, and vacation hours in
order to participate in vacation cash out.
ARTICLE 5: SICK LEAVE
Section 1. Sick leave benefits are accrued by employees based on their
eligibility to participate in either the LEOFF I or LEOFF II systems.
a. LEOFF I employees shall receive temporary disability payments in
accordance with state law.
b. LEOFF II employees shall earn 8 hours paid sick leave per month of
employment, up to a maximum of 1,040 hours.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Section 2. Sick Leave Usage. Accrued sick leave benefits may be used by
an employee to avoid loss of pay if the employee is unable to work due to personal
illness or injury, enforced quarantine in accordance with community health regulations,
or the serious injury or illness of a spouse or children living in the employee's
household requiring the employee's presence. Sick leave benefits may be used in one
quarter -hour (15 minutes) increments.
Section 3. Sick Leave Payment at Time of Retirement
a. LEOFF Retirement. Upon retirement into LEOFF 11, the City
agrees to pay twenty -five percent (25 %) of an employee's unused accrued sick
leave hours at the employee's current hourly rate.
Death in the Line of Duty. The City agrees to pay one hundred
percent (100 %) of an employee's unused accrued sick leave when death occurs
in the line of duty.
Section 4. Industrial Insurance Leave. If the state grants industrial
insurance benefits, the employee will remain fully compensated under the City's
"kept on salary" program ( "Program "). The Program will continue the full salary
without deducting any leave for thirty (30) days. In the event the employee
cannot return to work on the thirty -first (31S) day, the employee would become
eligible for time loss.
Unless otherwise required by State law, the procedure for workers'
compensation time loss payment/reimbursement will be as follows:
State Industrial Insurance will pay time loss compensation according to a set
formula based on marital status and number of dependents. Employees cannot
use sick leave and receive worker's compensation at the same time, because
this results in "double payment ". Employees must use the time loss money from
worker's compensation to "buy back" the sick leave used. Compensatory time
cannot be bought back. "Buy back" for vacation leave is optional. Since
worker's compensation only pays a percentage of full wages, an employee can
only "buy back" a percentage of the leave used with that money, however, the
employee will not suffer the income loss that occurs when he /she only receives
worker's compensation benefits. When an employee receives a worker's
compensation time loss check, he /she should turn the check over to payroll.
Based upon the employee's hourly rate and the amount of worker's
compensation time loss received, payroll will determine the amount of leave to
be bought back. Payroll will notify the employee when all available sick leave
and /or vacation leave has been used, and then the employee will keep additional
worker's compensation time loss payments until he /she is able to return to work.
The City will continue to pay its portion of health insurance premiums for up to a
total of six (6) months while an employee is on "kept on salary" and subsequently
receiving workers' compensation time loss payment.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
An employee who has been away from work due to an injury may not return to
work without a written statement from the appropriate medical personnel stating the
employee is able to resume his /her job duties, or specifying limits on duties which can
be performed.
Section 5. Family Care and Death.
a. Bereavement Leave. In the case of death of a member of an employee's
immediate family, regular, full time employees shall be entitled up to 30 hours of
bereavement leave. Regular, full time employees who have exhausted their
bereavement leave, shall be entitled to use sick leave in the amount of up to three (3)
days when death occurs to a member of the employee's immediate family.
b. Family Care Leave. Employees may use sick leave for family care
purposes in accordance with state law and the City's Employee Guideline.
C. Immediate Family. Immediate family is construed to mean persons
related by blood or marriage to an employee as follows: grandmother, grandfather,
mother, father, step parents, husband, wife, son, daughter, step children, legally
adopted children, brother, sister, and grandchildren.
Section 6. Statement of Physician. The City may reasonably require a
physician's statement for the purpose of assuring that sick leave benefits are being
used in conformance with this article, to verify that an officer has been released to
return to duty, and for FMLA related compliance.
Section 7. Fitness for Duty. The City may require that an employee take a
fitness for duty examination when the City has reasonable doubt that the employee can
perform the essential functions of the job.
Section 8. Physical Fitness.
a. Incentive. In recognition of the benefits of physically fit employees and
the fact that employees may expend their personal time to maintain a level of fitness,
each six months the department will conduct the physical fitness test that is required for
completion of the Washington State Criminal Justice Commission Basic Law
Enforcement Academy for officers, providing one on -duty opportunity for each shift to
pass the test. Each officer will get to take the test only once every six months. Any
officer that passes the exam will receive $150 (a potential of $300 annually). The first
six month period will be July through December 2014.
b. Minimum Fitness Standards. The City will discharge its duty to bargain
with the Guild before setting minimum fitness standards for the bargaining unit, and will
bargain the effects of setting the standards, such as testing procedures, etc. This duty
does not apply to individual medical decisions regarding officers.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Section 9. FMLA Leave. For purposes of determining the twelve (12) week
leave period provided by the FMLA, such period shall run concurrent with the
employee's accrued paid leave period. The amount of leave available for use is based
on a rolling twelve (12) month period.
Section 10. Sick Leave Incentive. In January of each calendar year,
employee sick leave usage will be reviewed. Employees who have not used any sick
leave in the preceding calendar year, and who have been continuously employed
during that entire calendar year, shall be rewarded by having eight (8) additional hours
credited to their vacation account.
Section 11. Shared Leave. An employee may be eligible to receive shared
leave if all of the following conditions are met:
a. The employee suffers, or has an immediate family member suffering from
an illness, injury, impairment, or physical or mental condition which is of an
extraordinary or severe nature and which has caused, or is likely to cause, the
employee to go on leave without pay status or to terminate his or her employment with
the City; and
b. The employee has completed one year of employment with the City; and
C. The employee has depleted or will shortly deplete his or her total of
accrued vacation, sick leave, compensatory time, holiday time and /or other paid leave;
and
d. Prior to the use of shared leave, the employee has abided by the City's
sick leave policy; and
e. When appropriate, the employee has diligently pursued and is found to be
ineligible for other disability benefits including workers comp time loss; and
f. The use of shared leave will not significantly increase the City's costs,
except for those costs which would otherwise be incurred in the administration of this
program or which would otherwise be incurred by the Department.
The Chief and the Mayor have the discretion to deny a request for shared leave.
The employee shall be required to provide appropriate medical justification and
documentation both of the necessity for the leave and the time which the employee can
reasonably be expected to be absent due to the condition. Unless otherwise approved
by the Chief or the Mayor the employee's eligibility to receive shared leave will be
limited to the highest total number of hours of his /her own sick leave balance in the 12
months prior to the shared leave request, so that the employee is eligible to receive a
"match" to his /her own accrued sick leave bank. An employee shall not receive more
than the equivalent of one -half of the number of hours in his /her typical work year as
shared leave throughout his /her employment. To the extent possible, shared leave
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should be used on a consecutive basis.
Shared leave will be administered in accordance with the Employee Guidelines.
ARTICLE 6: WAGE RATES
Section 1. Wages. Wage rate shall be as specified in Appendix A.
Section 2. Career Development Program. All officers not enrolled in the P3
option as of January 1, 2005, and all officers either electing to switch to the Career
Development Program after January 1, 2005 or who become entitled to the same or
more pay under the Career Development Program than the pay he /she is receiving
under the P3 option after January 1, 2005 will only be eligible to participate in the
Department's Career Development Program. A description of the Career Development
Program is contained in Appendix B.
Section 3. Conversion /Phase Out of P -3. The P -3 Plan will be phased out
by attrition, over time, in accordance with this section:
a. Effective January 1, 2005, the City will establish a "P -3" pay step. This
pay step shall be 6.25% above the Step E pay rate for Police Officer and shall be
reflected on Appendix A.
b. All officers enrolled in the P -3 option as of January 1, 2005 shall be paid
at the P -3 pay rate. Payment of the P -3 pay rate shall be retroactive to January 1,
2005.
C. Employees have an annual option to switch to the Career Development
Program, but once the Career Development Program is selected the P -3 option will no
longer be available to the employee. The employee will revert to Step E pay rate and
be eligible for the Career Development Program pay in addition to the Step E pay rate.
d. Employees participating in the P -3 option are not eligible to participate in
the Career Development Program.
e. Once an employee is entitled to the same or more pay under the Career
Development Program than the pay he /she is receiving under the P3 option, the
employee will be switched to Career Development. The employee would revert to the
Step E pay rate and be eligible for Career Development Program pay in addition to the
Step E pay rate.
f. Individual goals will not be established and /or be required for employees
participating in the P -3 option as in the past. The Department will continue to use the
process of setting goals for the Department, but will not condition the receipt of the "P-
3" pay rate upon the meeting of such goals.
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Section 4. On -Call Pay. Employees assigned as detectives, employees
assigned to the Traffic Unit/Major Accident Investigation Team, Total Station, and the
Bomb Unit shall receive an additional three (3) percent of the top step wage rate per
month as on call pay. Employees assigned to more than one position requiring the
payment of on -call pay shall receive on -call pay for only one such position.
Section 5. Extra -Duty Pay.
a. Employees assigned as Field Training Officers ( "FTOs ") shall receive an
additional seven (7) percent of the top step wage rate per month, as extra -duty pay for
all time spent in the actual training of employees.
b. Employees assigned as K -9 officers ( "K -9 ") shall receive an additional
three (3) percent of the top step wage per month.
C. Employees assigned to SWAT shall receive an additional three (3)
percent of the top step wage per month. SWAT pay shall not be duplicated or
pyramided with on -call pay.
d. Employees assigned to Total Station shall receive an additional three (3)
percent of the top step wage per month. Total Station pay shall not be duplicated or
pyramided with on -call pay.
Section 6. Corporal. The parties agree to replace the Officer in Charge (OIC)
program with corporal effective January 1, 2015. Corporals are included in the
bargaining unit. Corporals will perform the tasks previously done by the OIC's.
Corporals will receive a pay differential of five (5) percent above E step police officer.
The Guild and the City will negotiate details about the corporal program, including
selection and removal, in Labor - Management. The details will be documented in a
Memorandum of Understanding. The program will be a trial program for the duration of
this Agreement, and will be evaluated by the parties as part of the negotiations for their
next bargaining agreement.
ARTICLE 7: HOURS OF WORK
Section 1. Work Shifts.
a. The Patrol Division will continue to work a 4/10 schedule. Shift starting
hours and the number of positions per shift will be determined from time to time by the
City. The City may institute a power patrol shift (5/8 schedule).
b. (i) Detectives will work a 4/10 schedule with either Mondays or Fridays off.
In the event of court appearances or operational needs of the Police Department the
City may adjust the shifts and work days of Detectives to minimize overtime expenses
to the City, provided however, that where a Detective's or Detectives' shift or work day
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is adjusted because of operational needs of the Police Department, the employee(s)
will be given at least 72 hours advance notice of such adjustment. In the event an
employee or employees are not provided with the notice required by this section, the
employee or employees will be paid overtime for all hours worked outside the
employee's normal shift. Normal work hours will be from 0600 — 1600 or 0700 -1700.
Detectives will be authorized to work a traditional 5/8 schedule upon request. Except
for the rotating on -call detective assignment, if the City determines to have individual
schedules for detectives that do not have weekends off, the City will initially request
volunteers and then make the assignment by inverse seniority if there are insufficient
volunteers. Detectives and SIU will continue to flex their time when reasonably possible
so as to minimize overtime.
b. (ii) The swing shift for detectives described in Appendix C may be
implemented when there are fifteen (15) detectives. In the event the number of
detectives falls below fifteen (15), the City has a one (1) month grace period to fill the
detective vacancy. If the number of detectives remains below fifteen (15) following the
one (1) month grace period, all detectives shall be switched to day shift unless a
detective or detectives prefers to remain on swing shift.
b. (iii) During the fourth quarter of each year, the Department shall conduct a bid
among detectives for days off for the following year. The bid and the selection of days
off shall be by Department seniority. In the event it becomes necessary to fill a vacancy
in a swing shift position at a time other than when days off are bid for the following year,
the City shall first request volunteers for the swing shift from the detectives. In the
event there are no volunteers, selection of detectives for the swing shift shall be made
by reverse Department seniority.
b. (iv) In the event a new employee is assigned to detectives after bidding has
been completed for a year, such employee may not use his /her Department seniority to
displace /bump another detective.
c. (i) Traffic Officers assigned to the Field Operations Division will work a 4/10
schedule. In the event of court appearances or operational needs of the Police
Department, the City may adjust the shifts and work days of Traffic Officers to minimize
overtime expenses to the City, provided however, that where a Traffic Officer's or
Traffic Officers' shift or work day is adjusted because of operational needs of the Police
Department, the employee(s) will be given at least 72 hours advance notice of such
adjustment. In the event an employee or employees are not provided with the notice
required by this section, the employee or employees will be paid overtime for all hours
worked outside the employee's normal shift. Traffic Officers will be authorized to work
a traditional 5/8 schedule upon request.
c. (ii) The Saturday schedule for Traffic Officers described in Appendix C may
be implemented when there are eight (8) traffic officers. In the event the number of
Traffic Officers falls below eight (8), the City has a one (1) month grace period to fill the
Traffic Officers' vacancy. If the number of Traffic Officers remains below eight (8)
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following the one (1) month grace period, all Traffic Officers shall be switched to a
Monday- Friday schedule unless a Traffic Officer or Traffic Officers prefers to remain on
a Saturday shift.
c. (iii) During the fourth quarter of each year, the Department shall conduct a bid
among the Traffic Officers for days off for the following year. The bid and the selection
of days off shall be by Department seniority. In the event it becomes necessary to fill a
vacancy in a position on the Saturday schedule at a time other than when days off are
bid for the following year, the City shall first request volunteers for the Saturday
schedule from the Traffic Officers. In the event there are no volunteers, selection of
Traffic Officers shall be made by reverse Department seniority.
c. (iv) In the event a new employee is assigned to traffic after bidding has been
completed for a year, such employee may not use his /her Department seniority to
displace /bump another traffic officer.
d. Canine officers will work a 4/9 schedule but be paid for a 4/10 schedule.
All time spent in the extraordinary care of the dog (e.g., veterinary visits) shall be at the
overtime rate.
e. The City may continue the assignment of storefront and Mall officers to a
different schedule. Future non - traditional specialized assignments may also be put on
a different schedule (i.e., 5/8)
f. Reopener. The parties agree that the City may reopen the issue of shift
scheduling with the Guild. Any such bargaining will be handled on an expedited basis.
After 60 days, either party may request a mediator from the PERC. The parties agree
to waive the arbitration panel and agree to select a single arbitrator in accordance with
the PERC procedure, and to cooperate in expediting the arbitration procedure.
g. The normal workday shall be inclusive of the thirty minute lunch period for
all members of the bargaining unit. Officers in investigations will flex their schedules so
as to minimize the impact on the City.
Section 2. Shift Bidding. Patrol Officers, Traffic Officers, and Detectives will
bid annually for their work shift and days off based upon seniority. The bid sheets will
be posted for one week, and officers on leave may bid by proxy or email.
The City may move an officer during the year, or after reviewing the bid results,
based upon reasonable necessity. In making such changes, the City will (when
practicable) initially request volunteers, and thereafter make remaining assignments by
utilizing the least senior officer(s) that meets the Departments' needs.
Section 3. Specialty Assignments. The assignment of employees to
specialty units shall be made by the City.
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Section 4. Shift Trades. With management approval, shift trades may be
made, upon request of the employee. Under no circumstances will a shift trade result
in the payment of contractual overtime, or have any other additional cost to the City.
Section 5. Out of Class. An officer assigned by the City to perform work out
of class (i.e. - as a lieutenant) will receive a 7% premium for those hours spent
performing those duties.
Section 6. On -Call.
a. Employees assigned as detectives for CIS and SIU, and employees
assigned to the Bomb Unit may be placed on a rotating, on -call schedule. No detective
is required to act as a back -up or secondary on -call, but the parties recognize when
contacted all detectives are urged and encouraged to accept necessary call -ins.
i. The rotating, on -call schedule for employees assigned as
detectives and the procedures for assigning such employees to the rotating, on -call
schedule shall be the rotating, on -call schedule and procedures that are currently being
used for detectives.
ii. The on -call schedule for employees assigned to the Bomb Unit and
the procedures for assigning such employees to the on -call schedule shall be the on-
call schedule and procedures that are currently being used for employees assigned to
the Bomb Unit.
b. Employees assigned to the Traffic Unit/MajorAccident Investigation Team
may be placed on a rotating, on -call schedule so long as no fewer than eight (8)
employees are assigned to the single Traffic Unit/MajorAccident Investigation Team on
call schedule.
i. The Major Accident Investigation Team shall be composed of those
employees assigned to the Traffic Unit and volunteers obtained by the City using the
current procedure used for making specialty assignments.
ii. The rotating, on -call schedule for employees assigned to the Traffic
Unit/Major Accident Investigation Team and the procedures for assigning such
employees to the rotating, on -call schedule shall be same as the rotating, on -call
schedule and procedures that are currently being used for detectives.
C. Employees who are on -call pursuant to an on -call schedule authorized by
this section shall carry a City provided pager or be reachable by telephone, and shall
generally respond within one (1) hour.
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ARTICLE 8: OVERTIME
Section 1. Any time worked in excess of the assigned shift shall be paid at the
overtime pay rate. Except in emergency situations, Department approval is required
before working overtime. Overtime shall be paid at time and one -half (1 -1/2) times the
employee's regular hourly rate of pay. Overtime shall be accrued in increments of
one - quarter hour, with the major portion of one - quarter hour to be paid as one - quarter
hour.
a. Compensatory time may be accrued by an employee at the time and one -
half (1 -1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of
eighty (80) hours. The accrual of compensatory time is contingent on approval by the
City.
b. Compensatory time off shall be used in accordance with the provisions of
the Fair Labor Standards Act and the case law decided there under, including
Mortensen v. County of Sacramento.
Section 2. Scheduling. The City has the right to schedule overtime work as
required in a manner most advantageous to the Department, consistent with the
requirements of municipal employment and the public safety.
Section 3. Callback. Any employee called back after finishing his /her regular
shift, or called to report on his /her day off for any reason (including being called into
court on matters arising directly from the officer's employment as a police officer), shall
be guaranteed three (3) hours pay at one and one -half (1 -1/2) times his /her regular
straight -time hourly rate of pay. If the assignments require time over the three (3) hour
guarantee, all time over the three (3) hours shall be paid at the rate of one and one -
half (1 -1/2) times his /her regular straight -time hourly rate of pay.
a. When an officer is called back to work within a three (3) hour period
immediately preceding his /her regular shift, he /she shall be entitled to pay at one and
one -half (1 -1/2) times his /her regular straight -time hourly rate of pay from the time of
appearance to the time his /her regularly scheduled shift begins, whateverthat period of
time shall be.
b. All court time accumulated which begins when an officer is on duty and
extends past his /her regular shift, shall be compensated at one and one -half (1 -1/2)
times the regular straight -time hourly rate of pay for the period following the regular duty
shift.
c. (i) Between two regular work shifts, graveyard patrol officers who are called
back to work or attend court during hours outside the officer's regular work shifts will be
granted up to eight consecutive hours of break from work for a rest period before being
required to return to work. The break begins when the employee arrives back at the
police station following the court or work obligation.
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c. (ii) When the rest period encroaches into an employee's subsequent
regular work shift and the employee intends to exercise the rest break option, the
employee must notify an on -duty supervisor or commander in advance of the
anticipated tardy arrival. The employee will be paid (at the regular straight time rate)
for rest break hours as if the employee was present at work.
c. (iii) This does not create a mandate for the employee to take an eight -hour
break before the employee can return to a work assignment. There is no rest period
granted in association with extra duty work — the expectation is that officers will
manage such optional work in a manner that allows them sufficient rest prior to their
regular work shifts.
c. (iv) If an officer calls in sick following the rest period instead of returning to
work as scheduled, the entire shift will be deducted from the officer's sick leave.
d. In the event an officer is given less than twelve (12) hours notice of
cancellation of a scheduled off -duty court appearance, he /she shall be entitled to three
(3) hours pay at one and one -half (1 -1/2) times their regular straight -time hourly rate of
pay. Notice of cancellation will first be attempted by direct phone message. If no
contact is made, a message to voice mail (either at home or the Department) indicating
time and date of message shall suffice as notification.
Section 4. The City has elected a 7(K) exemption pursuant to the Fair Labor
Standards Act (FLSA). The City may determine a work period consistent with the 7(K)
exemption, and will pay the overtime rate for FLSA hours worked in excess of the
maximum permitted in that work period, unless overtime pay has already been paid
pursuant to the requirements of this Agreement.
Section 5. Non - Pyramiding. Premium or overtime pay shall not be
duplicated or pyramided.
Section 6. FLSA Provisions. The City will comply with the hours of work
provisions of the FLSA regarding the determination of compensable time.
ARTICLE 9: MEDICAL DENTAL AND LIFE INSURANCE PROGRAMS
Section 1. Health Plan. The Employer shall provide LEOFF I employees
such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers
and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II
employees the coverage shall be as follows:
a. (i) Medical Plan. Effective January 1, 2013 the Employer shall pay each
month one hundred percent (100 %) of the premium necessary to purchase employee
coverage and ninety percent (90 %) of the premiums necessary for the purchase of
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dependent coverage (excluding spouses who are eligible for other coverage through
their place of employment) under Group Health Alliant Plus or Group Health direct
insurance plans as selected by the employee. The City will reimburse actual expenses
incurred in order to cover the annual deductible payments for "out -of- network" services
under the Alliant Plus Plan ($100 individual, max $300 family).
a. (ii) The City will retain the current plans for 2013 and 2014. Effective in 2015, there
will be a Plan A and a new Plan B. An officer and spouse /partner (if covered under the
plan) both must complete the Healthcare Questionnaire and the Biometric Screening by
October 31, 2014, in order to remain on Plan A for 2015. Failure to meet these
requirements will result in coverage under Plan B for 2015.
a. (iii) In 2015, an officer and spouse /partner (if covered under the plan) both must
complete the Healthcare Questionnaire and the Biometric Screening by October 31,
2015, in order to be eligible for Plan A in 2016. In addition, the officer must participate
in the City's wellness program. The Guild will work with the City to develop mutually
agreeable challenges.
a. (iv) The Guild will work with the City to ensure that the City is not required to pay any
excise tax under the Affordable Care Act.
b. Dental and Vision Plans. The Employer shall provide Group Dental Plan
equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and
their dependents. The Employer shall provide Group Vision Plan to the employees and
their dependents. C. Other. The life insurance benefit shall be one (1) time's
annual salary to a maximum of $110,000. Additionally, the Employer agrees to a
section 125 plan to allow for pretax payment of employee insurance co -pays by the
employee..
Section 2. Supplemental Disability Insurance. The City shall continue to
provide supplemental coverage. The Guild may elect to have a LEOFF II Supplemental
Disability Income Plan: In that event, the Employer shall provide for mandatory payroll
deduction for a LEOFF II disability plan selected and administered by the Guild.
Participation shall be a condition of employment for all LEOFF II employees. Other than
payroll deduction, the City shall have no responsibility for administration of this benefit.
Section 3. Retiree Health And Welfare Continuation. Any employee retiring
from the service of the City, including any disability retirement, shall be permitted to
purchase AWC retirees coverage provided that: (a) the City continues to provide
coverage through AWC, (b) AWC offers coverage to retirees, (c) the employee pays the
premiums for such coverage (including any additional premium required for dependent
coverage), and, (d) there is no cost to the City.
Section 4. Retirement Health Savings Plan. The City will establish a
mutually agreed upon, qualified, retirement health savings plan that will at a minimum
provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for
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the group of mandatory participation, (c) immediate vesting of all contributions, (d)
coverage for all medical expenses permitted by the IRS for medical expense
deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an
account to a surviving spouse /eligible dependent for use for eligible medical expenses
upon the death of the employee. The City will not make contributions to the Retirement
Health Savings Plan.
ARTICLE 10: MISCELLANEOUS
Section 1. Auto /Auto Reimbursement.
a. (i) Take Home Cars. Upon the completion of the probationary period,
bargaining unit employees who live within the City limits and /or PAA (Potential
Annexation Area) shall be issued take home vehicles which may be used to commute
to and from work and for transportation to all matters arising directly from the officer's
employment as a police officer, including extra -duty employment. Also, school
resource officers who live within the City limits, the on -call detective, K -9 officers,
employees assigned to SIU, and traffic officers assigned to motorcycles shall continue
to be issued take home vehicles in accordance with current practice.
a. (ii) The Study Of Take Home Car Program A labor management
committee shall be established to study and discuss the pros and cons of expanding
the boundary for take home cars and submit its findings for biennial budget
discussions.
a. (iii) Employee Vehicles All employees who have been authorized to use
their own transportation on City business shall be reimbursed for actual mileage at the
then current reimbursement recognized by the Internal Revenue Service.
Section 2. Appearances Before the Civil Service Commission, PERC, or
Labor Arbitrators. Employees who are requested by the City to attend proceedings
before the Civil Service Commission, PERC, or a labor arbitration may attend without
loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.),
shall be allowed to testify without loss of pay only during the time of their testimony.
The parties will cooperate in scheduling such witnesses so as to minimize any
disruption to the Department.
Section 3. Guild Negotiating Committee. Up to three employees who serve
on the Guild Negotiating Committee shall be allowed time off from duty to attend
negotiating meetings with the City.
Section 4. Guild Business. The Department shall afford Guild
representatives a reasonable amount of time while on -duty to consult with appropriate
management officials, Guild counsel and /or aggrieved employees, provided that the
Guild representatives and /or aggrieved employees contact their immediate supervisors,
indicate the general nature of the business to be conducted, and request the necessary
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time off. Such time off will not be allowed whenever the City reasonably determines it
will interfere with Department operations and Guild representatives shall not use
excessive time in handling such responsibilities. The Guild shall give the City as much
advance notice as reasonably possible of such time off requests.
Section 5. Bulletin Boards. The City shall permit the use of a bulletin
board by the Guild for the posting of notices relating to official Guild business, so
long as the matters posted are not inflammatory or otherwise detrimental to the
operations of the Department.
Section 6. Damage of Personal Effects. Employees who, in the line of duty,
suffer damage to personal property and /or clothing, will have same repaired or replaced
at Department expense. Damage caused by ordinary wear and tear will not be
covered, and replacement will be limited to personal effects of regular and ordinary
value (i.e. -no Rolex watches).
Section 7. Personnel Files. Employees shall have access to complete copies
of their personnel files at any reasonable time. The employee may request removal of
material that he /she believes is erroneous or irrelevant. If the employee does not agree
with the City's decision, he /she may prepare a statement responding to or supplementing
the material in the file, and that statement will be placed in the file. Employees may
request that written reprimands be expunged from personnel files after a minimum period
of three years if there is no recurrence of similar misconduct for which the employee was
disciplined during that period. Employees may request that records of more serious
discipline be expunged from personnel files after a minimum period of five years if there is
no recurrence of similar misconduct for which the employee was disciplined during that
period. Requests for the expunging of disciplinary references in personnel files, pursuant
to this section, shall not be unreasonably denied. Nothing in this section shall be
construed as requiring the City to destroy any employment records necessary to the City's
case if it is engaged in litigation in any way related to that employee's employment at the
time those records would otherwise be destroyed.
Section 8. Uniforms and Equipment.
a. (i) Department Issued Uniforms and Equipment As detailed more fully in
a Memorandum of Agreement between the parties agreement on uniforms, all
commissioned officers shall be furnished required uniforms and equipment.
a. (ii) Dry- Cleaning Uniforms shall be dry- cleaned at the City's expense as
necessary.
a. (iii) Clothing Allowance All employees shall be paid an annual allowance of
$100.00 per year for reimbursement for expenses incurred in the purchase of boots;
and, such payment may be rolled over to the next year in the event an employee does
not purchase boots during a year. Traffic officers assigned to motorcycles shall be paid
an annual allowance of $125.00 per year for reimbursement for expenses incurred in
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the purchase of eye protection. Officers assigned by the City to investigations will be
paid an annual clothing allowance of $500.00 which will be available for the
reimbursement of expenses incurred in the purchase of clothing needed in the
investigations unit (sport coats, etc.). Such payment shall be made upon assignment to
investigations and each anniversary date of the assignment to investigations thereafter.
For 2007, the increased payment for officers assigned by the City to investigations will
be retroactive based upon the anniversary date.
Section 9. Jury Duty. An employee required by law to serve on jury duty shall
continue to receive salary for up to forty (40) hours for each separate occasion the
employee is required to serve, shall be relieved of regular duties, and assigned to day
shift for the period of time so assigned to jury duty. The fees, exclusive of mileage,
paid by the Court for jury duty shall be forwarded to the City. The City shall have the
right to request the court to excuse the employee from any or all jury duty if there are
circumstances that would make the absence of the employee an undue hardship on the
City or other personnel.
When an employee is notified to serve on jury duty, he /she will inform his /her
immediate supervisor as soon as possible, but not later than two weeks in advance,
regarding the dates of absence from regular duties.
Officers who have time remaining on their shift at the time of release or dismissal
from jury duty shall immediately contact their supervisor to determine whether they
should report for duty.
Section 10. PIO / OPS / PSO.
The duties currently performed by the Public Information /Crime Prevention
Officer and the duties previously performed by the bargaining unit employee assigned
to the Office of Professional Standards may be assigned to non - bargaining unit
employees employed by the City.
Section 11. Community Center. Guild members will be eligible to participate
in the Federal Way Community Center's employee discount program pursuant to the
Employee Guidelines as they existed on January 1, 2014.
Section 12. Domestic Partner /Partnership
a. Requirements. In order to constitute a domestic partner under
this agreement an employee must sign an affidavit stating that
both parties are:
(i) Not related by blood closer than would bar marriage in
Washington State.
(ii) Not married to another or in any other domestic /civil partnership.
(iii) 18 years of age.
(iv) Competent to contract when the domestic partnership began.
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(v) Each other's declared sole domestic partner.
(vi) Currently sharing primary residence /mutual support/intend
indefinitely.
(vii) In an intimate, committed, and exclusive relationship
(viii) Of the same sex and /or opposite sex and responsible for each
other's common welfare.
b. Benefits.
(i) A person whom an employee identifies as his or her domestic
partner by completing an Affidavit of Domestic Partner will be
treated as and provided the same benefits as an employee's
"spouse " / "dependent" for all purposes under this agreement.
(ii) A dependent child of a person whom an employee identifies as his
or her domestic partner by completing an Affidavit of Domestic
Partner will be treated as and provided the same benefits as an
employee's "child "P'dependent" for all purposes under this
agreement.
Section 13. Tuition Reimbursement
a. (i) The City will reimburse employees for the cost of tuition and for
the cost of books, for prospective requests only, as long as the
subject matter of the specific course or course of study is job -
related and the tuition costs do not exceed those found at the
University of Washington.
a. (ii) In order to obtain the reimbursement, the bargaining unit member
must successfully complete the course, attaining a C grade or
higher and must reimburse the City if they leave the City's employ
within two years of class completion.
a. (iii) The City shall make twenty thousand dollars ($20,000.00) per year
available to bargaining unit members for tuition reimbursement. If
at any time during a year the maximum twenty thousand dollars
($20,000.00) limit is reached, then all subsequent requests for
tuition reimbursement shall be denied.
ARTICLE 11: PROHIBITED PRACTICES
Section 1. Neither the Guild nor the City shall initiate, authorize, or participate
in any strike, work stoppage, work slow -down, lock -outs, or any other organized effort
that interferes with the efficient operation of the Department.
Section 2. Employees covered by this Agreement who engage in any of the
actions prohibited in Section 1 above shall be subject to such disciplinary actions as
may be determined, up to and including discharge and termination, by the City. The
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Guild agrees that the level of any such disciplinary action issued by the City shall be
final and binding, and in no case be construed as a violation by the City of any
provision of this Agreement.
ARTICLE 12: REDUCTION -IN -FORCE
Section 1. Layoff. Employee layoffs shall be made on the basis of job
performance and seniority. Absent significant and material distinctions in job
performance, the employee with the least amount of seniority shall be laid off first.
Relative job performance shall be determined on the basis of qualifications and job
performance evaluations.
Section 2. Recall. Employees laid off in accordance with the provisions of
this Article will be offered reinstatement into future vacancies of the same classification
in the inverse order of layoff, for a period of one year from the date of layoff. An
employee that has been laid off must keep the City informed of their current address
and phone number. An employee who fails to report for duty within three days of being
recalled (or commits to return within three days, even though he /she can not actually
return for up to two calendar weeks due to the requirement to give notice to an interim
employer), or who rejects an opportunity for reinstatement, shall be removed from the
recall list.
ARTICLE 13: DISCIPLINARY INVESTIGATIONS
Section 1. Disciplinary Standards. No employee shall be subject to
discipline except for just cause. An employee who engages in off -duty misconduct may
be subject to discipline when: (1) the off -duty misconduct, if known, would harm the
City's reputation in the community; (2) the off -duty conduct materially affects the
employer's business operation; or (3) the conduct is inconsistent with the office that the
police officer holds.
Section 2. Disciplinary Investigations. In criminal matters, an employee
shall be afforded those constitutional rights available to any citizen. In administrative
matters relating to job performance, the following guidelines shall be as follows:
a. "Interrogation" as used herein shall mean any questioning by an agent of
the City who is conducting an investigation (as opposed to a routine inquiry) of the
employee being interrogated, when the agent knows (or reasonably should know) that
the questioning could result in employee discipline.
b. Before interrogation, the employee shall be informed of the nature of the
matter in sufficient detail to reasonably apprise him /her of the. matter. Nothing herein
shall operate as a waiver of the Guild's right to request bargaining information.
C. In conjunction with a standards investigation involving a matter of
potential consequential discipline (discharge, suspension, or demotion), the Department
will advise the subject officer(s) of the right to have a Guild representative present at
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July 2014
the interview. Neither the investigator nor administration will say anything to discourage
the presence of a Guild representative. The Department will notify a member of the
Guild E -Board prior to serving an officer with notice of investigation, and prior to actually
interviewing the officer. When the officer states a desire to have representation
present, the Department will allow a reasonable time for the officer to summon
representation. Upon completion of the investigation, the Department will also notify a
Guild E -Board member if the investigation results in discipline for the officer.
d. Any interrogation shall take place at the City Police Department, except
when impractical. The employee shall be advised of their right to and shall be allowed
Guild representation to the extent allowed by the law.
e. The questioning shall not be overly long and the employee shall be
entitled to such intermissions as are reasonably necessary.
f. The employee shall not be subjected to any offensive language or
abusive questioning, nor shall he /she be threatened with dismissal, transfer or other
disciplinary punishment as a guise to attempt to obtain his /her resignation.
g. The Employer shall not require any employee covered by this Agreement
to take or be subjected to a lie detector test as a condition of continued employment.
Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings,
except by stipulation of the parties to this Agreement.
h. The Department shall tape record the interrogation of the subject of an
investigation when potential discipline could result in suspension, demotion or
discharge. Upon request, a copy of the tape and the transcript will be provided. For all
Guild witnesses, in said investigation, other than the subject, the Department will either
tape the interview or obtain signed, written statements, which will become part of the
investigation and will be provided upon request.
ARTICLE 14: GRIEVANCE PROCEDURE
Section 1. Grievance Procedure Steps.
a. Any grievance that may arise between parties concerning the application,
meaning, or interpretation of this Agreement, shall be settled in the manner prescribed
by this grievance procedure.
b. A "Grievance" is defined as a claim or dispute by an employee, group of
employees, or the Guild concerning the interpretation or application of the provisions of
this Agreement. Nothing in this procedure shall prohibit an employee from discussing a
complaint directly with his supervisor or department head without representation by the
Guild, as provided by State Law.
C. Should a subject for claim or dispute arise, there shall be no stoppage of
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work by employees, but an earnest effort shall be made to settle such claims or
disputes promptly and in the manner hereinafter outlined.
Step 1
An employee or a group of employees claiming to have a grievance shall
discuss the complaint with the immediate supervisor within ten (10) calendar
days of the alleged occurrence, or when they reasonably should have known of
the alleged occurrence.
Step 2
The supervisor shall attempt informal resolution of the grievance within.
seven (7) calendar days after it is presented.
Step 3
Provided the grievance is not settled satisfactorily at step 2, it may be
presented to the Police Chief (or designee) by the Guild within seven (7)
calendar days of the supervisor's response or the expiration of the time limit in
step 2. The submission shall be in writing, setting forth the nature of the
grievance, the articles of this agreement allegedly violated, and the requested
remedy.
Step 4
The Police Chief or designee shall attempt to settle the grievance within
ten (10) calendar days after it has been presented, and shall respond in writing.
Step 5
If the grievance is not settled by the Police Chief within the time allowed, it
may be presented in writing to the Mayor, with a copy to the Manager of Human
Resources, by the Guild within seven (7) calendar days of the Police Chief's
response or the expiration of the time limit in step 4.
Step 6
The Mayor shall have fourteen (14) days to review the grievance. If the
Mayor does not respond or otherwise settle the grievance within the fourteen -
day period, the grievance shall be automatically advanced to Step 7, and shall
not be forfeited by either party.
Step 7
a. If the grievance is not settled at Step 6, and involves a matter other
than discipline, the dispute will be referred to the negotiating committee of both
parties. The two committees shall meet within ten (10) calendar days to
consider the dispute. At that meeting, all pertinent facts and information will be
reviewed in an effort to resolve the matter through conciliation. If no satisfactory
solution is reached in this step, the matter may be submitted in writing to
arbitration within thirty (30) calendar days of the conciliation meeting.
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b. If the grievance is not settled at Step 6 and involves discipline
other than an oral or written warning, the matter may be submitted, in writing, to
arbitration within thirty (30) calendar days of the date that the Mayor's review is
due. Oral and written warnings may only be grieved through step 6 of this
procedure. However, if the City attempts to introduce prior oral or written
warnings in a subsequent discipline case that is subject to arbitration, the City
shall be required to prove that it had just cause to issue those prior oral or
written warnings as well as the instant discipline.
Section 2. Arbitration Panel. The City and the Guild shall try to agree upon a
mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven
(7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being
members of the National Academy of Arbitrators. The parties shall alternatively strike
from the list until only one name remains. The decision of the Arbitrator shall be final
and binding on the parties.
a. The Arbitrator shall make his /her own rules of procedure. The Arbitrator
shall have no authority to amend, alter, or modify this Agreement or its terms, and shall
limit his /her decision solely to the interpretation and application of this Agreement.
b. Each grievance or dispute will be submitted separately except when the
City and the Police Guild mutually agree to have more than one grievance or dispute
submitted to the Arbitrator.
C. The losing party shall bear the expense of the Arbitrator. The losing party
shall be denominated in the award. When there is no winning party, the cost of the
Arbiter shall be borne equally by the parties.
d. All other costs and expenses will be borne by the party incurring them,
including the costs of representation.
e. The Arbitrator shall have thirty (30) days from the close of the hearing to
issue an award.
Section 3. Time Limits. Time limits will be strictly adhered to, but may be
extended by mutual written agreement upon reasonable request, except for situations
where no timely grievance is filed. While forfeiture under this clause will finally resolve
the matter in dispute, it will not establish a precedent between the parties on issues of
contractual interpretation.
Section 4. Multiple Procedures. In the case of disciplinary actions, both
appealable to the Civil Service Commission and grievable under the terms of this
contract, a written election of remedies shall be made after receipt of the Step 6
response. An employee may elect to either pursue an appeal to the Civil Service
Commission or continue with the contractual grievance procedure, but not both. If
mutually agreed, time limits will be extended up to 30 days to complete a reasonable
POLICE GUILD
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July 2014
investigation before the selection of remedies is made. An appeal will be timely under
the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the
grievance procedure.
Section 5. Step 3 Submission. In those instances where disciplinary action
is based on reasonable evidence of the commission of a crime, or the proposed
discipline involves suspension or termination of the employee, Step 3 of the Grievance
Procedure will be initiated immediately.
Section 6. Just Cause Standard. No employee may be discharged,
suspended without pay, demoted (except as provided below) or disciplined in any way
except for just cause. The City may withhold a step increase, for a specified period of
time, for just cause.
Section 7. Probationary Period. All newly hired must serve a probationary
period. The probationary period for newly hired employees shall end one year from the
date the employee completes the training academy and receives his /her commission.
The probationary period for lateral hires shall end six (6) months from the date the
employee is hired. The probationary period shall be extended for the number of work
days equal to the number of work days an employee was absent in excess of 10 work
days during the probationary period; provided that the taking of scheduled and
approved vacation shall not be counted toward the ten day period The probationary
period is an extension of the hiring process; therefore, the provisions of this Article will
not apply to employees if they are discharged during their initial probationary period for
not meeting the requirements of the classification. Grievances brought by probationary
employees involving issues other than discharge or demotion may be processed in
accordance with this Article.
Section 8. Parties to the Agreement. In as much as this is an agreement
between the City and the Guild, no individual employee may make use of the provisions
of this Article, except as expressly provided above.
ARTICLE 15: NONDISCRIMINATION
The Employer and the Guild shall not unlawfully discriminate against any
individual with respect to compensation, terms, conditions, or privileges of employment
on any basis prohibited by law. Claims of unlawful discrimination shall not be
processed in accordance with the grievance procedure denominated herein.
The Employer and the Guild agree that they will cooperate in complying with the
Americans with Disabilities Act.
ARTICLE 16: DRUG TESTING
Section 1. Reporting to work under the influence of alcohol and /or illegal drugs,
or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will
POLICE GUILD
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July 2014
result in disciplinary action, including immediate termination. For the purpose of this
policy, substances that require a prescription or other written approval from a licensed
physician or dentist for their use shall also be included when used other than as
prescribed. Each employee must advise the Employer if they are using prescription or
other over - the - counter drugs they know or reasonably should know may impair their ability
to perform job functions and /or operate machinery such as automobiles. Under
appropriate circumstances the Employer may request the employee to provide written
medical authorization from a physician to perform various essential job functions while
using such drugs.
Any voluntary request by an employee for assistance with his /her own alcohol
abuse problem will remain confidential and shall not be used as the basis for any
disciplinary action provided that the request for assistance is initiated prior to being
identified as impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to
enforce the criminal laws. Moreover, the parties recognize the courts have held it would
substantially impair law enforcement agencies if they were required to employ individuals
within their ranks who have violated the very laws said agencies are charged with
enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the
employment of individuals who are or have been engaged in serious criminal conduct,
whether drug related or not.
Section 2. Where a supervisory employee of the City has a reasonable
suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is
abusing the use of prescription or over - the - counter drugs, or is using illegal drugs, the
employee in question will be asked to submit to discovery testing. 'Such tests include
breath tests, urinalysis and /or blood screens to identify any involvement with alcohol or
such drugs.
An employee who refuses to submit to discovery testing for alcohol and /or illegal
drugs shall be conclusively presumed to be under the influence of alcohol or an illegal
drug for the purpose of administering this Article, and therefore will be subject to discipline,
including immediate discharge.
Section 3. For the purpose of administering this Article the following definition of
terms is provided:
a. Reasonable Suspicion. Reasonable suspicion is based on specific
objective facts and reasonable inferences from those facts, that discovery testing will
produce evidence of a violation of this policy;
b. Under the Influence. In determining whether an employee is under the
influence, the following cutoff levels shall be used for the initial screening of specimens to
determine whether they are negative for these drugs or classes of drugs:
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COLLECTIVE BARGAINING AGREEMENT 2013 -2015
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(Nanograms per milliliter) (ng/ml) Test Level
Amphetamines..................... ............................... ...........................1000
Barbiturates..................................................
............................... 300
Benzodiazepines ...........................................
............................... 300
Cannabinoids.................... ...............................
............................100
Cocaine metabolites ............ ...............................
............................300
Methadone........................ ...............................
............................300
Methaqualone................................................
............................... 300
Opiates ( Codeine) ............... ...............................
............................300
Opiates ( Morphine) ............. ...............................
............................300
Phencyclidine ( PCP) ...........................................
.............................25
Propoxyphene.................... ...............................
............................300
Level of the positive result for alcohol
.... ...........................0.04 blood alcohol
C. Illegal Drugs. All forms of narcotics, depressants, stimulants,
hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or
possession is prohibited or restricted by law.
d. Over - the - Counter Drugs. Are those drugs that are generally available
without a prescription and are limited to those drugs that are capable of impairing the
judgment of an employee to safely perform the employee's duties.
. e. Prescription Drugs. All drugs that are used in the course of medical
treatment and have been prescribed and authorized for use by a licensed
practitioner /physician or dentist.
Section 4. If an employee is required to submit to a drug test, the following
procedure shall be followed:
a. The employee shall be given notice of an opportunity to confer with a Guild
representative, if one is readily available.
b. The employee shall be given an opportunity to explain the reasons for the
employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic
substances, or any other reasons known to employee, to the test administrator. The
Guild representative may be present during this discussion.
C. The Employer may request urine and /or blood samples.
d. Urine and blood samples shall be collected at a local laboratory, hospital or
medical facility. The Employer shall transport the employee to the collection site. The
Employer and /or Guild representative may be allowed to accompany the employee to the
collection site and observe the bottling and sealing of the specimen. The employee shall
not be observed by the Employer when the urine specimen is given.
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July 2014
e. All specimen containers, vials, and bags used to transport the specimen,
shall be sealed to safeguard their integrity (upon request, in the presence of the
Employer, employee and Guild representative) and proper chain -of- custody procedures
shall be followed.
f. The collection of the samples shall be performed at CHEC Medical Center
and the testing at Drug Proof, or at another collection center or laboratory mutually
agreed to by the parties. The results of such tests shall be made available to the
Employer and the Guild.
g. If a specimen tests positive in an immunoassay screen test, the results
must be confirmed by a gas chromatography /mass spectrometry tests. The specimen
must show positive results attwithin the following limits on the GC /MS (gas
chromatography /mass spectrometry) confirmatory test to be considered positive:
ng /ml.
h. If immunoassay is specific for free morphine, the initial test level is 25
Section 5. Confirmatory Test.
Marijuana metabolites ............................ .............................15 ng /ml
Cocaine metabolites .............................. ............................150
ng /ml
Opiates
Morphine...... ............................... ............................300
ng /ml
Codeine....... ............................... ............................300
ng /ml
Phencyclidine ........................................ .............................25
ng /ml
Amphetamines
Amphetamine ............................... ............................500
ng /ml
Methamphetamine ......................... ............................500
ng /ml
Section 6. At the employee's or the Guild's option, a sample of the specimen
may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost of
this test will be paid by the Guild or the employee. Failure to exercise this option may not
be considered as evidence in an arbitration or other proceeding concerning the drug test
or its consequences. The results of this second test shall be provided to the City.
Section 7. The employee and the Guild (upon consent of the employee) shall be
informed of the results of all tests, and provided with all documentation regarding the
tests as soon as the test results are available. Such disclosure shall be in conformance
with the Americans with Disabilities Act.
Section 8. The parties designate the Medical Review Officers (MRO) provided
by AWC to review all confirmed positive test results and communicate those results to the
Employer. An MRO shall have the responsibility to determine when an individual has
failed a drug test in accordance with the standards enumerated herein. The MRO shall
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July 2014
retain all records of all positive tests for at least five years and records of all negative tests
for at least one year.
Section 9. If the results of the drug test are positive, and support a conclusion
that the employee used an illegal drug, abused the use of a prescription or over -the-
counter drug, or reported to work while under the influence of alcohol, the employee shall
be subject to discipline, including immediate discharge.
ARTICLE 17: SENIORITY
The term seniority as used in this Agreement will be defined as total service as a
police officer for those officers hired before July 15, 1997, and as total service as police
officers with the City of Federal Way for employees hired thereafter. However, previous
service as a Federal Way police officer will not be considered for employees rehired
after three years or more of separation from the Department.
ARTICLE 18: SAVINGS CLAUSE
Should any provision of this Agreement be rendered or declared invalid by
reason of any existing or subsequently enacted legislation, or by any decree of a court
of competent jurisdiction, such invalidation shall not invalidate the remaining portions
hereof; provided, however, upon such invalidation the parties agree to meet and
negotiate the affected provision(s). The remaining provisions shall remain in full force
and effect.
ARTICLE 19: WAIVER CLAUSE
The parties acknowledge that each has had the unlimited right within the law and
the opportunity to make demands and proposals with respect to any matter deemed a
proper subject for collective bargaining. The results of the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the Guild, for the
duration of this Agreement, each agree to waive the right to oblige the other party to
bargain with respect to any subject or matter not specifically referred to or covered in
this Agreement if known to that party at the time of execution.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
ARTICLE 20: DURATION
This agreement shall be effective until December 31, 2015. Except as otherwise
provided by the express terms of this Agreement, all terms and conditions of this
agreement shall become effective on the date of signing.
DATED this day of , 2014.
CITY OF FEDERAL WAY: FEDERAL WAY POLICE GUILD:
Jim Ferrell, Mayor Richard Kim, Guild President
Approved as to form:
Interim City Attorney, Amy Jo Pearsall
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
APPENDIX A
WAGES
Police Officer:
Effective January 1, 2013 a1.0% increase
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo. )
(13 -24 mo.
(25 -36 mo.)
(37-48 mo.)
149±1
$4658
$ 4892
$ 5313
$ 5759
$ 6250
$ 6644
Effective July 1, 2013 a 1.0% increase
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo. )
(13 -24 mo.
(25 -36 mo.)
(37-48 mo.)
48+
$4705
$4941
$5366
$5817
$6313
$6710
Effective January 1, 2014 a 1.5% increase
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo. )
(13 -24 mo.)
(25 -36 mo.)
(37-48 mo.)
48+
$4776
$5015
$5446
$5904
$6408
$6811
Effective July 1, 2014 a 2.0% increase.
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo. )
(13 -24 mo.)
(25 -36 mo.)
(37-48 mo.)
48+
$4872
$5115
$5555
$6022
$6536
$6947
Effective January 1, 2015 a 1.5% increase.
Effective July 1, 2015 a 2.0% increase.
The Guild understands that former employees will not receive retroactive pay pursuant
to this Agreement. The City will make retroactive pay for the officer that recently died,
on a non - precedent setting basis.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
DEFERRED COMPENSATION
Effective 11:57 pm on December 31, 2010, there shall be established a qualified
deferred compensation program, requiring the City to match monthly contributions
made by bargaining unit employees up to a maximum City contribution of one (1)
percent of the employee's base rate of pay. Employees shall be eligible to begin
receiving the matching contributions on January 1, 2011.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
APPENDIX B
OVERVIEW FOR CAREER DEVELOPMENT PROGRAM
Item
0 -5 years
6th -10th years
11th -15th years
16 th year +
Career
Development
Program
0 %*
2.25%
4.25%
6.25%
City Residency
1%
1%
1%
1%
A. A. Degree
2%
2%
2%
2%
Bachelor's
Degree
4%
4%
4%
4%
* Current Employees with less than 5 years or less experience as a commissioned
police officer who are receiving Career Development Pay will be grandfathered and will
continue to receive such pay.
Employees who have a Masters Degree shall receive pay for a Bachelor's
Degree. provided however that employees who have a Masters Degree as of January
1, 2005 and have five total years or less of experience as a commissioned police officer
will be grandfathered and will continue to receive 5% education pay. Upon the
beginning of their 6th year, and thereafter, such employees shall receive pay for a
Bachelor's Degree.
Placement on the schedule is based on total years of experience as a
commissioned police officer regardless of whether such experience is with the City or
other jurisdictions.
The steps under this schedule are not cumulative and an employee is only
entitled to the percentages under the step (i.e. 0 -5 years, 6th -10th years, 11th -15th years,
16th year +) he /she is currently at.
Officers must be off probation to receive Career Development Pay.
The maximum percentage that an employee may receive through the Career
Development Program is 10.25% including residency.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
An employee who is in the Career Development Program and establishes residency in
the City shall immediately begin receiving Career Development Residency pay. An
employee who is in the Career Development Program and leaves residency in the City
shall immediately cease receiving Career Development Residency pay.
or
The percentages set forth above are calculated on and added to the base rate.
Matrix Requirements (at least one of the following three):
Formal education (at least 2 credits) at an accredited college or university,
2. Obtain at least 50 hours of specialized or in- service training annually, or
3. Serve in a specialized or collateral assignment.
a. Specialized Assignments: SRT, SROs, Commons, Resource
Centers, FTO, CIS, Traffic Unit, Bomb Unit, K -9, Basic Academy Tac
Officer.
b. Collateral Assignments: Firearms Instructor, Defensive Tactics
Instructor, First Aid Instructor, Motor Instructor, EVOC Instructor, SFST
Instructor, Traffic School Instructor, BAC Instructor, Radar Instructor,
MAIT Team, Drug Recognition Expert ( "DRE "), DRE Instructor, and Civil
Disturbance Unit ( "CDU ") and such other assignments as mutually
agreed by the parties.
Review of officer performance in the Career Development Program Matrix will
occur at time of the officer's performance appraisal. Failure to meet requirements of
program will result in loss of Career Development Program percentage only for a
minimum of one (1) year. A failure to meet the requirements of the program will not
result in the loss of education and /or residency pay.
In any year in which the City fails to fund or offer training or tuition
reimbursement at the level of public universities in the State of Washington, the
continuing education requirements to participate in the Career Development Program
will be waived.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
APPENDIX C
DETECTIVES
Proposition Model: Adding 4 detectives
Day Shift 0600 —1600 Swing Shift 1100 - 2100
Persons Unit 5 1
Property Unit 5 1
Family Unit 2 (new positions) 2 (new positions)
12 4
• Total of 16 detectives
• Modify a lieutenant schedule to cover Swing Shift hours
• Detectives will work Monday — Friday (Saturday's excluded)
• Detective can adjust schedule with supervisor approval — current practice
TRAFFIC UNIT
• Proposition Model: Adding 4 Traffic Officers (3 motorcycle and 1 car)
• Work Days: Monday — Saturday
• Hours: 0600 — 2100
• Motorcycle Officers will work day light hours (some will be adjusted for Winter
and Summer seasons)
• Accident Cars will work Day and Swing Shift hours, (i.e., to 2100 hours)
• If DUI Officer is assigned to Traffic Unit, the hours will be into early morning
hours, i.e. 0400 hours.
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COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
SUBJECT: ORDINANCE: AMENDMENT OF FWRC TITLE 13 "BUILDINGS" TO ADOPT STATE - MANDATED
2014 ELECTRICAL CODE
POLICY QUESTION: Shall the City Council adopt amendments to Title 13 in order to adopt the 2014 State
Electric Code, as mandated by State law.
COMMITTEE: LUTC MEETING DATE: July 7, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: DEPT:
... ............... . .............. ............ _ ...... . ................ ...................................... ................................................... _ ..... ........................ . .... . ................ ............. . ................................ ..................... .... ............... ............................. ... . ............... _ .......... ............... ..........-..... ............................... .................. -........ ..... __ ............... .... __......................
Attachments: 1. ordlvlaiVE -b &VW0t4 TRto t3
Background: Title 13 must be amended in order to adopt the State - mandated 2014 Electrical Code, which will
supersede the 2008 Electric Code. Updating FWRC Title 13 is needed in order to be consistent with updates to
Washington State law governing Electricians and Electrical Installations.
Options Considered: Ele -Jlr -t cat
1. Adopt the Ordinance amending Title 13, Btt�, in order to allow enforcement and administration of
the 20141 Washington electrical code, and relate sh'n ton State amendments.
2. Do not adopt the Ordinance amending Title 13, in order to allow enforcement and
administration of the 2014 - Washington electrical code, and related Washington State amendments.
.. ...................................................._.....................................................................................................................................................................................................................................................................-............................................................-_..........................................._.._................ ........_............._...... -- - ..._._._..._....
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: J Ytvdj RP14V DIRECTOR APPROVAL:
Committee / Council I itial ate
Initial/D Initial /Date
CHIEF OF STAFF: 9441 >d7ti_ 41-4
of ee Council
I I/Date Initial /Date
COMMITTEE RECOMMENDATION: "I move to forward the proposed ordinance to First Reading at the July IS,
2014 Council meeting. "
La -4 6.1, �1_ SAO
ommittee Chair ConU ittee Member Committee tuber
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (DATE): `I move to forward approval of the ordinance to the August 12, 2014
Council Meeting for adoption. "
2ND READING OF ORDINANCE (DATE): "I 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
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 08/12/2010
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the adoption of the 2014 National Electrical Code and related matters;
amending Title 13, "Buildings "; amending FWRC 13.11.110,
Enforcement; amending FWRC 13.38.20, Electrical codes adopted; and,
amending FWRC 13.38.40, Amendments. (Amending Ordinance Nos. 13-
743
WHEREAS, the revised code of Washington ( "RCW ") mandates enforcement and provides
authority to the city of Federal Way Washington to adopt locally, administer, and enforce
Washington state regulations regarding Electricians and Electrical Installations (Chapter 19.28
RCW); and,
WHEREAS, Washington state has repealed the 2008 National Electric Code and related
Washington state amendments in order to adopt the 2014 National Electric Code and necessary
Washington state amendments in order to provide uniform enforcement and adoption throughout
Washington, effective July 1, 2014; and,
WHEREAS, the City recognizes the need to periodically modify Title 13 of the Federal Way
Revised Code (FWRC), "Buildings ", in order to conform to state and federal law, codify
administrative practices, clarify and update construction regulations as permitted by State Law as
periodically deemed necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 13.11.110 is hereby amended to read as follows:
13.11.110 Enforcement.
(1) All violations of this title or the codes adopted under this title are found to be detrimental
Ordinance No. 14- Page I of 7
Rev 1/10
to the public health, safety, and welfare, and are declared public nuisances. The building official has
the authority to adopt rules and regulations to carry out the provisions of this title and has the
authority to administer and enforce all rules and regulations of this title. It is unlawful to violate or
fail to comply with any provision, rule or regulation of this title. in addition to any other pefla y,
(2) Civil enforcement of the provisions of this Code and the terms and conditions of any
permit or approval issued pursuant to this Code shall be governed byChapter 1.15 FWRC, Civil
Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of,
enforcement available to the city including but not limited to, criminal sanctions as specified herein
or in Chapters 1.10 and 1.15 FWRC, nuisance and injunction actions, or other civil or equitable
actions to abate, discontinue, correct or discourage unlawful acts in violation of this Code.
Section 2. FWRC 13.38.020 is hereby amended to read as follows:
13.38.020 Electrical codes adopted.
(1) Adoption by reference. The following codes, as presently constituted or as may be
subsequently amended, are all adopted as amended, added to, or excepted in this title, together
with all amendments and additions provided in this title, and shall be applicable within the city:
(a) The National Electrical Code (NEC), 2005 2014 Edition, as published by the
National Fire Protection Association;
(b) The laws, rules and regulations for installing electrical wiring and equipment set
forth in Chapter 19.28 RCW;
(c) The following chapters of the Washington Administrative Code:
(i) Chapter 296 -43 WAC, Heating Installation;
Ordinance No. 14- Page 2 of 7
Rev 1/10
(ii) Chapter 296 -45 WAC, Safety Standards, Electrical Workers;
(iii) Chapter 296 -46(B) WAC, Electrical Safety Standards, Administration, and
Installation.
(2) Purpose. This title is enacted as an exercise of police power of the city for the
benefit of the public at large. It is not intended to create a special relationship with any
individual, or individuals, or to identify and protect any particular class of persons. The
purpose of this title is to provide minimum standards to safeguard life or limb, health,
property and public welfare, by regulating and controlling building construction and work
related thereto.
Section 3. FWRC 13.38.040 is hereby amended to read as follows:
13.38.040 Amendments.
Ordinance No. 14- Page 3 of 7
Rev 1/10
lip
Ordinance No. 14- Page 3 of 7
Rev 1/10
-(2)- The following amendment to Chapter 296 -46(B) WAC, Electrical Safety
Standards, Administration, and Installation adopted in FWRC 13.38.020 are hereby adopted.
(2)In addition to those installations specified by Chapter 296 -46(B) 901 (7) b, the
following electrical installation, alteration, or maintenance of all electrical systems are exempt
from obtaining electrical work ep rmits: Seel o 30 , 3(b) of the T nifo,..,, n a,, i ffistr -ative
Provisions for-t NEC Nis amended to read as follows-
3�1. Temporary decorative lighting.
•�.
Ordinance No. 14- Page 4 of 7
Rev 1 /10
4-0-. 2. Temporary wiring for experimental purposes in suitable
experimental laboratories.
44-.3 -The wiring for temporary theater, motion picture or television
stage sets.
Exemption from the permit requirements of this Code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this Code or
any other laws or ordinances of the jurisdiction.
Section 4 . Severability. Should any section, subsection, paragraph, sentence, clause,
or phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Ordinance No. 14- Page S of 7
Rev 1 /10
MIAIA9AI�Ilii7
i - Ili�iA
Exemption from the permit requirements of this Code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this Code or
any other laws or ordinances of the jurisdiction.
Section 4 . Severability. Should any section, subsection, paragraph, sentence, clause,
or phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Ordinance No. 14- Page S of 7
Rev 1 /10
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 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 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
20
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
Ordinance No. 14- Page 6 of 7
Rev 1/10
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14- Page 7 of 7
Rev 1 /10
COUNCIL MEETING DATE: july ; 201
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: AMENDING FWRC 12.45 TAXICABS
ITEM #• --7b
POLICY QUESTION: Whether Council should adopt by reference Chapter 6.64 of the King County code
entitled "Taxis - Businesses and Drivers" and all future amendments.
COMMITTEE: FEDRAC
MEETING DATE: June 24, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall, Interim City _ _ DEPT: Law
_._......._....... -- ........._.. - - - - -- - - - ...__Y _ .. ....... _.... t? _._....... _...... -- - �' .-_.--.._..........__._. _..__..._...._..----- ...— __.... - -- - --
Attachments: Proposed Ordinance
In 1991 the City entered into an interlocal with King County authorizing the County to regulate taxi business
within the City. The interlocal requires that the City adopt regulations similar to those of the County. The
County is currently in the process of updating its taxi regulations to incorporate for -hire driver services such as
Lyft, UberX and Sidecar. Rather than update the FWRC every time the County updates its taxi regulations, the
proposed ordinance adopts by reference Chapter 6.64 of the King County code and all future amendments.
Options Considered: 1) Adopt Ordinance
2) Do not adopt Ordinance and ,provide direction to staff
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: I% �� ,0X . IRECTOR APPROVAL: r\lzn
mittee Council Initial/Date
Initial/Date Initial/Date
CHIEF OF STAFF: ,( �!• t ,/
Conutifitee Co it
Initial/Date Initial/Dat
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 1, 2014.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (JULY 1): "I move to forward approval of the ordinance to the July.15, 2014
Council Meeting for adoption. "
2ND READING OF ORDINANCE (JULY 15): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL # Loci I
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only), • 1. • 14 ORDINANCE #
REVISED- 08/12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, amending
Federal Way Revised Code 12.45 "Taxicabs ". (Amending Ordinance
Nos. 90 -27 and 09 -600)
WHEREAS, the City entered into an interlocal with King County delegating to the County
the responsibility for licensing and regulating taxis and taxi drivers; and
WHEREAS, the County requires as part of the interlocal that the City adopt taxi regulations
that are the same or substantially similar to King County's taxi regulations; and
WHEREAS, the City enacted Ordinance 90 -27, which adopted by reference Chapter 6.64 of
the King County Code entitled "Taxis - Businesses and Drivers" including all future amendments;
"SITSl
WHEREAS, Chapter 6.64 of the King County Code was subsequently incorporated and
codified into FWRC 12.45; and
WHEREAS, to stay current with future amendments to Chapter 6.64 of the King County
Code, the Council desires to revert back to the language contained in City Ordinance 90 -27 and
delete all subsequently incorporated and codified language contained in FWRC 12.45;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The following sections of Chapter 12.45 of the Federal Way Revised Code are
hereby repealed in their entirety: 12.45. 010,12.45. 050,12.45. 060 ,12.45.070,12.45.080,12.45.090,
12.45.100,12.45. 110,12.45. 120,12.45. 130,12.45.140,12.45. 150 ,12.45.160,12.45.170,12.45.180,
12.45 .190,12.45.200,12.45.210,12.45. 220,12.45. 230,12.45. 240 ,12.45.250,12.45.260,12.45.270,
Ordinance No. 14- Page 1 of 3
Rev 1/10
12.45.280, 12.45.290, 12.45.300, 12.45.310, 12.45.320, 12.45.330, 12.45.340, 12.45.3 50, 12.45.360,
12.45.370, 12.45.3 80, 12.45.390, 12.45.400, 12.45.410, 12.45.420, 12.45.430, 12.45.440, 12.45.450,
12.45. 460,12.45. 47012.45. 480,12.45. 490,12.45. 500,12.45. 510 ,12.45.520,12.45.530,12.45.540,
12.45.5 50, 12.45.560, 12.45.570, 12.45.580, 12.45.590, 12.45.600, 12.45.610, 12.45.620, 12.45.630,
12.45.640, 12.45.650, 12.45.660, 12.45.670, 12.45.680, and 12.45.690.
Section 2. Chapter 12.45 of the Federal Way Revised Code is hereby amended to add a
new section 12.45.020 to read as follows:
12.45.020 King County Regulations Adopted by %ference
Chapter 6.64 of the King County Code entitled "Taxis- Businesses and Drivers," including all
future amendments, is hereby adopted by reference as if set forth in full herein: provided, that
any references to unincorporated King County in sections6.64.010 and 6.64.020, as well as any
other sections pertaining to the application of this ordinance, shall be changed to refer to the City
of Federal Way.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. 14- Page 2 of 3
Rev 1 /10
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
, 20
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
10 10 9 10
INTERIM CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14-
Page 3 of 3
Rev 1/10
COUNCIL MEETING DATE:14 ,
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: 2014 BUDGET ADJUSTMENT
ITEM #:
- -
POLICY QUESTION: Should the City Council approve the 2014 Budget Adjustment?
COMMITTEE: FINANCE, ECONOMIC DEVELOPMENT AND REGIONAL MEETING DATE: 06/24/2014
AFFAIRS (FEDRAC)
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPORT BY: Ade
Attachments:
• Budget Adjustment Memo
• Ordinance & Exhibit B4
® Ordinance
❑ Resolution
Finance Director
❑
Public Hearing
❑
Other
DEPT:
Finance
Options Considered:
1. "Approve the 2014 Budget Adjustment Ordinance as presented and forward to the full Council for first
reading at the July 1, 2014 Council Meeting."
2. Provide direction to Staff on modifications to the 2014 Budget Adjustment Ordinance and forward to the
full Council at the July 1, 2014 Council Meeting.
MAYOR'S RECOMMENDATION: Op4ion 1
MAYOR APPROVAL: + (_ DIRECTOR APPROVAL: —
ittee cil •��'�lj ' [ Initial
CHIEF OF STAFF: �Edtq �` toli1�1f �
Committee Council
Committee Chair
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (JULY 1, 2014): "1 move to forward approval of the ordinance to the July 15,
2014 Council Meeting for adoption. "
2ND READING OF ORDINANCE (JULY 15,2014): "1 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
Enactment reading
$MOVED TO SECOND READING (ordinances only), 1 14
ORDINANCE #
VISED— 08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY 4%L
CFTY OF V'Z�
Finance Department Federal Way
MEMORANDUM
To: Council
From: Ade' Ariwoola, Finance Director
Via: Jim Ferrell, Mayor
Subject: 2014 Budget Amendment
Date: June 16, 2014
Background:
The City is preparing for its 2015 -2016 Biennial Budget process and the City has made some changes to
its programs and operations since the last budget amendment was approved. These amendments will
update the budget to reflect all the changes to make it easier for the staff and Council to evaluate the
changes between 2014 budget and 2015 budget. This ordinance will also implement the requirements
of Ordinance No. 03 -451 Section 6 — Creation of Debt Service Fund, Ordinance No. 12 -719 Section 14 —
Bond Account and Deposit of Bond Proceeds, appropriation for Performing Arts and Conference Center
(PACC), reallocation of previously appropriated Utility and REET Funds, implementation of reserve fund
policy, and creation of separate Health Insurance, Liability Insurance, and Unemployment Insurance
funds.
Analvsis:
WPM
2094
Clk—a Fiet�
AE "N'
s
SaL-s &'Usee Taa
Bum.g Pe ms
2 5% ]ncrease to Salwies
259,833
Salary Adlustnents
106.127
_ E _
Added Posat s /StartupCosts/Profeswc" Service Search for?n Il ns
-
725;000
460,296
-
Startup for Health Setfinaumnce
315,000
-
-
Othe.(T=W Help. Tramatce o Ovettime,'Grant FV, Police Substation signege)
260,909
4,000
73'+'24 E _
Rsdiru.•ativw
Establish Strategic Re c Fuad
1;000;000
- -
Fstabh.h Capital Project Resmves Fiord
440:000
-
- -
StS70TALGEMMA .. WND
72-922 - 725MR
70TAL (iT@AL
�
Street Fay/
AEW.
Salwv Adjustnents
-
-
144,457
- -
Other(StreetFund Subs WN,FloweBasLets)
20,000
160.457? -
SlifOTAL$14tFE7'FT
14AW
I64,P57
110T1u SMIE I
Ldtilar Tiz Faced
NEW'
Utdr, Tax ln.ccease
S4,OOD
RC�ii(rr'<<41M
Trmtsfe Out for PACC Project
5110,000
-
- -
Trattsfer 1n fro Compleed OP p pj as
1735,670 -
Redoce Transfrv(h t fm Debt ,•C[P ro1eG[s, and Reserves
(3,639,725)
St4S10TALtmLM, TAX NuNn
TMAL(NMJ1 TAX FUND
n
7�f3F701
lAedr' Sen+irx FiwB:
Le�Wloaioiwrr
Redooe sfer vt ofLkiley taxfm Debt payments
x(1,751,447) j -
Tzaasfirilea so Real Fstaae haste TaxFtrnd
3117,000
MoVc REEF FL aww to Rte' Fund
Reduce transfe out for CIP pnjems
(1117,000)
■uru.osrsr�t�
2�MNM
Rt,13W�
i
1F.1R
21214
Rewe�e
t T_e
Olmai a
1 -Time
Owsaiwa
DOWNtoww Redestehl~W CIF Firxt
Trans fer out to PACC Project
-
4- 09,763
-
-
Reduce original Lure -_014 Budget
-
(9175.000)
-
-
TOTAL UOWNWWN R=&VnAWMMT WAS
3,234,763
mmucgrd Famuftes CIP Fw[:
N p'
Transfer in from REEF, Umlty Tax, and Downtown Redevktpmem Fund for PACC
Project
-
-
-
9,944,763
-
Perfonsurig Arts & Conlennce Center (PACC) Project Prcdevelopmem & Construction;
i
-
9,944,763
-
-
-
Reduce current expendtareforFW CC (project completed)
-
Transfer out toUWi ty Tax Fund (FWCC project completed)
-
481,161
-
-
-
TOTAL MIAw3rAL FAc emus C! FL
9.944,763
9,944,763
Padks CIP Fwd:
REEF fiends to pay for 3ntenm Paris at Town Sq uwr Site
-
2,742,701
-
2698 751
TorAL rAR4s cip FtNO
2,742,701
249.,751
Trawgio,ted4m CIP FwwL-
Transfer Out to Utilitytaxfund
-
I_"A,670
-
-
-
Reduce Current Expcndture30 6SR99HDVLanes,(projectcompleted)
-
(414,155)
-
-
Transfer in from UTAX reduction
Transfer in from REETincrease
Trans ferout to REST Fund
-
-
-
(681,000)
-
-
-
-
681,000
-
4,389.608
_
_
TOTAL TBANsIroKwAmN Q FT
5,230,123
Risk Mawagaaal/liaGiLts Lnnorsar FoaL-
Rea/locyaiw
Move Unemploymcni ContnFruiion Revenue to Unempkn Fund
( -24,925
Move Une loN -ineni Contribution E7qycndA= to Unernpbnmivnt Fund
(224,x' )
Transferout to Unemployment insurance find for Reserve
1.685,026
Transferourt to Strategic Reserve Fund forStratecic Opportunities Reserve
2,000.000
StHTOTAL RISK MANAC"AEVTAIAB XWVr-ISlRANCEFUND
346 AX26
5524=50.
(224EM)
TOTAL RISK MANAAWMF JT/IJARLRY RNSURAME FUND
3A",201
(224325
SUBTOTAL EKISY NG FUNDS
S 30449,iN
S 750,"2
S 11,239,903
S 793.000
TOTAL EXISTaIG FUNDS
531,3"=2
S 12.022,903
Real Estate Erc w Tar EMMUL
NEW
Real Estate Fxise TaxiREEF) hicmase
-
-
-
-
400.000
Real Estate Excise Tar Fag .
Establish REEF Fund by Transfer 6t fi-omOther Funds
-
-
-
9,006,608
-
Transfer out REEF for CIP pmyxts, PACC Project, & Town Square Site
-
6.119,751
-
-
-
SUBTOTAL REST FUG
6,119,751
93"A"
4oe.ssa
TOTAL REEF FUND
6119,751
9,406af0a
Hedtlt Self /wwrworAAwmdstnadaw FtwL-
NEw
Health Self Insurance Medical Plan
2 -W,040
4--05,220.
Health SelflnsucanceSTaru - Transfer In fromCcneral Fund
315;000
7FOTAL1BAumSEtFIN tuA111[EADMIN
2rif0IFM
4.520220
Strategic Reserve FreL-
IleoUouliw
Transfer In fromCcneral Fund forContntgency for Unanticipated Cost
-
-
-
1,000,000
-
Transfer In from Risk Fund for Strategic Opportunities Reserve
-
-
-
i 00(5.000
-
TOTAL'STRATECAC RESEWE RJSV
3#00.000
-
Cap"al Project Reserve FsrL-
Transfer In framCc>7eral Fund for Capital Project Reserve
-
-
-
480,E
-
TOTALCArfIAL rIMAJgT IMERVEN
4nim
wsewt /wwrawor FwL
Rea/lorasyiow
UncnVbyrnmtContr$taaTaon- Revenue -Move from Risk Insurance Fund
-
-
-
224,8'
UnenVloyrrent Courributitn - Expenditure - Move from Risk Insurance Fund
-
21AS25
-
-
Tuaruferin from Risk fund forUnempbyment Insurance Reserve
-
-
1,695.026
TOTAL IAVVWniOYMFNT MtRANCE FUNDi
224 323
1,909351
SIRTOTAL NEW' FUNDS'
S "79,791
S 224,325
S I&916A79
S 400A00
TOTAL NEW FUNDS!
S E,9",616
519,316,679
YFAR 2014
tore
Rewswe
t -Time
Onsing
I -Time
Ogg mg
Other Funds
NEW
Salary Adjustment
117,375
33,821
Nick & Derek Project DUI & Distracted Driving Overtime - Transfer Out to General
Fund
50,000
-
_ -
-
Signage for Police Substation - Transfer Out to General Fund ($16K) Infortretion
Technology Fund $6,435)
22,435
-
License Plate Readers (Quantity 2 )
39,290
-
CDBGGrant Revenue & Expenditures
60—)8%
602,896
-
Si na a for Police Substation - Transfer In from Traffic Safety Fund
6,435
6,435
License Plate Readers (Qty 2 ) - Transfer in from Traffic Safety Fund
391290
-
39-1%
-
Startup costs for Community Development Positions
50,000
50,000
Reallocation
Transfer in from Utility Taxreduction
998,000)
-
Transfer m from REEr increase
-
998000
-
Reduce Utility Taxtransfer in for FWCC Reserves
234.053
SUBTOTAL OTHER FUNDS
IS 810,346
S 117.3751S
464,568
S 33,821
TOTAL OTHER FUNDS
S 927,721
S 498,389
TOTAL ALL FUNDS BUDGET ADJUSTME NT
S 40,098.677
3 1.092-M2
1 S 30,621,150
1 S 1 216 21
ORDINANCE NO. 14-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO BUDGETS AND FINANCE TO REVISE THE 2013 -14
BIENNIAL BUDGET (Amending Ordinance. No. 12 -733, 13-
739, 13 -752, and 14 -763).
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2013-
14 fiscal biennium was prepared and filed on October 2, 2012 as provided by Titles 35A.34 and 84.55 of
the Revised Code of Washington; and
WHEREAS, the budget was printed for distribution and notice published in the official paper of
the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies
of the budget can be obtained on -line and at the Office of the City Clerk; and
WHEREAS, the City Council of the City of Federal Way having held public hearings on
November 6 and November 20, 2012, and having considered the public testimony presented;
WHEREAS, the City Council enacted the 2013 -14 Biennial Budget on December 4, 2012, to
become effective on January 1, 2013;
2013;
WHEREAS, the City Council enacted the 2013 Carry- Forward Budget Adjustment on March 20,
WHEREAS, the City Council enacted the 2013 -14 Mid - Biennium Budget Adjustment on
December 4, 2013;
WHEREAS, the City Council amended the 2013 -14 Biennial Budget to reflect funds to be carried
forward from 2013 on March 27, 2014;
WHEREAS, the City Council finds it necessary to revise the 2014 Budget to incorporate
adjustments to General Fund, Real Estate Excise Tax Fund, Strategic Reserve Fund, Debt Service Fund,
Capital Project Reserve Fund, Health Insurance Fund, Unemployment Insurance Fund, and Liability
Insurance Fund;
NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment. Exhibit B(4) entitled "2014 Revised Budget" is hereby include the 2014
adjustments into the adopted budget for 2014.
Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may
authorize adjustments to the extent that they are consistent with the budget approved herein.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the
time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this - - -- day of July, 2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: x /xx /2014
PASSED BY THE CITY COUNCIL: x /xx /2014
PUBLISHED: x /xx /2014
EFFECTIVE DATE: x /xx /2014
ORDINANCE NO.: xx -xxx
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