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Council PKT 01-02-2002 Regular City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Jeanne Burbidge Eric Faison Mary Gates Michael Hellickson Linda Kochmar Dean McColgan Mike Park CITY MANAGER David H. Moseley Office of the City Clerk January 2, 2002 I. II. III. IV. v. VI. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall January 2, 2002 - 7:00 p.m. (www.ci.fed.,al-wav.wa.us) ***** CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE SWEARING-IN CEREMONY COUNCILMEMBERS-ELECT Jeanne Burbidge, Eric Faison and Linda Kochmar SELECTION AND SWEARING-IN CEREMONY MAYOR AND DEPUTY MAYOR *** PUBLIC RECEPTION FOR ELECTED OFFICIALS *** PRESENTATIONS a. b. City ManagerlIntroduction of New Employees City ManagerÆmerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor. please come forward to the podium. adjust the microphone to proper height. and state your namefor the record. PLl!ASE LIMIT YOUR REMARKS TO THREE (J) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. over please. . . VII. VIII. Ix. X. XI. XII. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council far approval; all items will be enacted by one motion; individual items may be removed bya Councilmember for separate discussion and subsequent motion.) a. b. MinuteslDecember 18 2001 Re~lar Meeting Council Bill #290/Code Revisions for Solid Waste & RecvclimzlEnactment Ordinance Council Bill #29lÆxtension of City Solid Waste Utilitv in Annexed AIea~EnactmentOrdinance Council Bill #292/Portion of Milton Road South Street Vacation/Enactment Ordinance City Manager Contract AInendment Teamsters Collective Barllaining Agreement c. d. e. f. CITY COUNCIL BUSINESS City Council Committee Appointment Considerations CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA .. TIlE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON TIlE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY" MEETING DATE: January 2, 2002 ITEM# :J/TTC ¿¿ ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ .---.----------------.--.-..--.----..-..-.,,-.----.----.-.--------------- ATTACHMENTS: Draft minutes of the regular City Council meeting held on December 18, 2001. SUMMARY/BACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a ------.--.-...--------.----.---.... ....-.....-----------.----".-.--'.'--'--.-" PROPOSED MOTION: "I moye approval of the minutes of the City Council regular meeting held on December 18, 2001". ~~;AGER APPRO-;:¿~~Jm (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 0511012001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 18,2001 7:00 p.m. Regular Meeting Minutes t>R~f1 I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of7:04 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Eric Faison, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the flag salute. DEPUTY MAYOR KOCHMAR MOVED TO ADD: POTENTIAL LITIGA TIONIPURSUANT TO RCW 42.30.1l0(1)(i) TO TONIGHT'S EXECUTIVE SESSION AGENDA; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER HELLICKSON MOVED TO ADD: LOCATION OF 2002 COUNCIL RETREAT TO TONIGHT'S AGENDA UNDER COUNCIL BUSINESS; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison yes yes Kochmar McColgan yes yes Federal Way CUy Council Regular Meeting Minutes December 18, ZOOl-Page Z Gates Hellickson yes yes Park yes III. PRESENTATIONS a. Swearing-In CeremonylNew & Promoted Police Officers Chief Anne Kirkpatrick introduced the new recruits to Council. City Clerk Chris Green administered the oath of office to new officers Sean Gotcher, James Widick, Andrew Cohen, Kendrick Wong, Terry White, and Jason Ellis. Deputy Chief Brian Wilson presented Officer Terry White with a certificate ITom the United State's Attorney's Office for his efforts on a recent case. Chief Kirkpatrick also introduced the departments newest Commanders Kyle Sumpter and Steve Neil. b. Human Services CommissionlIntroduction & Certificate of Appointment Councilmember Burbidge introduced and presented Keri Newport with a certificate of appointment to fill the unexpired term through December 31, 2003. c. Planning Commission/Outgoing Commissioner Plaque Councilmember McColgan read the certificate of appreciation to outgoing Planning Commissioner Sophia McNeil for her efforts and time on the commission; Ms. McNeil was unable to attend tonight's meeting and her plaque will be forwarded to her. d. Planning CommissionlIntroductions & Certificates of Appointment Councilmember McColgan introduced and presented certificates of appointment to the new Planning Commissioner and alternate Commissioner appointments through September 30, 2005: Grant Newport, Christine Nelson (alternate), Marta Foldi (alternate), and Tony Moore (alternate) e. City ManallerlIntroduction of New Employees City Manager was pleased to announce the hiring of David Lee, the new Development Specialist for the Community Development Department and Ayad Shuaib who has been hired as a Public Works Engineering Technician/Surface Water Division. Federal Way City Council Regular Meeting Minutes December 18,2001- Page 3 f. City ManagerÆmerging Issues City Manager David Moseley announced there were no emerging issues. IV. CITIZEN COMMENT John Welch; he read and distributed a copy ofa letter to the editor supporting the upcoming school levy; he asked Council to review the letter and sign in support. Terri Kimball & Dawn D' Agostino, spoke to thank Council for the continued support of the Domestic Abuse Women's Network (DAWN) Confidential shelter. Dick Mayor, (written comments) asked the Council to hold the upcoming retreat in Federal Way. Patricia Owen, (written comments) who is opposed to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda. Roy Parke, spoke in opposition to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda. Charles Connon, spoke in opposition to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda, asking why the Bellacarino Woods Development was receiving more attention. Bob Wilson, spoke in opposition to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda, and asked Council to reconsider naming his property in this item. H. David Kaplan, spoke in support of holding this years Council retreat in Federal Way, but noted previous Council retreats that have been scheduled in the city were not well attended by citizens. V. CONSENT AGENDA a. b. MinuteslDecember 4 200 I Regular Meeting -Approved Council Bill #288/Code AInendment/Arts Commission Reduction in MembershiplEnactment Ordinance -Approved Ordinance #01-409 Federal Way Cüy Council Regular Meeting Minutes December 18,2001- Page 4 c. Council Bill #289/356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation/Enactment Ordinance-Approved Ordinance #01-410 Mid-Biennium Review/200l002 Human Services Contracts-Approved 2002 Airport Communities Coalition (ACe) Interlocal Allreement- Approved Allow Employees to Donate Vacation for Military Leave-Approved PCCI Janitorial Service Contract-Approved Silverwood Final Plat Approval/Resolution-Approved Resolution #01-354 Rosewood Final Plat Approval/Resolution-Approved Resolution #01-355 d. e. f. g. h. i. DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER FAISON SECOND. Councilmember Hellickson pulled Consent Item (c )/356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation, and Consent Item (e)/ 2002 Airport Communities Coalition (ACe) Interlocal Agreement. The motion to approye Consent Items (a), (b), (d), (t), (g), (h), and (i) passed as follows: Burbidge Faison Gates Hellickson Kochmar McColgan Park yes yes yes yes yes yes yes Consent Item (c )/356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation: COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT ITEM (c )/356TH STREET REGIONAL STORM WATER RETENTION/DENTENTION FACILITY PROPERTY CONDEMNATION; COUNCILMEMBER BURBIDGE SECOND. Councilmember Hellickson recused himself due to conflict of interest. City Manager Dayid Moseley asked Public Works Director Cary Roe to update Council on this item. Mr. Roe briefly reviewed each of the main issues raised at the last Council meeting including status of negotiations with the Wilson's property, response to Mr. Connon's letter Federal Way City CouncU Regular Meeting Minutes December 18,2001 - Page 5 requesting clarification with issues surrounding development of his property, and response to a letter from Ms. Owen, concerning flooding on her property. After further discussion, Deputy Mayor Kochmar asked City Manager David Moseley to review the process and discuss with the Land Use/Transportation Committee. The motion to approve Consent Item (c) passed as follows: Burbidge Faison Gates Hellickson yes yes yes recused Kochmar McColgan Park yes yes yes Consent Item (e)/2002 Airport Communities Coalition (ACe) Interlocal Agreement: COUNCILMEMBER HELLICKSON MOVED TO WITHDRAW FROM THE AIRPORT COMMUNITIES COALITION. Motion dies for lack ofa second. DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF CONSENT ITEM (e)/2002 AmORT COMMUNITIES COALITION (ACe) INTERLOCAL AGREEMENT AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. The motion passed 6-1 as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park yes yes yes VI. CITY COUNCIL BUSINESS a. Reschedule January I 2002 Regular Council Meeting COUNCILMEMBER GATES MOVE TO SUSPEND COUNCIL RULES AND RESCHEDULE THE JANUARY 1, 2002 REGULAR MEETING TO JANUARY 2, 2002 DUE TO THE NEW YEARS HOLIDAY; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes December 18, 2001 - Page 6 b. Municipal Judge Reappointment Mayor Park read into the record the procedures to be followed allowing a five minute report ITom the City Manager David Moseley, Judge David Tracy, and Domestic Violence Task Force Representative Lorraine Netherton. City Manager Dayid Moseley gave a brief recommendation to the Council supporting his reappointment of Judge Dayid Tracy, noting the Court has functioned well over the last year. Judge Tracy briefly responded to the issues that have been raised regarding his reappointment, and noted he has to follow the procedures and guidelines set forth. Domestic Violence Task Force Representatiye Lorraine Netherton spoke to the Task Forces concerns and submitted written documentation and audiotapes for Council's review. Citizen Comment: Judge Judith R. Eiler (written comments), spoke in support of the reappointment of Judge Tracy. Bill Murphy- spoke in support of the reappointment of Judge Tracy. Tony Platter. spoke in support of the reappointment of Judge Tracy. Tim Jenkins, spoke in support of the reappointment of Judge Tracy. John Scholbe, (written comments) spoke in support of the reappointment of Judge Tracy. Woody Leyerette, spoke in support of the reappointment ofJudge Tracy. Diana Zottman, spoke in support of the reappointment of Judge Tracy. Charles Delaurenti, spoke in support of the reappointment of Judge Tracy. COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF THE REAPPOINTMENT OF JUDGE DAVID TRACY; COUNCILMEMBER FAISON SECOND. Councilmember McColgan withdraws the motion to allow for further discussion. Fetkral Way City Council Regular Meeting Minutes December 18, 2001-Page 7 COUNCILMEMBER HELLICKSON MOVES TO RECESS TO ALLOW THE COUNCIL TIME TO LISTEN TO THE AUDIO TAPES PROVIDED BY THE DOMESTIC VIOLENCE TASK FORCE. The motion dies for a lack of a second. COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF THE REAPPOINTMENT OF JUDGE DAVID TRACY; COUNCILMEMBER BURBIDGE SECOND. The motion passed 6-1 as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park yes yes yes c. Location of2002 Council Retreat -ADDED ITEM COUNCILMEMBER HELLICKSON MOVED TO HOLD THE 2002 CITY COUNCIL RETREAT IN A FACILITY IN FEDERALWAY; DEPUTY MAYOR KOCHMAR SECOND. The Council discussed the pros and cons of holding retreats locally or out of town. The motion passed 5-2 as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes no no VII. INTRODUCTION ORDINANCES a. Council Bill #290/Code Reyisions for Solid Waste & Recvcling AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLES I, II, III AND IV, CHAPTER 12 OF THE FEDERAL WAY CITY CODE, WHICH CHAPTER ESTABLISHES A UNIFORM SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, INCLUDING GARBAGE, RECYCLABLES AND YARD DEBRIS. COUNCILMEMBER GATES MOVED COUNCIL BILL #290/CODE REVISIONS FOR SOLID WASTE & RECYCLING TO SECOND READING/ENACTMENT AT Federal Way CiJy Council Regular Meeting Minutes December 18,2001 - Page 8 THE NEXT REGULAR MEETING JANUARY 2ND; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #29lÆxtension of City Solid Waste Utility in Annexed AIeas AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A FRANCHISE TO ALLIED WASTE INDUSTRIES, INC., AKA RABANCO COMPANIES TO OPERATE IN CERTAIN ANNEXED AREAS, IN ACCORDANCE WIlli RCW 35A.14.900. COUNCILMEMBER GATES MOVED COUNCIL BILL #291IEXTENSION OF CITY SOLID WASTE UTILITY IN ANNEXED AREAS TO SECOND READINGIENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON JANUARY 2ND; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follow: Burbidge Faison Gates Hellickson yes yes yes yes Kachmar McColgan Park yes yes yes c. Council Bill #2921P0rtion of Milton Road South Street Vacation AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF MIL TON ROAD SOUTH, SOUTH OF ENCHANTED PARKWAY AND ONTIIE EASTERN BOUNDARY OFTIIE ENCHANTED PARKS PARKING LOT. COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #292/PORTION OF MILTION ROAD SOUTH STREET VACATION TO SECOND READINGIENACTMENT AT THE NEXT REGULAR COUNCIL MEETING JANUARY 2ND; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Burbidge Faison yes yes Kochmar McColgan yes yes Federal Way CiJy Council Regular Meeting Minutes December 18, 2001-Page 9 Gates Hellickson yes yes Park yes VIII. CITY COUNCIL REPORTS COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES TO ALLOW COUNCIL MEETING TO CONTINUE PAST 10:00 P.M.; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Councilmember Gates announced Sound Transit would be including a holiday schedule for the Sounder. Councilmember Burbidge announced the next meeting ofthe Park~ecreationlHuman Service~ublic Safety Commission would be held January 4th at 12:00 noon. She wished everyone a "Happy Holiday", and spoke to thank all yolunteers who have helped this year including city staff with the adopt a family program. Councilmember Hellickson thanked everyone who attended the benefit dinner and auction for the South King County Multi-Service Center, approximately $13,000 was raised. Councilmember Faison had no report this evening. Councilmember McColgan announced the next meeting of the Land Use/Transportation Committee would be held January 7th at 5:30 p.m. He also extended a "Happy Holidays" to everyone. Deputy Mayor Kochmar reported on the King County Solid Waste plan that will be coming to the cities for review. Mayor Park announced the next Economic Deyelopment Committee would be meeting December 19th at 8:00 a.m. He extended "Happy Holidays" to all, and noted it has been a great honor to serve as Mayor for the past two years. Federal Way City Council Regular Meeting Minutes December 18, 2001 - Page 10 IX. CITY MANAGER REPORT City Mana!j,er David Moseley announced the 2002 City Council Retreat would be held on January 11 and 12th at a location to be determined in Federal Way. He also announced the State Re-Districting has been completed, where all of Federal Way including the Potential Annexation AIea is in the 30th District. Mr. Moseley noted last week the Management Services Department implemented an on- line business renewal pilot program in corporation with the state and city ofSeaTac where you can renew your business license including payment on-line. The Parks, Recreation, and Cultural Services also offer on-line registration for classes. City Manager Dayid Moseley reported on the installation of a new Heritage Woods play structure; he thanked all involyed. Mr. Moseley was please to recognize City Attorney Bob Sterbank, who was recently featured as a "rising star" in a national legal magazine. He wished everyone a "Happy Holiday" and thanked staff for their participation in the adopt-a-family program that assists families in need in the community. City Manager Dayid Moseley further reminded Council of the need for an executive session for the purposes of discussing Review Performance of a Public Employee/Pursuant to RCW 42.30.110(1 )(g); Collective BargaininglPursuant to RCW 42.30.l40( 4)(a); and Potential LitigationlPursuant to RCW 42.30.110(1 )(i); for approximately forty-five minutes with action anticipated. x. EXECUTIVE SESSION At 10:00 p.m. Mayor Park announced the Council would be recessing to executive session for the purposes of discussing Review Performance of a Public Employee/Pursuant to RCW 42.30.110(1 )(g); Collective BargaininglPursuant to RCW 42.30.l40( 4)(a); and Potential LitigationlPursuant to RCW 42.30.110(1 )(i) for approximately forty-fiye minutes. After a brief extension, Council returned to Chambers at 11 :03 p.m. a. Reyiew Performance of a Public Emplovee/Pursuant to RCW 42.30.110(J)(g) Collective Bargaining/Pursuant to RCW 42.30.l40(4)(a) Potential LitigationlPursuant to RCW 42.30.ll00)(i) - ADDED ITEM b. c. Federal Way City Council Regular Meeting Minutes December 18,2001- Page 11 MAYOR PARK MOVED TO DIRECT THE CITY ATTORNEY TO AMEND THE CITY MANAGER EMPLOYMENT AGREEMENT TO ALLOW FOR AN ANNUAL INCREASE EQUAL TO THE COST-OF-LIVING OR COST-OF- MARKET INCREASE OF THREE AND ONE-HALF PERCENT (3.5%) GIVEN TO REPRENTED EMPLOYEES OF THE CITY, AND THEREAFTER THE CITY MANAGER SHALL RECEIVE AN ANNUAL INCREASE EQUAL TO THE COST- OF-LIVING OR COST-OF-MARKET INCREASE GIVEN TO GENERAL EMPLOYEES OF THE CITY; PROVIDED, HOWEVER, THAT THE 1999 BASE SALARY DESCRIBED IN SECTION 3 HEREIN INCLUDES THE 1999 TWO AND ONE-HALF PERCENT (2.5%) COST-OF-MARKET ADJUSTMENT APPROVED BY THE CITY COUNCIL FOR 1999. THE CITY AND THE CITY MANAGER AGREE THAT THE CITY MANAGER'S BASE SALARY MAY BE REVIEWED FOR PURPOSES OF POSSffiLE ADJUSTMENT PERIODICALLY, AS DETERMINED BY COUNCIL; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes XI. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at II :08 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: .JM\.itI~ '1., 'WÐ2- ITEM# ~Çß-j ---------------~-----_._._.. ---_._~-----_._--~~--_._-------------- ------ .-.---~--.- .._._--_._----~------_.._-- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: City Code Reyisions for Solid Waste and Recycling CATEGORY: ~ CONSENT Ô RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -----'---"--------'-----'----'----"-------,--- -. -~-------'---'-'-------'- ATTACHMENTS: Memo and introduction ordinance to Finance, Economic Development and Regional Affairs Committee dated November 28, 2001 ------------------------.----------.-.------------------------'-'------______n - -------------.---.--.......------------- SUMMARYIBACKGROUND: The proposed revisions ensure continuity with the new Comprehensiye Garbage, Recyclables and Yard Debris Collection Contract (ftanchise agreement) with Waste Management, Inc. The goal of this Code revision process is to consolidate and simplify the Code, and eliminate superfluous provisions. The proposed reyisions are also intended to minimize unnecessary regulatory impacts to ratepayers. With limited exceptions, the -oposed revisions are designed to instruct generators in handling their garbage, rather than instructing the hauler on how go about its business - since this is the focus of the new ftanchise agreement. These City Code changes are intended to go into effect in conjunction with the start of the new ftanchise agreement on January 1,2002. A strike-out/underline yersion of the proposed changes to the City Code is attached to this memorandum. In addition to revising de[mitions ftom Section 12-1 to reflect the new ftanchise agreement, highlights of the reyised Code include: "Adding additional flexibility for the City to designate disposallocation(s), allowing for potentiallower-cost disposal options (Section 12-2). "Repealing a conflicting statement regarding exclusion of County powers (Section 12-3). These powers are already excluded as delineated by the existing Solid Waste Interlocal Agreement with King County. The reference to RCW 70.95.160 could imply that the City desires to forgo Health Department support in solid waste enforcement, which has not been the case in practice. "Updating regulations concerning scayengíng and ownership of wastes, and clarifying that commercial recyclables may be collected by parties other than the contracted Service Provider (Section 12-4). *Eliminating provisions for the City to participate in regional Commercial recycling programs, as this service is not regulated through our ftanchise agreement (Section 12-5). Commercial recycling has been substantially "deregulated" since this code was first adopted, and these services are now ayailable on a "ftee market" basis. "Adding authority for the City to prepare ftanchises or agreements in extending City authority to annexed areas (Section 12-6). *Clarifying proyisions concerning both illegal dumping (Section 12-22), and requirements for sufficient container capacity for garbage (Section 12-30). *Setting requirements for proper home composting (Section 12-23). *Revising weight limits and usage parameters for yarious container types and sizes to reflect the new fj-anchise agreement (Sections 12-24, 12-31, 12-34, 12-35). * Adding proyisions regarding "Public Nuisance" resulting fj-om improper waste handling (Section 12-36), provisions for handling hazardous waste (Section 12-38), and provisions for suspending service to problem customers per the fj-anchise agreement (Section 12-39). * Adding provisions regarding disabled service to reflect the new fj-anchise agreement (Section 12-37). *Defining service providers in tenns of City authority (Sections 12-52,12-56). *Eliminating some "Duties Required" that are instead specified in the new fj-anchise agreement (Section 12-55). *Streamlining the fonnat of the Code, so that the City's role is clearly stated within sections, rather than being repeated (hence the repeal of Section 12-57). For example, elements of the City's role are described in Sections 12-21, 12-24,12-31,12-33, and 12-52. *Repealing requirements for billing fj-equency that are more appropriately specified in the fj-anchise agreement (Section 12-73). Billing fj-equency is generally a cash-flow yersus billing-cost decision made by a hauler, and may also vary by customer account type. In addition, State law would generally apply regarding debt collection (hence the repeal of Section 12-77). These highlighted changes are reflected in the attached proposed revisions to the Chapter 12 ofthe City Code. On subsequent reyiew, the City Attorney recommended changes to two sections. These changes haye been incorporated into the accompanying Ordinance. Section 12-51 was modified to allow self-hauling "to an Administrator approyed collection site" as is in the current City Code text. This change clarifies that self-hauling is not allowed by the Code if it results in illegal dumping or other improper disposal. Section 12-52 was modified to specifY that Service Proyiders may operate either under mutual agreement or a fTanchise. This change was made to reflect that the City may proyide "granted fj-anchises" to State-regulated haulers with operations in annexed areas, without requiring the execution of a negotiated agreement. A similar action is proposed by the other SW/R related Ordinance on the City Council agenda, which grants Rabanco a fj-anchise pursuant to RCW 35A.14.900- --------.-.------------.. -. .-...------.--.----------- ..-.-------.--.-..-.- CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance, Economic Deyelopment and Regional Affairs Committee recommends adoption of the ordinance by the City Council. --..-...-----------. -------------------..-..----- -----.--- ----- -- -------------- PROPOSED MOTION: "I moye the proposed ordinance to second reading and approval at the next regular meeting on January;1, 20~" ~~~:~~GE~ A~~ROV~~-:-~-------- ---- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ------..---...--------- COUNCIL ACTION: I] APPROVED . DENIED L.J TABLED/DEFERRED/NO ACTION œ MOVED TO SECOND READING (ordinances only) it> OIJOZ-/O'z.. t'VIU~ REVISEO- 0511012001 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~f:r DATE: Noyember 28,2001 TO: Finance, Economic Deyelopment and Regional Affairs Committee SUBJECT: Rob Van Orsow, Solid Waste and Recycling Coordinator Dayid H. M~anager City Code Revisions for Solid Waste and Recycling tY¡'I/--." FROM: VIA: BACKGROUND At its August 7, 2001 City Council Meeting, the City Council directed staff to prepare reyisions to the Federal Way City Code to reflect the reyised Solid Waste Utility service structure and the new solid waste service contract that resulted from the City's recent Request for Bids process. These proposed reyisions focus on Chapter 12 of the City Code. DISCUSSION The proposed revisions ensure continuity with the new Comprehensiye Garbage, Recyclables and Yard Debris Collection Contract (franchise agreement) with Waste Management, Inc. The goal of this Code revision process is to consolidate and simplify the Code, and eliminate superfluous proyisions- The proposed revisions are also intended to minimize unnecessary regulatory impacts to ratepayers. With limited exceptions, the proposed reyisions are designed to instruct generators in handling their garbage, rather than instructing the hauler on how to go about its business - since this is the focus ofthe new fÌanchise agreement. These City Code changes are intended to go into effect in conjunction with the start of the new franchise agreement on January 1,2002- A strike-out/underline yersion of the proposed changes to the City Code is attached to this memorandum. In addition to reyising definitions fÌom Section 12- 1 to reflect the new fÌanchise agreement, highlights ofthe revised Code include: . Adding additional flexibility for the City to designate disposal location(s), allowing for potential lower-cost disposal options (Section 12-2). . Repealing a conflicting statement regarding exclusion of County powers (Section 12-3). These powers are already excluded as delineated by the existing Solid Waste Interlocal Agreement with King County. The reference to RCW 70.95-160 could imply that the City desires to forgo Health Department support in solid waste enforcement, which has not been the case in practice. Updating regulations concerning scavenging and ownership of wastes, and clarifying that commercial recyclables may be collected by parties other than the contracted Service Proyider (Section 12-4). SW&R City Code Revisions November 28, 2001 Page20f3 . Eliminating provisions for the City to participate in regional Commercial recycling programs, as this service is not regulated through our franchise agreement (Section 12-5)- Commercial recycling has been substantially "deregulated" since this code was first adopted, and these services are now available on a "free market" basis. . Adding authority for the City to prepare ffanchises or agreements in extending City authority to annexed areas (Section 12-6). . ClarifYing provisions concerning both illegal dumping (Section 12-22), and requirements for sufficient container capacity for garbage (Section 12-30). . Setting requirements for proper home composting (Section 12-23). . Revising weight limits and usage parameters for various container types and sizes to reflect the new franchise agreement (Sections 12-24, 12-31, 12-34, 12-35). . Adding provisions regarding "Public Nuisance" resulting from improper waste handling (Section 12-36), provisions for handling hazardous waste (Section 12-38), and provisions for suspending service to problem customers per the ffanchise agreement (Section 12-39). . Adding provisions regarding disabled service to reflect the new ffanchise agreement (Section 12-37). . Defining service providers in terms of City authority (Sections 12-52, 12-56). . Eliminating some "Duties Required" that are instead specified in the new franchise agreement (Section 12-55). Streamlining the format of the Code, so that the City's role is clearly stated within sections, rather than being repeated (hence the repeal of Section 12-57). For example, elements of the City's role are described in Sections 12-21, 12-24, 12-31, 12-33, and 12-52. . Repealing requirements for billing frequency that are more appropriately specified in the ffanchise agreement (Section 12-73). Billing ffequency is generally a cash-flow versus billing-cost decision made by a hauler, and may also yary by customer account type. In addition, State law would generally apply regarding debt collection (hence the repeal of Section 12-77). These highlighted changes are reflected in the attached proposed revisions to the Chapter 12 of the City Code. SW&R City Code Revisions Page 3 on RECOMMENDATION Staff recommends that the Finance, Economic Development and Regional Affairs Committee (FEDRAC) forward the attached draft ordinance to the December 18, 2001 City Council Meeting Agenda as an introduction ordinance with a recommendation for adoption by the City Council. RMV:dl Attachment: Draft Ordinance Amending Chapter 12 of the Federal Way City Code k:\fedc\2001\swr city code.doc D'L D¡RAFT 7J- AN ORDINANCE OF THE CITY OF FEDERAL WAY, ¥á I WASHINGTON, AMENDING ARTICLES I, II, III AND IV, CHAPTER 12 OF THE FEDERAL WAY CITY CODE, WHICH CHAPTER ESTABLISHES A UNIFORM SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, INCLUDING GARBAGE, RECYCLABLES AND YARD DEBRIS. ORDINANCE NO. WHEREAS, the City of Federal Way has adopted the goals and objectives set forth by the King County Comprehensive Solid Waste Management Plan, specifically to preserve the enyironment and public health through the proper management of solid waste, and to mitigate the impacts of existing and future solid waste handling; WHEREAS, the City of Federal Way has entered into a new contract for garbage and recycling collection services, which includes changes to current services and the addition of new services; WHEREAS, the Finance, Economic Development and Regional Affairs Committee reviewed changes to the Federal Way City Code necessitated by the new contract at its November 2001 meeting, recommending adoption of these changes to the City Council; WHEREAS, the City Council considered and voted to adopt these changes at its December 18,2001 meeting; and WHEREAS, the City Council desires to revise and amend Articles I, II, III and IV, Chapter 12 of the Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 12-1 of the Federal Way City Code is hereby amended to read as follows: ORD# ,PAGEl 2-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the official of the City holding the oftìce of Public Works Director. or his or her designated representatiye. Ancillary Disposal Provider means those persons that offer delivery. maintenance or clean-up services that by their nature include a disposal fLUlc!Ìon. Ancillary Disposal Providers must provide a legitimate service other than Garbage collection and disposal services equivalent to those proyided by a City-contracted Service Provider. Exan1ples of Ancillarv Disposal Proyiders include. but are not limited to: businesses that deliyer new appliances. carpets or other furnishings and remOYe and dispose of the replaced item; contractors that self-haul construction and demolition wastes that they produce during the course of their regular business activities; and. clean-up seryices that include a container or truck loading function in addition to hauling and disposal. Cal1 means a City-approyed wheeled plastic container that is designed for and used with a Iwdraulic lifting mechanism, with 35-, 64- or 96-gallons of capacity; weighing not over 35 pounds when empty or 50 pounds I2IT 32-gallon capacity when fiJll: fitted with a sturdy handle and a cover; rodent and insect resistant; and capable ofholding f5211ectc<1JLquids without spilling when in an u¡Jright position. City means the City of Federal Wav.locatcd in King County, Washington. ColiectiÓn company shall mean the person cet1ified by the Washington l.!tilitiøs and-4'1'fH1Sp"rhH iooGoIHm is£ion-f-~G22t-¡mr-su ant-tH-Gflilplè1'Í'Q ,;Z7-RC \o\Lte-engage-m t+Je--husi+Ie5S-'OH-)reratin; as both a garba;e and-re~IJ.ee!ioH-CtmlfHif!Y. including un ORD# ,PAGE2 ffi,ther~tFaflcl-lÍsee-fur the coliectioA of recyclable materials under thÏ&-€h1lJ*er-in-areas including all or part of the city. Commercial ç;customer sOOlJ.-mean~ a non-Rresidential, nonindustrial customer> including but not limited to businesses. institutions and govelllmental agencies and all other similar users of non-Residential Garbage collection services ami those H1ultifamtly complm¡es not selecting residential service fer each uAit. Curb or Curbside means on the homeowners' property, within tìve feet of the Public Street without blocking sidewalks, driyeways or on-street parking, If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the resident, convenient to the Service Provider's equipment, and mutuallv agreed to by the City and Service Proyider. Detachable Ç;eontainer means a watertight metal or plastic container equipped with a tight tìtting cover. capable of being mechanically lmloaded into a collection vehicle, and which is not less than one cubic yard nor greater than eight cubic yards in capacity.any-garbage or recye1ing roeeptaeIe compatible n¡itJ-l the franehisoe's equipment that is Rot a mini caR, standard garbage eaR, garbage LHÜt, Ðr mobile tater. Drap boxes are OOfIsidereà-èetaehabJe-eootainers. Detachable containers -are ;:;enerally pravided by ¡;'ederal \!/a)' Disposal, bat may be owfled by cHstomcrs at the custeUler's reEHcst and wtth-t1~hisec' s appmyaL Director sHall moaB tho directar of tho public \>larks depal1meBt. Drop-box Container means an all metal container with ten cubic yards or more £ill1i!£itY..!h_<!t is loaded onto a specialized coll.££11ol1 vehicle. transported to a disposal or ITcycling site. emptied and capable of then being tI;!,JSported back to tbe customer's site. ~~ible how;chold shall mean a rcsidcl1€ecoH¡'¡¡ittÌflg-oo~ ORD# , PAGE 3 ORD# ItHits-and-tu-whHm-each unit receives sllgJe-fa.mHy-¡.nit collection services. Environmental damage shall include, but not be limited to, damages, costs, e1aims arnl-ltabifities for alleged injury, harm oF-t!egmàation to the aiF;--Seil~Fface water or groundwater, co~;ts, claims am! liabilities for personal injury or property darnages, iR€~¡;dÌltg-4mt~F--àestruction o+-ttFepefiy-¥fi1.lteS;--ilr15iHg--fr-em any such alleged injury, haml or degradation. This term shall also include any iHvestigatiYe, reSjJoHse or I~S or liabilities that may be incurred-ff-imposed under CERCL:\, 12 USC Section 9601 et seq.; RCR.'., 12 USC Section (;902 et seq.; the State 'Hater Pollutiofl Control ,"ct, Chapter 90.18 RCW; the Washington Clean :\ir l\ct, Chapter 70.91 RCW; the State Hazardous Management ,'.ct, Chapter 70.1 05 RCV!; the State Hazardous 'Haste Fee :\ct, Chapter 70.1 051'. RCW; and other-redemJ...-eF-state environmental laws. The tørm shall Rot ine!UEle capital, operating and RlanagemeRt costs in acceràaflee ',vith eUITont or +Ìtlure staRElard practices or required by applieabltHct'!.llations govemiHg the operation of solid waste facilities. Extra .!J.unit is defined asmeans an additional quantity of Garbage or Yard Debris set out next to the customer's regular Garbage or Yard Debris Container. In the case of Can or Cart Garbage service, an Extra Unit shall be the cquiyalent of 32-gallons of material. In the case of CaI1 Y ard D~bris service, an Exh-a Unit shall equal 96-gallons of material and not more than 65 pounds of material. In the case of Detachable Container Garbage or Yard Debris service. an);,xtr,UlnÜ shall be the equivalent of one cubic yard 0 f mat cri a I. garbage--seH)Ut-Üt--oodi1tøH--fe--the--am-el.!l1t--øf--sen'¡ ce su bseribed---te--by--tlte wstemer, such as large items as fioc!cod-Çf¡ffitrnlls trees and garbage i1: bo)(e~;. call011s, l'lflgs-..gar\7a-ge-feee¡ffiI€-J es-. "'leo-Eadl-- eex [ffI-1t Hi \c-is---tr mn.-et1;H~~alJeHs -aRt!- -5hall- net <;>æeed 32 gallons, [.our C~Ht~(->-5-t;øHHtl5-ti!lcluding contents). /\11 extra unit charge , PAGE 4 ~haJ.1.-be levies when an e)ctra unit is set-oo~lJ5tomer and collected by tfle franchisee. Franchise rotainage shall BleaR the amount of the monthly rate per aceOlmt that shalJ-Be-retained by the fraflchisee from actual cash collections in consideration fer thc cost of service. Garbage sba.t+-mean~ all putrescible and nonputrescible solid and semi-solid wastes, including- but not limited to, rubbish, ashes, industrial wastes, swill and discarded commodities and non-Source-separated col1stmctionldemolition materials that are placed by customers of the Service Provider in appropriate bins. bags, cans or other receptacles for collection and disposal by the Service Proyider. The term Garbage shall not include Hazardous Wastes, Source-separated materials, Recyclables or Yard Debris.aIl accumulation of refuse, swill and other solid waste matter net intended for recy~ reuse and discanJed as ef no further yalue te the O'l.'fler. (B-Refuse shall mean waste matter, discar-ded as ef ne further value, including broken concrete, plaster, bricle, other building mateJials, building waste, fire refuse and waste, aahes, cinders, clinkers, broken :~p household furnishings and equipment, discar-des hot '¡.-ater tanlcs, bottles, balTels, cartons, paper, and scraps of wooclel1 crates ~e,,€iuè.e--]ar¡:;e trees, earth, sand, gravel, rock, automobile bodie&-aoo large auto parts. (2) Swill shajJ-ffieillHHki€wmulations of animal, fruit or '.-e¡:;etahJ_aHeF;-liÆ¡ffià or other¡.-ise, that attcAds the prepæ-ation, use, dealing iA or storing of meat, fish, fewl, +fuit-aOO--veg€tabk>s-. (3) Garhage e"cludc~; recyclable materials iAtencled for recycling untler--tftis ellilpteF-.-yar4-wilst e;~ I H aRUfe,-SeWiI ge-i!fl&-sewage-5'¡u¡j~ead-H¡¡jmals-~&\'ff--l~) -tH'lt1nfls-, amI-cleaHiR-gS-1.,jIHfH>'H€-itH6-f}ri\ ate catchbasins, ',.-ash rack:, or Silittj}5-.(:e+le€+iOR-iIHt! ORD# ,PAGE 5 ORD# dffipesa1--ef..matter excluded from the te~affia~e" shall.\.¡"Hls-eiherwise prov-ided-by law-. Garbage Can means a Citv-approved water-tight galvanizcd sheet metal or plastic container not exceeding four cubic feet or 32-gallQ!J!i.in..£!!?acity; weighing not oyer 15 pounds when emptv or 50 pounds when full; fitted with two sturdv handles, one on each sidJ<; and titted with a tight cover eg\!md with a handle.receptacle includes detachable ooffiaiRef'S, mini callS, stallilard garba;;e can, ~e-lItHt-and!or mobile-teteFs-. Garbage units shall meaB secure and tight bundles, none ef '-,.-hich shall c)weed three feet in the longest dimension-and shall net exceed GO pounds in weight. Garbage ¡¡Flits may alse mean small discarded boxes, barrels er bags, er securely ti¡;ht carteRs er other receptacles not intended JØf-ree-yeJ.iFl;; under this chapter and able to be reasonably handled and loaded by one pemen ento a collectien "chicle. Hazardous Waste means anv substance that is: Defined as hazardous bv 40 c.F.R. Part 261 and regulated as hazardous waste bv the United States Environmental Protection Agencv under Subtitle C of the Resource Conservation and Recoverv Act ("RCRA") of 1976, 42 U.S.C. Ii 6901 ct scq.~ as amcnded_J>..Y the Hazardous and Solid Waste Amendments ("HSW A") of 1984; the Toxic Substances Control Act, 15 U-S.C. Ii 260 I et seq.: or any other federal statute. or regulation governing thc treatment. stora~, handling or disposal of waste imposing special handling or disposal reQuircments similar to those reQ\!ire,lJ?y.Subtitle C of RCRA; or Defined as dangerous or extremelv hazardous by Chapter 173-303 WAC ;rtlfLrçgulateQ..-l!s.. \!;rl.lg~I\)ILS\V<tst", or extremelv hazardou:? \v.:~~t".þy_illc Washington State D-'ll'lrtment or Ecologv under the State Hazardous -"\,~g.., ,PAGE6 Management Act, Chapter 70.105 RCW, or any othcr Washington State statute or regulation goveming the treatment, storage, handling or disposal of wastes and imposing special handling reQuiremenls similar 10 those required by Chapter 70.105 RCW. Any subsl¡mce that after the cffcctiye date of lhc contract with the Service Provider comes within the scope of this definition as detennined by the City. Likewise. any substance that after the effective date of the contract with the Service Provider ceases to fall within this definition as determined bv the City shall not be deemed to be Hazardous Waste. Uncontaminated waste motor oil put out for collection by Residential customers for recycling shall not be deemed to be Hazardous Waste. Industrial 6liston16r shall meaa any 6effil'l'lercial customer fer municipal solid .",-aste 6ellectien services in tRe city geReratin¡; in excess ef 175 tORS ef municipal selid .,,:aste per week en an ongoing basis. Industrial waste shall mean amI incllide 'NaGte generated as a by pr{)duct of manufacturiag eperations, usually consisting ef large quaatities af paper, cardboard, metal, plastic, serap lumber and duanage and other materials incidental ta and canaeoted wttlHmmufacturing process and not otflerwise--.iHeffided in the definition af "¿;aroage-::, "Ra;~ardolls" er "special 'Naste." Orw# ,PAGE7 ORD# King Countv Disposal System means the areas owned, leased or controlled by the King Count1- Solid Waste Division, King County, Waslèing!Q!L(per the County_lnterlocal Agreement) for the disposal of Garbage, or such other site as may be authorized by the Kln& County Comprehensjve Solid Waste ManagemenU»)l!Il.,lI]t!j\1lliL~\:!<~þ-y_the C)!y, Micro-can means a water-tight galvanized sheet-metal or plastic container not exceeding ten-gallons in capacity or 15 pounds in weigþt when full; fitted with~~ sturdy handles, one on each side; and Jitted with a tight cover cQuipped with a handle. Mini-can sflaIJ..-mean!1 a water-tight galvanized sheet-metal or plastic container not exceeding la-gallons in capacity or 30 pounds in weight when full; fitted with two sturdy handles, one on each side; and Jitted with a tight cover equipped with a handle.~ galh:m-_lIsed fur the collection of residential garbage by the franchisee- These CaRS shall be provided by tile franchisee and sllall remain the property of tHe francHisee. THey ~ded and assigned-t&-residencesfur the health, safcty, convenience and general welfare of the occupants. Mobile toter means a moveable reeeptæle---wffi€fl--.flolds 6a to 90 gallons at-a maJiimmTI of 200 pounds of garbage, aru:! a Hinge typo and lid 'Nith tight fit, thick slffimed-,~wfliffi--5its-oo-tires, which v:ill be-pi£ke<Hip-at curbside with hydraulic e¡¡IIipment. TAese totcr~; shall Be provided to ellstomers &H9sm'iliiw>ole toter service by the franffiisee-arni-ffiall-remaifl.--.tlre... property of-tiJe tì'anchiseo. TAey are provided and assigned for the health, safety, convenience aRd genefaI--we1-Hlfe-'Bfthe customers-. Multi¡He-family complex shallResiQ£!KÇ mean~ a ~;tructure containing!1lUltiple- !miLBcsidcnce with Jive or more 4w€J1.i-ng-attachç,lunits serviced by a common solid Iv.a.stcil()I:<lgÇ.cgI1Jl!j¡lg. , PAGE 8 Pa)l1lcBts to the city sflaH--mefH+-lRe-am~fle..-.m!e-J*'f-a£€e'uf1t--less-the franchise retaillage amount that c;hall be paid to the eity ""ithill 30 days from the billing of ~+eH\\ò€eBRts-. Person shaH--mean§ every-~_person, firm, partnership, association, institution or corporation. a<:-BtHlulating garbage--feEj"Hffi»g-àisposal or ;;etlefattflg-,il£-Hirnu-latffig-anà collecting recyclable materials. The term shall also mean the o€Cupation 9CCllpant and/or the owner of any premises for which service is-mentioned in this chapter is rendered.....m: eligible or entitled to be served. Private Drive mcans a privately owned or maintained way serving fewer than Jòur Residences; or serving less than one Residence for every 100 yards in distance. Private Road means a priyately owned and maintained way that allows for access by a servic.e tlllck and which serves four or more Residences. Public Street means a public way used for public travel. including public alleys. Recyclables means any of the following when generated by a Single Family or Multi-family Residential customer: aluminum cans; comlgated cardboard; glass containers, mixed waste paper; waste motor oil; newspaper; recyclable plastic containers that have contained non-hazardous products; poly-coatcd cartons; scrap metals not ~~seeding two feet in any direction and 35 pounds in weight perJ)iecc; tin cans; and such other materials that tile City detem1Ìne to be recyclable. Recyeling receptaele illeludes the followin;: (I) designated bins, nlohile totem or detooMbfe--ffiHtatners in which recyclable matcrials cm! be sw-ed-aOO-later placed at curbside, allcy side or other location designated by the director-N-thc franchisee ',vitti the e t}HHltl'eH€C-- of .--lhe-àire€ffi!T-~ignateà-B.H1-H11eH"ial--- ,I elao hab I e--€oolaÌflcffi--alld eoRIf'a<AtH'&---ai-le€ations as may be specifte~He---dtTe€-IOF--. or--f}')-HBÿ--W£. BOX or ORD# . PAGE 9 ænl ili . fI m e ~ e u1-It y-tß e- to ~ ~ I e ~ èeffii.fi ab Ie-to----€e J.Ieeti en personAe! by me(\ns of a label or sign, as containing reeyclal3les, which must also be oo+IeC4ed-ÐY-WIle<->t1ffi'r- persoAfiel \vheA reeyele\oHes-af~-w'lected, except-when--;;uefl contaiAment units exceed 65 POUAEIS if! weight. R eeyelèle-mateFials-5ha lIme an w as te-matefial&-genef-ated-in-tl'le-;7ity---€a¡mble-ef reHse tì'om a waste stream as desigFIated by tRe director, incllou!if!g but Rot limited to serted-ef-1ffiOOFIed-newsmnt, ¡; I ass, all.lffii_~H5--aflè.-OO¡rIfffoos-c-;lfIs,-Hf}P-E-af!à PET plastic bottles (bottles are defined as havif!;; a neck) except bottles that OAce oontffined dæJgerous or houGehold l'Iazardous v;as~è--fapeF;-fflagazines and cardboard accunll;lated and iRtcAded for recycling or reuse æJd collection by tRe ~hisee. This tenn e)[cluElcs all daRgerøus wastes afJfi-fla;>.-afèøus wastes defined in Chapters 70.105 and 70.105/\ RCW, yard wastes æJd solid wastes iAtel1ded for disposal in a !aHdfill, incin€ffitor, or solid waste disposal facility unEler Chaptcr 173 301 WAGo-AH rec~laI3le materials iRteAdcd fur collection by the franchisee shall remaiR the respensibility and ownership ofparticipallÉs !intil such ¡naterials as ceAtained-in recycling receptacles are placed out for cellectioR by the fnmehisee. Materials then become the respen£il'li!ily-anè4he-'}f"P erty 0 f tAe co Ilectio n-wmj3$y-eHmtl'leffio:ed-.ffaflffiisee-sul'ljeet to tl'le right of the p:111icipælt te claim lest prepeJiy ef value. Rccycling Bin means a Service Proyider-provided la-gallon container suitab1eliJr Sinde Fa!)l_ilY_ß~s.¡g.£ntial collection, storage, and Curbside llilli<..~ll~nt oL1bf..I19B::P!!I2<èr pol1ion of Source-separated Reevclables. ßçü_,JinRi:_;JJ1_nleans a Service Provider-!2Ii?~i<ie<iJi::_,_i1.'t:_.QL2g_::~J.h2!LJdtr1 suitable for _~esidc!l.tíal collection, storage and Curbsid.<èJJlaccmeI}LQLthe_lli!l2Cr libel' I2CJrljglL of ')()urce::sèp¡¡I:;!.t_,!LBecvelables. 1~9',-'ing .('arts- maLals_o be used - for the ORD# ,PAGEI0 collection of the non-paper fiber portion of Source-separated Recyclables by Multi family Residences. Recycling Container means a set consisting of: (I) one Recycling Bin and one Recycling Cal1 for Single Familv Residence; (2) three stacking rec.Y£.li.!¡g baskets distributed to Single Family Residential customers under a previous Service Providcr's col1ection contract; or, (3) Recycling Cans or Detachable Containers for Multilàmily Residences. Residence and Residential mean living space(s) individually rentcd, leased or owned. Service Provider or Service Providers means that entity or entities holding a valid contract or fi-anchise with the City to col1cct Solid Waste. Single Family Residence means all one-unit houses. duplexes, triplcxes, four- plexes located on a Public Street or Private Road and mobile homes with individually billed collection. Residences located in an area that does not allow safe access. turn- around or clearance lor service vehicles. or on a Private Driye will be provided service if materials are set out adjacent to a Public Street or Priyate Road. ðelid-wasreSolid Waste means Garbage. Recyclables and Yard Debris.-slta.IJ--ee-as àefiHed under W.\C 173 304 100(73), ami iReludcs refuse with the exception of slud6c from--wastewatff-trealffient-pffints and septage, from septic tanks, e)(tren1CjJ'--Ita~*à_s wastes, dangeroHs v. aste.;. UAd 3reblclR waGtes as defined iH Chapters 173 303 and 173 ~-Ghat"¡N,,-m~~ aAà 70.1 05A RCW. Solid waste uti lit), shall l11Cl1n that fund of the city of Federal \-Va)' rnanu,;in:; tile ooan",aJ--and--.adm inistnH iv<}-r"spol1sibiM-y--fuf-5e+id-wast'e--6ülleNion-. and- Üi sposal.. afld FeeJ'€'!ing-. ORD# . PAGE 11 ORD# &»id-wa&te utility progran¡..-ffia!J-me1lR-4Ae-funet~y the city associated '""ith ,;olid waste cølJectiøn and disposul aAd recyeling, paid from the general fu f!d.-G¡- - Nh e f-funàs-Besignated-lw4, ~ Wi I ne ii, Special dispatch means a picl;up requested by a resident or business at a time othef-4han-tlJ€-regulal'ly scheffitled.--¡;iek--U¡H.f¡ne-,if-ap¡tI*abJe. If a speeial di~ required. the rates as adøpted in the ordinance conceming rates adøpted by the city emmeit-wiJ+-app-ly-. St!mdard garbage can meaas a watertight, galvanized, sheet Hletal, raised Bottem eeRlaÍf!ment unit or suitable plastic containment unit apprøximately but not eJweediag four Nlbie feet er 32 galJons in capacity, weighing not over ~5 poUflds '.vnen empty, fitted with two sturdy halîdles, one on-eaeh--si~a tight' cover equipped with a handle. Standard garbage CallS shall be prø"ided BY resideFlts. Waste, hazardous or dangerous. shall-mean any solid waste designated as dangerous or hazardells waste by the State Department efEcølegy Iffidcr Chapters 70.105 and 70.l05.^, RCW, and--weh-waste shall be disposed ofceRsistcnt with the Department of Ecology I11les alld regulatÍens. Source-separated means certain reclaimable materials that are separated from Garbage by the generator for recycling or reuse, including. but not limited to paper fibçI:h metals, glass. plastics, organics and other materials. WUTC sltal+-mean~ the Washington Utilities and Transportation Commission. Yard waste-Debris means leaycs, grass and cli~)pings of woody and fleshy plants, as well a.~ other Soure~,_~çpll.l:!I!~<!orgaIÜ£ l11aleri~.l~.£QmPt\tible with the co1Jectio)J_~'ygçr)1 and acceptable to the Service Provider's nroccssing facility. Un flocked, undecorated Ç:luistmas__tr.£.£S.3!:"- aeccPtt!ÞJc:as'(ard [)eJ'risj( c.~LtQ._~i?c. Matc)ial~_J~!IècL l1MI1_10Llr . PAGE 12 inches in diameter or tour feet in lcngth are excluded. Yard Debris that is contaminated or mi1<.ed-.!yith Garbage or Hazardous Waste is also excluded. shall inelude bHt not be ItmitOO--lø-gmSS clippin6s, shrubbery,leaves and tree Iimb5-illlE!-bFafl€hes-,-wfiich bnmehes cannot CJ:eeed three inches in diameter and teur feot in length, am! eKcludes SOt! and reeks-. Yard waste bundles shall eonsist of yard -..,agto limbs and branches and shall not exceed any ef.the following maximums: iol!rlwt-leHgilij-two foot diamel~r v,eight of 65 pounds. (Ord. No. 91 121, § 2, 121791; Ord. No. 93167, § 2,3 1693) Yard Debris Cart means a 96-gallon container provided to an subscribing Single Fanlily Residences, Multifamily Residences and Commercial Customers for the purpose of containing and collecting Yard Debris. Section 2. Section 12-2 of the Federal Way City Code is hereby amended to read as follows: 12-2 County disposal system - Designated. (at- All Residential and Commercial Customer-generated Garbagesolid waste set out for collection by the City's Garbage Seryiee Proyiders or that is self-hauledgeHeñ!te4 within the eerporale limits of the eft;' shall be~ disposed of ffi-a county solid waste fueilit)1hrough the King County Disposal SYstem. unless an alternative location is designated by the Administrator. ~ The county is Iffithorized to dcsit;Aate disposal sites as offieial £ÐHnty solid waste sites for the disposal of aJ.l.-ooMwas~"get\eFilteè-. f€+- No solid '.yaste may he clivcl1ed lì'O1T1 the disposal sites desit;nated by the €t}UfltY'-W1tR9ItH)(}lH!t7"a PP f\wal-," all-if+- "ÜemdaA€,-L wj{h-the-1ntefleeal-agreement-betweett Ihe-€tty-,,*~ (Ord. No. 91-124, § 5, 12-17-91; Ord. No. 93-167, § 5, 3-16-93) ORD# ,PAGE 13 Section 3. Section 12-3 of the Federal Way City Code is hereby repealed. 2 3 Exclusion of county po',vers. PUfSlliIHH() RCW 70.95.160, the city hefeby-èetemtin-es4bat-ffie-€HIH-1t-y-shaIJ-lli)t exorcise :HI)' powcrs regarding the levels and t) pes of service for any aspect of solid \~~lm!KiliHg--ifl--tI1e--city-.+lliHòoofHy--FegulatiH~il1~s--æga.fdi ng I eve Is and types of service for any aGpect of solid waGte handling, inducting reeyeliflg, shall not apply--withil1-~It'~-HjfJ3Hm!e--limits-Hf.-the-citp{Ord. No. 90 73, § 2,87 90; O~ 1"1, § 6,121791; Ord. No. 93 167, § 6,3 1893; Ord. No. 93 197,12793) Section 4. Section 12-4 of the Federal Way City Code is hereby amended to read as follows: 12-4 Ownership of solid wastes - Anti-scayenging. Once residential Residential Rfecyclable~--matefi.a.l.s,d--wa.ste, Qgarbage;-refuse and/or residential yYard waste-Debris materials have been set out in an Administrator- approved container on the Ç£urbside, or at such other locations a&-iJuthorized byagreed to by a Service Provider pursuant to a service agreement with the Ç£ity, ownership of those Residential Rfecyclable~, solid waGte, Qgarbage;-1'efuse and/or yYard wasre-Debris materials passes to the fi'ancliiseeSeryice Proyidcr under- the terms of the current service agreement with the City. It shall be unlawful for any £person other than the franobseei! 3£rviee Provider to remoye or collect any such Bfecyclable§ materials, Qgarbage_,.-seliè waste-.--r£fuse--and/or yyard""'a5te---Debris material£.-once they are set out in a Seryiee l)m\,_i,!Ç,1::;provided or approy"ed eoDtainer on the roeurbside or other approyed locati~n" provided; llhowever, !hat-su£h-e¡¡€¡usive-ri~h\- slmll-,,*-i51--,)n~y-wi\hin-,,!he---íT-anohise---a.H>a eBVer-ee-hÿ thð "-'UTe tÌ'lmchi:;e to the-HuthBfÌ+€(-!-ffat-1€hisee--ef~ GRO# , PAGE 14 amj-shaU-eJH.'Iüàe-the WUTC ffllAchise or permit held by ethef-*1f~~ furtller, any eccu¡¡aFit may deRate recyclable aFid ran! ." aste materials te any OOH€OR1ntercial entity or may prÐvide er-any Person may collect Recyclables and/or Yard Debris materials deliYer~ to such emtties--Person r-ecyclllble er yard waste ITlaterials à€J.i.vefedill t&-a location where it is legal to accept such materials. In addition, any Person may collect Commercial Source.separated materials from his or her own containers, or un-containerized Commercial Source-separated materials from his or her customers. (Ord. No. 91-124, § 9,12-17-91; Ord. No. 93-167, § 9, 3-16-93) Section 5. Section 12-5 ofthe Federal Way City Code is hereby repealed. 12 5 Commercial recydiag pregmm. Pursuant te Chapter 70.95 RCW and the colmty coln¡mllicRsive soliè-waste maRagement plan, adopted by ilie city, the city determines that it shall participate, at a 1-eveI-a€ccptable to tile city, 'llita the cmlRty ia a commercial recycling pro¡;ram. COrd, No.91121,~8,12179l;Ord.No.93167,§8,3 1(;93) Section 6. The Federal Way City Code is hereby amended to add a section numbered 12- 6, which section reads as follows: J]-.:Ú Annexation. The Administrator shall be authorized to prepare n'anchises or agreements to ~2'J~.n,Lc)!y authority to annexed areas. Section 7. Section 12-21 of the Federal Way City Code is hereby amended to read as follows: 12-21 Administration and enforcement. (a) The director, or the director's repres~Rt"ti\'e,Ù<,111'l111ÜH[;!g!r is hereby authorized and directed to administer the collection and disposal of all gaffiage-. ORD# ,PAGE 15 reeyelabJes-afld-yaHi-wæ;teSolid Waste in the !;:eity, and to enforce the provisions of this chapter. The director is authorized to prepare anv implementing regulations necessary for the development and implementation of a yoluntarv garbage collection program with recycling rates imbedded to encourage participation by residential generators of Solid Waste. (b) Civil enforcement of the proyisions of this article, as against all Epersons other than authorized ffilfleflÌ5BesSeryice Providers, shall be governed by Chapter I FWCC, Article III, Ciyil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the ,Çeity including, but not limited to, criminal sanctions as specified herein or in FWCC 1-13, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in yiolation of this article. Enforcement of the proyisions of this article and chapter against authorized franchisees Service Providers shall be as provided by the applicable franeìlÌse service agreement and as otherwise provided by law, including but not limited to criminal sanctions as specified herein or in FWCC 1-13, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 91-124, § 3(F), 12-17-91; Ord. No. 93-167, § 3(F), 3-16-93; Ord. No. 99-342, § 9, 5-4-99) Section 8. Section 12-22 of the Federal Way City Code is hereby amended to read as follows: 12-22 HL9illldurnpinc prohibitcdGBflIiÚI€ffi-retj1žÆ<*1. MI persons acCllmlllatin~ garba;e in the city shall place and UCCllI11HI;,te the same ìlt-~lppfüV <Jd- 5tH naaffi --garbage--6iHl5-,,*~Wføved-gaf~'-H nib,-1l IÌnì.-t-anS;fe€\3fllae-J.es.-, ilf>pnwed-ffiHBi+E'-+et~. approved detachable eontailler~; a5--+&nired--bÿ-4He-etty-.lt shall ORD# ,PAGE 16 be unlawful to deposit. throw or place any Solid Waste or Source-separated material in any Public Street or other public place~)r to deposit. throw or place any Solid Waste or Source-separated material in any Private Road. Private Driye or on any priyate propel1y regardless of the ownership. unless the Solid Waste or Source-separated material is placed in apnroved collection containers. (Ord. No. 91-124, § 4(A), 12-17-91; Ord. No. 93-167, § 4(A), 3-16-93) Section 9. Section 12-23 of the Federal Way City Code is hereby amended to read as follows: 12-23 Preparation, plaeemern for conection GenerallyComposting allowed. It shan be unlawful to deposit, tHrow, or place aJ-1-)' garbage in ¡flY 1aJ-18, aney, street or other public place, or to deposit. throw or place allY ;:;arbage or StiCH materials OR any priyate propel1y regardless of the ownership, uBless the garbage is placeà iB approveà garbage eaRS, mini eaJ1S, ;saffiage units, receptacles, cornainers or toters, the-offi""rs-of .",.¡tich shall not be removed e¡¡cept wheH necessary for the depesitiRg or removing of gaFbageVegetable wastes, ashes. leaves. grass. plant cuttingS and other organic debris may be composted on priyate premises proyided the compost site is maintained so as not to create odors. expose food waste, allow debris to become scattered or increase the risk from pests. Compostilw. any waste that creates a public nuisance or health hazard is prohibited. .-and-£\teh matcrials: pr-ü¥idOO, however, that boxes, small hanels,--&aFlBns-, scraps of woo,lel1 crates aRC] boxes, brokeR up HousoHolà [¡¡miture anà e~ui¡¡lHe¡1t. ¡¡apeI'. hüHowware-afltJ-Rt9bi5h-i¡; -go . eè-iH--gat'bage units as defined in [Wee 12 l. (Ord. No. 91-124, § 4(B), 12-17-91; Ord. No. 93-167, § 4(B), 3-16-93) ORD# ,PAGE 17 Section 10. Section 12-24 of the Federal Way City Code is hereby amended to read as follows: 12-24 Garbage eaHsç~ntai~~ljz,~iQ.l,. All Residential Garbage shall be placed in a Service Provider-provided or ,lQm:9_IT(L<èmtQ!TlÇX::illQyj~led_~"i~II:@s~-Ç,!I},.MLero~SJ!.Il, Mini:.can .9I..J:at1. In all cas~ customers will be directed to have at least one rigid container as their primal'\' Garbage æntaincLYlastie bag~..lll'lJ'l!.Ç..!d,,--e<1 as.E."tra Units for overflow volumes of Garbagc, but not as a customer's primarv container. Extra Units will be subject to an additional service chargc or fce. An containers shall be packcd so that the contents of thc container will dump out rapidly when the container is inyertcd. Containers and contents shall not excced the weight limits set forth in thcir respcctive definitions in FWCC, section 12-1. Containers shall be stored behind the front building line, or screened from yiew from the street alld behind the setback line of FWCc. chapter 22 (Zoning). except on the day of scheduled pickup. Containers shall be placed at Curbside on a Public Street or Private Road prior to 7 a.m. on theschedu1ed collection day, and shall bc removed to their proper storage location as soon as possible after collection, but no later than 8 p.m. All Multifß-mil\l.~n.~LÇQ.!)ll}lc!sjal Customer Garbage shall be pl.aecd in a ServiLe; Proyider- or approved custorner::QIQYided Garbage Call, Micro-can, Mini-can, Cart, Detachablc ConlirillçL.oxj)l'l)P.:QQ\CQ!'I1ilÜler. Plastic bags may be used as Ex.tr1LUniIs for overflow volumes of Garbage,.hut not as a customer's primary container. Extra Units .;yill be subject to al}_.il~l(liti()flalser\iç~_cb~rgç----,![ fec. All containers shaILl.)Ul~fkç_c!....s.Q that the contents of the COI1.lalfler."i!L<1UlllP out rapidlv when the container is ime11ed. Col'!1~i_!I.c[,,--_ýlf!1l.n.oL weigh 111\1\'C thall th(~.yv_ejgll1.Jimil~..';Ç.L'-òl1h.ill. thçir .l'c.spec\i\,c ORD# , PAGE 18 definitions in FWCc. section ]2-1. All containers shall be located in conformance with the~t:Çilllirell1ents set forth in FWCc. chapter lliZoning). AltY-5illnèal'd ;arbage can when filled sltall not wei;h mere-than 65 pounds and shall be so packed that the eontents shall dump out readily wilen the eaR is inverted. ¡\II garbage ean5-1lfKl-gar9age-units-s~eetI-ffi-€0n\'enicnt, accessible 10catiOflS-lt36fl the ground Ie'lel or ground floor ami as near as practicable to the appro)¡imate rear of the ooildi~1e alley, street or road at ,....hich collection trucks are to be loaded; all walks, paths and dri';e',yays to t.fie place of loadint; shall have an overhead clearance of net less than ei.ght feet. (Ord. No. 91-124, § 4(C), 12-17-91; Ord. No. 93-167, § 4(C), 3- 16-93) Section 11. Section 12-25 ofthe Federal Way City Code is hereby repealed. 1225 Toters. 1\ny mobile teter, when filled, shall Rot weigh mere than 200 pmmds and shall be so packed that the conteRts tRereof will dHrnp-out readily. All recycling and/or garbage containers shall be placed at curbside or alley befOre 7:00 a.m. and reJHoyed limn the omb or alley as soon as pBssible after coliectiBn, but no later tRan 7:00 p.m. (Ord. No. 91 l21,§1(D),121791;Ord.No.93167,~1(D),(G).3Ié93) Section 12. Section 12-26 of the Federal Way City Code is hereby amended to read as follows: 12-26 Prevention ofcontamination.-BSiHtf.c-ootttÏtlers restricted Cover-&-. It shall be unlawfut~as authorized by the occupant, the fi-aaehisee or the oily,--to deposit Qgarbage Hr--othff-FniJ\BRal--in any garbage--l:,QI1t1.Ì!2IT.. -€at!, garbage unit-. f!.ffitehable container or mobile loter, designated reoy&le-for Source-separated materials. ORD# PAGE 19 OOflffiffieFRecvclablcs and/or Yard Dcbris, or to remove the covers there from unless such rCI~~¡I) is ne<è~'iliIŒ for deposit or removal 9f Source-scparal9LDliiLçrial!h-~!&yclables and/or Yard Debris. -St1€Ir-€evers shall be secureiy---¡}Ia€etJ--on--€a£~~øteF-, container or nnit at all times, CJ¡CC3l '.vhen it is Rccessary-\fHeffiove same for ae3osit or at times ofeolleet+efl---.(Ord. No. 91-124, § 4(1),12-17-91; Ord. No. 93-167, § 4(K), 3-16- 93) Section 13. Section 12-27 of the Federal Way City Code is hereby amended to read as follows: 12-27 Residential Maintenance of containers. (a) Residential1H1its shall Hse a container authorizea and l13j3roved by the eity and tfie-frat1€hi5ee,-A1l garbage and recyclable roceptacles--,e*€€j3t standard garbage cans, shall be pro\'ided by the franchisee and Service Provider.proyided containers for the collection of Solid Waste shall remain the property of the fFaHclTiree--Seryice Proyider, unless othelwise provided for under the service agreement. and areshall be provided and a&SigA€à-to resideBces for the health, safety, conyenienee, and general welfare of the occupantscllstomer. The containers shall not be damaged, destroyed or removed from the premises by any fperson. (b) ~ larkings aBd identification senÏ0es on the containers, except as placed or speei4<£.'illÿ-tJormitted by the franchisee, are ex~-rroffiÐiteå-anà-sfla.ll..-be-f-eganled as damage to the coBtüiners and an lmhp,yful injnr:; to property. (Ord. No. 91-124, § 4(H), 12-17-91; Ord. No. 93-167, § 4(J), 3-16-93) Section 14. Section 12-28 of the Federal Way City Code is hereby amended to read as follows: ORD# ,PAGE20 12-28 Placement of containers in bBusiness areas. Any f7erson accumulating Solid Waste or Source-separated mateyialgaffiage in the åovmtov/R or suburban business areas whose location requires the placing of eaRS-. ,my type of containers or E.,xlra llunits on a sidewalk or alley for collection shall not place same on sidewalk or alley until the close of eaclt-the business the day prior to collection, and shall remove eaR5-such container from ~sidewalk or alley immediately after tfle opening for business each merning or collection whichever if collection is later. (Ord. No. 91-124, § 4(£),12-17-91; Ord. No. 93-167, § 4(H), 3-16-93) Section 15. Section 12-29 of the Federal Way City Code is hereby amended to read as follows: 12-29 Prohibited wastes. No hot ashes or other hot materials, dirt, sand, rocks, gasoline, solvents, oil, liquid paint or dangerous or J:!fiazardous JY:wastes shall be placed in any Qgarbage eß.ftcontainer of any kind, barbage unit, detacfiable eontainer, mobile toter, for collection or removal. All kitchen, table. animal. vegetable and cooking waste or oftàl. before being deposited in Qgarbage eaÐScontainers of any kind, garbage Hnits, detached Clmtainers or me bile teteFs, shall be drained and wrapped in paper or other material in such a manner as to preyent, as nearly as possible, the moisture from such Qgarbage from coming into contàct with the sides or the bottoms of the containers. Dishwa!er or other liquid or scmi-liQuid kitchen wastes that are properly disposable down the sanitarv drains shall not be gçposLLc¡) iU.iìarl.2'lliUQll!ainers. (Ord. No. 91-124, § 4(F), 12-17-91; Ord. No. 93-167, § 4(1),3- 16-93) Section 16. Section 12-30 of the Federal Way City Code is hereby amended to read as follows: ORD# . PAGE 21 12-30 Number of ~arba~e containers - Discards or replacement of i<arbage container. When use ofQgarbage cans-containers is allowed or required, sufficient Qgarbage eætS-Contairu<r capacity must be provided for the collection of all Qgarbage as defined by this chapter. Worn out and improper &aflS-containers shall be discarded or replaced. (Ord. No. 91-124, § 4(G), 12-17-91; Ord. No. 93-167, § 4(G.l), 3-16-93) Section 17. Section 12-31 of the Federal Way City Code is hereby amended to read as follows: 12-31 Yard wuslesdebris containerization. Deposit of yyard waste-Debris in containers for Ggarbage rece13tacles or recycling Recyclables reeepta&l€s-for collection by the franchisee Seryice Proyider shall be unlawfuL No Qgarbage or .ßFeeyclable~ materials that are mixed with yyard waste Debris will be collected. Only Yard Debris from Persons participating in the City's Yard Debris collection program that is separated and contained in Yard Debris Carts or such other method approyed by the City's current Service Proyider will be collected. ¥iffi1 waste will only be collected if the yard waste is separate arid contained in a¡J13fOved containem ami the resident is 13articipating in the city's yard waste collection program. Yard Debris Carts are provided for Residential and Commercial recycling ofYanl Debris :l!lç\~ill'~QLG\!fÞBg~_lLelQ),JtJQr:-"ol1eçtion by the City-contracted Scl'Yjce I'XQyÜLe.r,Ï-ard Debris will not be accepted lor pickup by a Citv-contracted Service Provider if placed in J2li!HÚ::_hW1!Lç:llrbsi_tl,~.t\Pill:Q'>'Ç.<içQntainers for Yard Debr; s coL[ç:cJi.QTljl)çllJgL.1~ard !2~.l)r:is...ç'i)!'te~_.l2ctaçll@J!' C'2millners, plastic or ~alvanized garba~e eOnl¡~nerS fJL) larger lhall.1~.: gaLlI) 11.? }.l.L ei{c,.. a1~LI.le a\},-",çigl!1J5ra Ii l)j!I2-qhi)g~.rllS1Q!.1}.C-":Q\vn cli .çglI<\.iTlg~ sllallI1e_"lbcl~d..\;.¡tl1_i),!¡I):a_blc_.sJie_Is.<;I~Jhat clearly identifies tbL~Ql\",til1Cl::.i.~"rlKm~..ll1i ORD# , PAGE 22 Yard Debris. Containers shall be placed at Curbside on a PubJie Street or Private Road mior to 7 a.m. on the sehç..Q...uled e()ll~ction day, and_shall be removed ~!!QiLl1roper storage location as soon as possible after collection, but no later than 8 p.m. (Ord. No. 91- 124, § 4(1),12-17-91; Ord. No. 93-167, § 4(L), 3-16-93) Section 18. Section 12-32 of the Federal Way City Code is hereby repealed. 12 32 8cheliHIe of collection. ea) :\11 ;;affiage-,--"'j't7laW&--ftfld yard wastes shall be collected .....ithffi--IOO boundaries of the city as follo\\'s: (1) RcgHlar--wJ***ien-for bHsine3s firm5-1l!ltkemmercial enterpFises-shüJ.I be as often as reqHested by the cHstomer seven days per week, between the hours of7:00 a.m. and 8:00 p.m., unless the city authorizes an extension of SHch time, or HBless other cellection times are mJthorizeli ImrSHaHt to the tenns and renditions specifieli in the soltd-waste franchise agreement. (2) RegHlar collections of garbage shall be made once a 'Neek and regular collectieB of recyc1ables shall be malie eYer)' two '-'leeks trem residencol;. ,'.1I recyclable material sRall be collected every two 'yeeks eFl the same day as selid waste eollec~'-gular collection of yar-d waste from residcflces except those located in moBile Rome ceHrts shall be ."..eekly dHriFlg the months of ,^,fJril throHgh Ne¥ember, montl1J.y-fiuring the ITIonths of December and--JaffitaFY, and eyer)' two weeks dming the months of February and March. During periods ef weekly or seffit-ffiOtill\J.y-yard-pwIHt'Þ-,eollection shall be miHÌe-fflT-tfle-æHHHlaY-IHJf-WeeIHiS regular garba,;e coliectioA. ,',11 residenti:'.1 collections shall Be scf!Gd,lIed æ-Ite c~¡'J.ooted-heIW€,m-the-hHItf&-Bf 7:00 a.n~d---5~)-t}-,Itb--,MHnt¡'ay-thftH~h.~ridi!Y, (b) For sfJecial. Ji.s¡Jflleh- requests made by resident~; -er-husil1es~:es at-tiffies--otflef ORD# . PAGE 23 thfHHhtHÍffles-aOOleF-àays-listOO-tn-~J*lfagffif)I>'r.-tJ.¡e.-fr a n c hi see i s-imtheflæè te--~~disratcH fur the coliectilJR of this material, if bet\veen 7:00 a.l11. [HId &{)(f-p-'+H,.-el~tf.an emergency ()Hf-aWf~he-dtr_!ef-. (tt'fhc ]Ì'lmcHisee may chan;;e the cellection day by giying notice to the direetor a HtÍf;iflHlnHlf~aY5-tn--ad¥aooe-afld-the-affeet~5temefs-at-Jeas t se v OR ca I entlar-4tys prior to tho offecti',-e date of sHch change. The form ofthc notice to the cHstomers shall be SHlljoct-to-approval by the city. (d) When a legal holiday faits dminE; the week and the fi'anchisee does not wort~ en-5Heh-holiday, Saturday collections-will-be-permitted. (Ord. No. 91 124, § 10,1217 91; Ord. No. 93 167, § 10,3 16 93; Ord. No. 95 236, ~ 1(13), 7 5 95) Section 19.5ection 12-33 of the Federal Way City Code is hereby amended to read as follows: 12-33 Receptacles for recyclable wasiesRecyclables containerization - Location of recycling containers. DesignatedRecyclables may be accumulated in Recycling Bins. Recycling Carts or Recycling Containers. or such other collection container approved bv the City's current Service Provider. Service Providcr.prQ-".i~lcd containers for Recyclables. includi!:!g recycle receptaclesRecycling Bins, Recvcling Carts and Recycling Containers. shall be placed at ~eurbside, atIey--s~r at su_,.h.-other 10cations-as-èeteanffied-Ðy-tfle-dÍf<:J;.'-Ief-er the francHisee with the conCHrrcnce of the director agreed to by the Service Provider I2J,![~Ua1liJSUL?_ervice agr~!nel1L\vitttlh£_Çity. ~::gl!![¡jners shall be placed at Cl!rh5i~1e OD a Public Street or Private Road prior to 7 a.m.O!] the scheduled collection day, !:ll11_~hall Þs remQy."t!_!JLthQÌl'J2[Q12çL~Qragç!2,[lt¡l)!) _as.. ?QO}L,,~j?gssib Ie afl£L£o[lccl'0n'mbu.t .119 later than 8 p.m. Bael,yard ceJ.!eettmHl:fèeyeffib1€5--shalt not be required oi'thê-€E>].JedtuH ORD# . PAGE 24 eempaHY-{)r franchisee e1<cept HHåef-Speeial-ci-rettfHstances determir:ed by the director, including disabled or elderly f3a11icipa\Jt~;. (Ord. No. 91-124, § 7(C), 12-17-91; Ord. No. 93-167, § 7(C), 3-16-93) Section 20. Section 12-34 of the Federal Way City Code is hereby repealed. ~W-eight of rocycli"g-f~faeJ.e, Any recycling receptacle \':hcn filled shall not weibft more than Ð5 poHl'lds in weight. (Ord. No. 93 lÐ7, § 'I (E), 3 1..Ð--9-3-) Section 21. Section 12-35 of the Federal Way City Code is hereby repealed. 1235 'Neight of extra unit. .^tIlY extra unit when fi+led-shall-HoHJ;ceed Ð5 pounds. (Ord. No. 93 167, § 4(F), ~ Section 22. The Federal Way City Code is hereby amended to add a section numbered 12-36, which section reads as follows: 12-36 Public nuisance. Eyerv Person shall have the duty to enSlu'e that Solid Waste or Source-separated material does not accumulate on or around his or her property in a manner that causes such Solid Waste or Source-separated material to become a public nuisance both as to the amount of such Solid Wastc or Source.scparated material. or the odor emailatinglTom §uch Solid Waste or Source-separated n};!terial. Each container used for the accumulation of Solid Waste or Source-separated material shall be kept clean inside and out. and the are,! around thc containers shall be _k'!'12..t..ilUl..J:~1Lalld s..i!!1ilary condition. The Scrvice Provider shall provide written notilicatioll to the Administrator and the customer s;onceming ar!Y"'yiolations_()f..l..I}i..:;_-PI9_yjS¡-"!1~Ô!ly_\,jgJ_~tjgl}-_9_Lthis provision by a P"'5_9_1} ORD# , PAGE 25 shall subject thc Pcrson to pcnalties described in FWCC, section 12.21. Section 23. That the Federal Way City Code is hereby amended to add a section numbered 12-37, which section reads as follows: 12-37 -Qj~~J?Js_<Lserxi.£Ë, CaITVout service shall be offered to Residential customers lacking the abilitv to pkce c<ontainers at tile Curb, at no additional charge by tI~ervice I)IQ.YiQill~[he City's Scrvice Providers shall LIse qualification criteria that is fair and meets the needs of the City's disabled residents. Section 24. The Federal Way City Code is hereby amended to add a section numbered 12-38, which section reads as follows: 12-38 Hazardous waste. Hazardous Wastes shan not be disposed of through the City's Solid Waste conection system. Such wastes shaH be delivered by the Person generating such waste to an appropriate and authorized handler of such wastes for proper disposal. Any Person found to have violated this provision shall be subject to both civil penalties and/or criminal prosecution under any and all federal, state or local laws that may apply or may be adopted in the future. Section 25. The Federal Way City Code is hereby amended to add a section numbered 12-38, which section reads as follows: 12-39 Suspending collection ¡rom problcm customers i~Ey_,Çustomer that causes disruptjQ!lL9U:,mfliSI2Jh¡¡Lmake continued service to that customer unreasonable or unsafe mav be <JclIied service or have his or her service <:li~C_9Jll inIl"lLPisJ:!!.p!LQ11LQLŸ.Ql1 fl i-,,-t;;'_JDay.illc_lull.ç,..\)LIL.I_)~~L.\J,,-JÍlu.i_!fiUQ,__Lens;_'l~çsj danl~g"Jg_~elvice Provider-owned contaillçxs,_,ercat.l'sl slIsj)ecl claims of timely set-out ORD# ,PAGE 26 followed by demands for return collection at no charge. repcated claims of Service Provider damage to a customer's property. repeated 1)9n-¡Ja\~nenl 9Lother such problems. Section 26. Section 12-51 of the Federal Way City Code is hereby amended to read as follows: 12-51 &temption Rlr occasional residential-Self-hauling. This article does not apply to tfle oceasioRal Self-hauling by resi(~etltial custo,,;ers of refil5e-Solid Waste or Source-separated material or rec)'clab~ to an Administrator approved site is allowed. (Ord. No. 91-124, § 3(C), 12-17-91; Ord. No. 93- 167, § 3(C), 3-16-93) Section 27. Section 12-52 of the Federal Way City Code is hereby amended to read as follows: 12-52 Authorized haulersservice providers. The collection of. disposal of and billing for Garbage generated within the corporate limits of the City shall be acconlPlished by Service Providers under writtcn service agreement or franchise eatereà into with tlte City as ffilthorized therein anti my'suapt to ordinances of the City. Only such Service ProvÜiers that have eatered iato a cUlTcnt service agreement or franchise with the City are authorized to collect Garbage fron) within the incorporated City limits and to haul Garb!!Rc through the streets of the Citv: however. Ancillarv Disposal Providers shall be allowed to collecl. haul and dispose 9 LÇì;¡rh1!gç_Jh at is generated during the course of their rcgular l)usiness activities. Garbage collection shall be made by garbage and reillse collection cofH[H!fties as at I thori/ed-hy-+he--W¡;+G-¡m;--StHlfIHe-GhalteF-8+-_+7-R CW -H t1t!--HndcFfmn cffise--wi+h--the ORD# , PAGE 27 eity--fur~%u~~ie&. (Ord. No. 91-124, § 3(A), 12-17-91; Ord. No. 93-167, § 3(A), 3- 16-93) Section 28. Section l2~53 of the Federal Way City Code is hereby amended to read as follows: l2~53 Business registration required. The franchisee operating pHfsuant to and in compliance with t~1is chapter shall be is5ueè-ll¡¡e~Iieati<m-aAll Service Providers must have a current Federal Way business registration, and shall be liable for collecting and remitting all applicable taxes as required by law. (Ord. No. 91-124, § 3,12-17-91; Ord. No. 93-167, § 3(£), 3-16-93) Section 29. Section 12-54 of the Federal Way City Code is hereby repealed. 12 5 '1 Permit required. 4-£Jtal.l-be..-Hl1lawfu.l-..fur any perseR, other than these duly ffilt1~"fI by the city, to Balli garba;;e through the streets ef the city te dump garbage. COrd. No. ')1 121, § 3(B), £-+791; On1. ~J--l-é'7,§-..1fB), 3 lá 93) Section 30. Section 12-55 of the Federal Way City Code is hereby amended to read as follows: 12-55 Duties required. To proyide for the public health, safety and general welfare, Service Providcrs or other collection companies operating within the city, to the extent permitted by law, at no additional cost to the city or its residents, shall~ tB -Gçomply with all provisions of the €,Çity Code and any amendments thereof, applicable federal, state and county laws and regulations, and City contracts or tì-anchise agreements pertaining to the collection, handling, ORD# , PAGE 28 transportation and disposal of garbage. The e!;:ity shall be entitled, during regular business hours, to inspect the books and records of the collection companies operating within the e,Çity. (2) Piek up IJRt1eeked, undecorated natural Christmas trees cach December and-J-arUiafY from all resideffiiiH--eustBmeFs-who recei'..e Yllf'd waste SUÐserit*ien service OR a date or dates abreed to by the franchisee and the city. (3) Provide--fur.-st-_¡',1Hffitat--resKleHttal-e1eanup in the spring and--fan--of each year to allow for eleanup of gurba;;e in public rights of '.yay aml!er on public lands. The ¡¡ireetor shall promulgate administrative niles, fur the implemeffiatien of this sübseetion, follov..inb consultation with the franchisee. (Ord. No. 91 121, ~ 3(D),121791;Ord.No.93 167,§3(D),3 1693) Section 31. Section 12-56 of the Federal Way City Code is hereby amended to read as follows: 12-56 Agreement with companies, fr-aRchiseesservice provider. Collection eompanies and the authorized franchiseesService Proyiders operating in compliance with this chapter are permitted to enter into under an service agreement with the !;:eity Bfl4-are pennitted to enter priyate property to collect selià-wasteQarbage, yyard waste---Debris and þecyc1able;, materials from pat1ieipar1ts customers under a program administered and agreed to by the !;:eity or as may be further prescribed in regulations promulgated by the ~Administrator. Sübjeet to terms and conditions of afl-;'~HFafl€l1.ise-and--regtiJiI!ÏeH5,StIC-h-oompanies are solely rcspon&i1tJ.e.-før-HII€Ð5t5-of removal, marketing and disposal of solid waste. yard ',vaste and rec;€ftt&l€--~ pla€c,!out--fHF--n"¡-Iee1ton-hÿ-prøgram-paftitcipant5-.(Ord. No. 91-124, § 7(A), 12-17-9!; Ord. No. 93-167, § 7(A), 3-16-93) ORD# ,PAGE 29 Section 32. Section 12-57 of the Federal Way City Code is hereby repealed. ~tion ofregulatiffilS-. (.atThe director is authorized to prepare any implementing regülations necessary for the development and implementation of a voluntary garbage collection program with recycling Hites built in WI' participation by residential and comrnereial generatOfS-Bf waote materials. SHch program shall not proHibit the customary Ðol1ec.tion and sale of F eey cia W e--üHd-re H m¡ h k- ill a j e R a!!r "by" " pet' 5 ø J1&-{) r - -¡ffi Wi æ - r ~ leF5 -ør-affec +- t h e--RgIH 5- 0- f waste generators to continue to accumulate, buy, sell or give recyclable materials to pefW~han-ihe-tÌ'aR€hisee;-t'HwiGeddhat-tRe- franchisee has tI~wJitsive-FighHø colleet ÐHrbside recyclables, and yard waste in mobile toters or yard waste bundles, prevideè,-fHflfler, that this cx~si"",~right-shall-t10!-apply to commercial ÐustomefS-. (b) The director shall pro':ide for !'IHbJic service aHHoHHcements, cooperation 'sith the media, coordffiatioo-wiili--the-€O¡'¡~illpany and authorized franohisee;-aHG infcmllation in cit:., ¡mblications to the !,JHblic notifying the püblic of recyolin:; program elements and collectiøn-ttmes,-&J.1-tn-aec~rtiaH€e-with the franchise betweeH-the-vol1eetifH'l and recycling company and the city. (Ord. No. 91 121, § 7(B), 12 1791; Ord. ~¡o. 93 167, § 7(B), 3 1693) Section 33. Section 12-71 of the Federal Way City Code is hereby amended to read as follows: ORD# , PAGE 30 12- 71 Rates for services. Lh,£_billing rates ang service tèes to be cbaIRed Residential (both Single Familv Residential and Multifamily Residential) customers for Garbage. Recyclables and Yard Q£.IJri5.o..llmLrommercial Customers for Garbage¡l11d Yard Debris collection and disposal services shall be set by the current service agreement between the Service Provider am! IbS'J'i!:c Such billing rates and service fees shall be published as required by Washington State law. and made ayailable to the public upon reasonable request and as required bv Washington State law. Changes to sueh billing fates and seryiee fees may be made as authorized in the current service agreement hetween the Service Provider and the City so long as proper public notice is given and the new billing rates and seryiee fees are )ublished as required by Washington State law. and made ayailable to the public u)on reasonable request and as required by Washington State law. The current billing rates ffif and services tèes rendered ooèer tJti5.-e.!ta¡Hef--shall be on file with the Qeity clerk. COrd. No. 91-124, § 12, 12-17-91; Ord. No. 92-125, § 2,1-21-92; Ord. No. 93-167, § 12,3-16- 93) Section 34. Section 12-72 of the Federal Way City Code is hereby amended to read as follows: 12- 72 Collection by franchisceBiliing and cash receipting by service provider. Any Seryice Providcr that has ent£ITd into a seryice agreement with the City for the collection and disposal of Garbage. }{ceyclables and/or Yard Debris is hereby '!.t<!hQ.!:i~.Q, to carry out the billing anQ._ça~}¡ re,:!.'j,pJing fllnctions related Jo the ee>.l!ÇflLQ.ll and disposal services provided for in ,lhe:, service agreement at the rates and fees QÇ~ig..rE!!fA therein [or Residenti,;l .lboll1._S IllgleEmllilY---E.sêsid~I]li(!,Land_M.llJliJ~lI]liJ}:' Residential) Garbage. RecyelableSl1Ll~LY:!I:,! Debris. and Commcrcial Customer Ga.r:h'lli£ ORD# ,PAGE31 and Yard Debris, and such othcr services as required and/or provided for lInder the service agreement. Jiitle5S--£thenvise specified in any fnmchise hetween the ei:y aAd the etty=.s--€Blle€tien---ffimelHsæ,-lfle--fre¡¡eflíse e shall eo II ee 1-€iHIFg€5-«}H;,.>f¥i€~-rendereå lindeI' this charier from the person K1r whom celleetioR-Sefvices are fHmished and/or ewner-of-tl1e-¡3reperty--feJ'-whidr-tfle--eeHætioo service is--reRtlered-.(Ord. No. 91-124, § 11,12-17-91; Ord. No. 92-125, § I, 1-21-92; Ord. No. 93-167, § 11,3-16-93) Section 35. Section 12-73 of the Federal Way City Code is hereby repealed. 12 73 Frequency of billing. Btlling-!ff-F~m.ed-and-i'¡¡¡.posed by this article-¡;hall-ee--maè€--møfltbly-& quarterly' and may include charges for such other ser\'ieos rendered by the fnmehisee. (Gr4--No.91 121, ~ II, 12 17 9-1-¡-Grd. No. n 125, § 1,.+-2-1-9rl;-Grd-.No. 93167, § 11, ~ Section 36. Section 12-74 of the Federal Way City Code is hereby amended to read as follows: 12- 74 Responsibility for delinqueBeiesCollection of debt. All debt collection under this article must be handled by the francHisee Service Provider and the franeHisee Service Proyider is responsible for all delinquencies. Any such delinquencies shall not alleviate the franehisee Service Provider from any obligations to the eityQ!y. (Ord. No. 91-124, § II, 12-17-91; Ord. No. 92-125, § I, 1-21- 92; Ord. No. 93-167, § 11,3-16-93) Section 37. Section 12-75 of the Federal Way City Code is hereby repealed. 1-2- -7S-Fre11€.J1isee-re1ainage, The li'anchisee shall retain the amoonb-autHerÌTt'<ò!-Hs--friffi€-I+isco retainage li'on: ORD# , PAGE 32 ft'VeHue(.'oHeetefl~~tÀ€-Wst-ofse'f\'ice.1:Gr4-No-.9+-121, § I 1,12-1+ !J.¥-,{-mL-No. <J2 PS, ~ 1, 121 ')2;Ord. ~Jo. ')3 167, ~ 11,31693) Section 38. Section 12-76 of the Federal Way City Code is hereby repealed, 12 76 Payment:; to oity. THe-fffi*hi~;ee shall !11ak€faÿR~t-y-wi+h¡f\-;;{}-4ays aner the ~ customcr aceo;mts. The payment shall be ß(Hal to the monthl~' rate less the franchisee f€1a¡nage---aIOOUfl~¡O. 91 124, ~ 11,1217 91; Gr4--i"+~~rà-. No.93167,~11,3l693) Section 39. Section 12-77 of the Federal Way City Code is hereby repealed: 12-77 Lien and enforcement. Failure to pay any charge fur solid waste collection and disposal, recyclable mffieftals-c&!JeekBH--iH1d disposal or yard waste collectien-~sal shall Become a lien against the property fur wmch the collection service is rendered. (Ord. No. 91 121, § 13, 12 1791; ard. No. 93 167, § 13,3 1693) Section 40. Seyerability. The provisions of this ordinance are declared separate and severable. The im'alidity of any clause, sentence, paragraph, subdiyision, section, or portion of this ordinance or the inyalidity of the application thereof to any person or circumstance, shall not affect the yalidity of the remainder of the ordinance, or the yalidity of its application to other persons or circumstances. Section 41. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 42. Effective Date. This ordinance shall take effect and be in force fiye days from the time of its final passage, as provided by law. ORD# ,PAGE 33 PASSED by the City Council of the City of Federal Way this - day of 2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CiTY CLERK: PASSED BY THE CiTY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No.: ORD# , PAGE 34 MEETING DATE: :ral1lAt1~ 2; 'Zòô2.. ITEM# :J,!//:(qJ' ...._._..~-----_.....__..........._....._-~-~-_..__..._...._--_.... ..._------~-~.._--_.._~-_...._----------_...._.._----_... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Extension of City Solid Waste Utility into Annexed Areas "'---------"'-"'---~~-------"'-"-~"--- CATEGORY: ~ CONSENT D RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: [g ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ----------_.__..._--_..~--_.._....._..._..._--_._..- ATTACHMENTS: Memo and introduction ordinance to Finance, Economic Deyelopment and Regional Affairs Committee dated Noyember 28,2001. --~"----"'---'--""""---'-"'---"------""--'-'--"-----,----------..-..- ......_..__.._-_..~----_._. SUMMARYIBACKGROUND: The City Council, at its August 7, 2001 meeting, directed staff to deyelop documentation necessary for orderly extension of City Solid Waste regulatory authority to annexed areas. This documentation reflects RCW 35A.14.900, which establishes a process for extension of this authority. The two main components include issuing a fi-anchise to the incumbent solid waste hauler(s) and providing specific notice of City intent begin regulating these areas. There are seyeral benefits to begin regulation in newly annexed areas: creating consistent rates for all customers located within the City, ensuring consistent application of the City utility tax, enhancing the City's ability to ensure that quality service is provided to all customers, and reducing the potential for conflicts resulting when more than one hauler services an area. To complete the City's annexation history with respect to solid waste authority, the City proyided notice to both Rabanco and Federal Way Disposal under a prior yersion ofthe RCWs for the City's only other annexation (Weyerhaeuser Corporate, 1994). The notice period has since expired, and this annexation was duly incorporated into the Solid Waste Utility and included under the new solid waste services contract. No claims to the contrary were submitted by either hauler. The revised RCWs set a seven-year period for the incumbent hauler(s) to continue serving the annexed areas. The intent of the "granted" fi-anchise is for the WUTC to continue to set service standards and rates for these annexed areas during this seven-year period. The other issue created by the revised RCW s is that an incumbent hauler may now claim "measurable damages" at the conclusion of the seven-year notice period as a result of the City's extension of authority to the annexation. There are only two current accounts in the four recent annexations (both of which are already serviced by WM). Staff anticipates little controyersy with extension of City Solid Waste authority to these areas. There is potential for these annexed areas to be developed, and as that happens, economic impacts will become a greater concern to Rabanco. Therefore, it is beneficial for this notification process to begin now. In pursuing a longer-term approach to annexation issues, staff will begin a negotiation process with Rabanco to develop a contract/fi-anchise that expands upon the fi-anchise granted in the attached draft ordinance. The goal will be to establish a nractical process for extension of City authority when future annexations occur in the City's Potential Annexation Area, i to reduce the potential any future claims for "measurable damages". CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance, Economic Deyelopment and Regional Affairs Committee recommends adoption of the ordinance and granting the solid waste hauling contract to Rabanco. "_.".""._--~-_."_."-""_._-""_._-"--"--"----".__."" "---_."_."..""-""~---"._"._"._"-" ,",",,"---""'--"'----"-""""'------ . --,,-------"-".... PROPOSED MOTION: "I moye the proposed ordinance to second reading and approyal at the next regular meeting on JanuaryJt, 2002." --,-------,-----'---"--'----'--'"-"---"~-"----'-"'-----,,----"--~"-~-"---'----------'--'-"--'--'------'"'-'----- CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERREDINO ACTION g MOVED TO SECOND READING {ordinances only) -tr:> OIJo-2--JOz..me~ REVISEO - 05110/2001 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~71 1~/1f))1/)1 DATE: November 28, 2001 TO: FROM: Finance, Economic Deyelopment and Regional Affairs Committee Rob Van Orsow, Solid Waste and Recycling Coordinator ~ Dayid H. M~anager Extension of City Solid Waste Utility into Annexed Areas VIA: SUBJECT: BACKGROUND The City Council, at its August 7, 2001 meeting, directed staff to develop documentation necessary for orderly extension of City Solid Waste regulatory authority to annexed areas. This documentation reflects RCW 35A.14.900, which establishes a process for extension of this authority. The two main components include issuing a fi-anchise to the incumbent solid waste hauler(s) and proyiding specific notice of City intent to begin regulating these areas. The attached draft ordinance grants a fi-anchise that is designed to satisfy both components. DISCUSSION There are several benefits to begin regulation in newly annexed areas: creating consistent rates for all customers located within the City, ensuring consistent application of the City utility tax, enhancing the City's ability to ensure that quality service is proyided to all customers, and reducing the potential for conflicts resulting when more than one hauler services an area. The attached ordinance grants a fi-anchise to apply specifically to the Rabanco Companies (Rabanco), one of two haulers regulated by the State Utilities and Transportation Commission (WUTC) permitted to operate in the four City annexations that occurred after 1997 (please see attached map). Note that the other hauler is Waste Management, Inc. (WM), owner of the former Federal Way DisposaL WM has already complied with the terms set forth in RCW 35A.14.900 through acceptance ofproyisions in the City's new solid waste and recycling service contract, and no additional notice is required for WM regarding these existing annexations. To complete the City's annexation history with respect to solid waste authority, the City provided notice to both Rabanco and Federal Way Disposal under a prior version of the RCWs for the City's only other annexation (Weyerhaeuser Corporate, 1994). The notice period has since expired, and this annexation was duly incorporated into the Solid Waste Utility and included under the new solid waste services contract. No claims to the contrary were submitted by either hauler. The reyised RCWs set a seyen-year period for the incumbent hauler(s) to continue serving the annexed areas. The intent of the "granted" fi-anchise is for the WUTC to continue to set service standards and rates for these annexed areas during this seven-year period. The other issue created by the revised RCWs is that an incumbent hauler may now claim "measurable damages" at the conclusion of the seven-year notice period as a result of the City's extension of authority to the annexation. There are only two current accounts in the four recent annexations (both of which are already serviced by WM). Staff anticipates little controyersy with extension of City Solid Waste authority to these areas. There is potential for these annexed areas to be deyeloped, and as that SW&R Authority in Annexed Areas. November 28, 2001 Page2of2 happens, economic impacts will become a greater concern to Rabanco. Therefore, it is beneficial for this notification process to begin now. In pursuing a longer-term approach to annexation issues, staff will begin a negotiation process with Rabanco to develop a contractlti-anchise that expands upon the ti-anchise granted in the attached draft ordinance. The goal will be to establish a practical process for extension of City authority when future annexations occur in the City's Potential Annexation AIea. The negotiation process will also be designed to reduce the potential for any future claims for measurable damages by Rabanco for the areas that have already been annexed (as shown on the attached map). Staff will keep the City Council informed as results are generated ti-om this negotiation process. RECOMMENDATION Staff recommends that the Finance, Economic Development and Regional Affairs Committee (FEDRAC) forward the attached draft ordinance to the December 18, 2001 City Council Meeting Agenda as an introduction ordinance with a recommendation of adoption of the ordinance and granting the ti-anchise to Rabanco. RMV:d1 Attachments: Map of Annexations Since 1997 Draft Franchise Ordinance k:\fedc\200llswr annexation.doc C,1 Puget Sound City ('.: Feder '-II Way Annexations After 1997 - Annexations After 1997 D Current City Service Area D Potential Annexation Area 0 1/2 1 Mile - Map Printad Novambar 2a,- .+. This map is Intended for use as a graphical representation only, Tha City of Federal Way makes no warranty as to Its accuracy or to the placement of setVice area boundaries outside city limits o:/tabitham!pubwka!w.a2.aml ORDINANCE NO. - DRAFT h/í/jð r AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A FRANCHISE TO ALLIED WASTE INDUSTRIES, INC., AKA RABANCO COMPANIES TO OPERATE IN CERTAIN ANNEXED AREAS, IN ACCORDANCE WITH RCW 3SA.I4.900 WHEREAS, the City of Federal Way ("City") operates a solid waste and recycling utility serving the entire City in accordance with its local regulatory authority consistent with resource management priorities established under chapter 70.95 RCW, with the exception ofrecently annexed areas as stipulated by RCW 35A.14.900; and WHEREAS, the City, by Federal Way City Ordinance No. 98-311 annexed to the City as of April 20, 1998 certain property described therein, Federal Way City Ordinance No. 98-332 annexed to the City as of January 9, 1999 certain property described therein, Federal Way City Ordinance No. 98-328 annexed to the City as of January 15, 1999 certain property described therein, and Federal Way City Ordinance No. 99-358 annexed to the City as of January 28, 2000 certain property described therein, ("Annexed AIeas"); and WHEREAS, Allied Waste Industries, Inc., a Delaware corporation operating through its subsidiary, the Rabanco Companies ("Rabanco") has operated a municipal solid waste collection business in the Annexed Areas pursuant to a certificate of necessity and convenience (G-Certificate) issued by the Washington Utilities and Transportation Commission ("WUTC"); ORD# ,PAGEl WHEREAS, RCW 35A.l4.900 states that a permit holder shall be granted by the annexing city a franchise to continue such business within the annexed territory for a term of not less than seyen years; and WHEREAS, the Finance, Economic Deyelopment and Regional Affairs Committee reviewed this issue at its February 28, 2001 meeting, recommending adoption of this ordinance to the City Council; WHEREAS, on ,2001, after all public notice required by law, the full City Council held a public hearing on the proposed ordinance, heard public and City staff testimony, and considered the proposed ordinance; and WHEREAS, the City Council considered and voted to adopt this ordinance at its ,2001 meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. WUTC Regulation Canceled in Annexed AIeas. The City hereby assumes jurisdiction over solid waste collection in the Annexed AIeas. The publication of this ordinance shall constitute the City's notification to the WUTC under RCW 35A.l4.900. Section 2. Franchise Granted. In satisfaction of the City's obligations under applicable law, including without limitation, RCW 35A.l4.900, the City hereby grants to Rabanco, its successors and assigns, a fi-anchise to collect solid waste in the Annexed AIeas subject to the terms and conditions of Rabanco's WUTC G-Certificate Wl2 commencing on January I, 2002. ORD # -.-' PAGE 2 Section 3. Service and Charges. Rabanco shall continue to offer and proyide the same collection services at the customer charges proyided for under its tariff for WUTC Certificate #12. Operating standards shall be equivalent to and consistent with those required under WUTC regulation for Rabanco's certificated operations near or adjacent to the City. Section 4. Negotiated Franchise. This franchise may be replaced by a continuation tranchise on terms negotiated between Rabanco and the City. Section 5. Compliance with Law. Rabanco shall comply with all City, County, State and Federal laws and regulations applicable to the services provided under this Franchise. Such compliance shall include, but not be limited to, maintaining a current City business license, collecting and paying utility and other taxes, and otherwise complying with City Code. Section 6. SeverabilitY. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the inyalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effectiye date of this ordinance is hereby ratified and affirmed. Section 8. Effectiye Date/Notification. This ordinance shall take effect and be in full force on January 1, 2002, and shall terminate upon sixty days written notice provided by the City, but no sooner than December 31, 2008, unless cancelled by ORD # - -----' PAGE 3 agreement or operation of law prior thereto. The City Clerk is hereby directed to publish this ordinance in full and to mail a copy of the Ordinance to the WUTC. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this_day of ,2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CiTY CLERIC PASSED BY THE CITY COUNCIL: PuBLISHED: EFFECTIVE DATE: ORDINANCE No.: ",o""""db,II"'OOI","",;o"of,'yrolldw~I""'o,""~,d"'M.md1",oc',""""""'" do, ORD# , PAGE4 "~-"--"-"-"-_._."."."--"------_."--"-"_."-"-"----"".".-. --"~- " --"--""--_._._~-""--_.".."-"--" ,,- ITEM# 5(;) MEETING DATE: .Jllrlc.U!ry i, 1[c.1'OZ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Portion of Milton Road South Street Vacation Ordinance CATEGORY: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: ¡g ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -.-----.-"--- ATTACHMENTS: Ordinance "-,,._-,,""."-"---"--,,- '"~------------""'-""'--'""- SUMMARYIBACKGROUND: The Public Hearing for the Portion ofMi]ton Road South Street Vacation was held at the August 7, 2001 City Council meeting. No public comments were receiyed, and the City Council approved Resolution #01-344 directing the City Attorney to prepare an Ordinance vacating a portion of Milton Road South upon the satisfaction of the following: A. Utility easements have been granted to all existing utilities within the right-of-way area to be yacated D. A temporary utility construction easement has been granted to Lakehayen Utility District for sewer line bore pit. C. The owner of abutting property has paid the City the appraised fair market yalue of the right-of"way to be yacated. The owner of the abutting property (EPI Realty Holdings) hired an appraiser to appraise the subject property. The appraiser determined a value of $6.5 per square foot. for a total of $325,000.00. The City's appraiser concurred with the appraised yalue submitted by EPI Realty Holdings, and the money has been receiyed. Also the owner haye signed the required utility easement for all existing utilities within the right- of- way to be vacated and the required temporary construction easement for Lakehayen Utility District. The owners of the abutting property haye satisfied the conditions outlined in Resolution #01-344 and paid the City the appraised fair market value of the right-of-way to be vacated. .".".--"---- --_."-"-"--~~--_."."_._~--~,, -""---"-"--"._-----_._-_.~--"----",, An ordinance yacating the property is attached to this memo, and staff will be present at the City Council meeting to answer questions and provide additional information as needed. ". -'""'-"------"---""'~"~'-'"-""---""-""'"' "."""""----""--"---.---.".------."""".,, "."._"". "---" " CITY COUNCIL COMMITTEE RECOMMENDATION: At its June ]8,2001 meeting, the Land UsefTransportation Committee recommended approyal of the Resolution to fix the date and time of the public hearing, to be at the City Council meeting on August 7, 200] at 7:00 p.m. '.oPOSED MOTION: "I moye the proposed ordinance to second reading and approyal at he next meeting on . "nuary 2, 2002. CITY MANAGER APPROVAL: ~\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION (l?" MOVED TO SECOND READING (ordinances only) tU- 0;/02-102- mu~ REVISEO - 05/10/2001 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 1;J;1~ ORDINANCE NO. DRAFT 1¥(~/a) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF MILTON ROAD SOUTH, SOUTH OF ENCHANTED P ARKW A Y AND ON THE EASTERN BOUNDARY OF THE ENCHANTED PARKS PARKING LOT. WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting yacation of a portion of Milton Road South, South of Enchanted Parkway and on the eastern boundary of the Enchanted Parks parking lot, in the City of Federal Way; and WHEREAS, pursuant to Resolution 01-340, the Federal Way City Council held a public hearing at its regular meeting on August 7, 2001, to consider the petition for vacation as required by state law and Federal Way City Code Section 13-102; and WHEREAS, following the conclusion of the public hearing on August 7, 2001, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWCC Section 13-102, and decided to grant the yacation pending satisfaction of the conditions outlined in Resolution 01-344 and payment of compensation by the owners of the abutting property; and WHEREAS, the owners of the abutting property have satisfied the conditions outlined in Resolution 01-344 and paid the City the appraised fair market yalue of the right-of-way to be vacated, in the amount ofThree Hundred Twenty Five Thousand and Noll 00 Dollars ($325,000.00); ORD# ,PAGE I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of the right-of-way of Milton Road South, South of Enchanted Parkway and on the eastern boundary of the Enchanted Parks parking lot, as described in Exhibit "A" (legal description) and as depicted on Exhibit "A-I" (yicinitymap) attached hereto)s hereby vacated. The property lying in the portion ofthe right.of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receiye the property in accordance with state law. Section 2. Recordation. Upon passage, approyal and publication ofthis ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severability. The provisions of this ordinance are declared separate and seyerable. The invalidity of any clause, sentence, paragraph, subdiyision, section, or portion ofthis ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the yalidity of the remainder ofthe ordinance, or the yalidity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effectiye date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as proyided by law. ORD# ,PAGE 2 PASSED by the City Council of the City of Federal Way this ,2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordinlmiltvacat ORD# , PAGE 3 day of EXHIBIT "A" œ!I Enchanted Parks Job. No. 163.10-000-002 February 27, 2001 LEGAL DESCRIPTION FOR LEASE AREA TO BE VACATED That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~ WM, King County, Washington, being more particularty described as follows: COMMENCING at the southwest comer of said Section 28, being a cased monument with a brass disk with punch mark; THENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 fee~ THENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway Engineer's Station (hereinafter referred to as HE.SJ 1825+50 on the L£ line as shown on that Washington State Highway Commission Department of Highways Plan labeled"SR 5 - MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3, as approved April 17, 1969, and being 175 feet easterty as measured at right angles therefrom and a point of cuNature; THENCE along the easterty margin of said SR-5 as depicted on said plans, northeasterty 183.60 feet along the arc of a non-tangent CUNe to the left, having a radius of 11635.00, through a central angle of 00°54'15" to a point on said CUNe and the TRUE POINT OF BEGINNING; THENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of cuNature; THENCE northeasterty 47.15 feet along the arc of a tangent CUNe to the righ~ having a radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency; THENCE N 24°01'30" E, 701.97 fee~ THENCE N 28°35'56" E, 150.48 fee~ THENCE N 24°01'30" E, 21.93 feet to a point of cuNature; THENCE northeasterty 478.16 feet along the arc of a tangent CUNe to the righ~ having a radius of 711.00 fee~ through a central angle of 38°31 '58" to a point of compound cuNature; www."md,"<om "<om. 1253) '" om S..tlt, t2061 '" "" ""m"tO" 13601 '" 3m C"'. ,.,.",.,."." !.,.,; """""'; 720 Soo,h "Blh 51"" F..dwl W.y. WA '"003 T,t ,2S3I 830 6113 F.. 12531 OJO "04 p"",'" "'. -,,"" .."". I..." 'o",oe Enchanted Parks Job. No. 163-10-000-002 February 27, 2001 THENCE easterly 38.52 feet along the arc of a tangent curve to the righ~ having a radius of 25.00 fee~ through a central angle of 88°16'21" to the northwesterly extension of the southwesterly margin of SR-161 as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT. SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958; THENCE along said southwesterly margin S 25°46'20" E, 31.50 feet to the easterly margin of SR-5, as depicted on said plans, said margin also being the easterly margin of that portion of land conveyed to King County by instrument number 8505070897, King County Records; THENCE continuing along said easterly margin S 58°46'00" W, 341.14 feet; THENCE continuing along said easterly margin S 24°01 '30" W, 1046.60 feet to a point of curvature; THENCE continuing along said easterly margin southerly 37822 feet along the arc of a tangent curve to the righ~ having a radius of 11 ,635.00 fee~ through a central angle of 01 °51 '45" to the TRUE POINT OF BEGINNING. Containing 50,046 square feet or 1.15 acres, more or less. See attached Exhibit "B". to \engr\esm-jobs\ 163\ 1 Oldocuments\lease-vacate.doc Written by: RAF. Checked by: M.R.8. }-J.. 7-;; I EXHIBIT A-I TO ACCOMPANY LEGAL DESCRIPTION FOR LEASE AREA TO BE VACATED A PORTION OF THE SW 1/4 OF SECTION 28, TWP. 21 N., RGE. 4 E., W.M.. KING COUNTY, WASHINGTON ~{J"'ï~l ,J°Jt:J "- It'!; '" 1:>:?.. '" ¡~~o';:; f'R;t8i áál!;> ~">8-? JSðf!l / l:':~~:::; ð .fad i:i§:':o.. !:! £"í:t ¡ tfif,f "ul.;h&IlJ' if ~"O' 0, ::-.. if-?ti~,,~ 'f' "'¿$g) , ,!¡~ ~f-?j' .;; "'",¿¡", " ~ "5£""'& -?u~" <rJ ff",~-Æ' !t:r"g~ 8i £"-0, "" '" ,-., " J-"'~-""'>' J¥o!v"'á :::;.OjjfÇJ,,> '" <>- ~i;f" ~{¡'ð!!p OJ t SCAl£: I" =200' / '!ß LEASE AREA TO BE VACATED (50,046 S.F.:t) PORTION OF RIGHT -OF -WAY WITHIN LEASE AREA (83,887 S.F.:t) - TRUE POINT OF BEGINNING 29 2B 32 33 I:\..mjobs\ 163\ lO\plols\..h-loo..-1090I.d-9 .~~I <OUS"I"NG EUGINEERS ILC ---- 720 s.3<.<h SU.., I @II <§t I (?¡I I F...... We,. WA 0.003 wwwosmc;v;l.com =."::' :;!:: ;:¡:~;; ~:::~.:::;:,~, I ~:::'~M'«~' I :.-.~<:-.;.:;",.-.., JOB NO. DRAWING NAME: DATE: DRAWN: SHEET 1 or 1 163-10-000-002 EXH-LEASEVAc.OWG 02-26-01 RAf MEETING DATE: January 2, 2002 ITEM# Y1L(e) ----..---.--- ----------------.--.-----.----- -.---------------.----- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY MANAGER EMPLOYMENT AGREEMENT AMENDMENT ---------.--------------------.------ CATEGORY: BUDGET IMPACT: x CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -----.----"-.---------------.---------------.--------.--.-- ATTACHMENTS: Proposed Second Amendment to City Manager Employment Agreement --.------------------- -.---.--------- - SUMMARYIBACKGROUND: The City Manager's Employment Agreement requires annual performance reviews, while proYiding for the possibility of adjustments to annual compensation, and amendments to the Agreement. The City Council conducted its performance evaluation of the City Manager on December 18,2001, after which it determined to increase the base salary paid to the City Manager by 3.5% for 2002. The attached draft Second Amendment reflects the December 18, 2001, determination of the Council. ----.--.------------.-- -.--.-----.--- CITY COUNCIL COMMITTEE RECOMMENDATION: Not applicable ------.--.-.-------.----..-----------.- -------------------- PROPOSED MOTION: "I moye approyal of the Second Amendment to the City Manager's contract. .~~ ~ ¿rlØ!i! ---". ,,- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISEO - 0511012001 K:\agendalMoseley 2 amend DRAFT /~Þ!t/tJ( SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT This Second AInendment ("AInendment") is dated effective this 1st dayofJanuary, 2002, and is entered into by and between the CITY OF FEDERAL WAY, a Washington municipal corporation ("City"), and DAVID H. MOSELEY, ("City Manager"). A. The City and the City Manager entered into an Employment Agreement dated effective October 1,1999, as amended by First AInendmentdated effective January I, 2001, whereby the City Manager agreed to perform the functions and duties specified in Chapter 35A.13 RCW and to perform such other legally permissible and proper duties and functions as the City Council may assign from time to time ("Agreement"). B. Section 5 of the Agreement proyides for a performance review of the City Manager on an annual basis, and states that the City Manager shall receiye an annual increase equal to the cost-of-liying or cost-of-market increase giyen to the general employees of the City. C. On December 19, 2001, the City Council conducted a performance evaluation ofthe City Manager. D. Section 10 of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. E. The City and the City Manager desire to amend the Agreement, to increase the base salary paid to the City Manager. NOW, THEREFORE, the parties agree to the following terms and conditions: I. Section 5. Performance and Salary Review of the Agreement shall be amended to read as follows: A performance reyiew shall be made by the City Council of the City Manager's performance on an annual basis. In the year 200:f+, the City Manager shall receive an I annual increase equal to the cost-of-living or cost-of-market increase of three and one-half percent (3.5%) giyen to represented employees of the City, and thereafter, the City Manager shall receive an annual increase equal to the cost-of-living or cost- of-market increase given to general employees of the City; proyided, howeyer, that the 1999 Base Salary described in Section 3 herein includes the 1999 two and one- half percent (2.5%) cost-of-market adjustment approved by the City Council for 1999. The City and the City Manager agree that the City Manager's Base Salary may be reviewed for purposes of possible adjustment periodically, as determined by Council. 3. Full Force and Effect. All other terms and conditions of the Agreement not modified by this AInendment shall remain in full force and effect. IN WITNESS WHEREOF, the City Council of the City of Federal Way, by a majority vote on January 2, 2002, has authorized this AInendment to the Agreement to be signed and executed on its behalf, by its Mayor, duly approved by its City Attorney, and attested by its City Clerk. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Bob C. Sterbank, City Attorney CITY MANAGER DAVID H. MOSELEY K:\agreementsIMoseley 2 Amend. 12/26101 2 MEETING DATE: January 2, 2002 ITEM# T1ïT (j'J ------------------- ---------------------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Collective Bargaining Agreement with Public, Professional and Office-Clerical Employees and Drivers, Local Union No. 763 CATEGORY: BUDGET IMPACT: [8] CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ------------------------------------------------------------------------------ ATTACHMENTS: Summary of modifications to collective bargaining agreement, draft Agreement for January 1,2002 through December 31, 2004, --------------------------------------------- ---------------------------------------------------------------------------------- SUMMARYIBACKGROUND: The City's current collectiye bargaining agreement with the Public, Professional and Office-Clerical Employees and Driyers, Local Union No. 763 (a Teamsters union) expired December 3 I, 2001. Its terms are extended by operation of law during negotiation of a new agreement, which was negotiated by the City's bargaining t~am and the Teamsters' bargaining team during the fall of2001. Changes ITom the existing agreement are detailed in the iached summary. A clean version of the new contract, as well as a redline/strikeout yersion, are also attached- The feamsters have already yoted to ratify the new agreement. --------------------------- ---- ---- ---------------------------- ----- -------------------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: N/A. -- ----------------------------------- ---------------------------- --- -------------------------------------------------- PROPOSED MOTION: I move approval of the new collectiye bargaining agreement with the Public, Professional and Office-Clerical Employees and Driyers, Local Union No. 763, and authorize the City Manager to execute the agreement on behalf of the City. ;;;;;::;. ~ ~ -;.:, ~]J¡¡ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED- 05110/2001 SUMMARY OF MODIFICATIONS TO COLLECTIVE BARGAINING AGREEMENT Section 1.6- One shop steward for the bargaining unit to address the union's concerns, i.e. grievances, provided that the steward receiyes prior approval ITom his/her supervisor for any absences. Section 1.7 - Up to one week unpaid leave per year for a union officer to attend union conference/workshop as long as the staffing levels or service is not compromised. Section 4.1.1 - Formalizes the overtime rotation practice: a list is created of all employees in order of seniority, and overtime offered in list order. Section 4.4 - Standby pay is increased twenty-fiye cents per hour to $2.00 per hour. Section 8.2 - Bereavement leave is limited to a number of hours instead of days because some employees work 10-hour days. Section 8.3 - Jury Leave is limited to 60 regularly scheduled hours instead of unlimited. Section 9.1 - The City's portion of dependents' health care premiums is to 90%, which is consistent with the portion paid for non-represented city employees' dependents. Section 9.2 - Dental insurance plan changed ITom A to F, which is consistent with other city employees. Section 10.3 - The City's obligation for safety boots is a fixed sum - $160 per year or $320 eyery two years. Section 13.5 - The City will not require employees to cross a picket line if the employee notifies the City of circumstances that a reasonable person would perceiye as a clear, imminent threat of violence. Section 16.1 - The contract is the maximum statutory duration, three years. Appendix A - Wages. (a) Effective January 1,2002 the City will increase wages 4.81% (1.3% market adjustment + 3.51% (90% of CPl). (b) For 2003 and 2004 the increase in wages is limited to 90% of the CPI. K,ICOUNMEMOITeamste<s122601 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Employees) DRAFT I~~~/d( January 01, -'1-9992002 through December 31, 200-'14 THIS AGREEMENT is by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE I RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 RecoQnition - The City recognizes the Union as the sole and exclusiye collectiye bargaining representative for all full-time and regular part-time maintenance and operations employees within the Public Works and Parks Departments of the City of Federal Way, excluding supervisors and confidential employees. 1.1.1 For the purposes of this Agreement, a "seasonal" or "temporary" employee shall be defined as an individual employed for less than twelve hundred (1200) hours in a twelve (12) consecutive month period. In the event an individual employed as a seasonal/temporary employee is employed for more than twelve hundred (1200) hours in a twelve (12) consecutive month period, the employee shall begin receiving the economic benefits set forth within the Agreement as if they were a regular employee. 1.2 Union MembershiD - It shall be a condition of employment that each current employee covered by this Agreement shall within thirty (30) days of the signature date of this Agreement become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way unless another organization is agreed to by the Union and the City. It shall also be a condition of employment that each employee covered by this Agreement and hired on or after the signature date of this Agreement shall, within thirty (30) days of the beginning of such employment, become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way or other organization agreed to by the Union and the City. 1.2.1 In the event an employee who is not a member of the Union requests the Union to use the grieyance procedure on the employee's behalf, the Union may charge the employee for the reasonable costs of processing the grievance, provided the Union notifies the employee of such costs in advance. 1.3 Pavroll Deduction - Upon written authorization of an employee, the City shall deduct from the pay of such employee the monthly dues and initiation fees as certified by the Union and shall transmit the same to the Secretary-Treasurer of the Union monthly. The City shall deduct from the pay of an employee who elects not to join the Union the fees in-lieu of the Union initiation fee and monthly dues and shall remit the same to the agreed upon AGREEMENT =2002.~ I CITY OF FEOERAL WAY SIGNED PAGE' 1.4 1d.-- 1. 5 1.6 1.7 ARTICLE II 2.1 2.2 2.2.1 charity monthly. The Union shall defend the City and hold the City harmless against any claims brought against the City by an employee arising out of the City making a good- faith effort to comply with this Section. Union Notification - Within seven (7) days from the date of hire of a new employee, the City shall forward to the Union the name, address and telephone number of the new employee. The City shall promptly notify the Union of all employees leaving its employment. Bulletin Boards - The City shall provide suitable space for a bulletin board at the maintenance facility. Postings by the Union on the bulletin board shall be confined to official business of the Union; proYided such notices shall not be derogatory of the Employer, its elected officials or other personnel. Shop Steward - The Union mav appoint an accredited shop steward for the barQaininQ unit. The shop steward shall be a reQular emplovee. The function of the shop steward shall be to meet with the Emplover concemino matters vital to the emplovees in the baroainino unit; provided, however the shop steward's role shall not interfere with the normal functioninQ of the Emplover. Prior permission from the employee's supervisor shall be obtained whenever a shop steward's activities durino reQular work hours are involved, The accredited shop steward shall be the only one to take UP with the Employer anv alleQed yiolation of this AQreement that reaches Step 2 of the Qrievance procedure. The Union shall be the onlv party with the authority to appeal any Qrieyance to Step 3 of the Qrievance procedure. Union Officer Leave - An employee elected or appointed to a Union office mav, upon timely application and approval thereof bY the City. be Qiven leave of absence UP to one (1) week per vear to attend Union conferences or Union workshops. The leave shall be without pav and without loss of senioritv. The Citv reserves the rioht to den v the re~uest dependino upon the season, staffino levels, and/or the adverse impact on the operations. PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES Probation Period - A new employee shall be subject to a twelve (12) month probation period commencing with his most recent first date of hire in a bargaining unit position. During this period, such employee shall be considered as being on trial, subject to immediate dismissal at any time at the sole discretion of the City. Discharge of an employee during his probation period shall not be grieyable. Senioritv - An employee's seniority shall be defined as that period of compensated work for the City from the employee's most recent first day of compensated work within a position now covered by the bargaining unit. Any time of uncompensated leave in excess of thirty-one (31) calendar days shall be deducted from the employee's seniority. An employee's seniority shall be broken so that no prior period of employment shall be counted and his seniority shall cease upon: Discharge for cause as defined in Article XI; Voluntary quit; AGREEMENT """'2002-2004c1 I CITY OF FEDERAL WAY SIGNED PAGE 2 2.2.2 2.3 2.4 2.4.1 2.5 ARTICLE III 3.1 Leaving the bargaining unit to accept a position with the City outside of the bargaining unit; Failure of the employee to notify the City of his willingness to return to work upon recall from an indefinite layoff within ten (10) calendar days after mailing of written notice from the City to his last known address appearing on the City's records; Layoff exceeding twenty-four (24) months; and/or Leaye of absence exceeding six (6) months. Each calendar year, upon the request of the Union, the City shall proyide the Union with a seniority list showing the name of each employee within the bargaining unit, his present classification and his first date of compensated work within the bargaining unit. Layoff - In case of a layoff, employees shall be retained on the basis of job performance. When job performance is relatively equal, the employee with the shortest length of continuous service shall be laid off first. Relative job performance shall be determined on the basis of qualifications, past job performance evaluations and current job evaluations. Qualifications shall be determined by the knowledge, abilities and skills required for the affected position, as stated in the classification descriptions, and the employee's ability to perform the remaining work without further training. Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on layoff shall keep both the City and the Union informed of the address and telephone number where he can be contacted. When the City is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the City are able to contact the employee within seven (7) calendar days from the time the Union is notified, the City's obligation to recall the employee shall cease. The City shall haye no obligation to recall an employee after he has been on continuous layoff for a period of fifteen (15) months. Should an employee not return to work when recalled, the City shall have no further obligation to recall him. Job Vacancies - Opportunities for promotion shall be posted on the work site bulletin board for not less than seyen (7) calendar days, during which time employees who have completed their probation period may apply. Posted job opportunities shall contain an adequate description of the job duties and the rate of pay. It is the intent of the parties to proYide qualified employees with opportun~ies for promotion; provided however, the City shall determine who is the best qualified person for the job. HOURS OF WORK Hours of Work - The normal work schedule for full-time employees shall consist of five (5) consecutive days of eight (8) consecutiye hours, Monday through Friday, excluding the meal period. The normal workday shall be from 7:00 A.M. to 3:30 P.M.. During the period April 1 through October 31, the City may have schedules other than Monday through Friday and other than 7:00 A.M. to 3:30 P.M.. AGREEMENT w002002.2~ I CITY OF FEDERAL WAY SIGNED PAGE 3 3.1.1 3.2 3.3 3.4 3.5 ARTICLE IV Notwithstanding the foregoing, changes in starting times and/or days of the week for each employee may be made by the City based upon seasonal demands for service, reasonable operating needs of the City and natural consequences, including without limitation fires, earthquakes, storms and floods. Flex Time - By mutual agreement between the employee and the City, an employee may be assigned a schedule other than as set forth within Section 3.1. Shift ChanQe - Each employee shall be assigned to a regular shift starting time which shall not normally be changed without at least forty-eight (48) hours notice. In the eyent an employee's regular shift starting time is changed with less than forty-eight (48) hours notice, he shall be paid an additional one dollar and sixty cents ($1.60) per hour for all hours worked outside of his previous work schedule, exclusiye of overtime and only during the remainder of the employee's scheduled work week. Rest Periods - Employees shall receiye a rest period of fifteen (15) minutes on the City's time for each four (4) hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of each four (4) hour work period. No employee shall be required to work more than three (3) hours without a rest period. By mutual agreement between the employee and the City, the rest periods may be taken at a time other than stated aboye. Meal Periods - Employees shall receive a meal period of thirty (30) minutes which shall be on the employee's own time and which shall commence no less than three (3) nor more than five (5) hours from the beginning of the shift. By mutual agreement between the employee and the City, the meal period may be taken at a time other than stated above. Employees who work more than three (3) hours longer than their normal workday may, at the option of the employee, receive an additional unpaid meal period before or during their oyertime. OVERTIME AND SPECIAL PAY ~1.1 4.1.1 4.2 Oyertime - "Overtime" is defined as authorized hours worked in excess of forty (40) hours in an employee's seyen-day work week or eight (8) hours per day, unless an alternate work schedule has been established by the City for a particular work unit or individual. "Hours worked" for purposes of determining oyertime pay shall include holidays, vacation and sick leaye used for scheduled doctor and/or dental appointments, but shall not include other sick leaye or any other time compensated but not worked. The standard "work week" consists of the period from midnight Saturday to 11 :59 P.M. the following Saturday. Overtime Rotation - A list of reQular emolovees in otder of senioritv will be maintained for the Parks crew and a separate list will be maintained for the Public Works crews. When oyertime is available. emplovees will be contacted in order beQinninQ with the most senior until an emplovee is ayailable to work the oyertime. The next time overtime is available, emplovees will be contacted beQinninQ with the next emplovee on the applicable list foliowinQ the emplovee who worked the last overtime opportunitv. This rotation will continue for all required overtime. Compensatorv Time - An employee may request compensatory time off in lieu of overtime payment, subject to approyal and scheduling by the City. Compensatory time AGREEMENT '_2002-20<>11 I CITY OF FEDERAL WAY SIGNEO PAGE 4 shall be taken at the rate of one and one-half (1-112) times the actual time worked. Employees shall be encouraged to use compensatory time accrued within ninety (90) days of earning it, whenever possible. In no event may compensatory time be accrued in excess of eighty (80) hours (i.e. 53.33 hours x 1.5 = 80 hours). 4.3 Callout - An employee who has left work and is called out to work after completion of his regular shift shall be paid a minimum of two (2) hours at one and one-half (1-112) times his regular straight-time hourly rate of pay. Howeyer, if the employee is called out less than two (2) hours from the time he is scheduled to start his regular shift, he shall receive one and one-half (1-1/2) times his regular straight-time hourly rate of pay only for such time as occurs before his regular starting time. All call-out time worked outside of the employee's regular work hours shall be paid at the rate of one and one-half (1-1/2) times the employee's regular straight time rate of pay. In the eyent the City grants a minimum callout greater than two (2) hours to another bargaining unit of City employees or the majority of other City employees, the Union shall haye the right to reopen negotiations on the issue of minimum callout. 4.4 Standbv - Except as otherwise proYided herein, the current City policy regarding Standby Duty shall remain in effect. Employees who are assigned Standby Duty shall receiye ooetwo dollar1! and se"enty five cents (~2.00) per hour for each hour of Standby Duty. Employees on Standby Duty shall not consume alcohol or controlled substances. Whether or not Standby Duty is eliminated, modified or expanded shall remain at the sole discretion of the City. An employee on Standby Duty who is called out shall receiye the applicable Callout rate in addition to Standby Duty pay. 4.5 Temporary Assionment Pav - When an employee is temporarily assigned to assume substantial responsibilities as a substitute for an absent bargaining unit employee in a higher classification, the employee shall receiye five percent (5%) above his regular rate of pay for hours worked in such temporary assignment. No temporary assignment pay shall be paid for a period of time less than five (5) working days. The added compensation shall cease when the assignment ends. 4.5.1 Temporary assignment pay for assignments in which the employee works as a substitute in the absence of an employee working in a non-bargaining unit position shall be administered and compensated pursuant to applicable City policy. Any such assignment in excess of ten (10) consecutive working days shall be by mutual agreement between the employee and the City. 4.5.2 Unless otherwise proYided herein, assignment of employees to temporary assignments in or out of the bargaining unit and the duration of such assignments shall remain at the sole discretion of the City. 4.6 Emeroencv Meal Reimbursement - Emergency crews, with authorization of the City, may eat off the clock at area establishments specified by the Purchasing Manager. Such establishments shall directly bill the City. 4.7 Non-EmeroenCY Trayel - Employees shall be reimbursed for reasonable costs of vehicle operation, meals and lodging for travel and such related expenses away from the City in accordance with City policy. AGREEMENT '-2002.200'1 I CITY OF FEDERAL WAY SIGNED PAGE 5 4.8 ARTICLE V Non-PvramidinQ - Premium or overtime pay shall not be duplicated or pyramided. Unless required by the Fair Labor Standards Act (FLSA), premium or overtime pay shall be based on the employee's regular straight-time rate of pay. Compensation shall not be paid more than once for the same hours under any proYision of this Article or Agreement. Compensation receiyed by any employee for reasons other than work actually performed at the employee's City job assignment, including but not limited to sick leaye, vacation leaye, holiday leave, funeralleaye, compensatory time, ciyil and military leaye shall not be pyramided one with another nor added to compensation for actual work performed during an employee's work schedule. 5.1 WAGES ARTICLE VI The classifications of work and monthly rates of pay for employees coyered by this Agreement shall be set forth within Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City may designate a job classification title and salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent year are negotiated, or six (6) months after the classification is established, whichever is earlier. 6.1 HOLIDAYS 6.1.1 6.1.2 6.2 6.3 Employees shall receiye the following holidays off with compensation at their regular straight-time hourly rate of pay: New Year's Day Martin Luther King, Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day ThanksgiYing Day Day Following ThanksgiYing Day Christmas Day January 1 st 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1 st Monday of September Noyember 11th 4th Thursday of Noyember December 25th The aboye holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be observed on the following Monday. Any holiday falling on Saturday shall be observed on the preceding Friday. Any holidays in addition to those set forth within this Article granted to another bargaining unit of City employees or the majority of other City employees shall be proYided to the bargaining unit. If a holiday occurs while an employee is on vacation or sick leaye, the holiday shall be utilized rather than charged against the employee's accrued vacation or sick leave. In addition to those holidays set forth within Section 6.1, each employee shall receive one (1) personal Floating Holiday which shall be taken during the calendar year at a time agreed by the employee and the supervisor. To be eligible for the Floating Holiday, the employee must haye been on the payroll by October 1 st of the calendar year. AGREEMENT '_2002-200'1 I CITY OF FEDERAL WAY SIGNED PAGE 6 6.4 Employees scheduled to work on a holiday shall receive his/her regular holiday compensation plus time and one-half for actual time worked as long he doesn't take another day off in exchange for that day and hasn't used any sick or other compensated time off (excluding yacation time) during that week, as provided in Section 4.1. If an employee elects to take another day off in exchange for the holiday, the employee shall schedule such time off with the approval of his supervisor and shall be paid his regular straight time rate in lieu of being paid the additional time and one half for hours worked on the holiday. 6.5 In the event the observation of a holiday falls on an employee's regular day off, the employee shall be granted another day off with pay, which date shall be by mutual agreement between the employee and the supervisor. 6.6 All full-time employees shall receiye eight (8) hours of pay per holiday. Those employees whose work schedule consists of other than an eight (8) hour work day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receiye the entire workday off with pay. ARTICLE VII VACATIONS 7.1 Full-time employees shall accrue yacation leaye at the following rate: Initial hire through the fifth (5th) complete year of continuous employment Eight (8) hours per month After fiye (5) full years of continuous employment Ten (10) hours per month After ten (10) full years of continuous employment Twelve (12) hours per month 7.2 Vacation leaye may be used as soon as it is accrued. Vacations shall be scheduled at such times as the City finds most suitable after considering the wishes of the employee and the requirements of the department. 7.3 An employee may accrue up to two hundred forty (240) hours of vacation. 7.4 Upon the effectiye date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight- time hourty rate for any accrued unused yacation leaye time, which shall be paid on the employee's final paycheck. ARTICLE VIII LEAVES 8.1 Sick Leaye - Full-time employees shall accumulate sick leaye pay at the rate of eight (8) hours per month of service to a maximum of seven hundred twenty (720) hours. Accumulated sick leaye pay shall be paid at the employee's regular straight-time hourly rate of pay from and including the employee's first (1 st) working day absent. AGREEMENT =2002.2~ I CITY OF FEDERAL WAY SIGNEO PAGE 7 8.1.1 Sick leaye benefits may be used for bona fide cases of sickness, accidents, doctor and dental appointments of the employee, and to care for a dependent child (including step or foster) under the age of eighteen (18) who has a health condition that requires treatment or supervision. 8.1.2 In the eyent an employee exhausts their accrued sick leaye, the employee has the option to use accrued vacation leave or compensatory time. 8.1.3 Employees injured on the job shall not simultaneously collect sick, vacation or compensatory leave and Worker's Compensation payments greater than the employee's regular pay. If the job related injury or illness requires the employee to be absent from work, the time the employee is unable to work will be charged to sick leaye. At the option of the employee, when and if his sick leaye is exhausted, compensatory time or accrued vacation leave may be used. In any event, the Employer shall pay only up to the maximum of the difference between the payment receiyed under Worker's Compensation by such employee and his regular straight-time rate of compensation that he would have receiyed from the Employer if able to work. Such payment by the Employer shall be limited to the period of time that such employee has accumulated paid leave credits. The foregoing shall be accomplished by the employee "buying back" sick and vacation leaye used with the time loss money from Worker's Compensation by turning the check over to the City. Once the employee has bought back all available sick and yacation leave, the employee shall no longer accrue paid leaye benefits and shall not be required to surrender the time loss payments from Worker's Compensation to the City. 8.2 Bereayement Leaye - An employee who has a member of his immediate family taken by death shall receiye at the employee's option up to three (3) daY524 reGularly scheduled I hours off with pay as bereayement leaye. Upon approval by the Employer an additional seven (7) 8aY556 reGularly scheduled hours of sick leave may be used by the employee. 8.2.1 "Immediate family" shall be defined as wife, husband, daughter, son, mother, father, sister, brother, aunt, uncle, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandmother, grandfather, grandchildren, and equiyalent step relations. 8.2.2 With Employer approval, an employee may use up to eight (8) hours of sick leave to attend the funeral of a close friend or relatiye other than those set forth within Section 8.2.1 8.2.3 Based on unusual circumstances, the Employer may construe more broadly the definition of immediate family to other persons living within the employee's household, or others related to the employee by blood or marriage, or to established relationship having attributes to familial ties. 8.3 JUry Leave - The City acknowledges that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. Employees will be proYided UP to 60 reGularly scheduled hours leaye with pay ~ summons to participate as jurors or subpoenaed witnesses, unless appearing as a witness, plaintiff, or defendant against the City in legal action. Compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receiye more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receiye as wages from the City. The City shall have the right, at the City's expense and after consulting with the employee, to request the court to excuse the employee from any or all AGREEMENT """"2002.200'1 I CITY OF FEDERAL WAY SIGNED PAGE 8 8.3.1 8.4 8.5 8.6 8.7 8.8 ARTICLE IX 9.1 9.2 jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. If an employee has sufficient time to work one-half (1/2) day or more after being dismissed from jury duty or while waiting to be impaneled, he shall report to work that day. Leave of Absence - Leaves of absence shall be at the discretion of the City. If approved by the City, an employee may take a leaye of absence without payor benefits. A leave of thirty one (31) days or less shall not constitute a break in service. No seniority shall accrue during a leave of absence that exceeds thirty-one (31) calendar days; proYided however, seniority shall continue to accrue during Family Medical Leaye under Section 8.7. Upon expiration of a leaye of thirty one (31) days or less, the employee shall be returned to his preYiously held job position. Temporarv Disabilitv Leaye - Employees who are physically unable to perform the functions of their position for medical reasons other than on the job injuries and who haye exhausted all accrued sick leave may, at the discretion of the City, be placed on temporary disability leaye. A written request for a temporary disability leaye must be submitted to the department director, along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. The City may request written verification from a licensed medical doctor that the employee is physically disabled and yerification of the extent of such disability and the projected date for return to work. Temporary disability leave shall only be granted for the period of disability and shall not exceed six (6) months. The City shall continue to pay its portion of the employee's health and welfare benefits during such leave but the leave shall be without pay. Upon the expiration of the temporary disability leaye, the employee may request a leaye of absence. Shared Leave - Employees shall be eligible for shared leave in accordance with current City policy. Familv and Medical Leaye - For the purposes of determining the twelve (12) week leave period provided by the Family and Medical Leave Act of 1993, such period shall run concurrent with the employee's accrued paid leaye benefits. Militarv Leave ~ Employees shall be granted leave for official military duty in accordance with applicable state and federal law. HEALTH AND WELFARE BENEFITS Medical Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee coverage and ~ninetv percent (g~O%) of the premium necessary for the purchase of dependent coverage (excluding spouses who haye other coyerage available through his/her place of employment) under the Association of Washington Cities (AWC), Washington Physicians Service (WPS) Medical Plan B, or the same dollar amount toward the premium for the same family coyerage under the Group Health Cooperatiye Plan, as selected by the employee. Dental Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coyerage under the Association of Washington Cities Dental Service Plan AE. AGREEMENT +9992002.21JO.'1 I CITY OF FEOERAL WAY SIGNED PAGE 9 9.3 9.4 9.5 ARTICLE X 10.1 10.2 10.3 10.4 ARTICLE XI Vision Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Western Vision Service Plan (no deductible). Life Insurance - There shall be no reduction in the life, long-term disability, and accidental death and dismemberment insurance benefits currently available to employees and their dependents. Teamsters Pension - The bargaining unit shall haye the right to divert a portion of any wage increases proYided by this Agreement to the Western Conference of Teamsters Pension Trust at such time and in such amounts as may be determined by the bargaining unit. EQUIPMENT. UNIFORMS AND TRAINING EQuipment - The City shall provide each employee any safety equipment or protective clothing required as a condition of employment; including rain gear and steel-toed rubber boots. Uniforms - The City shall continue to proYide a standard issue of uniforms for employees. An employee may request an alternate combination of the uniform in order to best fit their needs related to the job assignment; provided howeyer, such combination shall not result in greater costs to the City than the standard issue. Following the initial uniform issue, replacement of uniform items shall be based on need. Replacement requests must be authorized by the supervisor. For the purposes of this Section, the standard uniform issue shall consist of: One (1) jacket Fiye (5) shirts Fiye (5) work pants Two (2) sweatshirts One (1) coyeralls SafelY Boots - The City shall continue towill provide reimbursement of up to $160 per vear or $320 over a two-year period for the purchase or repair. such as resolinQ. eaGA emßloyee ORe ßair of leather steel-toed boots of good quality. Boot reßlasement sRal1 bo based on need. Reßlasement requests must l3e authorized by the supervisor. TraininQ - The City shall compensate employees to attend Employer required training necessary for maintenance of mandatory job related certifications unless the employee fails to recertify, in which case time spent retesting shall be on the employee's own time and at no cost to the City. Employees required to attend such training shall be paid at the employee's regular straight-time hourly rate of pay unless otherwise required by the Fair Labor Standards Act. The City shall reimburse costs reasonably telated to such training. Reimbursement for travel and other related expenses shall be in accordance with City policy. 11.1 DISCIPLINE The City shall not discipline or discharge any post-probationary employee without just cause. Disciplinary action shall be progressive in nature; provided however, prior AGREEMENT "'902002-200'1 I CITY OF FEDERAL WAY SIGNEO PAGE 10 11.2 11.3 11.4 11.5 ARTICLE XII disciplinary actions shall not be required when the cause of suspension or discharge is theft, intoxication, disregard of public or employee safety, insubordination or acts of parallel magnitude. The nature and seyerity of the discipline shall be determined on an indiyidual basis according to the particular circumstances. Disciplinary actions shall be administered in a timely fashion. A copy of any written notice of disciplinary action shall be sent to the Union at the time it is issued to the employee. Various disciplinary actions ayailable may include, but not limited to, the following: verbal warning (notation will be placed in the employee's personnel file), written warning, suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the employee's personnel file and giyen appropriate weight in subsequent personnel actions. Discipline shall continue to be administered in accordance with Section 11.3 of the City's Employee Guidelines as they presently exist or are hereafter amended. In the eyent of a conflict between the Employee Guidelines and the provisions of the Article, the provisions of this Article shall prevail. When an employee is required by the City to attend an interview conducted by the City for purposes of investigating an incident which may lead to the loss of payor position of that employee, the City shall advise the employee that he has the right to be accompanied at the investigatory interview by a representatiye of the Union. It is recognized that the employee may not insist that a particular Union representatiYe be present. The foregoing proYisions shall not apply to such run-of-the-mill conyersations as, for example, the giving of instructions, training, employee eyaluations or needed correction of work techniques; nor shall they apply to meetings at which discipline is simply administered. The Union shall have the right to appeal any disciplinary action through the grieyance procedure to determine whether the employee was properly disciplined; proYided howeyer, that appeal of any discipline to Step 3 of the grieyance procedure shall be limited to disciplinary actions by the City that result in loss of pay (i.e. suspension) or position (I.e. discharge) of an employee. Other forms of discipline may be appealed through Step 1 and 2 of the grievance procedure and the decision of the City Manager shall be final. 12.1 GRIEVANCE PROCEDURE 12.1.1 12.1.2 A grievance shall be defined as a dispute pertaining to the proper application and interpretation of any and all of the proYisions of this Agreement. The sole and exclusive method of processing grieyances shall be by utilizing the following procedure: STEP 1 - A grieyance shall first be presented to the employee's immediate supervisor within fourteen (14) calendar days of its occurrence, or the date the employee should have reasonably known of its occurrence (but in no event more than 60 days), or it shall not be subject to the grieyance procedure. The Supervisor shall attempt to resolye the grieyance within fourteen (14) calendar days, with a copy to the Union. STEP 2 - If the grieyance is not resolved at STEP 1, the grieyance, in writing, may be presented to the Department Director by the Union, with copies to the City Manager, City Attorney and Human Resources Manager. The written grievance shall be submitted to AGREEMENT =2002-2""'1 I CITY OF FEDERAL WAY SIGNED PAGE 11 12.1.3 12.2 12.2.1 12.3 12.4 ARTICLE XIII the City within fourteen (14) calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agreement allegedly Yiolated and the remedy sought. The Department Director shall thereupon schedule a meeting with the Union RepresentatiYe for purposes of attempting to resolve the grieyance. The Department Director shall issue a written response to the grievance within fourteen (14) calendar days after the grieyance meeting. STEP 3 - If the grievance is not resolyed at STEP 2, the Union may refer the matter to a third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate shall first be made to the City Manager within fourteen (14) calendar days of the Union's receipt of the STEP 2 response. Following receipt of the Union's notice to arbitrate, the City Manager may request a meeting with the Union RepresentatiYe to attempt to resolye the grieyance prior to selecting the arbitrator. As soon as possible thereafter, the parties shall meet to select the arbitrator by alternately striking names from the list of individuals set forth in Section 12.2 until only one (1) name remains. The right to decide which party shall strike first shall be determined by the flip of a coin. The remaining names shall serve as the impartial arbitrator who shall conduct a hearing and issue a decision which shall be final and binding upon all parties to the dispute. The following list shall constitute those indiyiduals from which the parties shall select an arbitrator: Gary Axon Michael Beck Ken Latsch If any of the arbitrators are not ayailable, a replacement shall be selected by mutual agreement of the parties. The arbitrator shall haye no power to change, alter, detract from or add to the proYisions of this Agreement, but shall haye the power only to apply and interpret the proYisions of this Agreement in reaching a decision. Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall be borne equally by the City and the Union. 13.1 MISCELLANEOUS 13.2 13.3 Gender - Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply to either gender. Benefits for ReQular Part-Time Employees - Except as otherwise proyided in this Agreement, regular part-time employees shall receive holidays, vacation, leayes, and health and welfare benefits on a pro rata basis in the same percentage as the employee's regularly scheduled hours relate to a forty (40) hour week. For example, if a regular part- time employee normally works twenty (20) hours per week, the employee shall receive 20/40ths, or fifty percent (50%), of the benefits receiyed by a full-time employee. Labor-Manaaement Conference Committee - The City and the Union shall establish a Joint Labor-Management Conference Committee which shall be comprised of participants from both the City and the Union. The function of the Committee shall be to meet periodically to discuss issues of general interest and/or concern, as opposed to AGREEMENT >0002002-2""'1 I CITY OF FEOERAL WAY SIGNEO PAGE 12 13.4 13.5 13.5.1 13.5.2 13.6 ARTICLE XIV individual complaints, for the purpose of establishing a harmonious working relationship between the employees, the City and the Union. It is not the purpose of the Committee to reopen collective bargaining negotiations or to change the terms of this Agreement. Either the City or the Union may request a meeting of the Committee. The party requesting the meeting shall do so in writing listing the issues they wish to discuss. Entire Aareement - The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. Anything not covered by this Agreement shall not be construed as part of this Agreement. Continuation of Work - The Union and its members, as indiyiduals or as a group, will not initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work stoppage, slow down, or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established by any other labor organization when called upon to cross such picket line in the line of duty provided. however, that the Citv will not require emplovees to cross I a picket line when notified bv the emplovees of circumstances which a reasonable person would perceive as a clear, imminent threat of violence to the emplovees. Disciplinary action, up to and including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article. In the event of a strike, work stoppage, slowdown, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification attempt to secure an immediate and orderly return to work of employees under the Union's jurisdiction. Failure of an employee to return to work within twenty-four (24) hours of notice by the Union or Employer that such failure to comply is in violation of this Article shall forfeit their right to protest discipline or discharge through the grieyance procedure. Drua and Alcohol Testina - The parties haye agreed to implement the Department of Transportation requirements for CDL drug and alcohol testing and the City of Federal Way Drug and Alcohol Testing Policy and Procedure. The agreement of the parties shall be made part of this Agreement and incorporated herein. 14.1 MANAGEMENT RIGHTS Except as otherwise expressly proYided in this Agreement, the City has the right to determine how to provide municipal services, including without limitation, the right to contract out or assign bargaining unit work to non-bargaining unit personnel and to non- City employees; to contract out for goods and services (the City recognizes the intrinsic yalue of employing regular full-time staff); to determine and modify hours of work and work schedules; to schedule yacation leave and other absences from work; to hire, layoff, promote, demote, train and transfer employees; to determine and modify job designs, duties and qualifications of job classifications; to assign work and make use of the yaluable contributory service of yolunteers; to manage and direct employees; to establish and enforce reasonable rules and regulations and standards of performance, attendance and conduct; to discipline and discharge employees; to determine the size and composition of the workforce; to determine the methods, location, means and processes by which work shall be accomplished; to determine and modify the services to be rendered; to eyaluate employees; to schedule oyertime work as required and most AGREEMENT """'2002-200'1 I CITY OF FEDERAL WAY SIGNED PAGE 13 advantageous to the City; to determine safety, health and property protection measures for the City; to select and use equipment and supplies; to require medical/physical examinations as necessary to ensure that employees are medically qualified to perform the essential functions of the job; to build, move or modify its facilities; to take whateyer actions are necessary in the event of an emergency; and to perform all other functions not expressly limited by this Agreement. 14.2 Emplovee Guidelines - The City of Federal Way Policies (e.g. Employee Guidelines) shall apply to members of this bargaining unit. Howeyer, in the event of a conflict between a provision of this Agreement and any guideline, regulation, ordinance or rule of the City, the provision of this Agreement shall control. It is also expressly understood that the grieyance procedures in this Agreement completely replace (and are not in addition to) any process set forth in such Federal Way Policies and completely replace any appeal process of any other City Board, Department, Commission or Agency of the City, and further that employees covered in this Agreement shall not have recourse to any such set of procedures. In addition, the parties agree that the City has the sole right to amend, modify, adopt or change any policies (that are not mandatory subjects of bargaining), including the Employee Guidelines, without first negotiating such change with the Union. ARTICLE XV SAVINGS CLAUSE 15.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement or any provision should be retained by such tribunal pending a final determination as to its yalidity, the remainder of this Agreement shall not be held invalid and shall remain in full force and effect. The City and the Union shall enter into immediate collectiye bargaining negotiations upon the request of either party for the purpose of arriYing at a mutually satisfactory replacement for such provision during the period of invalidity or restraint. ARTICLE XVI DURATION 16.1 Except for those proYisions which state otherwise, this Agreement shall be effectiye January 01, 4-9992002, and shall remain in full force and effect through December 31, 200'14. PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters CITY OF FEDERAL WAY, WASHINGTON By JON L. RABINE, Secretary-Treasurer _By _DaYid Moseley, City Manager Date _Date AGREEMENT '0092002-20<>14 I CITY OF FEDERAL WAY SIGNED PAGE 14 APPENDIX "A" to the AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Park Department Maintenance Employees) January 01, 2002:1-009 through December 31,200-14 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 01, 2002:1-009, the classifications of work and rates of pay for each classification coyered by the Agreement shall be as follows: CLASSIFICATION MONTHLY RATES OF PAY STEP A STEP B STEP C 00-12m 13-24m 25-36m STEP DSTEP ESTEP Fp.3 37-48m 49-60m 61m + Merit Lead Worker $2959~ $3082:w# $321530Ð7 $33513iW' $3491~ $3640347ð $3764ðé9-1- Maintenance Worker $26802áá7 $2793:!Wð $29122+-73 $3035:m9ê $31623(».7 $3295ð-144 $3407~ A.2 Effective January 01, 200Q~, the rates of pay set forth within Section A.1 shall be increased by ninety percent (90%) of that percentage increase in the Seattle Area Consumer Price Index, Ju~1y W9ß2001 through Ju~1y -W992002, for "Urban Wage Earners and Clerical Workers" (1982-84=100) as published by the Bureau of Labor Statistics. A.3 Effectiye January 01, 200-14, the rates of pay which became effectiye January 01, 2000, shall be increased by ninety percent (90%) of that percentage increase in the Seattle Area Consumer Price Index, JU!Le!y -W992002 through Ju~1y 2000~, for .Urban Wage Earners and Clerical Workers" (1982-84=100) as published by the Bureau of Labor Statistics. A.4 Each employee is eligible for performance Step increases (Steps B through F) annually based upon the performance evaluation for the prior twelve (12) month period, providing job performance meets or exceeds standards. Such increases may be withheld or delayed for employee performance that does not meet standards, provided that the employee's performance deficiencies haye been discussed and documented with the employee at least sixty (60) days in adyance of the performance evaluation date to allow the employee sufficient time to correct his/her performance to meet standards. AGREEMENT _02002-200>,1 I CITY OF FEDERAL WAY SIGNED PAGE 15 A.5 Eligibility for P3 moneys is contingent upon an employee reaching Step F and remaining employed through December 31. The actual performance payment shall be based upon existing City policy goyerning pay for performance. PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters CITY OF FEDERAL WAY, WASHINGTON By JON L. RABINE, Secretary-Treasurer _By _DAVID MOSELEY, City Manager Date _Date K:I T eamstersl T eamstersAgreement02 -04 .mod I AGREEMENT '9002002-20°'1 I CITY OF FEDERAL WAY SIGNED PAGE 16 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Employees) January 01,1999 through December 31,2001 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES ARTICLE III HOURS OF WORK ARTICLE IV OVERTIME AND SPECIAL PAY ARTICLE V WAGES ARTICLE VI HOLIDAYS ARTICLE VII VACATIONS ARTICLE VIII LEAVES ARTICLE IX HEALTH AND WELFARE BENEFITS ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING ARTICLE XI DISCIPLINE ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI APPENDIX "A" GRIEVANCE PROCEDURES MISCELLANEOUS MANAGEMENT RIGHTS SAVINGS CLAUSE DURATION CLASSIFICAITONS AND RATES OF PAY 2 3 4 6 6 7 7 9 10 10 11 12 13 14 14 15 AGREEMENT 4WfJ2002-20<»1 I CITY OF FEDERAL WAY SIGNED PAGE 17 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Employees) DRAFT ItJ1JçJC!1 January 01, 2002 through December 31,2004 THIS AGREEMENT is by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE I RECOGNITION UNION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 RecoQnition - The City recognizes the Union as the sole and exclusive collective bargaining representatiYe for all full-time and regular part-time maintenance and operations employees within the Public Works and Parks Departments of the City of Federal Way, excluding supervisors and confidential employees. 1.1.1 For the purposes of this Agreement, a "seasonal" or "temporary" employee shall be defined as an indiYidual employed for less than twelye hundred (1200) hours in a twelve (12) consecutive month period. In the event an individual employed as a seasonaUtemporary employee is employed for more than twelve hundred (1200) hours in a twelve (12) consecutive month period, the employee shall begin receiving the economic benefits set forth within the Agreement as if they were a regular employee. 1.2 Union Membership - It shall be a condition of employment that each current employee covered by this Agreement shall within thirty (30) days of the signature date of this Agreement become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way unless another organization is agreed to by the Union and the City. It shall also be a condition of employment that each employee covered by this Agreement and hired on or after the signature date of this Agreement shall, within thirty (30) days of the beginning of such employment, become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way or other organization agreed to by the Union and the City. 1.2.1 In the eyent an employee who is not a member of the Union requests the Union to use the grievance procedure on the employee's behalf, the Union may charge the employee for the reasonable costs of processing the grievance, provided the Union notifies the employee of such costs in adyance. 1.3 Payroll Deduction - Upon written authorization of an employee, the City shall deduct from the pay of such employee the monthly dues and initiation fees as certified by the Union and shall transmit the same to the Secretary-Treasurer of the Union monthly. The City shall deduct from the pay of an employee who elects not to join the Union the fees in-lieu of the Union initiation fee and monthly dues and shall remit the same to the agreed upon AGREEMENT 2002.2004 CI1Y OF FEDERAL WAY SIGNED PAGE' charity monthly. The Union shall defend the City and hold the City harmless against any claims brought against the City by an employee arising out of the City making a good- faith effort to comply with this Section. 1.4 Union Notification - WIthin seven (7) days from the date of hire of a new employee, the City shall forward to the Union the name, address and telephone number of the new employee. The City shall promptly notify the Union of all employees leaving its employment. 1.5 Bulletin Boards - The City shall proYide suitable space for a bulletin board at the maintenance facility. Postings by the Union on the bulletin board shall be confined to official business of the Union; proYided such notices shall not be derogatory of the Employer, its elected officials or other personnel. 1.6 Shop Steward - The Union may appoint an accredited shop steward for the bargaining unit. The shop steward shall be a regular employee. The function of the shop steward shall be to meet with the Employer concerning matters yital to the employees in the bargaining unit; proYided, however, the shop steward's role shall not interfere with the normal functioning of the Employer. Prior permission from the employee's supervisor shall be obtained wheneyer a shop steward's activities during regular work hours are involyed. The accredited shop steward shall be the only one to take up with the Employer any alleged Yiolation of this Agreement that reaches Step 2 of the grievance procedure. The Union shall be the only party with the authority to appeal any grievance to Step 3 of the grievance procedure. 1.7 Union Officer Leave - An employee elected or appointed to a Union office may, upon timely application and approval thereof by the City, be given leave of absence up to one (1) week per year to attend Union conferences or Union workshops. The leave shall be without pay and without loss of seniority. The City reserves the right to deny the request depending upon the season, staffing leyels, and/or the adverse impact on the operations. ARTICLE II PROBATION PERIOD, LAYOFF. RECALL AND JOB VACANCIES 2.1 Probation Period - A new employee shall be subject to a twelye (12) month probation period commencing with his most recent first date of hire in a bargaining unit position. During this period, such employee shall be considered as being on trial, subject to immediate dismissal at any time at the sole discretion of the City. Discharge of an employee during his probation period shall not be grievable. 2.2 Seniority - An employee's seniority shall be defined as that period of compensated work for the City from the employee's most recent first day of compensated work within a position now coyered by the bargaining unit. Any time of uncompensated leave in excess of thirty-one (31) calendar days shall be deducted from the employee's seniority. 2.2.1 An employee's seniority shall be broken so that no prior period of employment shall be counted and his seniority shall cease upon: Discharge for cause as defined in Article XI; Voluntary quit; AGREEMENT 2002-2004 CITY OF FEDERAL WAY SIGNED PAGE 2 2.2.2 2.3 2.4 2.4.1 2.5 ARTICLE III Leaving the bargaining unit to accept a position with the City outside of the bargaining unit; Failure of the employee to notify the City of his willingness to return to work upon recall from an indefinite layoff within ten (10) calendar days after mailing of written notice from the City to his last known address appearing on the City's records; Layoff exceeding twenty-four (24) months; and/or Leaye of absence exceeding six (6) months. Each calendar year, upon the request of the Union, the City shall provide the Union with a seniority list showing the name of each employee within the bargaining unit, his present classification and his first date of compensated work within the bargaining unit. Lavoff - In case of a layoff, employees shall be retained on the basis of job performance. When job performance is relatively equal, the employee with the shortest length of continuous service shall be laid off first. Relative job performance shall be determined on the basis of qualifications, past job performance evaluations and current job evaluations. Qualifications shall be determined by the knowledge, abilities and skills required for the affected position, as stated in the classification descriptions, and the employee's ability to perform the remaining work without further training. Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on layoff shall keep both the City and the Union informed of the address and telephone number where he can be contacted. When the City is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the City are able to contact the employee within seyen (7) calendar days from the time the Union is notified, the City's obligation to recall the employee shall cease. The City shall haye no obligation to recall an employee after he has been on continuous layoff for a period of fifteen (15) months. Should an employee not return to work when recalled, the City shall haye no further obligation to recall him. Job Vacancies - Opportunities for promotion shall be posted on the work site bulletin board for not less than seven (7) calendar days, during which time employees who haye completed their probation period may apply. Posted job opportunities shall contain an adequate description of the job duties and the rate of pay. It is the intent of the parties to proYide qualified employees with opportunities for promotion; provided however, the City shall determine who is the best qualified person for the job. 3.1 HOURS OF WORK 3.1.1 Hours of Work - The normal work schedule for full-time employees shall consist of five (5) consecutiye days of eight (8) consecutive hours, Monday through Friday, excluding the meal period. The normal workday shall be from 7:00AM. to 3:30 P.M.. During the period April 1 through October 31, the City may haye schedules other than Monday through Friday and other than 7:00 AM. to 3:30 P.M.. Notwithstanding the foregoing, changes in starting times and/or days of the week for each employee may be made by the City based upon seasonal demands for service, AGREEMENT 2002-2004 CITY OF FEDERAL WAY SIGNED PAGE 3 3.2 3.3 3.4 3.5 reasonable operating needs of the City and natural consequences, including without limitation fires, earthquakes, storms and floods. Flex Time - By mutual agreement between the employee and the City, an employee may be assigned a schedule other than as set forth within Section 3.1. Shift ChanQe - Each employee shall be assigned to a regular shift starting time which shall not normally be changed without at least forty-eight (48) hours notice. in the event an employee's regular shift starting time is changed with less than forty-eight (48) hours notice, he shall be paid an additional one dollar and sixty cents ($1.60) per hour for all hours worked outside of his preYious work schedule, exclusive of overtime and only during the remainder of the employee's scheduled work week. Rest Periods - Employees shall receive a rest period of fifteen (15) minutes on the City's time for each four (4) hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of each four (4) hour work period. No employee shall be required to work more than three (3) hours without a rest period. By mutual agreement between the employee and the City, the rest periods may be taken at a time other than stated above. Meal Periods - Employees shall receive a meal period of thirty (30) minutes which shall be on the employee's own time and which shall commence no less than three (3) nor more than fiye (5) hours from the beginning of the shift. By mutual agreement between the employee and the City, the meal period may be taken at a time other than stated above. Employees who work more than three (3) hours longer than their normal workday may, at the option of the employee, receiye an additional unpaid meal period before or during their overtime. 4.1 ARTICLE IV OVERTIME AND SPECIAL PAY 4.1.1 4.2 Oyertime - "Overtime" is defined as authorized hours worked in excess of forty (40) hours in an employee's seven-day work week or eight (8) hours per day, unless an alternate work schedule has been established by the City for a particular work unit or indiyidual. "Hours worked" for purposes of determining oyertime pay shall include holidays, yacation and sick leave used for scheduled doctor and/or dental appointments, but shall not include other sick leave or any other time compensated but not worked. The standard "work week" consists of the period from midnight Saturday to 11 :59 P.M. the following Saturday. Overtime Rotation - A list of regular employees in order of seniority will be maintained for the Parks crew and a separate list will be maintained for the Public Works crews. When oyertime is available, employees will be contacted in order beginning w~h the most senior until an employee is available to work the overtime. The next time overtime is available, employees will be contacted beginning with the next employee on the applicable list following the employee who worked the last overtime opportunity. This rotation will continue for all required overtime. CompensatOry Time - An employee may request compensatory time off in lieu of oyertime payment, subject to approyal and scheduling by the City. Compensatory time shall be taken at the rate of one and one-half (1-1/2) times the actual time worked. Employees shall be encouraged to use compensatory time accrued within ninety (90) AGREEMENT 2002.2004 CllY OF FEDERAL WAY SIGNED PAGE. days of earning it, whenever possible. In no event may compensatory time be accrued in excess of eighty (80) hours (i.e. 53.33 hours x 1.5 = 80 hours). 4.3 Callout - An employee who has left work and is called out to work after completion of his regular shift shall be paid a minimum of two (2) hours at one and one-half (1-112) times his regular straight-time hourly rate of pay. Howeyer, if the employee is called out less than two (2) hours from the time he is scheduled to start his regular shift, he shall receive one and one-half (1-112) times his regular straight-time hourly rate of pay only for such time as occurs before his regular starting time. All call-out time worked outside of the employee's regular work hours shall be paid at the rate of one and one-half (1-112) times the employee's regular straight time rate of pay. In the eyent the City grants a minimum callout greater than two (2) hours to another bargaining unit of City employees or the majority of other City employees, the Union shall have the right to reopen negotiations on the issue of minimum callout. 4.4 Standby - Except as otherwise proYided herein, the current City policy regarding Standby Duty shall remain in effect. Employees who are assigned Standby Duty shall receive two dollars ($2.00) per hour for each hour of Standby Duty. Employees on Standby Duty shall not consume alcohol or controlled substances. Whether or not Standby Duty is eliminated, modified or expanded shall remain at the sole discretion of the City. An employee on Standby Duty who is called out shall receive the applicable Callout rate in addition to Standby Duty pay. 4.5 Temporary Assionment Pay - When an employee is temporarily assigned to assume substantial responsibilities as a substitute for an absent bargaining unit employee in a higher classification, the employee shall receive five percent (5%) aboye his regular rate of pay for hours worked in such temporary assignment. No temporary assignment pay shall be paid for a period of time less than five (5) working days. The added compensation shall cease when the assignment ends. 4.5.1 Temporary assignment pay for assignments in which the employee works as a substitute in the absence of an employee working in a non-bargaining unit position shall be administered and compensated pursuant to applicable City policy. Any such assignment in excess of ten (10) consecutive working days shall be by mutual agreement between the employee and the City. 4.5.2 Unless otherwise proYided herein, assignment of employees to temporary assignments in or out of the bargaining unit and the duration of such assignments shall remain at the sole discretion of the City. 4.6 Emerqencv Meal Reimbursement - Emergency crews, with authorization of the City. may eat off the clock at area establishments specified by the Purchasing Manager. Such establishments shall directly bill the City. 4.7 Non-Emeroency Travel - Employees shall be reimbursed for reasonable costs of vehicle operation, meals and lodging for trayel and such related expenses away from the City in accordance with City policy. 4.8 Non-Pvramidinq - Premium or overtime pay shall not be duplicated or pyramided. Unless required by the Fair Labor Standards Act (FLSA), premium or oyertime pay shall be based on the employee's regular straight-time rate of pay. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. AGREEMENT 2002-2004 CllY OF FEDERAL WAY SIGNEO PAGE 5 ARTICLE V 5.1 ARTICLE VI Compensation received by any employee for reasons other than work actually performed at the employee's City job assignment, including but not limited to sick leave, vacation leave, holiday leave, funeralleaye, compensatory time, civil and military leave shall not be pyramided one with another nor added to compensation for actual work performed during an employee's work schedule. WAGES The classifications of work and monthly rates of pay for employees coyered by this Agreement shall be set forth within Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City may designate a job classification title and salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent year are negotiated, or six (6) months after the classification is established, whichever is earlier. HOLIDAYS 6.1 6.1.1 6.1.2 6.2 6.3 6.4 Employees shall receiye the following holidays off with compensation at their regular straight-time hourly rate of pay: New Year's Day Martin Luther King, Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day ThanksgiYing Day Day Following Thanksgiving Day Christmas Day January 1st 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1st Monday of September November 11th 4th Thursday of November December 25th The above holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be observed on the following Monday. Any holiday falling on Saturday shall be observed on the preceding Friday. Any holidays in addition to those set forth within this Article granted to another bargaining unit of City employees or the majority of other City employees shall be proYided to the bargaining unit. If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be utilized rather than charged against the employee's accrued vacation or sick leave. In addition to those holidays set forth within Section 6.1, each employee shall receive one (1) personal Floating Holiday which shall be taken during the calendar year at a time agreed by the employee and the supervisor. To be eligible for the Floating Holiday, the employee must haye been on the payroll by October 1st of the calendar year. Employees scheduled to work on a holiday shall receiye his/her regular holiday compensation plus time and one-half for actual time worked as long he doesn't take another day off in exchange for that day and hasn't used any sick or other compensated AGREEMENT 2002.2004 CITY OF FEOERAL WAY SIGNED PAGE 6 6.5 6.6 ARTICLE VII time off (excluding vacation time) during that week, as provided in Section 4.1. If an employee elects to take another day off in exchange for the holiday, the employee shall schedule such time off with the approval of his supervisor and shall be paid his regular straight time rate in lieu of being paid the additional time and one half for hours worked on the holiday. In the event the observation of a holiday falls on an employee's regular day off, the employee shall be granted another day off with pay, which date shall be by mutual agreement between the employee and the supervisor. All full-time employees shall receiye eight (8) hours of pay per holiday. Those employees whose work schedule consists of other than an eight (8) hour work day may use accrued yacation leaye or compensatory time to supplement the holiday pay in order to receiye the entire workday off with pay. VACATIONS 7.1 Full-time employees shall accrue vacation leave at the following rate: 7.2 7.3 7.4 ARTICLE VIII Initial hire through the fifth (5th) complete year of continuous employment Eight (8) hours per month After five (5) full years of continuous employment After ten (10) full years of continuous employment Ten (10) hours per month Twelve (12) hours per month Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at such times as the City finds most suitable after considering the wishes of the employee and the requirements of the department. An employee may accrue up to two hundred forty (240) hours of yacation. Upon the effectiye date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight- time hourly rate for any accrued unused yacation leave time, which shall be paid on the employee's final paycheck. 8.1 LEAVES 8.1.1 Sick Leaye - Full-time employees shall accumulate sick leave pay at the rate of eight (8) hours per month of service to a maximum of seyen hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the employee's regular straight-time hourly rate of pay from and including the employee's first (1st) working day absent. Sick leaye benefits may be used for bona fide cases of sickness, accidents, doctor and dental appointments of the employee, and to care for a dependent child (including step or foster) under the age of eighteen (18) who has a health condition that requires treatment or supervision. AGREEMENT 2002-2004 CITY OF FEDERAL WAY SIGNED PAGE 7 8.1.2 8.1.3 8.2 8.2.1 8.2.2 8.2.3 8.3 8.3.1 In the event an employee exhausts their accrued sick leave, the employee has the option to use accrued vacation leaye or compensatory time. Employees injured on the job shall not simultaneously collect sick, vacation or compensatory leaye and Worker's Compensation payments greater than the employee's regular pay. If the job related injury or illness requires the employee to be absent from work, the time the employee is unable to work will be charged to sick leave. At the option of the employee, when and if his sick leave is exhausted, compensatory time or accrued yacation leaye may be used. In any event, the Employer shall pay only up to the maximum of the difference between the payment received under Worker's Compensation by such employee and his regular straight-time rate of compensation that he would have receiyed from the Employer if able to work. Such payment by the Employer shall be limited to the period of time that such employee has accumulated paid leave credits. The foregoing shall be accomplished by the employee "buying back" sick and vacation leave used with the time loss money from Worker's Compensation by turning the check oyer to the City. Once the employee has bought back all ayailable sick and vacation leave, the employee shall no longer accrue paid leave benefits and shall not be required to surrender the time loss payments from Worker's Compensation to the City. Bereayement Leave - An employee who has a member of his immediate family taken by death shall receive at the employee's option up to 24 regularly scheduled hours off with pay as bereayement leave. Upon approyal by the Employer an additional 56 regularly scheduled hours of sick leave may be used by the employee. "Immediate family" shall be defined as wife, husband, daughter, son, mother, father, sister, brother, aunt, uncle, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandmother, grandfather, grandchildren, and equiyalent step relations. With Employer approyal, an employee may use up to eight (8) hours of sick leave to attend the funeral of a close friend or relative other than those set forth within Section 8.2.1 Based on unusual circumstances, the Employer may construe more broadly the definition of immediate family to other persons living within the employee's household, or others related to the employee by blood or marriage, or to established relationship having attributes to familial ties. Jurv Leave - The City acknowledges that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. Employees will be provided up to 60 regularly scheduled hours leave with pay per summons to participate as jurors or subpoenaed witnesses, unless appearing as a witness, plaintiff, or defendant against the City in legal action. Compensation receiyed by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as wages from the City. The City shall have the right, at the City's expense and after consulting with the employee, to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. If an employee has sufficient time to work one-half (1/2) day or more after being AGREEMENT 2002-2004 CITY OF FEDERAL WAY SIGNED PAGE 8 dismissed from jury duty or while waiting to be impaneled, he shall report to work that day. 8.4 Leaye of Absence - Leaves of absence shall be at the discretion of the City. If approved by the City, an employee may take a leave of absence without payor benefits. A leave of thirty one (31) days or less shall not constitute a break in service. No seniority shall accrue during a leaye of absence that exceeds thirty-one (31) calendar days; provided however, seniority shall continue to accrue during Family Medical Leaye under Section 8.7. Upon expiration of a leaye of thirty one (31) days or less, the employee shall be retumed to his previously held job position. 8.5 Temporarv Disability Leaye - Employees who are physically unable to perform the functions of their position for medical reasons other than on the job injuries and who have exhausted all accrued sick leaye may, at the discretion of the City, be placed on temporary disability leave. A written request for a temporary disability leave must be submitted to the department director, along with a docto~s certification indicating the nature of the medical problem and the anticipated length of absence. The City may request written yerification from a licensed medical doctor that the employee is physically disabled and verification of the extent of such disability and the projected date for return to work. Temporary disability leaye shall only be granted for the period of disability and shall not exceed six (6) months. The City shall continue to pay its portion of the employee's health and welfare benefits during such leaye but the leaye shall be without pay. Upon the expiration of the temporary disability leaye, the employee may request a leaye of absence. 8.6 Shared Leaye - Employees shall be eligible for shared leave in accordance with current City policy. 8.7 Familv and Medical Leave - For the purposes of determining the twelve (12) week leave period proYided by the Family and Medical Leaye Act of 1993, such period shall run concurrent with the employee's accrued paid leave benefits. 8.8 Militarv Leave - Employees shall be granted leave for official military duty in accordance with applicable state and federal law. ARTICLE IX HEALTH AND WELFARE BENEFITS 9.2 Medical Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee coverage and ninety percent (90%) of the premium necessary for the purchase of dependent coverage (excluding spouses who have other coyerage ayailable through his/her place of employment) under the Association of Washington Cities (AWC), Washington Physicians Service (WPS) Medical Plan B, or the same dollar amount toward the premium for the same family coyerage under the Group Health Cooperative Plan, as selected by the employee. Dental Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coyerage under the Association of Washington Cities Dental Service Plan F. 9.1 9.3 Vision Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Western Vision Service Plan (no deductible). AGREEMENT 2002.2004 CITY OF FEDERAL WAY SIGNED PAGE 9 9.4 9.5 ARTICLE X 10.1 10.2 10.3 10.4 ARTICLE XI Life Insurance - There shall be no reduction in the life, long-term disability, and accidental death and dismemberment insurance benefits currently available to employees and their dependents. Teamsters Pension - The bargaining unit shall have the right to divert a portion of any wage increases proYided by this Agreement to the Western Conference of Teamsters Pension Trust at such time and in such amounts as may be determined by the bargaining unit EQUIPMENT, UNIFORMS AND TRAINING EQuipment - The City shall proYide each employee any safety equipment or protectiye clothing required as a condition of employment; including rain gear and steel-toed rubber boots. Uniforms - The City shall continue to proYide a standard issue of uniforms for employees. An employee may request an alternate combination of the uniform in order to best fit their needs related to the job assignment; provided however, such combination shall not result in greater costs to the City than the standard issue. Following the initial uniform issue, replacement of uniform items shall be based on need. Replacement requests must be authorized by the supervisor. For the purposes of this Section, the standard uniform issue shall consist of: One (1) jacket Five (5) shirts Five (5) work pants Two (2) sweatshirts One (1) coyeralls Safety Boots - The City will proYide reimbursement of up to $160 per year or $320 over a two-year period for the purchase or repair, such as resoling, of leather steel-toed boots. TraininQ - The City shall compensate employees to attend Employer required training necessary for maintenance of mandatory job related certifications unless the employee fails to recertify, in which case time spent retesting shall be on the employee's own time and at no cost to the City. Employees required to attend such training shall be paid at the employee's regular straight-time hourly rate of pay unless othelWise required by the Fair labor Standards Act. The City shall reimburse costs reasonably related to such training. Reimbursement for travel and other related expenses shall be in accordance with City policy. DISCIPLINE 11.1 The City shall not discipline or discharge any post-probationary employee without just cause. Disciplinary action shall be progressiye in nature; provided howeyer, prior disciplinary actions shall not be required when the cause of suspension or discharge is theft, intoxication, disregard of public or employee safety, insubordination or acts of parallel magnitude. The nature and seyerity of the discipline shall be determined on an indiyidual basis according to the particular circumstances. Disciplinary actions shall be administered in a timely fashion. A copy of any written notice of disciplinary action shall be sent to the Union at the time it is issued to the employee. AGREEMENT 2002.2004 CITY OF FEDERAL WAY SIGNED PAGE 10 11.2 11.3 11.4 11.5 ARTICLE XII Various disciplinary actions ayailable may include, but not limited to, the following: verbal warning (notation will be placed in the employee's personnel file), written warning, suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the employee's personnel file and giyen appropriate weight in subsequent personnel actions. Discipline shall continue to be administered in accordance with Section 11.3 of the City's Employee Guidelines as they presently exist or are hereafter amended. In the eyent of a conflict between the Employee Guidelines and the proYisions of the Article, the proYisions of this Article shall preyail. When an employee is required by the City to attend an interview conducted by the City for purposes of inyestigating an incident which may lead to the loss of payor position of that employee, the City shall advise the employee that he has the right to be accompanied at the inyestigatory interview by a representative of the Union. It is recognized that the employee may not insist that a particular Union representative be present. The foregoing provisions shall not apply to such run-of-the-mill conversations as, for example, the giving of instructions, training, employee evaluations or needed correction of work techniques; nor shall they apply to meetings at which discipline is simply administered. The Union shall haye the right to appeal any disciplinary action through the grievance procedure to determine whether the employee was properly disciplined; proYided however, that appeal of any discipline to Step 3 of the grieyance procedure shall be limited to disciplinary actions by the City that result in loss of pay (I.e. suspension) or position (I.e. discharge) of an employee. Other forms of discipline may be appealed through Step 1 and 2 of the grieyance procedure and the decision of the City Manager shall be final. 12.1 GRIEVANCE PROCEDURE 12.1.1 12.1.2 A grieyance shall be defined as a dispute pertaining to the proper application and interpretation of any and all of the proYisions of this Agreement. The sole and exclusive method of processing grievances shall be by utilizing the following procedure: STEP 1 - A grievance shall first be presented to the employee's immediate supervisor within fourteen (14) calendar days of its occurrence, or the date the employee should haye reasonably known of its occurrence (but in no eyent more than 60 days), or it shall not be subject to the grieyance procedure. The Supervisor shall attempt to resolve the grieyance within fourteen (14) calendar days, with a copy to the Union. STEP 2 - If the grievance is not resolyed at STEP 1, the grievance, in writing, may be presented to the Department Director by the Union, with copies to the City Manager, City Attorney and Human Resources Manager. The written grievance shall be submitted to the City within fourteen (14) calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agreement allegedly yiolated and the remedy sought. The Department Director shall thereupon schedule a meeting with the Union RepresentatiYe for purposes of attempting to resolye the grievance. The Department Director shall issue a written response to the grieyance within fourteen (14) calendar days after the grieyance meeting. AGREEMENT 2002-2004 CITY OF FEDERAL WAY SIGNED PAGE 11 12.1.3 12.2 12.2.1 12.3 12.4 ARTICLE XIII STEP 3 - If the grievance is not resolYed at STEP 2, the Union may refer the matter to a third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate shall first be made to the City Manager within fourteen (14) calendar days of the Union's receipt of the STEP 2 response. Following receipt of the Union's notice to arbitrate, the City Manager may request a meeting with the Union Representative to attempt to resolye the grieyance prior to selecting the arbitrator. As soon as possible thereafter, the parties shall meet to select the arbitrator by alternately striking names from the list of indiyiduals set forth in Section 12.2 until only one (1) name remains. The right to decide which party shall strike first shall be determined by the flip of a coin. The remaining names shall serve as the impartial arbitrator who shall conduct a hearing and issue a decision which shall be final and binding upon all parties to the dispute. The following list shall constitute those individuals from which the parties shall select an arbitrator. Gary Axon Michael Beck Ken Latsch If any of the arbitrators are not ayailable, a replacement shall be selected by mutual agreement of the parties. The arbitrator shall have no power to change, alter, detract from or add to the proYisions of this Agreement, but shall have the power only to apply and interpret the provisions of this Agreement in reaching a decision. Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall be borne equally by the City and the Union. 13.1 MISCELLANEOUS 13.2 13.3 Gender - Whereyer words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply to either gender. Benefits for Reqular Part-Time Employees - Except as otherwise proYided in this Agreement, regular part-time employees shall receive holidays, vacation, leaves, and health and welfare benefits on a pro rata basis in the same percentage as the employee's regularly scheduled hours relate to a forty (40) hour week. For example, if a regular part- time employee normally works twenty (20) hours per week, the employee shall receive 20/4Oths, or fifty percent (50%), of the benefits received by a full-time employee. Labor-ManaQement Conference Committee - The City and the Union shall establish a Joint Labor-Management Conference Committee which shall be comprised of participants from both the City and the Union. The function of the Committee shall be to meet periodically to discuss issues of general interest and/or concern, as opposed to indiyidual complaints, for the purpose of establishing a harmonious working relationship between the employees, the City and the Union. It is not the purpose of the Committee to reopen collectiye bargaining negotiations or to change the terms of this Agreement. Either the City or the Union may request a meeting of the Committee. The party requesting the meeting shall do so in writing listing the issues they wish to discuss. AGREEMENT 2002-200' CITY OF FEDERAL WAY SIGNED PAGE 12 13.4 13.5 13.5.1 13.5.2 13.6 ARTICLE XIV Entire Aqreement . The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. Anything not covered by this Agreement shall not be construed as part of this Agreement. Continuation of Work - The Union and its members, as individuals or as a group, will not initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work stoppage, slow down, or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established by any other labor organization when called upon to cross such picket line in the line of duty provided, however, that the City will not require employees to cross a picket line when notified by the employees of circumstances which a reasonable person would perceiye as a clear, imminent threat of violence to the employees. Disciplinary action, up to and including discharge, may be taken by the City against any employee or employees engaged in a yiolation of this Article. In the eyent of a strike, work stoppage, slowdown, observance of a picket line, or other restriction of work in any form, either on the basis of indiyidual choice or collectiye employee conduct, the Union will immediately upon notification attempt to secure an immediate and orderly return to work of employees under the Union's jurisdiction. Failure of an employee to return to work within twenty-four (24) hours of notice by the Union or Employer that such failure to comply is in violation of this Article shall forfeit their right to protest discipline or discharge through the grievance procedure. DruQ and Alcohol TestinQ - The parties have agreed to implement the Department of Transportation requirements for CDL drug and alcohol testing and the City of Federal Way Drug and Alcohol Testing Policy and Procedure. The agreement of the parties shall be made part of this Agreement and incorporated herein. 14.1 MANAGEMENT RIGHTS Except as otherwise expressly provided in this Agreement, the City has the right to determine how to proYide municipal services, including without limitation, the right to contract out or assign bargaining unit work to non-bargaining unit personnel and to non- City employees; to contract out for goods and services (the City recognizes the intrinsic yalue of employing regular full-time staff); to determine and modify hours of work and work schedules; to schedule vacation leaye and other absences from work; to hire, layoff, promote, demote, train and transfer employees; to determine and modify job designs, duties and qualifications of job classifications; to assign work and make use of the valuable contributory service of volunteers; to manage and direct employees; to establish and enforce reasonable rules and regulations and standards of performance, attendance and conduct; to discipline and discharge employees; to determine the size and composition of the workforce; to determine the methods, location, means and processes by which work shall be accomplished; to determine and modify the services to be rendered; to eyaluate employees; to schedule oyertime work as required and most advantageous to the City; to determine safety, health and property protection measures for the City; to select and use equipment and supplies; to require medical/physical examinations as necessary to ensure that employees are medically qualified to perform the essential functions of the job; to build, moye or modify its facilities; to take whateyer actions are necessary in the eyent of an emergency; and to perform all other functions not expressly limited by this Agreement. AGREEMENT 2002-2004 CITY OF FEDERAL WAY SIGNED PAGE 13 14.2 Emplovee Guidelines - The City of Federal Way Policies (e.g. Employee Guidelines) shall apply to members of this bargaining unit. Howeyer, in the eyent of a conflict between a provision of this Agreement and any guideline, regulation, ordinance or rule of the City, the provision of this Agreement shall control. It is also expressly understood that the grievance procedures in this Agreement completely replace (and are not in addition to) any process set forth in such Federal Way Policies and completely replace any appeal process of any other City Board, Department, Commission or Agency of the City, and further that employees coyered in this Agreement shall not have recourse to any such set of procedures. In addition, the parties agree that the City has the sole right to amend, modify, adopt or change any policies (that are not mandatory subjects of bargaining), including the Employee Guidelines, without first negotiating such change with the Union. ARTICLE XV SAVINGS CLAUSE 15.1 Should any proYision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement or any proYision should be retained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be held inyalid and shall remain in full force and effect. The City and the Union shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such proYision during the period of inyalidity or restraint. ARTICLE XVI 16.1 DURATION Except for those proYisions which state otherwise, this Agreement shall be effective January 01, 2002, and shall remain in full force and effect through December 31, 2004. PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters CITY OF FEDERAL WAY, WASHINGTON By DAVID REYNOLDS, Secretary-Treasurer By David Moseley, City Manager Date Date AGREEMENT 2002.2004 CITY OF FEOERAL WAY SIGNED PAGE 14 APPENDIX "A" to the AGREEMENT by and between CI1Y OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Park Department Maintenance Employees) January 01, 2002 through December 31, 2004 THIS APPENDIX is supplemental to the AGREEMENT by and between the CI1Y OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 01, 2002, the classifications of work and rates of pay for each classification covered by the Agreement shall be as follows: CLASSIFICATION MONTHLY RATES OF PAY STEP A STEP B STEP C STEP DSTEP ESTEP F P-3 00-12m 13-24m 25-36m 37-48m 49-60m 61m+ Merit Lead Worker $3151 $3283 $3423 $3568 $3718 $3876 $4007 Maintenance Worker $2854 $2975 $3100 $3232 $3368 $3510 $3629 A.2 Effective January 01, 2003, the rates of pay set forth within Section A.1 shall be increased by ninety percent (90%) of that percentage increase in the Seattle Area Consumer Price Index, June 2001 through June 2002, for "Urban Wage Earners and Clerical Workers" (1982-84=100) as published by the Bureau of Labor Statistics. A.3 Effective January 01, 2004, the rates of pay which became effective January 01, 2000, shall be increased by ninety percent (90%) of that percentage increase in the Seattle Area Consumer Price Index, June 2002 through June 2003, for "Urban Wage Eamers and Clerical Workers" (1982-84=100) as published by the Bureau of Labor Statistics. A.4 Each employee is eligible for performance Step increases (Steps B through F) annually based upon the performance evaluation for the prior twelve (12) month period, providing job performance meets or exceeds standards. Such increases may be withheld or delayed for employee performance that does not meet standards, provided that the employee's performance deficiencies have been discussed and documented with the employee at least sixty (60) days in advance of the performance evaluation date to allow the employee sufficient time to correct his/her performance to meet standards. A.5 Eligibility for P3 moneys is contingent upon an employee reaching Step F and remaining employed through December 31. The actual performance payment shall be based upon existing City policy governing pay for performance. AGREEMENT 2002.2004 CITY OF FEDERAL WAY SIGNED PAGE 15 PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters CITY OF FEDERAL WAY, WASHINGTON By DAVID REYNOLDS, Secretary-Treasurer By DAVID MOSELEY, City Manager Date Date K: IT earnslersl T earnstersAg reemenl AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON . and AGREEMENT 2002.2004 CITY OF FEDERAL WAY SIGNED PAGE 16 PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Employees) January 01, 2002 through December 31, 2004 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES ARTICLE II ARTICLE III HOURS OF WORK ARTICLE IV OVERTIME AND SPECIAL PAY ARTICLE V WAGES ARTICLE VI HOLIDAYS ARTICLE VII VACATIONS ARTICLE VIII LEAVES ARTICLE IX HEALTH AND WELFARE BENEFITS ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING DISCIPLINE ARTICLE XI ARTICLE XII GRIEVANCE PROCEDURES MISCELLANEOUS MANAGEMENT RIGHTS ARTICLE XIII ARTICLE XIV 2 3 4 6 6 7 7 9 10 10 11 12 13 AGREEMENT 1999.2001 CI1Y OF FEDERAL WAY SIGNED PAGE 17 ARTICLE XV ARTICLE XVI APPENDIX "A" SAVINGS CLAUSE DURATION CLASSIFICAITONS AND RATES OF PAY 14 14 15 AGREEMENT 1999-2001 CllY OF FEDERAL WAY SIGNED PAGE 18 MEETING DATE: January 2, 2002 ITEM# JlZ2L CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CATEGORY: CITY COUNCIL COMMITTEE APPOINTMENT CONSIDERATIONS BUDGET IMPACT: D CONSENT D RESOLUTION [8 CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ----------- ATTACHMENTS: None SUMMARY/BACKGROUND: Pursuant to Council Rules of Procedure, Section 21, the Mayor makes committee appointments each January, taking into consideration the interests and requests of individual Councilmembers. Members, serve one-year terms, with each committee consisting of three members. The following committees have been established: II) FinancelEconomic Deyelopment/Regional Affairs (2) Land Useffransportation (3) ParkslRecreationIHuman ServicesIPublic Safety There may also be appointments other community and regional committees which have city appointment authority. ----------------------------------------------------------------------- ----- - -------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: nJa ---------------------------------------- PROPOSED MOTION: nJa - Councilmembers are asked to indicate their preferences for appointment to the various committees within the next two weeks. The Mayor will then make committee appointments at the next regular meeting on January 15, 2002. CITY MANAGER APPROVAL, ~ fr I¡JIYI (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 'l APPROVED J DENIED D TABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1 ST reading Enactment reading