Council PKT 10-19-1999 Special/RegularCITY CO UNCIL MEETING
AGENDA
OCTOBER 1~ 1999
COUNCILMEMBERS
Ron Gintz, Mayor
Jeanne Burbidge
Jack Dovey
Mary Gates
Linda Kochmar
Michael Park
Phil Watkins
City Manager
David H. Moseley
AGENDA
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
October 19, 1999
(www. ci.federal-way, wa. us)
SPECIAl, SESSION - 5:30 p.m.
CALL MEETING TO ORDER
EXECUTIVE SESSION
City Manager Performance Criteria/Pursuant to RCW 42.30.110
ADJOURNMENT
REGULAR IVIEETING - 7:00 p.m.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
IV.
PRESENTATIONS
Proclamation/National Crime Prevention Month
Lodging Tax Advisory Committee/Introductions & Certificates
City Manager/Introduction of New City Employees
City Manager/Emerging Issues
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens
may address City Council at this time. When recognized by the Mayor, please come forwqrd to the podiurn, adjust the
microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO
THR~...~E O) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other
individuals, or are otherwise inappropriate.
over please...
VI.
CONSENT AGENDA
(Items listed below have been previously reviewed by a Council Committee of three members and brought
before full Council for approval; all iten~ will be enacted by one motion; individual items may be removed by
a Councilmemberfor separate discussion and subsequent motion.)
ao
Minutes/October 5. 1999 Regular Meeting
$~te of WA J~tdicial Information System (HS) Equ~ment Interl0cal
Federal Way Entry Signs
Skate Park Project
CITY COUNCIL BUSINESS
VII.
ao
.~0uncil Rules of Procedure Amendments
Twin Lakes Homeowners Association Security Agreement
School District Security_ Interlocal Agreement
INTRODUCTION ORDINANCES
ao
Council Bill g230/Sensifive Areas Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING SECTION 22-1 AND AMENDING AND ADDING NEW
SECTIONS TO ARTICLE XIV OF CHAPTER 22 OF ~ FEDERAL WAY ZONING CODE,
REGARDING ENVIRONMENTALLY SENSITIVE AREAS.
Council Bill/f23'l/Trials & Competition/Park Regulations Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING ARTICLE III OF CHAPTER 11 OF THE FEDERAL WAY CITY
CODE TO PROVIDE THE DIRECTOR THE DISCRETION AND AUTHORITY TO ALLOW
TRIALS AND COMPETITIONS.
VIII.
CITY COUNCIL REPORTS
IX.
CITY MANAGER REPORT
Ko
XI.
EXECUTIVE SESSION
City Manager Evaluation/Pursuant to RCW 42.30.110(1)(g)
ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
PROCLAMATION
WHEREAS, the vitality of our city depends on how safe we keep our homes,
neighborhoods, work places and communities because crime and fear diminish the quality of life
for all; and
WHEREAS, crime and fear of crime destroy our trust in others and in institutions,
threatening the community's health and prosperity; and
WHEREAS, people of all ages must be made aware of what they can do to prevent
themselves, their families, neighbors and co-workers from being harmed by drugs, violence and
crime; and
WHEREAS, the personal injury, financial loss and community deterioration resulting from
crime are intolerable attd require action by the whole community; and
WHEREAS, critne prevention in~'ves must include bat go beyond self-protection and
security to promote collaborative efforts to make neighborhoods safer for ail ages and to develop
positive educational and recreal~'onal opportunities for young people; and
WHEREAS, adults must invest time, resources and policy support in effective prevention
and intervention strategies for youth, and teens must be engaged in driving crime from their
communities; and
WHEREAS, effective crime prevention programs excel because of partnerships among law
enforcetnent, other government agencies, civic groups, schools, faith communities, businesses and
individuals as they help to nurture communal responsibility and instill pride;
NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal
Way, Washington, do proclaim October 1999, as "CRIME PREVENTION MONTH" in the City of
Federal Way, Washington, and urge all citizens, government agencies, public and private
institutions and businesses to recognize the power of prevention by working together.
SIGNED this 19th day of October, 1999.
CITY OF FEDERAL WAY
Ron Gintz, Mayor
Michael Park, Deputy Mayor
Mary Gates, Councilmember
Jeanne Burbidge, Councilmember
Linda Kochmar, Counciltnember
Jack Dovey, Councilmember
Phil Watkins, Councilmember
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
~ CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $ N/A
Expenditure Amt: $ N/A
Contingency Reqd: SN/A
ATTACHMENTS: Minutes of the October 5, 1999 Regular City Council Meeting.
SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to
RCW Requirements.
CITY COUNCI]L COM]MITTEE RECOMMENDATION: N/A
..............................................................................
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-5/14/96
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
October 5, 1999
Regular Meeting - 7:00 PM
MINUTES
DRAFT
CALL MEETING TO ORDER
Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:03 PM
and noted Councilmember Watldns was excused.
Council Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey,
Gates, and Kochmar.
Staff Present: City Manager David Moseley, City Attorney Londi Lindell, Deputy City
Attorney Bob Sterbank, Assistant to the City Manager Derek Matheson, City Clerk Chris
Green and Deputy City Clerk Laura Ulanowski.
II.
PLEDGE OF ALLEGIANCE
Councilmember Gates led the Pledge of Allegiance.
III.
PRESENTATION
a. SPIRIT Award/Month of October
City Manager David Moseley granted the October SPIRIT Award to Cuong Ong of the
Management Services Department. Mr. Ong was unavailable to accept the award. Mr.
Moseley also introduced new staff to the Council.
b. Proclamation/Domestic Violence Awareness Month
Councilmember Dovey read the proclamation proclaiming October as Domestic Violence
Awareness Month and presented the proclamation to Martine, a member of DAWN, the
Domestic Abuse Women's Network.
c. Public Safety Department Award/Community Grant Appreciation
Chief Ron Wood presented the Community Grant Appreciation Award to Target Stores for
their work in community safety programs. Accepting the award for Target was Beth Adams,
Asset Protection Team Lead.
Federal Way City Council Meeting
October 5, 1999 - Page 2
d. Oath of Office/City Manager David H. Moseley
City Clerk Christine Green swore in Mr. David Moseley as the new City Manager for the City
of Federal Way.
Council recessed for a short public reception to welcome Mr. Moseley at 7:20 PM.
Mayor Gintz reconvened the regular meeting at 7:30 PM.
IV.
CITIZEN COMMENT
Prakash Melott, Diversity Commissioner, spoke on behalf of the Diversity Commission and
thanked Council for their support and assistance on commission projects. Mr. Melott stated the
commission wished to increase their visibility in the community.
Michael Hellickson, asked that the level of compensation paid to Mr. Parke on the property
condemnation be fair, and asked about 1-695 and the city's plans if the initiative passes.
Mayor Gintz responded Mr. Parke will be paid fair market value for his property; and Council
will meet to discuss the impacts of 1-695 to the city.
Bob McKenzie, welcomed David Moseley as the new City Manager, and expressed support for
the Twin Lakes Community Policing Program.
David Myers, deferred to Mr. McKenzie's comments in support of community policing in the
Twin Lakes area.
Bert Ross, Lakehaven Utility District, stated he is available to answer Council questions if
necessary regarding the Lakehaven Comprehensive Water Plan.
Mickey Gendler, representing Mr. Roy Parke, opposes the condemnation of his property and
stated he was never notified that this item was on the agenda this evening for Council
approval.
CONSENT AGENDA
Minutes/September 21, 1998 Regular Meeting - Approved
Voucher/October 5, 1999 - Approved
Monthly Financial Report/Month of August 1999 - Approved
Council Bill #229/Parke Property Condemnation/SW 356~ St
Enactment Ordinance - Approved Ordinance # 99-350
US Bank Depository Resolution - ADDED ITEM - Approved Resolution # 99-
3O4
Federal Way City Council Meeting
Octob~ 5, 1999 - Page 3
MOTION BY COUNCILMEMBER GATES TO ADD AN ITEM TO THE CONSENT
AGENDA TO APPROVE A RESOLUTION DESIGNATING US BANK AS THE CITY'S
PRIMARY DEPOSITORY BANK AND ESTABLISHING THE CITY MANAGER AND
MANAGEMENT SERVICES DIRECTOR AS THE AUTHORIZED SIGNERS ON THE
ACCOUNT. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows:
Burbidge yes Dovey yes
Gates yes Gintz yes
Kochmar yes Park yes
Watkins excused
MOTION BY DEPUTY MAYOR PARK TO APPROVE THE CONSENT AGENDA.
COUNCILMEMBER DOVEY SECOND.
Mayor Gintz pulled Consent Item (d) - Parke Property Condemnation Ordinance.
The motion to approve consent items (a), (b), (c) and (e) carried as follows:
Burbidge yes Dovey yes
Gates yes C_fintz yes
Kochmar yes Park yes
Watkins excused
Consent Item (d) - Mayor Gintz and City Attorney Londi Lindell stated passing this ordinance
does not condemn Mr. Parke's property; it simply states the City's position to proceed with the
condemnation process.
MOTION BY MAYOR GINTZ TO APPROVE CONSENT ITEM D- PARKE PROPERTY
CONDEMNATION. COUNCILMEMBER DOVEY SECOND. The motion carried as
follows:
Burbidge yes Dovey yes
Gates yes Gintz yes
Kochmar yes Park yes
Watkins excused
VI.
CITY COUNCIL BUSINESS
a. l_xxlging Tax Advisory,Committee Appointments
MOTION BY COUNCILMEMBER GATES TO APPOINT THOMAS INMAN AND DAVID
DE GROOT AS REGULAR MEMBERS TO THE COMMITrEE, AND ALISON
CORRIGAN AS ALTERNATE. COUNCILMEMBER KOCHMAR SECOND.
Federal Way City Council Meeting
October 5, 1999 - Page 4
The motion carried as follows:
Burbidge yes Dovey yes
Gates yes G-intz yes
Kochmar yes Park yes
Watkins excused
b. Lakehaven Water/Sewer District Comprehensive Water Plan
Councilmember Kochmar recused herself from this issue as she is employed by the Lakehaven
Utility District.
Public Works Director Cary Roe presented background on this issue stating the City extended
the time to approve the plan several times to allow for thorough review. Mr. Roe detailed
several areas of concern for the Council, and stated the City recommends approval of the
comprehensive plan as long as the concerns are noted.
MOTION BY MAYOR GINTZ TO ADOPT THE LAKEHAVEN WATER/SEWER
DISTRICT COMPREHENSIVE WATER PLAN AS PRESENTED WITH CITY'S
CONCERNS NOTED. COUNCILMEMBER DOVEY SECOND.
MOTION TO AMEND THE MAIN MOTION TO HAVE THE CITY'S CONCERNS
NOTED IN THE MOTION AND TO HAVE THOSE CONCERNS ADDRESSED BY
DECEMBER 2000.
The amendment to the motion failed 3-2 as follows:
Burbidge yes Dovey no
Gates yes Gintz no
Kochmar recused Park no
Watkins excused
The main motion carried 5-0 as follows:
Burbidge yes Dovey yes
Gates yes Gintz yes
Kochmar recused Park yes
Watkins excused
VII.
CITY COUNCIL REPORTS
Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services/Public
Safety Committee is scheduled for October 11, 1999 at 5:30 PM. On the agenda is the Skate
Park issue.
Federal Way City Council Meeting
October 5, 1999 -Page 5
Councilmember Burbidge reported she testified at a hearing of the Local Government
Committee on September 30, 1999 regarding buildable lands. Councilmember Burbidge stated
the housing densities in Federal Way are higher than the cities of Bellevue, Issaquah, Bothell,
and Auburn, among others.
Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional
Affairs Committee is scheduled for October 26, 1999 at 5:30 PM. Councilmember Gates also
attended a Suburban Cities Meeting on October 13, 1999 and gave out the Sound Transit web
address for bus scheduling questions.
Councilmember Kochmar thanked staff for the open house at Sea Tac Mall on downtown
revitalization.
Deputy Mayor Park reported a delegation from Hachinohe visited City Hall on October 1,
1999 and they were thankful to the City of Federal Way for all of their support. Deputy
Mayor Park also stated the Sister City Association hosted a dinner for the delegation at the
Comfort Inn to celebrate the friendship between the two cities.
Mayor Gintz stated he is pleased that the Skate Park issue is on the Parks/Recreation
Committee meeting for discussion.
VIII.
CITY MANAGER REPORT
City Manager David Moseley thanked Council for their confidence in him to work for the City
of Federal Way. Mr. Moseley stated Celebration Park had a very successful summer and
Sacajawea Sports Field received a ranking of #1 for a funding application submitted for grant
monies to revitalize the field.
EXECUTIVE SESSION
The executive session was canceled.
ADJOURNMENT
There being no further business before the Federal Way City Council, Mayor Gintz adjourned
the regular meeting at 8:53 PM.
Laura Ulanowski, Deputy City Clerk
MEETING DATE: October 19, 1999
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Judicial Information System (JIS) Interlocal Agreement
CATEGORY: BUDGET IMPACT:
X CONSENT RESOLUTION Amount Budgeted: $ 27,600 (approx.)
ORDINANCE . STAFF REPORT Expenditure Amt: $ 27,600 (approx.)
BUSINESS PROCLAMATION Contingency Reqd: $ -0-
HEARING STUDY SESSION
FYI OTHER
SUMMARY/BACKGROUND: The Judicial Infonuation System (JIS) is a statewide computer system that tracks eases in
municipal and other courts. The system is managed by the state's Office of the Administrator for the Courts (OAC), which normally
purchases, maintains, and replaces all hardware and software necessary for the system.
Because the State Legislature did not anticipate the formation of the Federal Way Municipal Court, OAC does not have the necessary
funding in its budget to bring Federal Way on line. Therefore, staffhave worked out an agreement with OAC whereby the City will
contribute the funds necessary to purchase the equipment, and OAC will purchase the equipment, maintain it, and add it to its normal
replacement schedule. This approach has been used in other start-up municipal courts.
CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the City Manager to execute the attached
...~ ~!~!..a.~.t..,w..!~. ,~.~.~.~.[o.t .~.~,~.~~..n..,~...~.~..a~. ~..o~ .~...n..,S..~?.~: ...............................................................
CITY MANAGER RECOMMENDATIONI(,/k~uthorize the Ci_qj.i.i.i.i.i.i.ity..~Manager to execute the attached interloeal agre,~ent
..... ................... ...........
(BF_.LOW TO BE COMPLETED BY CITY CLF~RK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMbIITTEE
Date:
From:
October 11, 1999
Derek Matheson, Assistant to the City Mana~/'~'
Subject:
Judicial Information System (JIS) Interlocal Agreement
Backnround:
The Judicial Information System (liS) is a statewide computer system that tracks cases in municipal
and other courts. The system is managed by the state's Office of the Administrator for the Courts
(OAC), which normally purchases, maintains, and replaces all hardware and software necessary for
the system.
Because the State Legislature did not anticipate the formation of the Federal Way Municipal Court,
OAC does not have the necessary funding in its budget to bring Federal Way on line. Therefore, staff
have worked out an agreement with OAC whereby the City will contribute the funds necessary to
purchase the equipment, and OAC will purchase the equipment, maintain it, and add it to its normal
replacement schedule. This approach has been used in other start-up municipal courts.
The estimated $27,600 expenditure is anticipated in the Municipal Court's start-up budget.
Committee Recommendation:
Authorize the City Manager to execute the attached interlocal agreement with the State for the
purchase of equipment necessary to operate the IIS system.
STATE OF WASHINGTON
INTERLOCAL COOPERATIVE AGREEMENT
ICA-2000-088
BETWEEN
THE OFFICE OF THE ADMINISTRATOR FOR THE COURTS
AND
CITY OF FEDERAL WAY, WASHINGTON
FOR
LIMITED REIMBURSEMENT FOR JIS EQUIPMENT
THIS AGREEMENT is made and entered into by and between the Office of the Administrator for the
Courts, hereinafter referred to as "OAC", and City of Federal Way, Washington, hereinafter referred to as
the "CITY", for and on behalf of the Federal Way Municipal Court, hereinafter referred to as the "COURT",
pursuant to the authority granted by Chapter 39.34 RCW, Interlocal Cooperation Act.
PURPOSE: The OAC, the courts of the state of Washington, and the Washington counties and cities
share a vital interest in the Judicial Information System (JIS). This Agreement will assist the COURT
and CITY in obtaining equipment necessary to access the JIS which will increase the effectiveness
of the JIS.
2. RESPONSIBILITIES:
2.1 The OAC will purchase 10 personal computers, 2 report printers with print servers, and 2
receipt printers with print servers. Equipment will meet OAC's specifications.
2.2 The CITY will reimburse OAC for the actual purchase costs, including tax and
shipping/handling charges, of the JIS equipment.
2.3 The COURT will use the equipment primarily for JIS purposes.
3. TERM OF AGREEMENT: This Agreement shall be in effect through June 30, 2000 unless sooner
terminated pursuant to Section 7 of this Agreement.
MANNER OF FINANCING: OAC shall purchase the equipment and shall invoice the CITY for the
actual cost of the equipment. Based upon past experience, OAC estimates the actual cost, which
includes tax and shipping/handling charges, to be $27,600. Payment to OAC shall be made within
30 days after the receipt of an invoice.
In consideration of the paymen~ OAC agrees to maintain the equipment and
replace it commensuratewith its replacement schedule for Municipal courts,
at no cost to the CITY.
Page 1
o
ADMINISTRATION: The following individuals are designated as representatives of the respective
parties. The representatives shall be responsible for administration of this Agreement and for
coordinating and monitoring performance under this Agreement. In the event such representatives
are changed, the party making the change shall notify the other party.
5.1 The CITY's representative shall be Derek Matheson.
5.2 The COURT'S representative shall be Sandra Warter.
5.3 The OAC's representative shall be Patty Frost.
TREATMENT OF ASSETS AND PROPERTY: OAC shall be the owner of any and all fixed assets
or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this
Agreement.
TERMINATION: Either party may terminate this Agreement upon thirty (30) days written notice to the
other party. In the event of termination of this Agreement, the CITY shall be liable only for payment
for equipment ordered by OAC prior to the effective date of termination.
o
CHANGES, MODIFICATIONS. AMENDMENTS AND WAIVERS: This Agreement may be
changed, modified, amended or waived only by written agreement executed by the parties hereto.
Waiver of any breach of any term or condition of this Agreement shall not be considered a waiver of
any prior or subsequent breach.
o
SEVERABILITY: If any provision of this Agreement, or any provision of any document incorporated
by reference shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement which can be given effect without the invalid provision and to this end the provisions of
this Agreement are declared to be severable.
10.
ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the
parties. All items incorporated herein by reference are attached, with the exception of the OAC
equipment specifications. No other understandings, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind any of the parties hereto.
11. EXECUTION: We, the undersigned, agree to the terms of the foregoing Agreement.
CITY OF FEDERAL WAY
STATE OF WASHINGTON
OFFICE OF THE ADMINISTRATOR
FOR THE COURTS
Signature/Title
Tom Clarke
Information Systems Division
APPROVED AS TO FORM ONLY BY:
CITY OF FEDERAL WAY PROSECUTING
ATTORNEY'S OFFICE
Page 2
APPROVED AS TO FORM ONLY BY:
STATE OF WASHINGTON
OFFICE OF THE ATTORNEY GENERAL
James K. Pharris, Assistant Attorney General
MEETING DATE: October 19, 1999
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Federal Way Entry Signs
CATEGORY: BUDGET IMPACT:
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $ 2,500 (approx.)
Expenditure Amt: $ 2,500 (approx.)
Contingency Reqd: $ -0-
SUMMARY/BACKGROUND: Earlier tiffs year, a project group from the 1998-99 Advancing Leadership class proposed
that the City install new sil~ to demarcate the city limits and replace the current "Entering Federal Way" signs located on 16 arterials.
The group presented two designs to the City Council's Finance, Economic Development & Regional Affairs Committee (FEDRAC).
The Committee endorsed the project in concept and asked staffto work with the Advancing Leadership group to develop criteria and
alternate designs for consideration. The resulting criteria and designs were reviewed by the community at a forum in July. A preferred
design was forwarded to the Arts Commission with three different variations in text. The attached sign represents the Commission's
recommendation.
At FEDRAC's directio~ this item is being brought back to the City Council for final approval. The signs will be manufactured and
........................................................................................................................................................................................
.....
CITY MANAGER RECOMMENDAT~.end avpmV~l ,
......... ..................
/
~OW TO BE COMPLETED BY CI~ CLE~'S OFFICE,) /
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
0
CITY OF
MEETING DATE: October 19, 1999 ITEM# ~-~ (.,~)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Skate Park
CATEGORY:
BUDGET IMPACT: $250,000
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
SUMMARY/BACKGROUND: On September 27, 1999, staff gave an update to the Council Committee
on the status of Skate Park. Staff have completed the pre-application process for permits from the
Community Development Department. One of the outcomes from the review based on the project value of
$250,000 may be the code requirements to improve the entire site to current development standards for
streets, storm water and parking. Given this information, staff contracted for an appraisal of Steel Lake
Park to establish the entire park improvement value including the beach house. Staff began to review other
park sites as possible alternatives in the event the appraisal caused the design to be reconfigured.
Alternative sites included the area north of the restroom concession building at Celebration Park and the
entrance to the BPA Trail Phase I at the intersection of 324th and 11th. The current appraisal for Steel Lake
Park identified the structure/building improvement value to be $1,720,000. Therefore, the City could
improve the site by $430,000 without triggering the City's code requirement for the entire site to conform
.. ..............................................................................................................................................................................
..
CITY COUNCIL COMMITTEE RECOMMENDATION: On September 27, 1999, the Parks,
Recreation, Human Services & Public Safety Council Committee made a motion to spend up to $250,000
to build skate park and instruct staff to move forward with this project. Funding source to be determined
..,,b.Y...[..h...e...,C,.!.t.7.....M....a..n...a..s..e.r: ............................................ '. ................... .........................................................................
.......................................................
CITY MANAGER RECOMMENDATI ,O~/. ~ecommend Council consider funding for this project as
.. p..a...rJ....~...f..t...h..e.....m.~!~d..~..b.!..e....n~....i...u...m....b...u..d.g..e..t...~d~..u..5..t..m...e..'n..t.:____: x ....................................................................
...................................................................................
APPROVED FOR INCLUSION IN COUNC~
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1 st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-5/14/96
Item 5B
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
From:
Subject:
September 21, 1999 ~/~
David Wilbrecht, Deputy'DirectolO/' ' ~
Parks, Recreation and Cultural Services Department
Skate Park
Background
As you know, the area north of the soccer field at Steel Lake Park was the recommended site for the
Skate Park. The site had many of the elements that skaters requested during public meetings such
as easy access to bus routes, open and accessible by walking or riding bicycles, easily seen from the
street and near restrooms and drinking fountains. Staff reported to the Council Committee on July
26 that the Skate Park project had completed the pm-application process for permits from the
Community Development Department. One of the outcomes from the review based on the project
value of $250,000 may be the code requirements to improve the entire site to current development
standards for streets, storm water and parking. Given this information, staff contracted for an
appraisal of Steel Lake Park to establish the entire park improvement value including the beach
house. Based on the outcome of the appraisal, the park will either be constructed as designed or
reconfigured to keep the project within the original cost estimate of $250,000. In the event the
appraisal causes the design to be configured, staff has begun to review other park sites as possible
alternatives. These include the area north of the restroom concession building at Celebration Park
and the entrance to the BPA Trail Phase I at the intersection of 324~h and 11 th.
A major cost saving consideration for building the Skate Park at Celebration Park is that many
improvements required by the City's development guide have already been met during the park
development. These include parking, restrooms, street improvements and landscaping. The Skate Park
would need to be modified from its current configuration and there would be a loss of some of the elements
due to site constraints since it is smaller than the Steel Lake site. This area has also been considered for other
uses such as a batting cage, play area and an open green space for more passive recreation.
.The BPA site is not part of the Celebration Park development; consequently the development application
would be made requesting a variance that would allow credit for the improvements at Celebration Park
indicated above since it is contiguous to the BPA Trail. If these improvements could not be utilized, staff
anticipates some site improvements. We are currently reviewing these requirements with the City's
Community Development Department and will report our findings at the September 27, 1999 Parks,
Recreation, Human Services and Public Safety Council Committee meeting.
In the event that the cost of the project exceeds 25% of the appraised value of Steel Lake Park, staff
recommends the Parks and Recreation Commission reviexv alternative site locations including the two
mentioned above and report their recommendation as soon as possible. Staffwill present their findings on
the appraisal and recommendations on September 27 meeting.
T
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: CITY COUNCIL RULES OF PROCEDURE
CATEGORY: BUDGET IMPACT:
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: City Council Rules of Procedure "Striker" Draft 9/23/99 with FEDRAC changes of
10/1/99 and a "Clean" Draft incorporating all changes
SUMMARY/BACKGROUND: Since the Council Rules of Procedure ("Rules") have not been revised
since 1994, the attached proposed revisions are an attempt to streamline the Rules to avoid duplication and
to make the Rules more "user friendly" by cross-referencing certain sections. Recent comments made by
various City Councilmembers have also been incorporated in the proposed revisions to the Rules. The
Rules went before the FEDRAC Council Committee on October 1, 1999. Revisions are noted by strike-
throughs and underlines in the striker draft. Revisions made by FEDRAC are indicated in Italics and
double-underlined. Since it is difficult to read the "striker" draft, we have also included a clean copy of
the Rules for your review that incorporates all changes.
CITY COUNCIL COMMITTEE RECOMMENDATION: Forward revisions to City Council Rules
of Procedure to full Council for approval.
approve City Council Rules of Procedure. as }4vised.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:\Agnditem\ccrules.cc
"STRIKER" DRAFT 9~23~99
with FEDRAC Changes of 10/1/99
in Italics and Double Underlined
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21, 1994
December 6, 1994
OFFICE OF THE CITY CLERK'S OFFICE
SECTION NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
INDEX
TITLE
Authority
Council Meetings
Agenda Preparation
Council Discussion
Citizen Comment~ ---' ~'--'" .....'- ~' '
Motions
Ordinances
Mayor and Deputy Mayor
Council Relations with City Staff
Council Meeting Staffing
Councilmember Attendance at Meetings
Public Hearings
Media Representation at Council Meetings
Council Representation
Confidentiality
Council Travel & Expenses
PAGE NO.
4
4
910
~t~12
~-~12
~t~13
~315
~r415
~P316
~617
~1618
-1618
~t-~ 19
~F~19
~F~19
· 820
SECTION NO.
17
18
19
2O
21
22
23
24
TITLE
Public Records
City Manager Evaluation Process
MayoflDeputy Mayor Selection Process
City Advisory Committees
Council Committees
Filling City Council Vacancies
Miscellaneous
Suspension and Amendment of Rules
PAGE NO.
26 28
26 28
2-~ 29
2-~ 29
3-~ 33
32 35
35 38
36 38
SECTION 1.
AUTHORITY
1.1
The Federal Way City Council hereby establishes the following r_Rules
of Procedure ("Rules") for the conduct of Council meetings,
proceedings and business. These rRules shall be in effect upon
adoption by the Council and until such time as they are amended or
new r__Rules adopted in the manner provided by these r_Rules.
SECTION 2.
COUNCIL MEETINGS
2.1
TYPES OF MEETINGS:
()
Regular Meetings. Council's regular meetings will be held the
first and third Tuesdays of each month in Council Chambers,
City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and
will adjourn no later than 10:00 p.m. To continue past this time
of adjournment, a majority of the Council must concur.
[Moved from §2.3] If any Tuesday on which a meeting is
scheduled falls on a legal holiday, the meeting shall be held at
7:00 p.m. on the first business day following the holiday, or on
another day designated by a majority vote of the Council.
(2)
Special Meetings. A Special meeting is any Council meetinq
other than a Regular Council meeting. [Moved from § 2.9(2)]
Notice shall be given at least 24 hours in advance specifying the
time and place of the meeting and the business to be transacted.
[Moved from §2.9(2)] A Special Council meeting may be
scheduled by the Mayor, City Manager or at the request of a
majority of the Councilmembers.
(3)
Study Sessions. Council's Study Sessions will be held, when
needed, as follows:
Specia~ sStudy sessions may be called by the Mayor, City
Manager or by two (2) or more Councilmembers.
Study Sessions will be informal meetings for the purpose of
reviewing forthcoming programs, receiving progress reports on
current programs or projects, or receiving other similar
information. The Mayor and City Manager will determine on-
going dedicated schedules for regular study sessions.
No final decisions can be made at a Study Session. Decisions
on those issues will be scheduled for a Regular or Special
Council meeting.
',,,,,-,-,,,u-"-'":-- th~- hc, liday, or ,,,,-- a,nc, th~r day
,,,,,~,,,.,,."-"--:' [moved to § 2.1, Regular Meetings]
(4)
Emergency Meetings. An Emergency meeting is [moved from §
2.9(3)] a Special Council meeting called without the 24-hour
notice. An Emergency meeting deals with an emergency
involving injury or damage to persons or property or the
likelihood of such injury or damage, when time requirements of
a 24-hour notice would make notice impractical and increase the
likelihood of such injury or damage. Emergency meetings may
be called by the City Manager or the Mayor with the consent of
a majority of Councilmembers. The minutes will indicate the
reason for the emergency.
(5)
Executive Session Meetings. a An Executive Session is a
[moved from § 2.9(4)] Council meeting that is closed except to
the Council, City Manager and authorized staff members and/or
consultants authorized by the City Manager. The public is
restricted from attendance. Executive sessions may be held
during Regular or Special Council meetings and will be
announced by the Mayor or the Chair of the Special Council
Committee, respectively. Executive session subjects are limited
pursuant to Chapter 42 RCW, to including considering
---" .... '--: .....' '=-- '- real property-acquisition and sale,
public bid contract performance, complaints against public
officers and employees, public employment applications and
public employee evaluation, elective office appointments and
attorney-client discussions.
Before convening an Executive session, the Mayor or Chair shall
announce the purpose of the meeting and the anticipated time
when the session will be concluded. Should the session require
more time, a public announcement shall be made that the
meeting is being extended.
heerif~. [moved to § 12.1]
'l'Vrti--C~ /'~E R/ll::r"'l'lkl/~_C~.
meetifl~. [Moved to § 2.1(2)] "-':-- -'--" "- -
,....,..~ o,,.,, .~ §ivan ot Isa~t 24
6
,-," ......... ,,=, uT,,,-y - [moved to § 2.1(4)]
t'-,~'" Exscutiv~ - [moved to § 2.t(5)]
2.-162
ORDER OF REGULAR COUNCIL MEETING AGENDA:
(1) Call Meeting To Order
The Mayor calls the meeting to order. The Mayor will announce
the attendance of Councilmembers and indicate any
Councilmember who is not in attendance and whether or not the
Councilmember has an excused absence. The Mayor may, with
the concurrence of the Councilmembers, take agenda items out
of order. Agenda items may be added pursuant to Section 3.3 of
these Rules.
(2) Pledge of Allegiance
Councilmembers and, at times, invited guests lead the flag
salute.
(3) Proclamations and Presentations
A Proclamation is defined as an official announcement made by
either the City Council or the Mayor.
City Council Proclamations are defined as those non-
controversial events which have a major citywide impact. City
Council Proclamations shall be publicly read at a City Council
meeting and presented to a representative of the event during
the Council meeting.
Mayor's Proclamations are defined as those non-controversial
events which are requested by and for a special interest group
within the City. Mayor's Proclamations are signed by the Mayor
and forwarded to a representative of the event.
(4)
(s)
The Mayor and City Manager shall determine if the Proclamation
request is for a City Council Proclamation or a Mayor's
Proclamation.
Controversy is defined as a dispute, especially a lengthy and
public one, between sides holding opposing views.
City Manager - Introduction of New City Employees and
Emerqinq Issues
Audieflee Citizen Comment
Members of the audience may comment on items relating to any
matter. [Moved from § 2.7] Citizen comment,'p[;b;[c h;;dn§ sign-
ups will be available at each regular council meeting for the use
of those citizens wishing to address the Council. Comments are
limited to three (3) minutes per person.
The Mayor may allow Gcitizens rna~ t_o comment on individual
agenda items at times during any regularly scheduled City
Council meeting other than the regularly scheduled Citizen
Co piod p'- '~ ..... :' ": ......:-- Th g
mment er ric, r ,~, ~,~,~,,,,.,, ,,,o,.~,oo,~,,,. ese a enda
items include, but are not limited to, ordinances, resolutions and
Council Business issues ...... ~ '
---':-- (See also Section 5, "Citizen Comment" of
these Rules.)
Consent Agenda
Consent Agenda items have either been fully considered by a
City Council Committee or are considered to be routine and non-
controversial and may be approved by one motion. Items on the
Consent Agenda include but are not limited to, minutes,
resolutions and ordinances discussed at a previous City Council
or Committee meetings, bid awards and previously authorized
agreements. Any Councilmember may remove any item from the
Consent Agenda for separate discussion and action.
8
,.J -- -- : .J -- I... ----:--.:4....--&-- ...L--4, L--. 4,-- ...--;..-- &l.-- &:---- I:--:&-- --.
~AG~.~IUG, i~,~ IIICI)~.~I IL.y V~,/LGI IIlIGLIIGI L~,,~ IIOlIG LIIG LIIIIG IIIIIIL~ ~/I
(6)
Public Hearings. See Section 12 of these Rules for discussion
of public hearing procedure.
(7) Council Business
Council Business items are usually those items other than
resolutions and ordinances requiring Council action.,.,,.,,.,,,,..,,
[3) . . -- : -- ~ -- -- -'d.----A --.-- I & .J &L ,.d,. A
I,./Mq,,~IIIGq,.~.,,~ ILGIII,~ GIG IIIIIILGM LV LIIII Ldy ~,,/V~ IIIIII~,JLGG ~,PG'I ILGIII.
(8) Introduction and First Reading of Ordinances
Discussion and debate by the City Council ",4== may be held at
this time. Councilmembers may request sh=== d~cld~ wh~th~r tc,
amendments to the ordinance at this time or at any time prior to
adoption, direct staff to further review the ordinance, or approve
placing the ordinance on the Consent Agenda at an upcoming
Regular Council meeting for enactment as an enforceable City
law.
(-1~9) Council Reports
The Councilmembers may report on significant activities since
the last meeting.
( 10)
City Manager Report
The City Manager and staff update the Councilmembers on
current issues or items of Council interest.
(-1-311) Adjournment
With no further business to come before the Council, the Mayor
adjourns the meeting.
[moved to § 6 17]
~,~,,~ .... ,,,,.~,,t r~[~r
2.3 MEETING MINUTES:
[Moved from § 2.8] The City Clerk will keep an account of all proceedings of
the Council in accordance with the statutory requirements, and proceedings
will be entered into a minute book constituting the official record of the
Council. City Council meeting minutes will not be revised without a majority
affirmative vote of the Council at a regularly scheduled Council meeting.
SECTION 3.
AGENDA PREPARATION
3.1
The City Clerk will prepare an agenda for each Council meeting
specifying the time and place of the meeting, and settinq forth a brief
10
general description of each item to be considered by the Council. The
agenda is subject to approval by the Mayor and the City Manager.
3.2
An item may be placed on a Council meeting agenda by any of the
following methods:
(1)
(2)
(3)
(4)
(s)
(6)
A majority vote of the Council;
Council consensus;
By any two (2) Councilmembers;
By the City Manager;
By a Council Committee; or
By the Mayor.
A draft agenda will be provided to all City Councilmembers who shall
have approximately 48 hours to review prior to publication.
3.3
An item may be placed on a regular Council meeting agenda after the
agenda is closed and the notice published if the Councilmember or City
Manager explains the necessity and receives a majority vote of the
Council at a public meeting.
3.$4
The City Clerk will endeavor to schedule sufficient time between public
hearings and other scheduled items, so the public is not kept unduly
waiting, and so the Council will have sufficient time to hear testimony
and to deliberate matters among themselves.
3.65
Legally required and advertised public hearings will have a higher
priority over other time-scheduled agenda items which have been
scheduled for convenience rather than for statutory or other legal
reasons.
3.86
Agendas will be finalized by Tttesday Wednesday, noon - approximately
one (1) week prior to the Council meeting. Agenda materials will be
available, at City Hall, for the Council, City staff, media and public on
the Friday before the meeting.
11
3.9_7
All agenda items packet reports will be in the format provided by the
City Clerk's Office.
3.~e8
The Council may use the agenda item cover sheet "Recommendation
Statement" language for making a motion.
SECTION 4.
COUNCIL DISCUSSION
4.1
All Council discussion shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED.
SECTION 5.
CITIZEN COMMENTS.,
AND
5.1
5.2
5.3
Persons addressing the Council, who are not specifically scheduled on
the agenda, will be requested to step up to the podium, give their name
aftd~dd~ for the record, and limit their remarks to three (3) minutes.
All remarks will be addressed to the Council as a whole. Any person
making personal, impertinent, or slanderous remarks, orwho becomes
boisterous, threatening, or personally abusive while addressing the
Council, may be requested to leave the meeting.
The Mayor has the authority to preserve order at all meetings of the
Council, to cause the removal of any person from any meeting for
...... ; The
disorderly conduct and to enforce these Rules -' '" '~ '
Mayor may command assistance of any peace officer of the City to
enforce all lawful orders of the Mayor to restore order at any meeting.
Citizens with complaints, concerns or questions, will be encouraged to
refer the matter to the City Manager, or ask that the matter be placed on
a future City Council meeting, or Council Committee agenda with the
appropriate background information. Any citizen who voices a concern
or complaint at a City Council meeting which involves a potential
violation of the City's Code of Ethics shall be advised by the Council,
or City Management staff, of the existence of the City's Board of Ethics,
and of the procedures for requesting Ethics Board opinions and/or
investigations from the Ethics Board.
12
SECTION 6. MOTIONS
6.1
If a motion does not receive a second, it dies. Motions that do not need
a second include: Nominations, withdrawal of motion, agenda order,
request for a roll call vote, and point of order.
6.2
A motion that receives a tie vote is deemed to have failed.
6.3
When making motions, be clear and concise and not include arguments
for the motion within the motion.
6.4
After a motion and second, the Mayor will indicate the names of the
Councilmembers making the motion and second.
6.5
After a motion has been made and seconded, the Council may discuss
their opinions on the issue prior to the vote. No further citizen
comments may be heard when there is a motion and a second on the
floor, unless allowed by the Mayor.
6.6
When the Council concurs or agrees to an item that does not require a
formal motion, the Mayor will summarize the agreement at the
conclusion of the discussion.
6.7
A motion may be withdrawn by the maker of the motion, at any time,
without the consent of the Council.
6.8
A motion to table is undebatable and shall preclude all amendments or
debates of the issue under consideration. If the motion to table
prevails, the matter may be "taken from the table" only by adding it to
the agenda of a future Regular or Special meeting at which time
discussion will continue; and if an item is tabled, it cannot be
reconsidered at the same meeting.
6.9
A motion to postpone to a certain time is debatable as to the reason for
the postponement but not to the subject matter of the motion; is
amendable; and may be reconsidered at the same meeting. The
question being postponed must be considered at a later time at the
same meeting, or to a time certain at a future Regular or Special City
Council meeting.
6.10
A motion to postpone indefinitely is debatable as to the reason for the
postponement but not to the subject matter of the motion; is not
13
6.11
6.12
6.13
6-_ 14
6.-t81_~6
amendable, and may be reconsidered at the same meeting only if it
received an affirmative vote.
A motion to call for the question shall close debate on the main motion
and is undebatable. This motion must receive a second and fails
without a two-thirds' (2/3) vote; debate is reopened if the motion fails.
A motion to amend is defined as amending a motion that is on the floor
and has been seconded, by inserting or adding, striking out, striking
out and inserting, or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda
order, lay on the table, roll call vote, point of order, reconsideration and
take from the table. A motion to amend an amendment is not in order.
Amendments are voted on first, then the main motion as amended (if
the amendment received an affirmative vote).
edundant wi 6. D,o,.,,oo,,,,,,,, ,,,= ,,,,,,,,,,, ,,,.,.,,,o,=,-'~--,=, th..
At the conclusion of any vote, "--,,,= ":'--,,,,y C;sr~ '":",,,, ,,,,,.,,:-'----,,. the Mayor will
announce of the results of the vote.
When a question has been decided, any Councilmember who voted in
the majority may move for a reconsideration, but no motion for
reconsideration of a vote shall be made after the meeting has
adjourned.
The City Attorney shall decide all questions of interpretations of these
r_Rules and other questions of a parliamentary nature which may arise
at a Council meeting. (See also Section 4 of thes_~e Rules of-P'meedu~e.)
III LIIG GYGIIt ~.~1 ICI I*,~VIIIII~L1 LII;~G q~d'~l~lll*,~ll IXUlGg ~IICIII ~IGYCIII,
6.17
[Moved from § 2.10] Roll call votes will oniy be taken durin_(I all
televised Council meetings on nonunanimous votes, or if requested by
a Councilmember, or as required by law. The purpose of roll call votes
is to assist the City Clerk in recording the vote and to communicate to
the viewin.q_ public durin.q_ televised City Council meetings the outcome
of the vote. The official meeting minutes will always reflect roll call
votes on each action item.
SECTION 7.
ORDINANCES
7.1
All ordinances shall be prepared or reviewed by the City Attorney. No
ordinance shall be prepared for presentation to the Council, unless
requested by a majority of the Council, or requested by the City
Manager or City Attorney.
7.2
Ordinances will be introduced and enacted by a Council Bill Number.
After enactment, the City Clerk shall assign a permanent ordinance
number.
7.3
The Mayo~ City Clerk or designee shall read the title of the ordinance
prior to voting unless the ordinance is on the Consent Agenda.
7.4
Upon enactment of the ordinance, the City Clerk shall obtain the
signature of the City Attorney. After the City Attorney's signature, the
City Clerk shall obtain the signature of the Mayor. After the Mayor's
signature, the City Clerk shall sign the ordinance.
7.5
Ordinances, or ordinance summaries, shall be published in the official
newspaper, as a legal publication, immediately following enactment.
7.6
Ordinances become effective thirty (30) days after the passage of the
ordinance unless otherwise specified.
SECTION 8.
MAYOR AND DEPUTY MAYOR
8.1
The Presiding Officer at all meetings of the Council shall be the Mayor,
and in the absence of the Mayor, the Deputy Mayor will act in that
capacity. If both the Mayor and Deputy Mayor are absent, the
Councilmembers present shall elect one of its members to serve as
Presiding Officer until the return of the Mayor or Deputy Mayor.
15
8.2 The Presiding Officer shall:
(1) Preserve order and decorum in the Council chambers;
(2)
Observe and enforce these Rules ~:~ ri;I== --dopt=d by th=
(3)
Decide all questions on order, in accordance with these _Rrules,
subject to appeal by any Councilmember; and
(4)
Recognize Councilmembers in the order in which they request
the floor. The Presiding Officer, as a Councilmember, shall have
only those rights, and shall be governed in all matters and issues
by the same rules and restrictions as other Councilmembers=;
and
(s)
From time to time, appoint Councilmembers to serve on City
Council and ad hoc committees.
SECTION 9.
COUNCIL RELATIONS WITH CITY
STAFF
9.1
There will be mutual respect from both City staff and Councilmembers
of their respective roles and responsibilities when, and if, expressing
criticism in a public meeting.
9.2
City staff will acknowledge the Council as policy makers, and the
Councilmembers will acknowledge City staff as administering the
Council's policies.
9.3
All written informational material requested by individual
Councilmembers shall be submitted by City staff, after approval of the
City Manager, to all Councilmembers with a notation indicating which
Councilmember requested the information.
9.4
Councilmembers shall not attempt to coerce or influence City staff in
the selection of personnel, the awarding of contracts, the selection of
consultants, the processing of development applications or the
granting of City licenses or permits.
9.5
The Council shall not attempt to change or interfere with the operating
rules and practices of any City department.
16
9.6
Mail that is addressed to the Mayor and Councilmembers shall be
copied and circulated to all City Councilmembers by the City Clerk, as
soon as practicable after it arrives.
9.7
The City Clerk shall not open mail addressed to individual
Councilmembers if it is marked personal and/or confidential.
9.8
No Councilmember shall direct the City Manager to initiate any action
or prepare any report that is significant in nature, or initiate any
significant project or study without the consent of a majority of the
Council. New initiatives having policy implementation shall be directed
to a Council Committee for consideration.
9.9
Individual requests for information can be made directly to the
Department Director unless otherwise determined by the City Manager.
If the request would require more than four (4) hours of staff time or
create a change in work assignments or City staffing levels, the request
must be made through the City Manager~ and approved by a Council
Committee. The Department Director shall determine the number of
hours to respond to the request and will advise the City
Councilmember.
9.10
To provide staff the necessary preparation time, Councilmembers will
provide staff advance notice of any questions or concerns they may
have regarding an agenda item prior to a public meeting, if possible.
SECTION 10.
COUNCIL MEETING STAFFING
10.1
The City Manager shall attend all regular meetings of the Council
unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in the discussions of the
Council, but shall have no vote. When the City Manager has an excused
absence, the designated Acting City Manager shall attend the meeting.
10.2
The City Attorney shall attend all meetings of the Council unless
excused, and shall, upon request, give an opinion, either written or oral,
on legal questions. The City Attorney shall act as the Council's
parliamentarian. The Deputy or Assistant City Attorney shall attend
meetings when the City Attorney has been excused.
10.3
The City Clerk, or designee, shall attend Regular, Sp=cJ=J =nd Study
meetings of the Council, keep the official journal (minutes), and
17
perform such other duties as may be needed for the orderly conduct of
the meeting.
SECTION 11.
COUNCILMEMBER ATTENDANCE AT
MEETINGS
11.1
Councilmembers will inform the Mayor, a Councilmember, the City
Manager or City Clerk if they are unable to attend any Council meeting,
or if they knowingly will be late to any meeting. The minutes will show
the Councilmember as having an excused absence.
SECTION 12.
PUBLIC HEARINGS
12.1
12.2
12.2
12.3
Types. There are two types of public hearings: legislative and quasi-
judicial. The Mayor will state the public hearing procedures before
each public hearing. [moved from § 2.5] Citizens may comment on
public hearing items. [moved from § 2]
Legislative Public Hearings. The purpose of a legislative public hearing
is to obtain public input on legislative decisions on matters of policy,
including without limitation, review by the City Council of its
comprehensive land use plan or the biennial budget.
Quasi-judicial Public Hearings. The purpose of a quasi-judicial public
hearing is to decide issues involving the rights of specific parties and
include, without limitation, certain land use matters such as site
specific rezones, preliminary plats, and variances. The City Council's
decision on a quasi-judicial matter must be based upon and supported
by the "record" in the matter. The "record" consists of all testimony or
comment presented atthe hearing and all documents and exhibits that
have been submitted. In quasi-judicial hearings, Councilmembers
shall comply with all applicable laws including without limitation the
--'-'--' '- "-----":-' -': .......... ' ' : ..... '- :- th- appearance of
18
fairness doctrine
(Chapter 42 36 RCW) ---' "~-
SECTION 13.
MEDIA REPRESENTATION AT
COUNCIL MEETINGS
Ethic=
13.1
All public meetings of the City Council, Council Committees, and its
Council advisory committees shall be open to the media, freely subject
to recording by radio, television and photographic services at any time,
provided that such arrangements do not interfere with the orderly
conduct of the meeting. Seating space shall be provided for the media
at each public meeting.
SECTION 14.
COUNCIL REPRESENTATION
14.1
If a Councilmember appears on behalf of the City before another
governmental agency, a community organization, or throughthe media,
for the purpose of commenting on an issue, the Councilmember needs
to state the majority position of the Council, if known, on such issue·
Personal opinions and comments which differ from the Council
majority may be expressed if the Councilmember clarifies that these
statements do not represent the Council's position.
Councilmembers need to have other Councilmember's concurrence
before representing another Councilmember's view or position with the
media, another governmental agency or community organization.
SECTION 15.
CONFIDENTIALITY
15.1
15·2
Councilmembers should keep confidential all written materials and
verbal information provided to them during Executive Sessions, to
ensure that the City's position is not compromised· Confidentiality also
includes information provided to Councilmembers outside of Executive
Sessions when the information is considered to be exempt from
disclosure under exemptions set forth in the Revised Code of
Washington (RCW).
If the Council, in Executive session, has provided direction or
consensus to City staff on proposed terms and conditions for any type
of issue, all contact with the other party should be done by the
designated City staff representative handling the issue.
19
Councilmembers should obtain the permission of the City Manager
prior to discussing the information with anyone other than other
Councilmembers, the City Attorney or City staff designated by the City
Manager. Any Councilmember having any contact or discussion needs
to make full disclosure to the City Manager and/or the City Council in
a timely manner.
SECTION 16.
COUNCIL TRAVEL AND EXPENSES
16.1
16.2
16.3
PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur
authorized travel, subsistence, registration and related expenses while
on city business, reasonable and timely mechanisms for the
reimbursement and/or the advancement of such necessary
expenditures.
It is also recognized that City payment for business related food and
beverage for non-travel purposes will be incurred by the City Council
wherein reimbursement will be provided. This policy statement also
serves to provide guidelines by which to determine whether or not
expenditures by the City Council may be reimbursable to the
Councilmember, and by which to determine refreshments and related
costs served or made available at meetings involving volunteers and
other quasi-employees are legitimate City expenditures.
Claimants have the responsibility for becoming knowledgeable about
authorized expenditures and the documentation requirements. Care
must be taken to avoid unnecessary or excessive expenditures, and
those not directly and reasonably related to the conduct of City
business.
DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be
paid unless it is accompanied by a bona fide vendor's receipt. Such
receipts should show the date, a description of the purchase, vendor
identification and amount paid.
CLAIMS
Claims for reimbursement shall contain the following:
20 ¸
(1)
The name of the person who consumed the goods or used the
service for which reimbursement is requested, whether it be for
meals, lodging, transportation or any other purpose.
(2)
A description of the event, occasion or circumstances related to
the claim and the public policy or public purpose served.
16.4
MEALS
Meal costs must be incurred directly by the claimant; direct billing to
the City by a restaurant is prohibited except by way of an authorized
City credit card.
Payment for table service at a restaurant, commonly referred to as a tip,
not to exceed fifteen percent (15%) of the restaurant price of the meal,
is reimbursable as a reasonable and necessary cost for such service.
16.5
PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City
business is authorized for reimbursement.
All City officials claiming reimbursement for meals consumed while on
City business shall be entitled to reimbursement not to exceed the
Renzheimer Meal/Lodging Index.
Notwithstanding the foregoing index, actual meal costs may be claimed
when they are part of a regularly scheduled business event such as
training seminar, professional meeting, or other business meeting.
If the costs of meals for persons other than the claimant are included,
those persons must be entitled to meal reimbursement in their own
right and they shall be listed by name and title in claim documentation.
16.6
EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1) Liquor
23.
16.7
16.8
16.9
16.10
16.11
(2)
Expenses of a spouse or other persons not authorized to receive
reimbursement under this policy.
TRAVEL
Reimbursement for reasonable costs of business travel is authorized.
General guidelines are as follows.
CITY VEHICLE
Out-of-the-area costs of vehicle operation are authorized, such as gas,
oil, tires and necessary repairs.
PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the
City at such rate per mile as shall be established from time to time by
the City Manager in his/her discretion, but not to exceed the then
current maximum rate allowed by the United States Internal Revenue
Service for reimbursement of such expenses for purposes of business
travel expense deductions. Trips beyond this limit will be reimbursed
at the lower of a) the established rate per mile, or b) the lowest available
(other than non-refundable) airfare obtainable by the City's Purchasing
Manager plus mileage reimbursement at the then current City rate,
based upon the estimated distance between the airport and the
destination. Incidental travel costs such as parking, ferry or bridge tolls
are reimbursable as they would be if a City vehicle was provided.
RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and
must be approved in writing per Section 4A (Meal Reimbursement for
Non-City Officials). Vehicle rental authorization must be separately set
out in any request for approval of such expenses. Approval of vehicle
rental as an item on a travel advance request will not be considered
sufficient authorization without a separate statement presenting the
reason such an expenditure is required.
AIR TRAVEL
Arrangement for air travel on City related business shall be arranged
by the Purchasing staff of the Finance Department or as otherwise
designated by the City Manager as outlined below:
22
Whenever feasible, the need for air travel arrangements should
be'provided by way of the normal requisition process at least 5
weeks in advance of the departure date.
(2)
The authorized procurer will arrange for air travel based on the
lowest available (other than non-refundable) airfare for a
regularly scheduled flight which reasonably accommodates the
time of travel requested, and the destination as specified by the
requisitioning department.
(3)
The authorized procurer will purchase the tickets at the time the
rate is quoted and the Councilmember will be advised of the
arrangements for acquiring the tickets.
(4)
If personal travel is combined with business related travel, the
traveling Councilmember shall be responsible for paying the
increase in airfare necessary to accommodate the personal part
of the flight. The City shall only pay the lowest available (other
than non-refundable) airfare for the round trip between the
Seattle/Tacoma airport and the business related destination.
Such payment for a personal travel shall accompany the City's
payment to the vendor for the tickets.
(5)
If changes in travel plans occur that are the result of City
business requirements, (i.e. delays in departure, cancellations,
extended stays, or revised itinerary) any associated costs shall
be paid by the City. However, all increase in cost of travel due to
changes for personal convenience will be borne by the
Councilmember.
(6)
Officials who obtain airline tickets on their own will be
reimbursed based on the lower of: a) Actual out-of-pocket cost
paid for the airline tickets or alternate means of transportation
(substantiated by a receipt); or b) the lowest (other than non-
refundable) airfare available for their time of travel, unless an
exception is granted in writing by the City Council. In this case,
the official must pay the cost of the travel and seek
reimbursement along with all other travel expenses. Direct
billing of airfare to the City is allowed only if ordered by the
Purchasing Staff, as may be authorized by the City Manager.
16.12
FIRST CLASS AIR TRAVEL
23
First class air travel is not authorized.
16.13
OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls,
parking, ferry, porter, bellman and the like (not including any maid
service) are authorized by a listing of same as provided by the
reimbursement form. Payment of a reasonable amount for porter
service, bellman service and the like is considered to be a necessary
payment for such service and, therefore, reimbursable.
16.14
VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of
this type expense exceeds $10.00.
Local parking, ferry and bridge tolls may be reimbursed through the
Petty Cash system, subject to the Petty Cash Guidelines.
16.15
OUT-OF-STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or
overnight travel expense, the one way travel distance must be greater
than 50 miles from City or home.
16.16
ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable
and will be reimbursed at a maximum of the single room rate. A
vendor's receipt for this category is required for all claims. Direct
billing of hotel/motel charges is not allowed unless by way of an
authorized City credit card.
16.17
INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and
includes, but is not limited to, the following.
16.18
ALLOWABLEINCIDENTALEXPENSES
Laundry expenses if away from home four (4) or more calendar days.
Baggage checking.
24
Business telephone and postage expenses. Personal telephone calls
home, if away from home for more than a 24 hour duration, are
considered a business telephone expense.
16.19
NON-ALLOWABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to
receive reimbursement under this policy
Barber or beauty parlor services.
Airline and other trip insurance.
Personal postage, reading material, telephone calls.
Personal toiletry articles.
16.20
NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the following:
(1)
Meals consumed by the City official during meetings and other
functions which conduct official City business or serve to benefit
the City of Federal Way are reimbursable to the official.
(2)
Generally, the City will not incur costs for refreshments, and
other related items, for meetings or functions held in the normal
course of business or that are attended solely by City officials.
However, such meetings or functions wherein a municipal
function, public purpose, or City program is served or furthered,
and wherein the City Council has expressly approved the
meeting as such, the City may incur such costs directly or as a
reimbursement to employees who have incurred such costs on
behalf of the City.
(3)
Refreshments purchased solely for personal entertainment are
not a legitimate City expense.
25
16.21 CEREMONIES AND CELEBRATIONS
16.22
16.23
(1)
Reasonable expenses, including food and beverage, associated
with commemorating a dedication or an unveiling that is
recognized as serving a public purpose are legitimate City
expenditures.
(2)
Private celebrations rather than public celebrations are not
generally considered as serving a public purpose. Refreshment,
food and beverage related costs would therefore not be
recognized as legitimate City expense.
(3)
Support of a local "event" or celebration may not take the form
of a gratuitous contribution of public funds to a private person,
committee or organization. Expenditure of public funds on a
publicly sponsored event requires the existence of a
recognizable public purpose that relates to the City's existence,
proper authorization from the legislative authority for such public
sponsorship, and a reasonable relationship between the amount
of the City's expenditure and the "public" nature of the event.
MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS
Councilmember claims for the reimbursement of meal costs for non-
city employees and non-city officials shall be documented by a memo
authorized by the Mayor or, in the Mayor's absence, the Deputy Mayor.
The memo must identify:
(1) The names of the individual or individuals being hosted;
(2) Their official title or capacity as it related to City business;
(3)
The explanation of why this expenditure was an appropriate use
of City funds.
CLAIMS AND APPROVAL PROCEDURE
All claims shall be submitted for reimbursement using the form
provided by the City Finance Department. Travel and subsistence
expenses except for incidental and minor costs will not be paid from
any Petty Cash Fund, unless as in compliance with petty cash policy
adopted by the City.
26
16.24
Special approvals required by this policy shall be obtained by
Councilmembers, from the Mayor, or in his/her absence, by the Deputy
Mayor. Such approvals shall be by separate memo which identifies the
policy exception being authorized and explains the reasons therefor.
16.25
Claims may include the reimbursable costs of other City officials who
would be entitled in their own right to claim business expenses.
16.26
Claims of Councilmembers must be approved by the Mayor or in
his/her absence the Deputy Mayor.
16.27
Exceptions to the expense rules for unusual circumstances may be
approved at a regular City Council meeting by a majority vote of the
Councilmembers present at the meeting.
16.28
In preparation of the City's annual operating budget, Councilmember
travel and training expenses shall be anticipated and included in
budget appropriations. Attendance at annual conferences of municipal
officials, such as the National League of Cities or Association of
Washington Cities, shall be addressed at the time of budget adoption
to reflect the number of Councilmembers who will attend to represent
the City.
Meetings, conventions or training programs that require expenditure of
funds to be reimbursed or paid on behalf of Councilmembers, and that
are not anticipated at the time of budget adoption, must be submitted
to the Council for approval. The request must be presented to the
Council in a timely manner prior to the event to permit an opportunity
for the Council to review and approve or deny the request based on its
merit, to allow all Councilmembers opportunity to discuss the
appropriate Council attendance. The request shall include: (a) Name
of organization sponsoring meeting, (b) Why attendance is requested;
benefits to the City, (c) Councilmember(s) to attend, (d) Location, (e)
Attendance dates, and (f) Estimated cost to the City.
16.29
A report, oral and/or written as appropriate, shall be made to the
Council at a meeting no later than two (2) weeks following said
conference, seminar or training, in order that the full Council may
benefit from the training experience received by the Councilmember
who attended. A record of such reports shall be maintained by the City
Clerk.
27
The Mayor shall make an annual State of the City report during a
regularly scheduled City Council meeting; a written report shall be
made available to the public at the time of the meeting.
The City Manager shall provide an Executive Summary following each
City Council retreat; a written report shall be made available to the
public the first working day following the retreat.
SECTION 17.
PUBLIC RECORDS
17.1
Public records created or received by the Mayor or any Councilmember
should be transferred to the City Clerk's office for retention by the City
in accordance with the Public Records Eaw Act, Chapter 42.17 RCW.
Public records that are duplicates of those received by, or in the
possession of the City, are not required to be retained. Questions
about whether or not a document is a public record or if it is required
to be retained should be referred to the City Attorney.
17.2
(Reserved for Electronic Records/Electronic Mail)
SECTION 18.
CITY MANAGER EVALUATION
PROCESS
18.1
18.2
18.3
18.4
The Mayor, Councilmembers and City Manager will determine the
evaluation criteria and format for the process.
After the criteria have been developed, the Councilmembers need to
concur on when the completed evaluation forms are due and who will
collect these documents.
Councilmembers need to discuss and decide if the Mayor and one (1)
or more Councilmembers should meet prior to the actual evaluation;
this meeting would allow time to summarize the comments; also, this
sub-committee (of less than a quorum) could determine
recommendations for the City Manager's employment contract
amendments, including, but not limited to, salary, bonus performance
_~ayment, cost-of-living increase; the sub-committee can make a
recommendation to the entire Council at the time of the evaluation.
Copies of the City Manager's current employment contract shall be
made available to the entire Council.
28
18.5
At the evaluation session, the summary comments may be given, as
well as individual comments by Councilmembers; the City Manager
may wish to respond which is usually at the conclusion of the Council
comments; the City Manager's contract should be discussed and any
recommendations may be concurred to by the Council.
18.6
The evaluation is held in Executive session. Attendance is limited to
the Mayor, Councilmembers, City Manager and City Attorney.
18.7
The final step of the City Manager evaluation process is to have the City
Attorney prepare amendments, if any, to the City Manager's
employment contract. This contract needs to be approved as a
Consent Agenda item at a Council meeting.
18.8
The Mayor shall prepare a press release no later than the next working
day following the Executive Session regarding the results of the
evaluation.
SECTION 19.
MAYOR/DEPUTY MAYOR SELECTION
PROCESS
19.1
The Mayor and the Deputy Mayor shall be nominated and elected from
the ranks of the sitting Councilmembem.
19.2
The Mayor and Deputy Mayor shall be elected for two (2) year terms at
the first Regular City Council meeting in January of the applicable year,
by a majority vote of the City Council in accordance with RCW
35A.12.065.
19.3
The City Clerk or designee shall conduct the election for Mayor. The
Mayor shall then conduct the election for the Deputy Mayor. (See
Appendix "A" to these Rules.)
SECTION 20.
CITY ADVISORY COMMITTEES
20.1
Federal Way's commissions, committees and task forces provide an
invaluable service to the City. Their advice on a wide variety of
subjects aids the Mayor and Councilmembers in the decision-making
process. Effective citizen participation is an invaluable tool for local
government.
29
20.2
These advisory bodies originate from different sources. Some are
established by ordinance while others are established by motion of the
City Council. It is at the discretion of the Council as to whether or not
any advisory body should be established by ordinance.
20.3
Federal Way advisory bodies bring together citizen viewpoints which
might not otherwise be heard. Persons of wide-ranging interests who
want to participate in public service but not compete for public office
can be involved in governmental commissions, committees and task
forces. These bodies also serve as a training ground or stepping stone
for qualified persons who are interested in seeking public office.
20.4
As Federal Way advisory bodies have been formed during since
incorporation, the adoption of uniform rules of procedure is necessary
to assure maximum productivity. The following policies govern the
City's advisory groups; some of these advisory groups may have more
specific guidelines set forth by ordinance, or resolution, the Federal
Way City Code, or at times by state law.
20.5
Every advisory body, when it is formed, will have a specific statement
of purpose and function, which will be re-examined periodically by the
City Council to determine its effectiveness. This statement of purpose
is made available to all citizen members when they are appointed.
20.6
The size of each advisory group is determined by the City Council and
the size is related to its duties and responsibilities. Another
determination to be made prior to formation, is the cost impact for City
staffing a proposed advisory body.
20.7
The Council may dissolve any advisory body that, in their opinion, has
completed its working function or for any other reason.
20.8
Members and alternate members of all advisory bodies are appointed
by majority vote of the Councilmembers during a regularly scheduled
meeting.
20.9
The Council Committee that the advisory committee reports to ~
shall be convened to review, interview and recommend Citizen
Advisory Committee appointments to the City Council at a regularly
scheduled meeting. Any Councilmember who shall attend the public
interview session shall be eligible to vote on the recommendation to be
30
made to the full Council. A quorum of three (3) Councilmembers shall
be required to forward any recommendation to the full Council.
20.10
The City Council may approve reappointment of citizens wishing
second terms subject to any limits established by ordinance or other
laws.
20.11
Councilmembers will raise any concerns about any recommendation
prior to the City Council meeting that is scheduled for the approval of
the appointment.
20.12
Vacancies are advertised so that any interested citizen may submit an
application. Applicants ale-urged-to must be citizens of the City of
Federal Way if required by the Federal Way City Code or if required by
City , · · ~ A,
the Council. k.., .__ =_. -.___ ~ ...... = __ _ ,=.... ...... = _ A
~,-, oF, F,,,,-,,,,~',,o ,, ~,,,,, ~o,d=,,ts,,-',,u ~'" ~"~ '~' th~
~,, ~,,,~t~,,~ Councilmembersare encouragedto solicitapplications
from qualified citizens. Applications shall be available from the Office
of the Ci~ Clerk.
20.13
20.141_~3
Lengths of terms vary from one advisory body to another, but in all
cases overlapping terms are intended. On special work task forces,
where a specific project is the purpose, there need not be terms of
office.
20.-t-514.
Newly appointed members will receive a briefing by the commission,
committee or task force chairperson and/or City staff, regarding duties
and responsibilities of the members of the advisory body. This will
include a review of the City of Federal Way Ethics Code Resolutiofl.
Each newly-appointrneftted member will receive an information packet
which will include a Certificate of Appointment signed by the City
Council Mayor, a commission, committee or task force membership list,
responsible City staff member, statement of purpose for the advisory
body which may include an ordinance, resolution, or bylaws, or annual
work program and a copy of the City of Federal Way Ethics Code
Resotutien.
31
2o. 1s
All advisory bodies will be responsible for adopting their operating
policies consistent with the establishing resolution or ordinance.
All meetings of advisory bodies are open to the public in accordance
with the public meeting laws of the State of Washington which requires
a minimum 24-hour advance notice; no advisory committee will
schedule a meeting earlier than 7:00 a.m.
2o. -s1 7
The number of meetings related to business needs of the advisory
group may be set by the individual body, unless set forth in a
resolution or ordinance. Notice of all meetings, including date, time,
place and principal subjects to be discussed will be published in
accordance with the public meetings laws of the State of Washington
and the policies of the City of Federal Way.
20.--1-91~8
The advisory body chairperson will be responsible for coordinating the
meeting agendas with the appropriate City support staff.
20.2-01~9
Minutes will be kept of all meetings in accordance with the public
meeting laws of the State of Washington. The appropriate City support
staffwill be responsible for preparation of the minutes of each advisory
committee meeting.
20.-2-1-20
Excessive absenteeism, excluding illness or required travel, is cause
for the removal of an advisory body member. Three (3) consecutive
absences will be considered resignation from the body unless prior to
the third absence, the member has requested, and been granted, an
excused absence. The advisory body granting the excused absence
will determine the validity of the request.
20.2-22_~1
Members may resign at any time their personal circumstances change
to prevent effective service.
Members may be removed, from any advisory committee, prior to the
expiration of their term of office, by a majority vote of the City Council.
20.~-322
A quorum for conducting business is a simple majority of the
membership of the advisory body.
20.~:'423
All members of advisory bodies should be aware of the need to avoid
any instance of conflict of interest. No individual should use an official
position to gain a personal advantage.
32
20.L~52_~4
Lobbying efforts by any advisory bodies on legislative, or Political,
matters should first be checked for consistency with existing City
policy by contacting the City Manager's office. In the event a position
is taken that differs from that of the City's policy, an advisory body
acting as an official body of the City of Federal Way, cannot represent
that position before another body, i.e., the State Legislature or the King
County Council. An individual member is free to voice a position, oral
or written, on any issue as long as it is made clear that he or she is not
speaking as a representative of the City of Federal Way, or as a
member of his or her commission, committee or task force.
Members of advisory bodies are encouraged to attend City Council
meetings to keep abreast of Council actions.
20.['-72_.~6
The City Council transmits referrals for information or action through
the City Manager to the advisory groups. These advisory groups
transmit findings, reports, etc., to the City Council through the City
Manager.
20.~827
While the City staff's role is one of assisting the commission,
committee or task force, the City staff members are not employees of
that body. The City staff members are directly responsible to his or her
Department Director and the City Manager.
20.28
Annually, each advisory committee shall develop a work program for
the City Council's consideration and approval. The City Council may
amend the committee's work program.
SECTION 21.
COUNCIL COMMITTEES
21 .'1
Council committees are policy review and discussion arms of the
Council. Committees may study issues and develop recommendations
for consideration by the Council. Committees may not take binding
action on behalf of the City unless a quorum of the City Council is
present, the Council Committee has been advertised as a Special
Meetin.q of the Whole City Council and, by majority vote, the City
Council has directed that such action occur at the Council Committee.
Council Committee structure shall be as determined by the City Council
in January of each year. The 19949 committees are as follows:
33
21.2
21.3
21.4
21.5
21.6
21.7
21.8
21.9
FINANCE/AND---ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS
COMMITTEE
LAND USE/TRANSPORTATION COMMITTEE
I~IIDI I/"~~ A ~1'-~ A klr~ Ul Il'lA I,I
PARKSI-AND-RECREATION/HUMAN SERVICES & PUBLIC SAFETY
COMMITTEE
/'t'/~kliiiJll'1'"l'l"l" /'~ '1'Ut"' tAlU/'Ntl Ir--
Committees shall establish regular meeting schedules as determined
by the Chair of the Committee
Each committee will have staff support assigned by the City Manager.
Staff will work with the committee chairs to set agendas, provide
support materials and prepare reports.
Summaries of each meeting will be prepared by staff and distributed to
the Mayor and Councilmembers~. tThese summaries will be in lieu of
verbal reports at Council meetings.
The City Manager or Mayor may send issues directly to committees for
their review in lieu of being referred to committee by the entire Council.
Committee appointments (chairs and members) shall be made by the
Mayor. The Mayor will take into account the interests and requests of
individual Councilmembers in making committee assignments.
Membership of each committee will consist of three (3)
Councilmembers.
The Mayor shall be "ex officio" members of each committee. The
Deputy Mayor may serve as "ex officio" or be appointed to a committee.
The Mayor will make committee assignments each January, with
members serving one (1) years terms.
34
SECTION 22. FILLING CITY COUNCIL VACANCIES
22.1 PURPOSE
The purpose of this section is :l_to provide guidance to the City Council
when a Federal Way Councilmember position becomes vacant before
the expiration of the official's elected term of office. Pursuant to state
law, a vacancy shall be filled only until the next regular municipal
election, to serve the remainder of the unexpired term.
22.2
REFERENCES
RCW 42.30.110(h) - Executive Session Allowed to Consider
Qualifications of a Candidate for Appointment to Elective Office
RCW 42.30.060 - Prohibition on Secret Ballots
RCW 42.12 - Vacant Position
RCW 35A.13.020 - Vacancies - Filling of Vacancies in Council/Manager
Form of Government
22.3
APPOINTMENT PROCESS
H)
A Council position shall be officially declared vacant upon the
occurrence of any of the causes of vacancy set forth in RCW
42.12.010, including resignation, recall, forfeiture, written intent
to resign, or death of a Councilmember. The Councilmember
who is vacating his or her position cannot participate in the
appointment process.
(2)
The City Council shall direct staff to begin the Councilmember
appointment process and establish an interview and
appointment schedule, so that the position is filled at the earliest
opportunity.
(3)
The City Clerk's Office shall prepare and submit a display
advertisement to the City's official newspaper r-~
News, with courtesy copies to all other local media outlets,
which announces the vacancy consistent with the requirements
necessary to hold public office: that the applicant (a) be a
registered voter of the City of Federal Way, and (b) have a one (1)
year residency in the City of Federal Way. This display
advertisement shall be published once each week for two (2)
35
22.4
consecutive weeks. This display advertisement shall contain
other information, including but not limited to, time to be served
in the vacant position, election information, salary information,
Councilmember powers and duties, the deadline date and time
for submitting applications, interview and appointment
schedules, and such other information that the City Council
deems appropriate.
(4)
The City Clerk's Office shall prepare an application form which
requests appropriate information for City Council consideration
of the applicants. Applications will be available at City of Federal
Way offices, King County libraries located in Federal Way, the
Federal Way Chamber of Commerce office, the Federal Way
School District administration office and such other locations
that the City Council deems appropriate. Copies of the display
advertisement will be provided to current members of City of
Federal Way commissions, committees, task forces and other
City-sponsored citizen groups.
(s)
Applications received by the deadline date and time will be
copied and circulated, by the City Clerk's Office, to the Mayor
and City Council. Packets may also contain additional
information received such as endorsements, letters of reference
and other pertinent materials.
(6)
The City Clerk's Office shall publish the required public notice(s)
for the meeting scheduled for interviewing applicants for
consideration to the vacant position. This meeting may be a
regularly scheduled City Council meeting, or a special session
City Council meeting.
The City Clerk's Office shall notify applicants of the location,
date and time of City Council interviews.
(8)
Prior to the date and time of the interview meeting, the Mayor
shall accept one interview question from each Councilmember.
INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30
minutes in length as follows:
(1)
The applicant shall present his or her credentials to the City
Council. (10 minutes)
36
(2)
The City Council shall ask the predetermined set of questions
which must be responded to by the applicant. Each applicant
will be asked and will answer the same set of questions, and will
have 2 minutes to answer each question. (14 minutes)
(3)
An informal question and answer' period in which
Councilmembers may ask and receive answers to miscellaneous
questions. (10 minutes)
(4)
The applicants order of appearance will be determined by a
random lot drawing performed by the City Clerk.
(s)
The Council may reduce the 30 minute interview time if the
number of applicants exceed six (6) candidates, or alternatively,
the Council may elect not to interview all of the applicants if the
number exceeds six (6) candidates. The decision as to which
applicants to interview will be based on the information
contained in the application forms.
22.5
VOTING
Upon completion of the interviews, Councilmembers may convene into
Executive Session to discuss the qualifications of the applicants.
However, all interviews, nominations and votes taken by the Council
shall be in open public session.
The Mayor shall ask for nominations from the Councilmembers.
(2)
After a nomination and second has been received, the City Clerk
shall proceed with a roll-call vote.
(3)
Balloting Elections will continue until a nominee receives a
majority of four (4) votes.
(4)
At anytime during the battofiflg election process, the City Council
may postpone balloting elections until a date certain or regular
meeting if a majority vote has not been received.
(s)
Nothing in this policy shall prevent the City Council from
reconvening into Executive Session to further discuss the
applicant/candidate qualifications.
(6)
The Mayor shall declare the nominee receiving the majority vote
as the new Councilmember and shall be sworn into office by the
37
(7)
City Clerk at the earliest opportunity or no later than the next
regularly scheduled City Council meeting.
If the City Council does not give a majority vote within 90 days
of the declared vacancy, the Revised Code of Washington
delegates appointment powers to King County.
SECTION 23.
MISCELLANEOUS
23.1
When Councilmembers register to attend an official conference
requiring voting delegates, such as the annual National League of
Cities or Association of Washington Cities, the Council shall designate
the voting delegate(s) and alternate voting delegate(s) during a public
meeting, by a majority vote; when possible, said selection of voting
delegate(s) shall be done on a rotating basis for the purpose of
allowing all Councilmembers the opportunity to be an official voting
delegate.
SECTION 24.
SUSPENSION AND AMENDMENT OF
RULES
24.1
24.2
Any provision of these rules not governed by state law or ordinance,
may be temporarily suspended by a two-thirds (213) majority vote of the
Council.
These rules may be amended, or new rules adopted, by a majority vote
of the Council.
CCRULES\MS\I 2/20/94
CCRULES\CG\REVIEWED FOR COUNCIL RETREA~I/9&10198)
K:\DOCUMENT~CCRULES3.RED -9123199
FEDRAC CHANGES OF 10/1/99 IN ITALICS AND DOUBLE-UNDERLINED (10/13199)
38
APPENDIX "A"
MA YOR/DEPUTY MA YOR ELECTION PROCESS
3._=.
Any Councilmember may nominate a candidate; no second is needed.
Nominations are closed by a motion, second and 2/3 vote of Council.
If only one (1~ nomination is made, it is appropriate to make a motion and
obtain a second to instruct the City Clerk to cast a unanimous ballot for that
nomination. Approval is by majority vote of Councilmembers present.
If more than one (l) nomination is made, an open election is conducted by roll
call vote.
To be elected, the nominee needs a majority vote of the Council.
Elections will continue until a Mayor and Deputy Mayor are .elected by.a
majority vote of the Council.
The City Clerk shall declare the nominee receiving the majority vote as the
new Mayor. The new Mayor shall declare the nominee receiving the majority
vote as the new Deputy Mayor. The Clerk shall swear the individuals into
office.
39
DRAFT 10113/99
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21, 1994
December 6, 1994
OFFICE OF THE CITY CLERK'S OFFICE
INDEX
SECTION NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
TITLE
Authority
Council Meetings
Agenda Preparation
Council Discussion
Citizen Comment
Motions
Ordinances
Mayor and Deputy Mayor
Council Relations with City Staff
Council Meeting Staffing
Councilmember Attendance at Meetings
Public Hearings
Media Representation at Council Meetings
Council Representation
Confidentiality
Council Travel & Expenses
PAGE NO.
4
4
8
9
9
10
12
12
13
14
15
15
15
16
16
17
SECTION NO.
17
18
19
2O
21
22
23
24
TITLE
Public Records
City Manager Evaluation Process
Mayor/Deputy Mayor Selection Process
City Advisory Committees
Council Committees
Filling City Council Vacancies
Miscellaneous
Suspension and Amendment of Rules
PAGE NO.
25
25
26
26
30
31
34
35
SECTION 1.
AUTHORITY
1.1
The Federal Way City Council hereby establishes the following Rules
of Procedure ("Rules") for the conduct of Council meetings,
proceedings and business. These Rules shall be in effect upon
adoption by the Council and until such time as they are amended or
new Rules adopted in the manner provided by these Rules.
SECTION 2.
COUNCIL MEETINGS
2.1
TYPES OF MEETINGS:
(1)
Regular Meetings. Council's regular meetings will be held the
first and third Tuesdays of each month in Council Chambers,
City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and
will adjourn no later than 10:00 p.m. To continue past this time
of adjournment, a majority of the Council must concur.
If any Tuesday on which a meeting is scheduled falls on a legal
holiday, the meeting shall be held at 7:00 p.m. on the first
business day following the holiday, or on another day
designated by a majority vote of the Council.
(2)
Special Meetinqs. A Special meeting is any Council meeting
other than a Regular Council meeting. Notice shall be given at
least 24 hours in advance specifying the time and place of the
meeting and the business to be transacted. A Special Council
meeting may be scheduled by the Mayor, City Manager or at the
request of a majority of the Councilmembers.
(3)
Study Sessions. Council's Study Sessions will be held, when
needed, as follows:
Study sessions may be called by the Mayor, City Manager or by
two (2) or more Counci!members.
Study Sessions will be informal meetings for the purpose of
reviewing forthcoming programs, receiving progress reports on
4
2.2
current programs or projects, or receiving other similar
information. The Mayor and City Manager will determine on-
going dedicated schedules for regular Study Sessions.
No final decisions can be made at a Study Session. Decisions
on those issues will be scheduled for a Regular or Special
Council meeting.
(4)
Emergency Meetings. An Emergency meeting is a Special
Council meeting called without the 24-hour notice. An
Emergency meeting deals with an emergency involving injury or
damage to persons or property orthe likelihood of such injury or
damage, when time requirements of a 24-hour notice would make
notice impractical and increase the likelihood of such injury or
damage. Emergency meetings may be called by the City
Manager or the Mayor with the consent of a majority of
Councilmembers. The minutes will indicate the reason for the
emergency.
(s)
Executive Session Meetings. An Executive Session is a
Council meeting that is closed except to the Council, City
Manager and authorized staff members and/or consultants
authorized by the City Manager. The public is restricted from
attendance. Executive sessions may be held during Regular or
Special Council meetings and will be announced by the Mayor or
the Chair of the Special Council Committee, respectively.
Executive session subjects are limited pursuant to Chapter 42
RCW, including considering real property acquisition and sale,
public bid contract performance, complaints against public
officers and employees, public employment applications and
public employee evaluation, elective office appointments and
attorney-client discussions.
Before convening an Executive session, the Mayor or Chair shall
announce the purpose of the meeting and the anticipated time
when the session will be concluded. Should the session require
more time, a public announcement shall be made that the
meeting is being extended.
ORDER OF REGULAR COUNCIL MEETING AGENDA:
(1) Call Meeting To Order
(2)
(3)
(4)
The Mayor calls the meeting to order. The Mayor will announce
the attendance of Councilmembers and indicate any
Councilmember who is not in attendance and whether or not the
Councilmember has an excused absence. The Mayor may, with
the concurrence of the Councilmembers, take agenda items out
of order. Agenda items may be added pursuant to Section 3.3 of
these Rules.
Pledge of Allegiance
Councilmembers and, at times, invited guests lead the flag
salute.
Proclamations and Presentations
A Proclamation is defined as an official announcement made by
either the City Council or the Mayor.
City Council Proclamations are defined as those non-
controversial events which have a major citywide impact. City
Council Proclamations shall be publicly read at a City Council
meeting and presented to a representative of the event during
the Council meeting.
Mayor's Proclamations are defined as those non-controversial
events which are requested by and for a special interest group
within the City. Mayor's Proclamations are signed by the Mayor
and forwarded to a representative of the event.
The Mayor and City Manager shall determine if the Proclamation
request is for a City Council Proclamation or a Mayor's
Proclamation.
Controversy is defined as a dispute, especially a lengthy and
public one, between sides holding opposing views.
City Manager - Introduction of New City Employees and
Emerging Issues
Citizen Comment
Members of the audience may comment on items relating to any
matter. Citizen comment sign-ups will be available at each
6
(s)
(6)
(7)
(8)
(9)
regular council meeting for the use of those citizens wishing to
address the Council. Comments are limited to three (3) minutes
per person.
The Mayor may allow citizens to commenton individual agenda
items at times during any regularly scheduled City Council
meeting other than the regularly scheduled Citizen Comment
period. These agenda items include, but are not limited to,
ordinances, resolutions and Council Business issues. (See also
Section 5, "Citizen Comment" of these Rules.)
Consent Agenda
Consent Agenda items have either been fully considered by a
City Council Committee or are considered to be routine and non-
controversial and may be approved by one motion. Items on the
Consent Agenda include but are not limited to, minutes,
resolutions and ordinances discussed at a previous City Council
or Committee meetings, bid awards and previously authorized
agreements. Any Councilmember may remove any item from the
Consent Agenda for separate discussion and action.
Public Hearings See Section 12 of these Rules for discussion
of public hearing procedure.
Council Business
Council Business items are usually those items other than
resolutions and ordinances requiring Council action.
Introduction and First Reading of Ordinances
Discussion and debate by the City Council may be held at this
time. Councilmembers may request amendments to the
ordinance at this time or at any time prior to adoption, direct staff
to further review the ordinance, or approve placing the ordinance
on the Consent Agenda at an upcoming Regular Council meeting
for enactment as an enforceable City law.
Council Reports
The Councilmembers may report on significant activities since
the last meeting.
7
(10) City Manaqer Report
The City Manager and staff update the Councilmembers on
current issues or items of Council interest.
(11) Adjournment
With no further business to come before the Council, the Mayor
adjourns the meeting.
2.3 MEETING MINUTES:
The City Clerk will keep an account of all proceedings of the Council in
accordance with the statutory requirements, and proceedings will be entered
into a minute book constituting the official record of the Council. City Council
meeting minutes will not be revised without a majority affirmative vote of the
Council at a regularly scheduled Council meeting.
SECTION 3.
AGENDA PREPARATION
3.1
The City Clerk will prepare an agenda for each Council meeting
specifying the time and place of the meeting, and setting forth a brief
general description of each item to be considered by the Council. The
agenda is subject to approval by the Mayor and the City Manager.
3.2
An item may be placed on a Council meeting agenda by any of the
following methods:
(2)
(3)
(4)
(5)
(6)
A majority vote of the Council;
Council consensus;
By any two (2) Councilmembers;
By the City Manager;
By a Council Committee; or
By the Mayor.
A draft agenda will be provided to all City Councilmembers who shall
have approximately 48 hours to review prior to publication.
3.3
An item may be placed on a regular Council meeting agenda after the
agenda is closed and the notice published if the Councilmember or City
Manager explains the necessity and receives a majority vote of the
Council at a public meeting.
8
3.4
The City Clerk will endeavor to schedule sufficient time between public
hearings and other scheduled items, so the public is not kept unduly
waiting, and so the Council will have sufficient time to hear testimony
and to deliberate matters among themselves.
3.5
Legally required and advertised public hearings will have a higher
priority over other time-scheduled agenda items which have been
scheduled for convenience rather than for statutory or other legal
reasons.
3.6
Agendas will be finalized by Wednesday, noon - approximately one (1)
week prior to the Council meeting. Agenda materials will be available,
at City Hall, for the Council, City staff, media and public on the Friday
before the meeting.
3.7
All agenda items packet reports will be in the format provided by the
City Clerk's Office.
3.8
The Council may use the agenda item cover sheet "Recommendation
Statement" language for making a motion.
SECTION 4.
COUNCIL DISCUSSION
4.1
All Council discussion shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED.
SECTION 5.
CITIZEN COMMENT
5.1
5.2
Persons addressing the Council, who are not specifically scheduled on
the agenda, will be requested to step up to the podium, give their name
for the record, and limit their remarks to three (3) minutes. All remarks
will be addressed to the Council as a whole. Any person making
personal, impertinent, or slanderous remarks, or who becomes
boisterous, threatening, or personally abusive while addressing the
Council, may be requested to leave the meeting.
The Mayor has the authority to preserve order at all meetings of the
Council, to cause the removal of any person from any meeting for
disorderly conduct and to enforce these Rules. The Mayor may
command assistance of any peace officer of the City to enforce all
lawful orders of the Mayor to restore order at any meeting.
9
5.3
Citizens with complaints, concerns or questions, will be encouraged to
refer the matter to the City Manager, or ask that the matter be placed on
a future City Council meeting, or Council Committee agenda with the
appropriate background information. Any citizen who voices a concern
or complaint at a City Council meeting which, involves a potential
violation of the City's Code of Ethics shall be advised by the Council,
or City Management staff, of the existence of the City's Board of Ethics,
and of the procedures for requesting Ethics Board opinions and/or
investigations from the Ethics Board.
SECTION 6.
MOTIONS
6.1
If a motion does not receive a second, it dies. Motions that do not need
a second include: Nominations, withdrawal of motion, agenda order,
request for a roll call vote, and point of order.
6.2
A motion that receives a tie vote is deemed to have failed.
6.3
When making motions, be clear and concise and not include arguments
for the motion within the motion.
6.4
After a motion and second, the Mayor will indicate the names of the
Councilmembers making the motion and second.
6.5
After a motion has been made and seconded, the Council may discuss
their opinions on the issue prior to the vote. No further citizen
comments may be heard when there is a motion and a second on the
floor, unless allowed by the Mayor.
6.6
When the Council concurs or agrees to an item that does not require a
formal motion, the Mayor will summarize the agreement at the
conclusion of the discussion.
6.7
A motion may be withdrawn by the maker of the motion, at any time,
without the consent of the Council.
6.8
A motion to table is undebatable and shall preclude all amendments or
debates of the issue under consideration. If the motion to table
prevails, the matter may be "taken from the table" only by adding it to
the agenda of a future Regular or Special meeting at which time
discussion will continue; and if an item is tabled, it cannot be
reconsidered at the same meeting.
10
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
A motion to postpone to a certain time is debatable as to the reason for
the postponement but not to the subject matter of the motion; is
amendable; and may be reconsidered at the same meeting. The
question being postponed must be considered at a later time at the
same meeting, or to a time certain at a future Regular or Special City
Council meeting.
A motion to postpone indefinitely is debatable as to the reason for the
postponement but not to the subject matter of the motion; is not
amendable, and may be reconsidered at the same meeting only if it
received an affirmative vote.
A motion to call for the question shall close debate on the main motion
and is undebatable. This motion must receive a second and fails
without a two-thirds' (2/3) vote; debate is reopened if the motion fails.
A motion to amend is defined as amending a motion that is on the floor
and has been seconded, by inserting or adding, striking out, striking
out and inserting, or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda
order, lay on the table, roll call vote, point of order, 'reconsideration and
take from the table. A motion to amend an amendment is not in order.
Amendments are voted on first, then the main motion as amended (if
the amendment received an affirmative vote).
At the conclusion of any vote, the Mayor will announce the results of
the vote.
When a question has been decided, any Councilmember who voted in
the majority may move for a reconsideration, but no motion for
reconsideration of a vote shall be made after the meeting has
adjourned.
The City Attorney shall decide all questions of interpretations of these
Rules and other questions of a parliamentary nature which may arise
at a Council meeting. (See also Section 4 of these Rules.)
Roll call votes will be taken during all televised Council meetings on
non-unanimous votes, or if requested by a Councilmember, or as
required by law. The purpose of roll call votes is to assist the City
Clerk in recording the vote and to communicate to the viewing public
11
during televised City Council meetings the outcome of the vote. The
official meeting minutes will always reflect roll call votes on each action
item.
SECTION 7.
ORDINANCES
7.1
All ordinances shall be prepared or reviewed by the City Attorney. No
ordinance shall be prepared for presentation to the Council, unless
requested by a majority of the Council, or requested by the City
Manager or City Attorney.
7.2
Ordinances will be introduced and enacted by a Council Bill Number.
After enactment, the City Clerk shall assign a permanent ordinance
number.
7.3
The City Clerk or designee shall read the title of the ordinance prior to
voting unless the ordinance is on the Consent Agenda.
7.4
Upon enactment of the ordinance, the City Clerk shall obtain the
signature of the City Attorney. After the City Attorney's signature, the
City Clerk shall obtain the signature of the Mayor. After the Mayor's
signature, the City Clerk shall sign the ordinance.
7.5
Ordinances, or ordinance summaries, shall be published in the official
newspaper, as a legal publication, immediately following enactment.
7.6
Ordinances become effective thirty (30) days after the passage of the
ordinance unless otherwise specified.
SECTION 8.
MAYOR AND DEPUTY MAYOR
8.1
The Presiding Officer at all meetings of the Council shall be the Mayor,
and in the absence of the Mayor, the Deputy Mayor will act in that
capacity. If both the Mayor and Deputy Mayor are absent, the
Councilmembers present shall elect one of its members to serve as
Presiding Officer until the return of the Mayor or Deputy Mayor.
8.2
The Presiding Officer shall:
(1) Preserve order and decorum in the Council chambers;
(2) Observe and enforce these Rules;
12
(3)
(4)
(5)
SECTION 9.
Decide all questions on order, in accordance with these Rules,
subject to appeal by any Councilmember;
Recognize Councilmembers in the order in which they request
the floor. The Presiding Officer, as a Councilmember, shall have
only those rights, and shall be governed in all matters and issues
by the same rules and restrictions as other Councilmembers;
and
From time to time, appoint Councilmembers to serve on City
Council and ad hoc committees.
COUNCIL RELATIONS WITH CITY
STAFF
9.1
9.2
9.3
9.4
9.5
9.6
9.7
There will be mutual respect from both City staff and Councilmembers
of their respective roles and responsibilities when, and if, expressing
criticism in a public meeting.
City staff will acknowledge the Council as policy makers, and the
Councilmembers will acknowledge City staff as administering the
Council's policies.
All written informational material requested by individual
Councilmembers shall be submitted by City staff, after approval of the
City Manager, to all Councilmembers with a notation indicating which
Councilmember requested the information.
Councilmembers shall not attempt to coerce or influence City staff in
the selection of personnel, the awarding of contracts, the selection of
consultants, the processing of development applications or the
granting of City licenses or permits.
The Council shall not attempt to change or interfere with the operating
rules and practices of any City department.
Mail that is addressed to the Mayor and Councilmembers shall be
copied and circulated to all City Councilmembers by the City Clerk, as
soon as practicable after it arrives.
The City Clerk shall not open mail addressed to individual
Councilmembers if it is marked personal and/or confidential.
9.8
No Councilmember shall direct the City Manager to initiate any action
or prepare any report that is significant in nature, or initiate any
significant project or study without the consent of a majority of the
Council. New initiatives having policy implementation shall be directed
to a Council Committee for consideration.
9.9
Individual requests for information can be made directly to the
Department Director unless otherwise determined by the City Manager.
If the request would require more than four (4) hours of staff time or
create a change in work assignments or City staffing levels, the request
must be made through the City Manager and approved by a Council
Committee. The Department Director shall determine the number of
hours to respond to the request and will advise the City
Councilmember.
9.10
To provide staff the necessary preparation time, Councilmembers will
provide staff advance notice of any questions or concerns they may
have regarding an agenda item prior to a public meeting, if possible.
SECTION 10.
COUNCIL MEETING STAFFING
10.1
The City Manager shall attend all regular meetings of the Council
unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in the discussions of the
Council, but shall have no vote. When the City Manager has an excused
absence, the designated Acting City Manager shall attend the meeting.
10.2
The City Attorney shall attend all meetings of the Council unless
excused, and shall, upon request, give an opinion, either written or oral,
on legal questions. The City Attorney shall act as the Council's
parliamentarian. The Deputy or Assistant City Attorney shall attend
meetings when the City Attorney has been excused.
10.3
The City Clerk, or designee, shall attend Regular meetings of the
Council, keep the official journal (minutes), and perform such other
duties as may be needed for the orderly conduct of the meeting.
14
SECTION 11.COUNCILMEMBER ATTENDANCE AT
MEETINGS
11.1
Councilmembers will inform the Mayor, a Councilmember, the City
Manager or City Clerk if they are unable to attend any Council meeting,
or if they knowingly will be late to any meeting. The minutes will show
the Councilmember as having an excused absence.
SECTION 12.
PUBLIC HEARINGS
12.1
Types. There are two types of public hearings: legislative and quasi-
judicial. The Mayor will state the public hearing procedures before
each public hearing. Citizens may comment on public hearing items.
12.2
Legislative Public Hearings. The purpose ora legislative public hearing
is to obtain public input on legislative decisions on matters of policy,
including without limitation, review by the City Council of its
comprehensive land use plan or the biennial budget.
12.3
Quasi-judicial Public Hearings. The purpose of a quasi-judicial public
hearing is to decide issues including the right of specific parties and
include, without limitation, certain land use matters such as site
specific rezones, preliminary plats, and variances. The City Council's
decision on a quasi-judicial matter must be based upon and supported
by the "record" in the matter. The "record" consists of all testimony or
comment presented at the hearing and all documents and exhibits that
have been submitted. In quasi-judicial hearings, Councilmembers
shall comply with all applicable laws including without limitation the
appearance of fairness doctrine (Chapter 42.36 RCW).
SECTION 13.
MEDIA REPRESENTATION AT
COUNCIL MEETINGS
13.1
All public meetings of the City Council, Council Committees, and
Council advisory committees shall be open to the media, freely subject
to recording by radio, television and photographic services at any time,
provided that such arrangements do not interfere with the orderly
conduct of the meeting. Seating space shall be provided for the media
at each public meeting.
15
SECTION 14.COUNCIL REPRESENTATION
14.1
If a Councilmember appears on behalf of the City before another
governmentalagency, a community organization,.or through the media,
for the purpose of commenting on an issue, the Councilmember needs
to state the majority position of the Council, if known, on such issue.
Personal opinions and comments which differ from the Council
majority may be expressed if the Councilmember clarifies that these
statements do not represent the Council's position.
Councilmembers need to have other Councilmember's concurrence
before representing another Councilmember's view or position with the
media, another governmental agency or community organization.
SECTION 15.
CONFIDENTIALITY
15.1
Councilmembers should keep confidential all written materials and
verbal information provided to them during Executive Sessions, to
ensure that the City's position is not compromised. Confidentiality also
includes information provided to Councilmembers outside of Executive
Sessions when the information is considered to be exempt from
disclosure under exemptions set forth in the Revised Code of
Washington (RCW).
15.2
If the Council, in Executive session, has provided direction or
consensus to City staff on proposed terms and conditions for any type
of issue, all contact with the other party should be done by the
designated City staff representative handling the issue.
Councilmembers should obtain the permission of the City Manager
prior to discussing the information with anyone other than other
Councilmembers, the City Attorney or City staff designated by the City
Manager. Any Councilmember having any contact or discussion needs
to make full disclosure to the City Manager and/or the City Council in
a timely manner.
16
SECTION 16.COUNCIL TRAVEL AND EXPENSES
16.1
PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur
authorized travel, subsistence, registration and related expenses while
on city business, reasonable and timely mechanisms for the
reimbursement and/or the advancement of such necessary
expenditures.
It is also recognized that City payment for business related food and
beverage for non-travel purposes will be incurred by the City Council
wherein reimbursement will be provided. This policy statement also
serves to provide guidelines by which to determine whether or not
expenditures by the City Council may be reimbursable to the
Councilmember, and by which to determine refreshments and related
costs served or made available at meetings involving volunteers and
other quasi-employees are legitimate City expenditures.
Claimants have the responsibility for becoming knowledgeable about
authorized expenditures and the documentation requirements. Care
must be taken to avoid unnecessary or excessive expenditures, and
those not directly and reasonably related to the conduct of City
business.
16.2
DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be
paid unless it is accompanied by a bona fide vendor's receipt. Such
receipts should show the date, a description of the purchase, vendor
identification and amount paid.
16.3
CLAIMS
Claims for reimbursement shall contain the following:
(1)
The name of the person who consumed the goods or used the
service for which reimbursement is requested, whether it be for
meals, lodging, transportation or any other purpose.
(2)
A description of the event, occasion or circumstances related to
the claim and the public policy or public purpose served.
17
16.4
MEALS
Meal costs must be incurred directly by the claimant; direct billing to
the City by a restaurant is prohibited except by.way of an authorized
City credit card.
Payment for table service at a restaurant, commonly referred to as a tip,
not to exceed fifteen percent (15%) of the restaurant price of the meal,
is reimbursable as a reasonable and necessary cost for such service.
16.5
PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City
business is authorized for reimbursement.
All City officials claiming reimbursement for meals consumed while on
City business shall be entitled to reimbursement not to exceed the
Renzheimer Meal/Lodging Index.
Notwithstanding the foregoing index, actual meal costs may be claimed
when they are part of a regularly scheduled business event such as
training seminar, professional meeting, or other business meeting.
If the costs of meals for persons other than the claimant are included,
those persons must be entitled to meal reimbursement in their own
right and they shall be listed by name and title in claim documentation.
16.6
EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1) Liquor
(2)
Expenses of a spouse or other persons not authorized to receive
reimbursement under this policy.
16.7
TRAVEL
Reimbursement for reasonable costs of business travel is authorized.
General guidelines are as follows.
18
16.8 CITY VEHICLE
Out-of-the-area costs of vehicle operation are authorized, such as gas,
oil, tires and necessary repairs.
16.9
PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the
City at such rate per mile as shall be established from time to time by
the City Manager in his/her discretion, but not to exceed the then
current maximum rate allowed by the United States Internal Revenue
Service for reimbursement of such expenses for purposes of business
travel expense deductions. Trips beyond this limit will be reimbursed
at the lower of a) the established rate per mile, or b) the lowest available
(other than non-refundable) airfare obtainable by the City's Purchasing
Manager plus mileage reimbursement at the then current City rate,
based upon the estimated distance between the airport and the
destination. Incidental travel costs such as parking, ferry or bridge tolls
are reimbursable as they would be if a City vehicle was provided.
16.10
RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and
must be approved in writing per Section 4A (Meal Reimbursement for
Non-City Officials). Vehicle rental authorization must be separately set
out in any request for approval of such expenses. Approval of vehicle
rental as an item on a travel advance request will not be considered
sufficient authorization without a separate statement presenting the
reason such an expenditure is required.
16.11
AIR TRAVEL
Arrangement for air travel on City related business shall be arranged
by the Purchasing staff of the Finance Department or as otherwise
designated by the City Manager as outlined below:
(1)
Whenever feasible, the need for air travel arrangements should
be provided by way of the normal requisition process at least 5
weeks in advance of the departure date.
(2)
The authorized procurer will arrange for air travel based on the
lowest available (other than non-refundable) airfare for a
regularly scheduled flight which reasonably accommodates the
time of travel requested, and the destination as specified by the
requisitioning department.
(3)
The authorized procurer will purchase the tickets at the time the
rate is quoted and the Councilmember will be advised of the
arrangements for acquiring the tickets.
(4)
If personal travel is combined with business related travel, the
traveling Councilmember shall be responsible for paying the
increase in airfare necessary to accommodate the personal part
of the flight. The City shall only pay the lowest available (other
than non-refundable) airfare for the round trip between the
Seattle/Tacoma airport and the business related destination.
Such payment for a personal travel shall accompany the City's
payment to the vendor for the tickets.
(s)
If changes in travel plans occur that are the result of City
business requirements, (i.e. delays in departure, cancellations,
extended stays, or revised itinerary) any associated costs shall
be paid by the City. However, all increase in cost of travel due to
changes for personal convenience will be borne by the
Councilmember.
(6)
Officials who obtain airline tickets on their own will be
reimbursed based on the lower of: a) Actual out-of-pocket cost
paid for the airline tickets or alternate means of transportation
(substantiated by a receipt); or b) the lowest (other than non-
refundable) airfare available for their time of travel, unless an
exception is granted in writing by the City Council. In this case,
the official must pay the cost of the travel and seek
reimbursement along with all other travel expenses. Direct
billing of airfare to the City is allowed only if ordered by the
Purchasing Staff, as may be authorized by the City Manager.
16.12
FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
16.13
OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls,
parking, ferry, porter, bellman and the like (not including any maid
service) are authorized by a listing of same as provided by the
20
16.14
16.15
16.16
16.17
16.18
reimbursement form. Payment of a reasonable amount for porter
service, bellman service and the like is considered to be a necessary
payment for such service and, therefore, reimbursable.
VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of
this type expense exceeds $10.00.
Local parking, ferry and bridge tolls may be reimbursed through the
Petty Cash system, subject to the Petty Cash Guidelines.
OUT-OF-STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or
overnight travel expense, the one way travel distance must be greater
than 50 miles from City or home.
ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable
and will be reimbursed at a maximum of the single room rate. A
vendor's receipt for this category is required for all claims. Direct
billing of hotel/motel charges is not allowed unless by way of an
authorized City credit card.
INCIDENTALEXPENSES
Includes all reasonable and necessary incidental expenses and
includes, but is not limited to, the following.
ALLOWABLE INCIDENTAL EXPENSES
Laundry expenses if away from home four (4) or more calendar days.
Baggage checking.
Business telephone and postage expenses. Personal telephone calls
home, if away from home for more than a 24 hour duration, are
considered a business telephone expense.
21
16.19 NON-ALLOWABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to
receive reimbursement under this policy
Barber or beauty parlor services.
Airline and other trip insurance.
Personal postage, reading material, telephone calls.
Personal toiletry articles.
16.20
NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the following:
(1)
Meals consumed by the City official during meetings and other
functions which conduct official City business or serve to benefit
the City of Federal Way are reimbursable to the official.
(2)
Generally, the City will not incur costs for refreshments, and
other related items, for meetings or functions held in the normal
course of business or that are attended solely by City officials.
However, such meetings or functions wherein a municipal
function, public purpose, or City program is served or furthered,
and wherein the City Council has expressly approved the
meeting as such, the City may incur such costs directly or as a
reimbursement to employees who have incurred such costs on
behalf of the City.
(3)
Refreshments purchased solely for personal entertainment are
not a legitimate City expense.
16.21
CEREMONIES AND CELEBRATIONS
(1) Reasonable expenses, including food and beverage, associated
with commemorating a dedication or an unveiling that is
22
16.22
16.23
16.24
(2)
(3)
recognized as serving a public purpose are legitimate City
expenditures.
Private celebrations rather than public celebrations are not
generally considered as serving a public purpose. Refreshment,
food and beverage related costs would therefore not be
recognized as legitimate City expense.
Support of a local "event" or celebration may not take the form
of a gratuitous contribution of public funds to a private person,
committee or organization. Expenditure of public funds on a
publicly sponsored event requires the existence of a
recognizable public purpose that relates to the City's existence,
properauthorizationfrom the legislative authority for such public
sponsorship, and a reasonable relationship between the amount
of the City's expenditure and the "public" nature of the event.
MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS
Councilmember claims for the reimbursement of meal costs for non-
city employees and non-city officials shall be documented by a memo
authorized by the Mayor or, in the Mayor's absence, the Deputy Mayor.
The memo must identify:
(1) The names of the individual or individuals being hosted;
(2) Their official title or capacity as it related to City business;
(3)
The explanation of why this expenditure was an appropriate use
of City funds.
CLAIMS AND APPROVAL PROCEDURE
All claims shall be submitted for reimbursement using the form
provided by the City Finance Department. Travel and subsistence
expenses except for incidental and minor costs will not be paid from
any Petty Cash Fund, unless as in compliance with petty cash policy
adopted by the City.
Special approvals required by this policy shall be obtained by
Councilmembers, from the Mayor, or in his/her absence, by the Deputy
Mayor. Such approvals shall be by separate memo which identifies the
policy exception being authorized and explains the reasons therefor.
23
16.25
Claims may include the reimbursable costs of other City officials who
would be entitled in their own right to claim business expenses.
16.26
Claims of Councilmembers must be approved by the Mayor or in
his/her absence the Deputy Mayor.
16.27
Exceptions to the expense rules for unusual circumstances may be
approved at a regular City Council meeting by a majority vote of the
Councilmembers present at the meeting.
16.28
In preparation of the City's annual operating budget, Councilmember
travel and training expenses shall be anticipated and included in
budget appropriations. Attendance at annual conferences of municipal
officials, such as the National League of Cities or Association of
Washington Cities, shall be addressed at the time of budget adoption
to reflect the number of Councilmembers who will attend to represent
the City.
Meetings, conventions or training programs that require expenditure of
funds to be reimbursed or paid on behalf of Councilmembers, and that
are not anticipated at the time of budget adoption, must be submitted
to the Council for approval. The request must be presented to the
Council in a timely manner prior to the event to permit an opportunity
for the Council to review and approve or deny the request based on its
merit, to allow all Councilmembers opportunity to discuss the
appropriate Council attendance. The request shall include: (a) Name
of organization sponsoring meeting, (b) Why attendance is requested;
benefits to the City, (c) Councilmember(s) to attend, (d) Location, (e)
Attendance dates, and (f) Estimated cost to the City.
16.29
A report, oral and/or written as appropriate, shall be made to the
Council at a meeting no later than two (2) weeks following said
conference, seminar or training, in order that the full Council may
benefit from the training experience received by the Councilmember
who attended. A record of such reports shall be maintained by the City
Clerk.
The Mayor shall make an annual State of the City report during a
regularly scheduled City Council meeting; a written report shall be
made available to the public at the time of the meeting.
24
The City Manager shall provide an Executive Summary following each
City Council retreat; a written report shall be made available to the
public the first working day following the retreat.
SECTION 17.
PUBLIC RECORDS
17.1
Public records created or received by the Mayor or any Councilmember
should be transferred to the City Clerk's office for retention by the City
in accordance with the Public Records Act, Chapter 42.17 RCW. Public
records that are duplicates of those received by, or in the possession
of the City, are not required to be retained. Questions about whether
or not a document is a public record or if it is required to be retained
should be referred to the City Attorney.
17.2
(Reserved for Electronic Records/Electronic Mail)
SECTION 18.
CITY MANAGER EVALUATION
PROCESS
18.1
18.2
18.3
18.4
18.5
The Mayor, Councilmembers and City Manager will determine the
evaluation criteria and format for the process.
After the criteria have been developed, the Councilmembers need to
concur on when the completed evaluation forms are due and who will
collect these documents.
Councilmembers need to discuss and decide if the Mayor and one (1)
or more Councilmembers should meet prior to the actual evaluation;
this meeting would allow time to summarize the comments; also, this
sub-committee (of less than a quorum) could determine
recommendations for the City Manager's employment contract
amendments, including, but not limited to, salary, performance
payment, cost-of-living increase; the sub-committee can make a
recommendation to the entire Council at the time of the evaluation.
Copies of the City Manager's current employment contract shall be
made available to the entire Council.
At the evaluation session, the summary comments may be given, as
well as individual comments by Councilmembers; the City Manager
may wish to respond which is usually at the conclusion of the Council
25
comments; the City Manager's contract should be discussed and any
recommendations may be concurred to by the Council.
18.6
The evaluation is held in Executive session. Attendance is limited to
the Mayor, Councilmembers, City Manager and City Attorney.
18.7
The final step of the City Manager evaluation process is to have the City
Attorney prepare amendments, if any, to the City Manager's
employment contract. This contract needs to be approved as a
Consent Agenda item at a Council meeting.
18.8
The Mayor shall prepare a press release no later than the next working
day following the Executive Session regarding the results of the
evaluation.
SECTION 19.
MAYOR/DEPUTY MAYOR SELECTION
PROCESS
19.1
The Mayor and the Deputy Mayor shall be nominated and elected from
the ranks of the sifting Councilmembers.
19.2
The Mayor and Deputy Mayor shall be elected for two (2) year terms at
the first Regular City Council meeting in January of the applicable year,
by a majority vote of the City Council in accordance with RCW
35A.12.065.
19.3
The City Clerk or designee shall conduct the election for Mayor. The
Mayor shall then conduct the election for the Deputy Mayor. (See
Appendix "A" to these Rules.)
SECTION 20.
CITY ADVISORY COMMITTEES
20.1
Federal Way's commissions, committees and task forces provide an
invaluable service to the City. Their advice on a wide variety of
subjects aids the Mayor and Councilmembers in the decision-making
process. Effective citizen participation is an invaluable tool for local
government.
20.2
These advisory bodies originate from different sources. Some are
established by ordinance while others are established by motion of the
26
20.3
20.4
20.5
20.6
20.7
20.8
20.9
City Council. It is at the discretion of the Council as to whether or not
any advisory body should be established by ordinance.
Federal Way advisory bodies bring together citizen viewpoints which
might not otherwise be heard. Persons of wide-ranging interests who
want to participate in public service but not compete for public office
can be involved in governmental commissions, committees and task
forces. These bodies also serve as a training ground or stepping stone
for qualified persons who are interested in seeking public office.
As Federal Way advisory bodies have been formed since incorporation,
the adoption of uniform rules of procedure is necessary to assure
maximum productivity. The following policies govern the City's
advisory groups; some of these advisory groups may have more
specific guidelines set forth by ordinance, resolution, the Federal Way
City Code, or at times by state law.
Every advisory body, when it is formed, will have a specific statement
of purpose and function, which will be re-examined periodically by the
City Council to determine its effectiveness. This statement of purpose
is made available to all citizen members when they are appointed.
The size of each advisory group is determined by the City Council and
the size is related to its duties and responsibilities. Another
determination to be made prior to formation, is the cost impact for City
staffing a proposed advisory body.
The Council may dissolve any advisory body that, in their opinion, has
completed its working function or for any other reason.
Members and alternate members of all advisory bodies are appointed
by majority vote of the Councilmembers during a regularly scheduled
meeting.
The Council Committee that the advisory committee reports to shall be
convened to review, interview and recommend Citizen Advisory
Committee appointments to the City Council at a regularly scheduled
meeting. Any Councilmember who shall attend the public interview
session shall be eligible to vote on the recommendation to be made to
the full Council. A quorum of three (3) Councilmembers shall be
required to forward any recommendation to the full Council.
27
20.10
The City Council may approve reappointment of citizens wishing
second terms subject to any limits established by ordinance or other
laws.
20.11
Councilmembers will raise any concerns about any recommendation
prior to the City Council meeting that is scheduled for the approval of
the appointment.
20.12
Vacancies are advertised so that any interested citizen may submit an
application. Applicants must be citizens of the City of Federal Way if
required by the Federal Way City Code or if required by the City
Council. Councilmembers are encouraged to solicit applications from
qualified citizens. Applications shall be available from the Office of the
City Clerk.
20.13
Lengths of terms vary from one advisory body to another, but in all
cases overlapping terms are intended. On special work task forces,
where a specific project is the purpose, there need not be terms of
office.
20.14
Newly appointed members will receive a briefing by the commission,
committee or task force chairperson and/or City staff, regarding duties
and responsibilities of the members of the advisory body. This will
include a review of the City of Federal Way Ethics Code. Each newly-
appointed memberwill receive an information packetwhich will include
a Certificate of Appointment signed by the City Council, a commission,
committee or task force membership list, responsible City staff
member, statement of purpose for the advisory body which may
include an ordinance, resolution, bylaws, or annual work program and
a copy of the City of Federal Way Ethics Code.
20.15
All advisory bodies will be responsible for adopting their operating
policies consistent with the establishing resolution or ordinance.
20.16
All meetings of advisory bodies are open to the public in accordance
with the public meeting laws of the State of Washington which requires
a minimum 24-hour advance notice; no advisory committee will
schedule a meeting earlier than 7:00 a.m.
20.17
The number of meetings related to business needs of the advisory
group may be set by the individual body, unless set forth in a
resolution or ordinance. Notice of all meetings, including date, time,
place and principal subjects to be discussed will be published in
28
accordance with the public meetings laws of the State of Washington
and the policies of the City of Federal Way.
20.18
The advisory body chairperson will be responsible for coordinating the
meeting agendas with the appropriate City support staff.
20.19
Minutes will be kept of all meetings in accordance with the public
meeting laws of the State of Washington. The appropriate City support
staffwill be responsible for preparation of the minutes of each advisory
committee meeting.
20.20
Excessive absenteeism, excluding illness or required travel, is cause
for the removal of an advisory body member. Three (3) consecutive
absences will be considered resignation from the body unless prior to
the third absence, the member has requested, and been granted, an
excused absence. The advisory body granting the excused absence
will determine the validity of the request.
20.21
Members may resign at any time their personal circumstances change
to prevent effective service.
Members may be removed, from any advisory committee, prior to the
expiration of their term of office, by a majority vote of the City Council.
20.22
A quorum for conducting business is a simple majority of the
membership of the advisory body.
20.23
All members of advisory bodies should be aware of the need to avoid
any instance of conflict of interest. No individual should use an official
position to gain a personal advantage.
2O.24
Lobbying efforts by any advisory bodies on legislative, or political,
matters should first be checked for consistency with existing City
policy by contacting the City Manager's office. In the event a position
is taken that differs from that of the City's policy, an advisory body
acting as an official body of the City of Federal Way, cannot represent
that position before another body, i.e., the State Legislature or the King
County Council. An individual member is free to voice a position, oral
or written, on any issue as long as it is made clear that he or she is not
speaking as a representative of the City of Federal Way, or as a
member of his or her commission, committee or task force.
29
20.25
Members of advisory bodies are encouraged to attend City Council
meetings to keep abreast of Council actions.
20.26
The City Council transmits referrals for information or action through
the City Manager to the advisory groups. These advisory groups
transmit findings, reports, etc., to the City Council through the City
Manager.
20.27
While the City staff's role is one of assisting the commission,
committee or task force, the City staff members are not employees of
that body. The City staff members are directly responsible to his or her
Department Director and the City Manager.
20.28
Annually, each advisory committee shall develop a work program for
the City Council's consideration and approval. The City Council may
amend the committee's work program.
SECTION 21.
COUNCIL COMMITTEES
21.1
Council committees are policy review and discussion arms of the
Council. Committees may study issues and develop recommendations
for consideration by the Council. Committees may not take binding
action on behalf of the City unless a quorum of the City Council is
present, the Council Committee has been advertised as a Special
Meeting of the Whole City Council and, by majority vote, the City
Council has directed that such action occur at the Council Committee.
Council Committee structure shall be as determined by the City Council
in January of each year. The 1999 committees are as follows:
FINANCE/ECONOMIC
COMMITTEE
DEVELOPMENT/REGIONAL
AFFAIRS
LAND USE/TRANSPORTATION COMMITTEE
PARKS/RECREATION/HUMAN
COMMITTEE
SERVICES & PUBLIC SAFETY
21.2
Committees shall establish regular meeting schedules as determined
by the Chair of the Committee.
30
21.3
Each committee will have staff support assigned by the City Manager.
Staff will work with the committee chairs to set agendas, provide
support materials and prepare reports.
21.4
Summaries of each meeting will be prepared by staff and distributed to
the Mayor and Councilmembers. These summaries will be in lieu of
verbal reports at Council meetings.
21.5
The City Manager or Mayor may send issues directly to committees for
their review in lieu of being referred to committee by the entire Council.
21.6
Committee appointments (chairs and members) shall be made by the
Mayor. The Mayor will take into account the interests and requests of
individual Councilmembers in making committee assignments.
21.7
Membership of each committee will consist of three (3)
Councilmembers.
21.8
The Mayor shall be "ex officio" members of each committee. The
Deputy Mayor may serve as "ex officio" or be appointed to a committee.
21.9
The Mayor will make committee assignments each January, with
members serving one (1) years terms.
SECTION 22.
FILLING CITY COUNCIL VACANCIES
22.1 PURPOSE
The purpose of this section is to provide guidance to the City Council
when a Federal Way Councilmember position becomes vacant before
the expiration of the official's elected term of office. Pursuant to state
law, a vacancy shall be filled only until the next regular municipal
election, to serve the remainder of the unexpired term.
22.2
REFERENCES
RCW 42.30.110(h) Executive Session Allowed to Consider
Qualifications of a Candidate for Appointment to Elective Office
RCW 42.30.060 - Prohibition on Secret Ballots
RCW 42.12 - Vacant Position
3l
22.3
RCW 35A.13.020 - Vacancies - Filling of Vacancies in Council/Manager
Form of Government
APPOINTMENT PROCESS
A Council position shall be officially declared vacant upon the
occurrence of any of the causes of vacancy set forth in RCW
42.12.010, including resignation, recall, forfeiture, written intent
to resign, or death of a Councilmember. The Councilmember
who is vacating his or her position cannot participate in the
appointment process.
(2)
The City Council shall direct staff to begin the Councilmember
appointment process and establish an interview and
appointment schedule, so that the position is filled atthe earliest
opportunity.
(3)
The City Clerk's Office shall prepare and submit a display
advertisement to the City's official newspaper, with courtesy
copies to all other local media outlets, which announces the
vacancy consistent with the requirements necessary to hold
public office: that the applicant (a) be a registered voter of the
City of Federal Way, and (b) have a one (1) year residency in the
City of Federal Way. This display advertisement shall be
published once each week for two (2) consecutive weeks. This
display advertisement shall contain other information, including
but not limited to, time to be served in the vacant position,
election information, salary information, Councilmemberpowers
and duties, the deadline date and time for submitting
applications, interview and appointment schedules, and such
other information that the City Council deems appropriate.
(4)
The City Clerk's Office shall prepare an application form which
requests appropriate information for City Council consideration
of the applicants. Applications will be available at City of Federal
Way offices, King County libraries located in Federal Way, the
Federal Way Chamber of Commerce office, the Federal Way
School District administration office and such other locations
that the City Council deems appropriate. Copies of the display
advertisement will be provided to current members of City of
Federal Way commissions, committees, task forces and other
City-sponsored citizen groups.
32
22.4
(s)
Applications received by the deadline date and time will be
copied and circulated, by the City Clerk's Office, to the Mayor
and City Council. Packets may also contain additional
information received such as endorsements, letters of reference
and other pertinent materials.
(6)
The City Clerk's Office shall publish the required public notice(s)
for the meeting scheduled for interviewing applicants for
consideration to the vacant position. This meeting may be a
regularly scheduled City Council meeting, or a special City
Council meeting.
(7)
The City Clerk's Office shall notify applicants of the location,
date and time of City Council interviews.
(8)
Prior to the date and time of the interview meeting, the Mayor
shall accept one interview question from each Councilmember.
INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30
minutes in length as follows:
(1)
The applicant shall present his or her credentials to the City
Council. (10 minutes)
(2)
The City Council shall ask the predetermined set of questions
which must be responded to by the applicant. Each applicant
will be asked and will answer the same set of questions, and will
have 2 minutes to answer each question. (14 minutes)
(3)
An informal question and answer period in which
Councilmembers may ask and receive answers to miscellaneous
questions. (10 minutes)
(4)
The applicants order of appearance will be determined by a
random lot drawing performed by the City Clerk.
(s)
The Council may reduce the 30 minute interview time if the
number of applicants exceed six (6) candidates, or alternatively,
the Council may elect not to interview all of the applicants if the
number exceeds six (6) candidates. The decision as to which
33
applicants to interview will be based on the information
contained in the application forms.
22.5
VOTING
Upon completion of the interviews, Councilmembers may convene into
Executive Session to discuss the qualifications of the applicants.
However, all interviews, nominations and votes taken by the Council
shall be in open public session.
(1) The Mayor shall ask for nominations from the Councilmembers.
(2)
After a nomination and second has been received, the City Clerk
shall proceed with a roll-call vote.
(3)
Elections will continue until a nominee receives a majority of
four (4) votes.
(4)
At anytime during the election process, the City Council may
postpone elections until a date certain or regular meeting if a
majority vote has not been received.
(5)
Nothing in this policy shall prevent the City Council from
reconvening into Executive Session to further discuss the
applicantYcandidate qualifications.
(6)
The Mayor shall declare the nominee receiving the majority vote
as the new Councilmember and shall be sworn into office by the
City Clerk at the earliest opportunity or no later than the next
regularly scheduled City Council meeting.
(7)
If the City Council does not give a majority vote within 90 days
of the declared vacancy, the Revised Code of Washington
delegates appointment powers to King County.
SECTION 23.
MISCELLANEOUS
23.1
When Councilmembers register to attend an official conference
requiring voting delegates, such as the annual National League of
Cities or Association of Washington Cities, the Council shall designate
the voting delegate(s) and alternate voting delegate(s) during a public
meeting, by a majority vote; when possible, said selection of voting
34
delegate(s) shall be done on a rotating basis for the purpose of
allowing all Councilmembers the opportunity to be an official voting
delegate.
SECTION 24.
SUSPENSION AND AMENDMENT OF
RULES
24.1
24.2
Any provision of these rules not governed by state law or ordinance,
may be temporarily suspended by a two-thirds (2~3) majority vote of the
Council.
These rules may be amended, or new rules adopted, by a majority vote
of the Council.
K:~DOCUMENT~CCRULES.3
10113199
35
APPENDIX "A"
MAYOR/DEPUTY MAYOR ELECTION PROCESS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any Councilmember may nominate a candidate; no second is needed.
Nominations are closed by a motion, second and 213 vote of Council.
If only one (1) nomination is made, it is appropriate to make a motion and
obtain a second to instruct the City Clerk to cast a unanimous ballot for that
nomination. Approval is by majority vote of Councilmembers present.
If more than one (1) nomination is made, an open election is conducted by roll
call vote.
To be elected, the nominee needs a majority vote of the Council.
Elections will continue until a Mayor and Deputy Mayor are elected by a
majority vote of the Council.
The City Clerk shall declare the nominee receiving the majority vote as the
new Mayor. The new Mayor shall declare the nominee receiving the majority
vote as the new Deputy Mayor. The Clerk shall swear the individuals into
office.
36
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: AGREEMENT WITH TWIN LAKES HOMEOWNERS ASSOCIATION
FOR SECURITY SERVICES
CATEGORY: BUDGET IMPACT:
CONSENT
ORDINANCE
X BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Memo dated 9/29/99 from Ronald T. Wood, Director of Public Safety and copy of
proposed Agreement; Memo dated 10/6/99 from Londi K. Lindell, City Attorney, to
City Council
SUMMARY/BACKGROUND: See attached Memos.
CITY COUNCIL COMMITTEE RECOMMENDATION: Move the Agreement between the Twin
Lakes Homeowners Association and the City of Federal Way Department of Public Safety, providing
for three additional police officer positions to the full City Council without a recommendation.
.............................................................................................................................
Option 1: Direct and authorize the City Manager to enter into the attached Agreement, with the
amendments proposed by the City Attorney, with the Twin Lakes Homeowners Association for the
provision of three contract police officers, subject to Council authorization of three additional FTEs during
the mid-biennial budget adjustment process.
?~ Option 2: Approve in concept the provision of three contract officers to the Twin Lakes Homeowners
/LC/~a_~Association, subject to Council authorization of three additional FTEs during the mid-biennial budget
adjustment process; direct the City Manager to reopen negotiations with the Association for the purpose of
addressing Council concerns with the termination provisions of the Agreement; and direct that the
Agreement be brought back to Council for final approval.
Option 3: Reject in concept the provision of three contract officers to the Twin Lakes Homeowners
Association. ~'t'Jge-J~- ~ ,_'-, /-~~t".~
.................................... ......... ........................................................................................................................................................
...........
APP ROVEDcFOR~C L USI~I~OUNC ~
(BELOW TO BE COMPLETED ~YY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERREDfNO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:\agnditem\twinlks.agt
Item 5B
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
From:
Subject:
September 2, 1999
Ronald T. Wood, Director of Public Safety
Twin Lakes Homeowners Association Security Agreement
Background:
The Twin Lakes Homeowners Association has requested the Federal Way Department of Public
Safety to enter into an Interlocal Agreement for the services of a comprehensive public safety
program. This im~ovative undertaking will strategically involve the placement of three (3) Contract
Officers to be assigned xvithin the Twin Lakes interior as a "mini-beat" within the general
geographical dispersal structure of the City, placing it as a section within a regular beat. Twin Lakes
coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or
by the use of other police agency representatives.
This relationship will provide a higher police profile and service level in a major residential
neighborhood, extending the department's community-police partnership while providing added
coverage at a shared cost. Three Police Officer positions will need to be authorized to extend cmTent
staffing to fulfill the contract without reducing current patrol coverage and service levels. The three
positions are already approved for Universal Hiring grant funding by the Department of Justice at
$25,000 per year per Officer for three years. That, coupled with the contract payment fi.om the Twin
Lakes Homeowners Association at $32,000 per Officer per year, will essentially fully fund the direct
staffing costs for the contract for the first three years of its existence.
Attached is the final draft for an Interlocal Agreement betxveen the City of Federal Way and the
Twin Lakes Homeowners Association for Contract Officers. The intent of this Agreement is for the
Federal Way Department of Public Safety to assign three (3) police officers to the Twin Lakes
community (as described in Exhibit "A", Scope of Services, Paragraph 8).
Committee Recommendation:
Motion to approve and accept the Interlocal Agreement betxveen the City of Federal Way and the
Twin Lakes Homeowners Association for the provision of Contract Officers, which includes an
increase of an additional three (3) police officer positions.
AGREEMENT DRAFT
FOR
TWIN LAKES HOMEOWNERS ASSOCIATION
This agreement for Police Services (hereinafter referred to as "Agreement") is effective this __ day
of ., 19 The parties (hereinafter collectively referred as "Parties") to this
Agreement are the City of Federal Way, a Washington municipal corporation (hereinafter referred
to as "City"), and Twin Lakes Homeowners Association (hereinafter referred to as "Twin Lakes"),
which is the Twin Lakes Neighborhood, Inc. (hereinafter referred to as "Neighborhood").
A. It is in the best interest of the citizens of Federal Way for the City's Police Department to
implement a comprehensive public safety program which covers all geographic areas of the City and
recognizes that increased police presence in a densely populated area of the City, such as the
Neighborhood, is a benefit to all; and
B. The City desires to contribute to citizen safety by providing additional services as represented
in a police "mini-beat" in the Neighborhood.
NOW, THEREFORE, the Parties agree as follows:
1. Services. The City shall provide the police services more specifically described in
Exhibit "A," attached hereto, and incorporated by this reference as if set forth in full herein
(hereinafter referred to as "Services").
2. Term. Except as otherwise provided herein, this Agreement shall commence on
December 1, 1999, and terminate on November 30, 2001 (hereinafter referred to as "Term"). The
Agreement shall automatically renew every year, unless otherwise indicated in writing by either of
the parties pursuant to Section 3 of the Agreement.
3. ~ Prior to the expiration of the Term, this Agreement may be terminated
by either Party upon sixty (60) days prior written notice to the other Party, unless terminated sooner
due to a default.
4. Cnmge, matin~ In consideration of the City performing the Services, Twin Lakes
agrees to pay the City an amount equal to Ninety Six Thousand and no/100 ($96,000) Dollars,
calculated at a rate of Thirty-two Thousand and no/100 ($32,000) Dollars per officer per year, and
shall be subject to adjustments for a partial year or a reduction in the number of officers, if
applicable. Payment by Twin Lakes for the Services will be made on a monthly basis, the first
payment due prior to the inception of the Services. In the event of a reduction in the contract price,
the City shall refund the difference of any prepaid amount to Twin Lakes within fifteen (15) days
after written demand.
5. Indemnification.
5.1. Twin lakes Indemnification. Twin Lakes agrees to indemnify and
hold the City, its elected officials, officers, employees, agents, and volunteers,
harmless fi-om any and all claims, demands, losses, actions and liabilities (including
costs and all attorney fees), to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or connected with this Agreement to the extent caused by the
negligent or intentional acts, errors or omissions of Twin Lakes, its partners,
shareholders, agents, employees, or invitees or by the Twin Lakes' breach of this
Agreement, or by defects with the Twin Lakes' facilities. The Twin Lakes
indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under Worker's
Compensation Acts, disability benefit acts or any other benefits, acts or programs.
5.2 City Indemnification. The City agrees to indemnify and hold Twin
Lakes, and their respective officers, directors, shareholders, partners, employees, and
agents harmless from any and all claims, demands, losses, actions and liabilities
(including costs and attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from,
resulting from or connected with this Agreement to the extent caused by the
negligent or intentional acts, errors or omissions of the City, its employees agents
while acting under the direction of the City.
5.3 Survival. The provisions of this Section shall survive the
expiration or termination of this Agreement with respect to any event occurring prior
to such expiration or termination.
6. Independent Contractor Status. The City is performing services under this
Agreement as an independent contractor, and, as such, is responsible, at its sole cost and expense,
for maintaining all appropriate insurance, including but not limited to, Worker's Compensation
insurance, and the payment of all taxes, including but not limited to state and federal income, social
security, disability, and all other taxes. The City shall maintain general liability insurance in the
amount of $1,000,000.00 single limit, and $2,000,000.00 aggregate, which coverage include
property liability. Twin Lakes shall be named as additional insureds, and the City shall furnish
certificates of insurance to Twin Lakes upon request.
7. General Provisions. This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement
may be amended or modified except by written agreement signed by the Parties. This Agreement
shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns.
Any provision of this Agreement which is declared invalid or illegal shall in no way affect or
invalidate any other provision. In the event either of the Parties defaults on the performance o f any
terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an
attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses
subject to such rights to recover same pursuant to Section 5. The venue for any dispute related to
this Agreement shall be King County, Washington. Failure of either party to declare any breach or
default immediately upon the occurrence thereof, or delay in taking any action in connection with,
shall not waive such breach or default. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor.
8. Notices. Any written notices to be given hereunder by either party to the other
may be effected either by personal delivery or by mail, registered or certified, postage prepaid with
return receipt requested. Mailed notices shall be addressed to the following addresses, but each Party
may change the address by written notice in accordance with this paragraph. Notices delivered
personally will be deemed communicated as of actual receipt; mailed notices will be deemed
communicated as of two (2) days al~er deposit, postage prepaid, in the U.S. Mail.
The City
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
Attention: City Manager
Twin Lakes
Twin Lakes Homeowner's Association
3420 S.W. 320th, Ste. B-3
Federal Way, WA 98023-2209
Attention: Coralee Owsley, President
DATED the day and year set forth hereinabove.
CITY OF FEDERAL WAY
By:
KENNETH E. NYBERG, City Manager
33530 1st Way South
Federal Way, WA 98003
ATTEST:
N. CHRISTINE GREEN, CMC, City Clerk
APPROVED AS TO FORM:
LONDI K. LINDELL, City Attorney
TWIN LAKES HOMEOWNERS ASSOCIATION, INC.
By:
CORALEE OWSLEY, President
3420 S.W. 320th, Ste. B-3
Federal Way, WA 98023-2209
k:\police\twinlk4.agr
EXHIBIT "A"
SCOPE OF SERVICES
1. The City will provide to Twin Lakes three (3) full time, experienced police
officers ("Contract Officers") to provide security for thc Twin Lakes Homeowners
Association and the Twin Lakes community.
2. The City will retain control over the Contract Officers, and the Contract
Officers will workunder the general and direct supervision of the Police Department and will
adhere to departmental policies and procedures. The Contract Officers will work in a full
duty status while on duty as in any Police Department dnty assignment. Contract Officers
will be in uniform during duty hours and will be provided with radios, vehicle, and other
regularly used police equipment. Bicycles and computer equipment may be provided, at the
Police Department's option, to increase service levels.
3. Twin Lakes may provide in-line office space or other facilities to increase
public access and visibility of the Contract Officers. Twin Lakes n-my direct the security
efforts of the Contract Officers on a day-to-day basis, consistent with Police Department
policies, to assure continuity, coverage, and coordination of efforts; provided, however, that
in the event ora conflict between Twin Lakes direction and Police Department direction, the
Police Department direction shall control.
4. Hours of coverage will be flexible to address the needs of the Twin Lakes
community and the operational needs of the Police Department. Each officer assigned to
T~vin Lakes will work 40 hours per seven (7) day work period. The parties agree to work
together to establish the schedules for the Contract Officers.
5. Contract Officers will combine foot patrol and vehicle patrol of the Twin Lakes
community to provide security, visibility, and police services.
6. Contract Officers will serve within the Twin Lakes interior as a "mini-beat"
within the general geographical dispersal structure of the City, placing it as a section within
a regular beat. The regular beat officer, in whose beat the Tv,in Lakes mini-beat is placed,
will provide presence and response capabilities consistent with general beat management
strategies. Twin Lakes coverage by the regular beat officer will not be reduced by the
presence of the Contract Officers or by the use of other police agency representatives.
7. During assigned periods, the Contract Officers will respond to police or public
safety incidents. If the matter can be resolved by the Contract Officers expediently, no
general assignment or specialized assignment officers will need to respond. If needed, as
Exhibit "A" - Page 1
determined by the Police Department, other officers will be dispatched as in the resolution
of any similar matter throughout the City. If the incident requires extended investigation or
follow-up investigation away from Twin Lakes, or prisoner transportation, general
assignment officers will relieve the Contract Officers to allow them to resume their assigned
duties.
8. The area of patrol coverage by Contract Officers pursuant to this Agreement
shall be the area described in the plats recorded in the King County Auditors Office as Twin
Lakes Divisions One, Two, Three, Four, Five, Six, Seven, Eight, Nine, and Ten, including
all single fan-fily residential structures therein, Twin Lakes Golf and Country Clubhouse and
Pro Shop at 3583 SW 320th Street. This shall include all greenbelt areas and commonly held
property owned by Twin Lakes Homeowners' Association, but excluding all apartment
houses, condominiums, shopping center shops, stores and professional buildings, and duplex
at 3200 block of 43rd Place SW, as well as the Parker E. Cook Townhouses at 32004 43rd
Place SW. The Twin Lakes Homeowners Association Office, 3420 SW 320th Street, Suite
B-3, front and back doors will be checked nightly and on weekends.
9. Contract Officers may be contacted by the resident within the Twin Lakes plats
in the following manner: resident may telephone the Federal Way Department of Public
Safety at 253-661-4711, the Watch Commander at 661-4710, or 911. When on duty, the
officers may be contacted directly by cellular phone number (206) 427-5898.
10. Contract Officers will have available a resident record in each car as supplied
by the Association Office. Should there be any unusual condition involving the property of
a resident situated in said plats, the resident xvill be notified if appropriate.
11. Contract Officers shall provide the residents of Twin Lakes plats with the
following service as required:
Physical inspection (check homes of residents on vacation or absent for
more than twenty-four hours) a minimum of once every shift.
However, residents must make sure dispatch or the Contract Officers
are notified of departure and return if service is to be rendered.
Provide telephone stickers, as required and approved by the
Association, to include the following information: Police and Fire at
911. Sufficient quantity of stickers for' the term of the contract will be
supplied to the Association as needed.
Physical inspection of club, pro shop, and maintenance yard o£Twin
Lakes Ool f' and Country Club.
Exhibit "A" - Page 2
Should Contract Officers notice a street light out, notify Puget Sound
Power and Light (929-1100) of the incident, giving specific location or
the pole by the house address and enter in the Officer log. Any road
defects are to be reported to the Association Office and duly noted in
the vehicle log sheet.
Eo
The Department will provide a summary activity report to the
Homeowner's Association on a monthly basis.
Fo
Should Contract Officers notice a garage door open bet~veen 10:00 p.m.
and 6:00 a.m, they wilt attempt to notify the resident.
12. In the event Twin Lakes has complaints or concerns regarding the services provided
under the A~eement, the duty Watch Commander will be contacted.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first herein above written.
TWIN LAKES HOMEOWNERS ASSOCIATION
FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY
By Date:
I:\CONTRAC'[\TW [NLAK4.A
Exhibit "A" - Page 3
DATE:
TO:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
October 6, 1999
City Councilmembers
Londi K. Lindell, City Atto~,~/'''
Twin Lakes Security Agreement
You asked me to review a proposed agreement between the Twin Lakes Homerowners' Association
and the City of Federal Way, and respond to concerns raised by David Larson.
BACKGROUND
In August, 1998, the Department of Public Safety and the Twin Lakes Homeowner's Association
discussed ways in which the Department could provide law enforcement services to the Twin Lakes
area. The Association proposed an agreement by which it would partially reimburse the Department
for the cost of three new officers, who the Department would primarily assign to the Twin Lakes
area.
In a confidential attorney/client memorandum to the Council dated February 18, 1999, the Law
Department provided legal analysis and addressed contractual issues. In March 9 and October 6,
1999 confidential attorney/client memoranda, the Law Department provided additional legal
analysis, this time to address constitutional issues.
The proposed Agreement was reviewed by the City Council Parks/Recreation/Human
Services/Public Safety Committee two times: once on February 22, 1999 and again on September
13, 1999. PARCS forwarded the Agreement to the full Council for consideration, but without a
PARCS recommendation.
CONCLUSION
The proposed Agreement does not violate applicable provisions of the Washington constitution,
provided it is fairly administered. Public/private agreements for police services are a new approach,
however, and there are no reported Washington cases directly addressing the validity of an
agreement substantially similar to the agreement proposed by the Association. I am recommending
amendments to the Scope of Services to more clearly describe the parties' intent as set forth in
Exhibit A attached to this Memorandum.
K:counmemo\twin2.mem
DRAFT
Amendments Proposed by City Attorney
EXHIBIT "A"
SCOPE OF SERVICES
1. The City will provide to Twin Lakes three (3) full time, experienced police
officers ("Contract Officers") to provide security for the Twin Lakes Homeowners
Association and the Twin Lakes community.
2. The City will retain control over the Contract Officers, and the Contract
Officers will work under the general and direct supervision of the Police Department and will
adhere to departmental policies and procedures. The Contract Officers will be available for
general assignment work outside the Twin Lakes area and will work in a full duty status
while on duty as in any Police Department duty assignment. Contract Officers will be in
uniform during duty hours and will be provided with radios, vehicle, and other regularly used
police equipment. Bicycles and computer equipment may be provided, at the Police
Department's option, to increase service levels.
3. Twin Lakes may provide in-line office space or other facilities to increase
public access and visibility of the Contract Officers. Twin Lakes may direct the security
efforts of the Contract Officers on a day-to-day basis, consistent with Police Department
policies, to assure continuity, coverage, and coordination of efforts; provided, however, that
in the event ora conflict between Twin Lakes direction and Police Department direction, the
Police Department direction shall control.
4. Hours of coverage will be flexible to address the needs of the Twin Lakes
community and the operational needs of the Police Department. The parties agree to work
together to establish the schedules for the Contract Officers.
5. Contract Officers will combine foot patrol and vehicle patrol of the Twin Lakes
community to provide security, visibility, and police services.
6. Contract Officers will serve within the Twin Lakes interior as a "mini-beat"
within the general geographical dispersal structure of the City, placing it as a section within
a regular beat. The regular beat officer, in whose beat the Twin Lakes mini-beat is placed,
will provide presence and response capabilities consistent with general beat management
strategies.. Twin Lakes coverage by the regular beat officer will not be reduced by the
presence of the Contract Officers or by the use of other police agency representatives.
Twin Lakes Agreement, Exhibit A
Page 1
7. During assigned periods, the Contract Officers will respond to police or public
safety incidents both inside and outside of the Twin Lakes area. If the matter can be resolved
by the Contract Officers expediently, no general assignment or specialized assignment
officers will need to respond. If needed, as determined by the Police Department, other
officers will be dispatched as in the resolution of any similar matter' throughout the City. If
the incident requires extended investigation or follow-up investigation away from Twin
Lakes, or prisoner transportation, general assignment officers, if possible, will relieve the
Contract cers tc~ ..~..,~., [,~ ,~o~,,,~ ~,,~,.
8. The area of patrol coverage by Contract Officers pursuant to this Agreement
shall be the area described in the plats recorded in the King County Auditors Office as Twin
Lakes Divisions One, Two, Three, Four, Five, Six, Seven, Eight, Nine, and Ten, including
all single family residential structures therein, Twin Lakes Golf and Country Clubhouse and
Pro Shop at 3583 SW 320th Street. This shall include all greenbelt areas and commonly held
property owned by Twin Lakes Homeowners' Association, but excluding all apartment
houses, condominiums, shopping center shops, stores and professional buildings, and duplex
at 3200 block of 43rd Place SW, as well as the Parker E. Cook Townhouses at 32004 43rd
Place SW. The Twin Lakes Homeowners Association Office, 3420 SW 320th Street, Suite
B-3, front and back doors will be checked nightly and on weekends.
9. Contract Officers may be contacted by the resident within the Twin Lakes plats
in the following manner: resident may telephone the Federal Way Department of Public
Safety at 253-661-4711, the Watch Commander at 661-4710, or 911.
10. Contract Officers will have available a resident record providing the names and
addresses of persons to contact in the event of an emergency, in each car as supplied by the
Association Office. Should there be any unusual condition, as determined by the Contract
Officers, involving the property of a resident situated in said plats, the resident will be
notified if appropriate.
11. Contract Officers shall provide the residents of Twin Lakes plats with the
following service as required:
Physical inspection (check homes of residents on vacation or absent for
more than twenty-four hours) a minimum of once every shift.
However, residents must make sure dispatch or the Contract Officers
are notified of departure and return if service is to be rendered.
Twin Lakes Agreement, Scope of Services
Page2
Bo
Provide telephone stickers, as required and approved by the
Association, to include the following information: Police and Fire at
911. Sufficient quantity of stickers for the term of the contract will be
supplied to the Association as needed.
Co
Physical inspection of club, pro shop, and maintenance yard of Twin
Lakes Golf and Country Club.
Do
Should Contract Officers notice a street light out, notify Puget Sound
Power and Light (929-1100) of the incident, giving specific location or
the pole by the house address and enter in the Officer log. Any road
defects are to be reported to the Association Office and duly noted in
the vehicle log sheet.
Uo
The Department will provide a summary activity report to the
Homeowner's Association on a monthly basis.
Fo
Should Contract Officers notice a garage door open between 10:00 p.m.
and 6:00 a.m., they will attempt to notify the resident.
12. In the event Twin Lakes has complaints or concerns regarding the services provided
under this Agreement, the duty Watch Commander will be contacted.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first herein above written.
TWIN LAKES HOMEOWNERS ASSOCIATION
By Date:
FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY
By Date:
k:\police\twinlak5.reA
Twin Lakes Agreement, Scope of Services
Page3
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: INTERLOCAL AGREEMENT WITH FEDERAL WAY SCHOOL DISTRICT NO. 210
FOR SCHOOL SECURITY
CATEGORY: BUDGET IMPACT:
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Memo dated 8/25/99 from Ronald T. Wood, Director of Public Safety and copy of
proposed Interlocal Agreement; copy of King County Interlocal with FWSD
SUMMARY/BACKGROUND: See attached Memo. After the proposed Interlocal Agreement was
presented to the Parks, Recreation, Human Services & Public Safety Committee on September 13, 1999~
the City received a copy of a similar interlocal agreement entered into between King County and the
Federal Way School District ("FWSD') to provide a school resource officer at Thomas Jefferson High
School, which provided that FWSD pay the County the actual cost of providing the service, which is equal
to $50,471 for the 1999-2000 school year, ("King County Interlocal"), a copy of which is attached for your
review. The police department is currently renegotiating the $40,000 per officer price set forth in the
attached Interlocal and seeking to increase it to $50,471 for the 1999-2000 school year. Accordingly, the
City Manager's recommendation, Option #1, has approval being subject to an increase in the price.
Certain council members have also expressed a concern regarding the termination provision allowing the
FWSD to terminate within 60 days notice due to the fact that the City's obligation under the COPS federal
grant funding would require retaining the police officers for a minium of the three year term of the grant
award and at least one year thereafter. The King County Interlocat provides for one-year terms that
automatically renew unless terminated at the end of a school year by either party with 90 days prior written
notice. Accordingly, the City Manager's recommendation, Option #1, for approval of the Interlocal is
also subject to renegotiation of the 60 day termination provision.
CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to approve the Interlocal
Agreement between the Federal Way School District No. 210 and the City of Federal Way Department of
Public Safety, including the increase of one additional police officer position.
Option 1: Approve in concept the provision oT'two school resource officers to the Federal Way School
District, with a third officer being subject to Council authorization of an additional FTE during the mid-
biennial budget adjustment process; direct the City Manager to reopen negotiations with the District for the ·
purpose of addressing Council concerns with the compensation and termination provisions of the
Interlocal; and direct that the Interlocal Agreement be brought back to Council for final approval.
Option 2: Direct and authorize the City Manager to enter into the attached Interlocal Agreement with the
Federal Way School District for the provision of two school resource officers, with a third officer being
subject to Council authorization of an additional FTE during the mid-biennial budget adjustment process.
(BELOW TO BE COMPLETED
BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:\agnditem\fwsdsec.agt
Item 5A
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
From:
Subject:
August 25, 1999
Ronald T. Wood, Director of Public Safety
Federal Way School District No. 210 Interlocal Agreement for School
Security
Background:
The City entered an experimental program with the School District at the start of the 1998-1999
school year, placing an officer at two different high schools as School Resource Officers. The
School District was to pay the City roughly $16,000 per position for half of the school year with
an extension to folloxv an evaluation if the program was successful. The agreement continued
through the spring semester and is now pending formalization. During the summer months the
two entity's attorneys have worked out acceptable language in a contract, the Department of
Justice approved ftmding for three years for the two positions budgeted in the 1999-2000 budget
to fulfil the contract, and the School District requested that a third high school be added to the
agreement. The School District is prepared to pay the City $40,000 per position for the school
year period, leaving the officer time to be used elsewhere by the City when school is not in
session. With $25,000 per year per position approved for the two original positions, the City
essentially covers the direct cost of the two School Resource Officers already approved. If the
City chooses to place an officer in the third high school, an additional officer will need to be
budgeted at this time to avoid further reduction of current patrol coverage. If a third school
resource position is authorized by Council, federal grant funding c_an be sought. If obtained, the
third position will essentially be free to the City for three years. If the grant is not approved for
the third officer, the School District would be paying $40,000 per year and the City's direct cost
would be in the $15,000-$20,000 per year range. If the third School Resource Officer position is
not approved by Cotmcil, the contract should be limited to the two previously approved
positions.
Attached is the final draft for an Interlocal Agreement between the City of Federal Way and the
Federal Way School District No. 210 for School Resource Officers. The intent of this
Agreement is for the Federal Way Department of Public Safety to assign three (3) police officers.
to Decatur, Federal Way and Truman High Schools. Assignments under this Agreement are
scheduled for the 1999-2000 school year.
Two of these police officer positions have been approved by City Council and adopted in the
1999-2000 Biennium Budget. An additional police officer position is needed to £ulfil this
Agreement.
Highlights of this Agreement are as follows:
The City will submit two invoices (January and June) for regular SRO work. Each
invoice equates to ',/2 of the school year. Extra duty assignments and overtime will be
billed monthly.
An annual cost letter (anticipated salary and benefit costs) must be submitted to the
District Security Manager on or before April 1 st of each year.
The City will receive $40,000 for each SRO position ($120,000 per 3 positions) in the
first year of the agreement.
Committee Recommendation:
Motion to approve and accept the Interlocal Agr.eement between the City of Federal Way and the
Federal Way School District No. 210 for the provision of School Resource Officers, which
includes an increase of an additional police officer position (1 FTE).
This move will accomplish several objectives which will further establish an essential link
between the Department of Public Safety and the Community. Specifically, this action will
fulfill the requests of the School District, provide annual revenues of $40,000 per officer
($120,000 per 3 officers), prevent further reduction of current patrol coverage, allow the
Department of Public Safety to continue its venture and philosophy of community oriented
policing within the school environment, and ensure the Council and Community that the integrity
of police services will not be compromised.
Page 2 of 2 Federal \Vay School District No. 2 10 Interlocal Agreement for Security. Services
DRAFT
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210
FOR SCHOOL RESOURCE OFFICERS
This Agreement is made and entered into by and between the City of Federal Way
(hereinafter "City") and Federal Way School District No. 210 (hereinafter "District"), collectively
"Parties".
1. The City and the District recognize commissioned police officers on the school
campuses provide the unique opportunity to heighten safety, to increase public awareness, and to
increase outreach in the community.
2. Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make
the most efficient use of their powers by enabling them to cooperate with other entities to provide
services in a manner best serving the needs and development of local communities.
3. The Parties hereto desire and by this agreement enter into an Interlocal Cooperative
Agreement ("Agreement") wherein the City will provide school campus security with fully
commissioned police officers.
4. The Parties hereto desire to set forth their rights, duties and responsibilities with
respect to applicable laws, ordinances, procedures as established by the Parties hereto and the
State of Washington.
NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties
hereto as follows:
I. DEFINITIONS
The following definitions shall apply to this Agreement:
1.1 City - The City of Federal Way.
1.2 District - Federal Way School District No. 210.
1.3
School Resource Officer ("SRO") - A fully commissioned police officer who is assigned
by the Department to provide law enforcement and security services to the District. The
1.4
1.5
1.6
1.7
1.8
1.9
1.10
SRO assignment at the school campuses is the equivalent of a .70 full time police officer
with the remainder .30 to be assigned at the discretion of the Department.
School Campus - The school building, all parking lots or outside common areas adjacent
to the school building, and all property within one thousand feet (1000').
Department - The Department of Public Safety of the City of Federal Way.
School Year - One hundred eighty (180) days of official school days, one day before and
one day after for preparation, closing and staff meeting totaling one hundred eighty-two
(182) days between the months of August and June.
Annual Cost Letter - Anticipated annual costs for services for the next school year. The
anticipated costs are calculated as follows: hours of work per calendar year total 2080
hours, or 260 eight-hour days. The work performed by a SRO represents a staff equivalent
of .70 of a full-time position. The anticipated costs for services will be calculated on the
.70 equivalent.
Extra-duty Assignments - Extra-duty assignments include, but are not limited to, athletic
games, dances, graduations and other events that occur outside the normal school day as
defined in Article V. Hours of Work.
Daily Routine - The daily routine includes assignment to various locations on/around the
school campus, or various events. The daily routine does not include policies, procedures,
guidelines or work rules.
Overtime - Overtime costs are calculated and paid in accordance with the Fair Labor
Standards Act and the Guild Contract.
II. PURPOSE
School Campus Security. It is the intent of the Parties that City police officers provide
school campus security for the schools. An SRO will be assigned to the following high
schools: Decatur, Federal Way and Truman; for a total of three positions.
- 2 -
3.1
III. CITY'S RESPONSIBILITIES
SRO Assignment to the School Campus. Upon receipt of NotiCe from the District, the
City agrees to assign an SRO, as defined in Section 1.3, for a rotation of one school year.
In the event of operational needs or other unforseen circumstances, the City will assign the
replacement SRO.
3.2
3.3
3.4
3.5
Performance Evaluations, Discipline, Assignment, and Other Personnel Actions. The City
will continue to evaluate the performance of a SRO, to administer discipline, to investigate
allegations of misconduct, assign duties, and take any other personnel action in accordance
with applicable City policies, guidelines, and/or collective bargaining agreement. The City,
in its discretion, may utilize the District's performance comments/observations referenced
in Section 4.2.
Staffing.
A. Scheduled Absence. In the event a SRO scheduled an absence of more than one
day, the City. agrees to provide a full day replacement for each day of absence. The
City shall not be obligated to provide a replacement SRO for approved training for
less than four (4) hours.
B. Unscheduled Absence. In the event of an unscheduled absence due to illness or
emergency, the City agrees to provide a replacement for five (5) hours during the
hours from 1000 (10:00 a.m) to 1500 (3:00 p.m.).
C. Absence for Other Duties and/or Training. The City agrees to provide a
replacement for the hours of absence in the event a SRO is absent more than four (4)
hours for Department duties and/or training.
Transport of Criminal Suspects. After an SRO arrests individuals or detains individuals
suspected of criminal activity, the SRO will normally remain on the school campus, and
additional police officers will be dispatched to transport said individuals. The City, in its
discretion, may require the SRO to leave the school campus and transport the individuals.
Invoices.
A. Regular SRO work. The City will submit two invoices during the school year,
one in January and one in June, for work performed. Each invoice represents work
for 91 days, which equates to one-half of the school year.
3.6
3.7
B. Extra-duty assignments. The City will submit an invoice monthly for all work
as a result of extra-duty assignments.
C. Overtime. The City will submit an invoice monthly for all overtime worked. The
City maintains responsibility to document overtime.
Annual Cost Letter. On or before April 1 of each year the City will provide the District
Security Manager an Annual Cost Letter estimating the anticipated annual costs for services
for the next school year.
Uniform and Equipment.
A. Uniforms. Normally a SRO will be attired in police uniform. However, either
upon the request of the principal, and approval by the City, other attire may be
approved for specific occasions.
B. Transportation. The City, in its discretion, may provide vehicles or other means
of transportation for the SRO.
C. Radio Communications. The City will provide the SRO a radio capable of
routine and/or emergency interaction with dispatch operations, and integrated with
the regional public safety radio network.
3.8
3.9
3.10
Extra-duty assignments. The City agrees to attempt to assign the extra-duty work to the SRO
assigned to the particular school campus but will also attempt to reduce any overtime.
Minimum Benefits. Pursuant to RCW 28A.400.285, persons performing services under this
Agreement shall be provided health benefits similar to those provided School District
employees who would otherwise perform the work, but in no case are such health benefits
required to be greater than the benefits provided for basic health care services under chapter
70.47 RCW.
Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check through
the Washington State Patrol criminal identification system under RCW 43.43.830 through
43.43.834, 10.97.030 and 10.97.050 and through the federal bureau of investigation before
hiring any employee who will have regularly scheduled unsupervised access to children in
the School District's schools. The record check shall include a fingerprint check using a
complete Washington state criminal identification fingerprint card. The City shall provide
a copy of the record report to the applicant. When necessary, applicants may be employed
- 4 -
on a conditional basis pending completion of the investigation. If the applicant has had a
record check within the previous two years, the City may waive the requirement.
3.11
Crimes Against Children. Pursuant to RCW 28A.400.330, as now or hereafter amended, the
City shall prohibit any employee of the City from working at a public school who has contact
with children at a public school during the course of his/her employment and who has pled
guilty to or been convicted of any felony crime involving the physical neglect of a child
under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or
9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation
of a child under chapter 9.68A RCW, sexual offenses under 9A.44 RCW where a minor is
a victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase
of a minor child under RCW 9A.64.030, or violation of similar laws or another jurisdiction.
Any failure to comply with this section shall be grounds for the School District to
immediately terminate this Agreement.
IV. DISTRICT'S RESPONSIBILITIES
4.1
District Request Removal of SRO. The District may request removal of a SRO for
unsatisfactory performance or for incompatibility. All requests for removal must be in
writing from the principal of the school being served and submitted to the Chief of Police.
4.2 Performance Comments. The District will provide the City with performance comments and · observations concerning the SRO on or before July 15 of each year.
4.3
Compensation. In the first year of this Agreement the District will pay a flat rate of forty
thousand dollars ($40,000.00) for each SRO position per school year. Upon receipt of an
invoice, the District will reimburse the City within thirty (30) days, exclusive of overtime
and extra duty assignments costs.
A. Annual Negotiation of Costs. After April 1 of each year, the District agrees to negotiate
the compensation based upon the anticipated costs of services as set forth in the Annual Cost
Letter in Section 3.6.
B. Extra-duty assignments. The District agrees to pay the prevailing hourly rate for each
extra duty hour worked by a police officer. In the event that overtime is incurred, the District
agrees to pay the overtime rate as defined in Section 1.10.
- 5 -
4.4
4.5
4.6
C. New Position(s). In the event the City and the District agree to establish additional SRO
position(s) during the school year, the District will pay the proportionate amount based upon
the actual days worked.
D. Overtime. The District agrees to pay any and all overtime costs in accordance with the
Fair Labor Standards Act and the Guild Contract.
Office Space/Equipment.
A. The District will provide an office space, desk, dedicated phone line, voice mail, district
and internet based electronic mail, a digital pager and a computer.
B. The District will provide access to private interview rooms.
C. Generally the school campus of the District will provide a site-based portable radio to
permit communications between staff and the SRO, and to enable monitoring of staff/campus
activities. In the event a site-based radio is not provided, it is the responsibility of the site
principal to ensure that acceptable alternative communication protocols and methods are in
place.
Extra Duty Assignments. The District reserves the right to negotiate with the City for "extra-
duty" police services as defined in Section 1.8. The District's first preference is that the SRO
assigned to the school would also be assigned to the extra duty assignments. However, the
District recognizes that another officer may be assigned.
Assignment of Daily Routine. The principal may assign the daily routine of the SRO
provided the assignment does not conflict with City policies, guidelines, protocols, work
rules and/or applicable collective bargaining agreement.
4.7
Transport Students. The District will maintain responsibility to transport students not
involved in criminal activity.
V. HOURS OF WORK
An SRO will work an eight-hour shift, inclusive of the lunch period. The SRO may be subject to
call during the lunch period. The actual hours worked will be determined by the needs of the school
principal. Generally hours for high schools approximate 0645 (6:45 a.m.) to 1445 (2:45 p.m). The
parties recognize that the SRO is subject to the Fair Labor Standards Act (FLSA), and that overtime
may occur.
- 6 -
VI. TERM
The term of this Agreement shall be for a period of three years, commencing on August 31, 1999
and concluding on August 30, 2002.
VlI. TERMINATION
7.1 The parties may mutually agree to terminate this Agreement at any time.
7.2
Either party may terminate this Agreement with or without cause to be effective at the
conclusion of the school year, or in the middle of the school year at the conclusion of the first
semester, provided that the party desiring to terminate the Agreement provides written
notice of the intent to terminate sixty (60) days before the effective date.
VIII. INSURANCE
8.1
Amount. It is hereby understood and agreed that each Party to this Agreement shall obtain
and maintain public liability insurance in an amount not less than TWO MILLION AND
NO/100 DOLLARS ($2,000,000) single limit liability.
8.2
Certificate. Each Party shall provide the other Party with a certificate of public liability
insurance naming the other Party as an additional insured and showing proof of the required
insurance coverage. Insurance coverage shall be maintained at all times.
IX. INDEMNIFICATION
9.1
The District. The District agrees to defend, indemnify, and hold the City, its elected
officials, officers, employees, agents, and volunteers harmless from any and all claims,
demands, losses, actions and liabilities (including costs and all attorney fees) to or by any
and all persons or entities, including, without limitation, their respective agents, licensees,
or representatives, arising from, resulting from, or connected with this Agreement to the
extent caused by the negligent acts, errors or omissions of the District, its partners,
shareholders, agents, employees, or by the District's breach of this Agreement.
9.2
The City. The City agrees to defend, indemnify, and hold the District, its elected officials,
officers, employees, agents, and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any and all
persons or entities, including, without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected with this Agreement to the extent
- 7 -
9.3
caused by the negligent acts, errors or omissions of the City, its partners, shareholders,
agents, employees, or by the City's breach of this Agreement.
The provisions of this article shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
10.1
10.2
10.3
10.4
X. GENERAL PROVISIONS
Administration and Notice. The responsibility for overseeing the compliance with the
provisions of this Agreement shall be handled jointly between the Parties, and no separate
legal or administrative entity shall be formed by the Parties for such purpose. The contract
representative for the City shall be the City Manager or his or her designee, 33530 1st Way
South, Federal Way, Washington 98003. The contract administrator on behalf of the District
shall be the Superintendent or his or her designee, Federal Way Public Schools,
Administrative Office, 31405 18th South, Federal Way, Washington 98003.
Independent Contractor. It is the intention of the City and of the District that each SRO is
a City employee.
Confidentiality. Both the School District and the City are governed by laws requiring
confidentiality for certain records and information contained therein. Pursuant to RCW
13.50.010(1)(a) the City and the School District are "juvenile justice and care" agencies
which maintain records (hereinafter "juvenile records") as defined in RCW 13.50.010(1)(c).
Both parties agree that the juvenile records will only be released in accordance with RCW
13.50.050(4). The City will not release copies of reports, investigations, or other documents
which are not juvenile records if such records are exempt from disclosure under either the
Public Disclosure Act, RCW 42.17.250-42.17.348, or the Criminal Privacy Act, RCW 10.97
et seq.
Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g
and regulations promulgated thereunder, City personnel providing security services to the
School District may be provided access to student records in the course of their duties and
will be expected to maintain the confidentiality of such information except as disclosure is
permitted by law. For the purposes of the foregoing statute, the City shall be recognized as
an official law enforcement unit of the School District.
Entire Agreement. This Agreement contains all of the agreements of the Parties with respect
to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
- 8 -
10.5
Modification. No provision of this Agreement may be amended or added to except by
agreement in writing signed by the Parties or their respective successors in interest.
10.6
Full Force and Effect. Any provision of this Agreement which is declared invalid, void or
illegal shall in no way affect, impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
10.7
Assignment. Neither the City nor the District shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written
consent of the other Party.
10.8
Attorney Fees. In the event the City or the District defaults on the performance of any terms
in this Agreement, and the District or City places the enforcement of the Agreement or any
part thereof, or the collection of any monies due, or to become due hereunder, or recovery
of possession of any belongings, in the hands of an attorney, or file suit upon the same, each
Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute
related to this Agreement shall be King County, Washington.
10.9
No Waiver. Failure of either Party to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default, but either Party shall have the right to declare any such breach or default
at any time and take such actions that might be lawful or authorized hereunder either at law
or in equity. Failure of the either Party to declare one breach or default does not act as a
waiver of either Party's right to declare another breach or default.
10.10
Arbitration. Disagreement concerning the interpretation or application of the provisions of
this Agreement are subject to arbitration provided that the City Manager, or his or her
designee, and the District Superintendent, or his or her designee, have discussed and
attempted to settle the dispute. The Party desiring arbitration shall submit written notice of
the intent to arbitrate along with the basis for the dispute. Following receipt of the notice to
arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt
to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select
an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and
the District agree to use the services of the American Arbitration Association for the
selection of the arbitrator. Each party shall be responsible for its own costs and fees incurred
in preparing for and participating in the arbitration. The arbitrator fees along with any
administration fee shall be borne equally by the City and by the District. The arbitrator shall
determine the controversy in accordance with the laws of the State of Washington. The
arbitrator's decision shall be binding upon both parties.
10.11
10.12
10.13
below.
Captions. The respective captions of the Sections of this Agreement are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect any of
the provisions of this Agreement.
Remedies Cumulative. Any remedies provided for under the terms of this Agreement are
not intended to be exclusive, but shall be cumulative with all other remedies available at law,
in equity or by statute.
Equal Opportunity to Draft. The parties have participated and had an equal opportunity to
participate in the drafting of this Agreement, and the Exhibits, if any, attached. No
ambiguity shall be construed against any party upon a claim that party drafted the ambiguous
language.
IN WITNESS whereof the Parties have executed this Agreement the day and year set forth
CITY OF FEDERAL WAY
FEDERAL WAY SCHOOL DISTRICT
NO. 210
By:
Kenneth E. Nyberg
Its City Manager
33530 1st Way South
Federal Way, WA 98003
By:
Its Superintendent
31405 18th South
Federal Way, WA 98003
Date:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Londi K. Lindell
City Attorney
School District Attorney
K:\document\6SCHOOL.sec
King County and Federal Way School District Number 2'10
interlocal Agreement Relating to Law Enforcement Services
This is an Interlocal Agreement between King County, a home rule charter county and political
subdivision of the State of Washington, hereinafter referred to as the 'County', and the Federal
Way School District No. 210, a quasi-municipal corporation and political subdivision of the State
of Washington, hereinafter referred to as the "School District."
o
WHEREAS the School District desires to provide security and law enforcement services
for its students and staff, and;
WHEREAS the County has the resources to provide such security and law enforcement
services;
NOW THEREFORE, the County and School District hereby agree:
COUNTY RESPONSIBILITIES. The County will provide the following services within
the School District limits: '
1.1 Security Services. The County will provide one (1) full time commissioned
deputy dedicated to the security needs of the School District. The deputy will
provide law enforcement and security services to the School District during
normal school hours. Such services include, but are not limited to, routine patrol
of property owned by the School District. Additional duties may include, but are
not limited to, preparation of daily reports, establishment of emergency operating
procedures, assistance in the development and implementation of a school
security training program, and other duties mutually agree.d upon by the County
and the School District.
1.2
Support Services. Support services include legal advisor, planning and
statistics, training, accounting, payroll, personnel, labor relations, media
relations, fleet control, radio maintenance, purchasing, records, inspections and
internal investigations, and division support to the deputy. Such suPport services
do not include legal ser,,ices of the King County Prosecuting Attorney related to
en[orcement of district and/or municipal criminal and traffic statutes, and/or
prosecutions arising therefrom.
ORGANIZATIONAL DETAIL AND MANAGEMENT STRUCTURE
2.1 Organization. The County will provide the services identified in
through the following organization.
Section 1
2.2
Communication. Liaison will be provided through the assigned and specifically
identified deputy, de§ignated by the County with the advice of the School District
Superintendent, or designee. The County. and the'School District shall cooperate
on setting appropriate shift schedules for the designated deputy, as well as
adjustments to such schedule. The liaison deputy will handle all day-to-day
2.3
2.4
2.5
2.6
operational concerns identified by School District officials and staff. In addition,
the County liaison will be available to the School Distdct during mutually agreed
upon days and hours, for activities such as meetings of the School District and
appropriate community meetings. The School Distdct will provide office space
for the deputy as needed.
Assignment. The liaison officer will be assigned to the School District at the
discretion of the County and specifically at the discretion of the Commander of
the Criminal Investigations Division (CID). The assigned deputy shall be
screened by the School District, and the continued assignment of the deputy will
be subject' to satisfactory performance, as determined by the County in
consultation with the School District.
Notification. The County deputy will notify the School District in the event of a
significant criminal occurrence within School District jurisdiction;
Reporting. The County deputy will report quarterly on criminal and traffic activity,
and on law enforcement services provided.
Absences. The provision of one (1) full-time commissioned deputy includes the
provision of substitute services when the designated deputy is absent from duty
on a school day, except for nine (9)'school days of absence each year due to
illness or injury. In lieu of providing substitute services, the County may choose
to defer this responsibility to the School District and the annual cost paid .by the
School District shall be reduced by 1/182"d of the annual cost per day of
absence. Excessive absenteeism by the assigned deputy shall be discussed by
the School District and County representatives identified in Section 12.
PERSONNEL AND EQUIPMENT.
311 The County is acting hereunder as an independent contractor so that:
3.1.1
Management. Control of personnel, standards of performance, discipline
and all other aspects of performance shall be governed entirely by the
County.
3.1.2 Personnel. All persons rendering service hereunder shall be fully
commissioned full time Sheriff's Office deputies.
3.1.3
Liability. All liability for damage and injury resulting from acts performed
by a deputy in the line of duty, and in accordance with governing statutes
and department policies and procedures, will be the sole responsibility of
the County.
3.1.4
Equipment and Uniforms. The County shall furnish all deputies with the
uniforms and equipment required to perform their d.aily duties..The
School Distdct shall supply office space, telephones, School Distdct
radios and otl~er incidental supplies as may be required.
COMPENSATION.
2
Se
e
4.1
4.2
4.3
4.4
4.5
Basic Service. In consideration for the services provided by the County as set
forth herein, the School Distdct agrees to pay the County the actual cost of
providing the service including, but not limited to, salary, equipment and
supplies. The estimated contract amount for the 1999-2000 school year is
indicated on the attached spreadsheet.
Discretionary Overtime. Discretionary overti.me service requested by the
School District shall be paid in addition to the base Interlocal Agreement amount
detailed above. The School District agrees to pay overtime at the rate specified
by the labor agreement between the County and the King County Police Officer's
Guild. Any overtime shall be at the request and discretion of the School District.
Billing. The estimated Interlocal Agreement costs will be billed in equal
quarterly amounts. Payments are due within 30 days after invoicing by the
County. Billings for overtime, as detailed in Section 4.2, shall be in addition to
the base amount.
Annual Reconciliation. The estimated annual costs will be adjusted each
spring during the regular County actual cost reconciliation process.
Other. For the School District's budget planning purposes, the County will
transmit to the School District on or about March 1 of each year an eStimate of
the next calendar year's Interlocal Agreement costs. For the County's budget
planning purpose, the School District will transmit to the County on or about June
1 of each year the estimated amount of supplemental services, if any, which the
School District wishes to purchase.
SCHOOL DISTRICT RESPONSIBILITIES. In support of the County providing the
services described above, the School District agrees to supply at its own cost and
expense any special supplies, stationary, notices, forms and the like where such must
be issued in the name of the School District.
DURATION. This Interlocal Agreement is effective upon execution by both parties, and
will continue in force from year to year until terminated at the end of a school year by
ninety (90) days prior written notice by either party to the other. The 1999-2000 school
year is August 31, 1999 to June 21, 2000, both dates inclusive.
INDEMNIFICATION.
7.1 The County-shall indemnify and hold harmless the School District and its officers,
agents and employees from any and all claims', actions, suits, liability, loss, costs,
expenses and damages 'of any nature whatsoever, by reason of or arising out of any
act or omission of the Co~jnty's deputies, agerits and employees or any of them
relating to or adsing out of the performance.of this agreement. In the event that any
such suit based upon such a claim, action, loss or damage is brought against the
School District, the County shall defend the same at its sole cost and expense;
provided, that the School District reserves the right to participate in such suit if any
3
o
10.
7.2
principle of governmental or public law is at issue. If final judgment be rendered
against the School Distdct and its officers, agents and employees, or jointly against
the School District and the County and their respective deputies, agents and
employees, the County shall satisfy the same.
The School District shall indemnify and hold harmless the County and its deputies,
agents and employees from any and all claims, actions, suits, liability, loss, costs,
expenses and damages of any nature whatsoever, by reason of or arising out of any
act or omission of the School District, its officers, agents and employees or any of
them, relating to or arising out of the performance of this Agreement. In the event
that any suit based on such a claim, action, loss or damage is brought against the
County, the School District shall defend the same at its sole cost and expense;
provided that the County retains the right to participate in said suit if any principle of
governmental law is at issue; and if final judgment be rendered against the County,
and its deputies, agents and employees, or jointly against the County and the School
District and their respective officers, agents and employees, the School District shall
satisfy the same.
7.3
In executing this Agreement, the County does not assume liability or responsibility
for or in any way release the School Distr, jct from any liability or responsibility which
arises in whole or in part from the existence or effect of School District policies,
procedures, rules or regulations. If any cause, claim, suit, action or administrative
proceeding is commenced in which the enforceability and/or validity of any such
School District policy, procedure, rule or regulation is principally at issue, the School
District shall defend the same at its sole expense and if judgment is entered or
damages are awarded against the School District, the County or both, the School
District shall satisfy the same, including all chargeable costs and attorney's fees.
7.4
In executing-this Agreement, the School District does not assume liability or
responsibility for, or in any way release the County from any liability or responsibility
which arises in whole or in part from the existence or effect of the County's policies,
rules or regulations. If any cause, claim, suit, action or administrative proceeding is
commenced in which the enforceability and/or validity of any such County policy,
rule or regulation is at issue, the County shall defend the same at its sole expense;
and if judgment is entered or damages are awarded against the County, the School
District or both, the County shall satisfy the same, including all chargeable costs and
attorney's fees.
NON-DISCRIMINATION. The County and the School District certify that they are Equal
Opportunity Employers.
AUDITS AND INSPECTIONS. The records and documents with respect to all matters
covered by this Interlocal Agreement shall be subject to inspection, revieW or audit by .
the County or School District dudng the term of the Interiocal Agreement and three (3)
years ;~fter termination.
AMENDMENTS. This Interlocal Agreement may be amended at any time by mutual
written agreement of the parties.
1t.
12.
13.
14.
15.
1(;.
17.
18.
ENTIRE AGREEMENT. The parties agree that this Interlocal Agreement is the complete
expression of the terms hereto and any oral representations or understandings not
incorporated herein are excluded.
CONTRACT ADMINISTRATION. The parties shall each appoint representatives to
review Intedocal Agreement performance and resolve problems, which cannot be dealt
with by the County's deputy and the School Distdct manager. Each party shall notify the
other in wdting of its designated representatives. The representatives from the County
wilt include the King County Shedff's Office and the Office of Financial Management.
The Interlocal Agreement administrators will meet as needed, but at least annually, with
either party authorized to call additional meetings with ten days written notice to the
other.
UNRESOLVED PROBLEMS. Any problem, which cannot be resolved by the parties'
designated representatives, shall be referred to the Superintendent of the School District
and the County Sheriff for settlement.
ASSIGNMENT. Each ~f the parties stipulates that this is a contract for personal
services and accordingly, no right or duty under this Agreement may be assigned by
either party without the express written consent of the other party.
WAIVER. Failure by either party to enforce any provision of this Agreement or to
declare a breach shall not constitute a waiver thereof, nor shall it impair any party's right-
to demand strict compliance and performance of that or any other provision of this
Agreement at any time thereafter.
SEVERABILITY. If any provision of this Agreement or its application is held invalid, the
remainder of this Agreement or the application of the remainder of the Agreement shall
not be affected.
CONFIDENTIALITY. Both the School District and the County are governed by laws
requiring confidentiality for certain records and the information contained therein. Both
parties agree that its employees, officers, and agents shall maintain confidentiality of
information provided by the other, to the extent required by taw. Pursuant to the terms of
the Family Educational Rights and Privacy Act, 20 U.S.C. Subsection 1232g and the
regulations promulgated thereunder, County personnel providing security services to the
School District may be provided access to student records in the course of their duties
and will be expected to maintain the confidentiality of such information, except as
disclosure is permitted by law. For the purposes of the forego, lng statute, the County
shall be recognized as an official law enforcement unit of the School District.
MINIMUM BENEFITS. Pursuant to RCW 28A.400.285, persons performing services
under this Agreement shall be provided health benefits similar to those provided school
employees who would otheh,vise perform-the work, but in no case are such health
benefits required to be greater than the benefits provided for basic he'alth Care services
under Chapter 70.47 RCW..
5
tO.
20.
RECORD CHECK. Pursuant to RCW 28A.400.303, the County shall require a record
check through the Washington State Patrol cdminal identification system under RCW
43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the Federal
Bureau of Investigation, before hiring any employee who will have regularly .scheduled
unsupervised access to children in the School District's schools. The record check shall
include a fingerprint check using a complete Washington State criminal identification
fingerprint card. The County shall provide a copy of the record report to the applicant.
When necessary, applicants may be employed on a. conditional basis pending
completion of the investigation. If the applicant has had a record check within the
previous two- (2) years, the County may waive the requirement.
CRIMES AGAINST CHILDREN. Pursuant to RCW 28A.400.330, as now or hereafter
amended, the County shall prohibit any employee of the County from working at a public
school who has contact with children at a public school during the course of his or her
employment and who has plead guilty to or been convicted of any felony crime involving
the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of
a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under
chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual
offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution
of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW
9A.64.030, or violation of similar laws of another jurisdiction. Any failure to comply with
this section shall be grounds for the School District immediately terminating this
Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement.
King County
School District
King County Executive
Date
Approved as to form
King County Deputy Prosecuting Attorney
Date
S~p~rinten~e~t
Date.
Approve~d' at tohorm'
School ~i~trict ARorney
Date
6
5121199 4:29 PM
Cost of 1 School Resource Officer for Federal Way School District
Contract terms August 31, 1999 through June 21, 2000
Police Officer
Special Pays
Quartermaster
Overtime
Supplies***
Services***
Telephone***
Motor Pool
_ease Car
Direct Car Charges
Capital
System Services***
Printing***
Insurance
800 MHz
MARR Officer Accident Investigation
Division Admin Charges
Dept. Admin Charges: department wide
Dept. Admin Charges: sworn
Precinct Suport Staff
Special Operations Administration
County Support Services
TOTAL COST
Sept 1 - Jan 1-
Dec 31' June' 30** Total Cost
21,043 32,669 '53,712
2,100 3,261 5,361
124 193 317
1,229 1,909 3,138
2,988 4,639 7,627
685 1,063 1,748
470 729 1,199
35 54 89
1,326 2,059 3,385
1,725 2,678 4,403
2,086 3,239 5,325
33,811 52,493 86,304
Less 1st Year (~f 3 Year "Cops in Schools" Grant
Revised Total
(35,833:
50,471
* Cost based on 4 months @ '99 Adopted Cost Book Costs (Green)
** Cost based on 6 months @ '99 Adopted Cost Book COsts (Green) with 3.5% cost increases
***Assumes school district will suppiy the following' supplies, services, telephone,
system services and printing.
Revised 05/21/99
June 8, 1999
Board Members Only:
The following information was forwarded by Mike Sweeney, Director of Security, for Board members
only as back ground information for the consent calendar item 4-D, proposed contract with King County
for SRO Police services for Thomas Jefferson High School: (This was taken from the e-mail that Mr.
Sweeney forwarded).
Message from Mike Sweene¥
Prolonged and slow negotiations with the security officers' labor union began last fall. At that same time
we commenced a feasibility study for police subcontracting which is required by law and which must be
approved by the OSPI. We succeeded in negotiations with the Prof-Tech Union. In three years we
obtained the right to replace all of them with SRO's, if we want to, and to replace any that leave in the
interim, if we want to. We also negotiated the right to put SRO/police officers on ALL of our high school
campuses next year. The OSPI has approved this.
Negotiations with King County, Federal Way, and Kent Police began. Kent Police negotiations were
halted following an interpretation of our agreement with the union - it was agreed that the security officer
now at TJHS would be "protected" and reassigned to TOTEM next year, as the officer who now works
there is retiring this year. Negotiations with FEDERAL WAY have moved slower than with King County.
But it appears the contracts with Federal Way for Decatu[', FWHS, and Truman will cost less than King
County, and that they will be done in 2 weeks or so. Crhey too will be brought before the board when
done.)
Now as to the current board item pertaining ONLY to King County Police subcontracting:
*Negotiations with King County Police (for TJHS only) went OK - a give and take - but the costs we
will be paying are on the margins of our acceptance. We should accept them as it is the best I could do.
King County wanted to charge the same as they do for contracting with cities -- in excess of $108K per
year. Due to their eli~bility for federal funding and the pass through of that benefit to us, they will be
charging us $50,471 per position. (This number equates to $34.66 per hour for combined wage and
benefit cost. This cost is an increase of $10,212 over what the district will pay for an "average" classified
campus supervisor next year. A grant from the OSPI is being applied for by the security division to
address this cost difference. Grant approval is expected-Mr. VanderArk, Mr. Murphy, and Mr. Welch are
aware of these cost issues and inferences -- the whole puzzle is not yet done though.)
The bottom line at this time--We seek board approval of:
*Authority to permit the Superintendent to execute agreement with King County to provide SRO Police
Services at TJHS -- a 3 year agreement starting 8/31/99. Please note the attached copy of the agreement.
This agreement is contingent upon King County receiving funds from a Federal Grant for cost reduction
benefits to be passed through to the Federal Way School District. Attached is a copy of the ~ant
application.
If the grant is not awarded, the issue of security, staff'mg at TJHS will be addressed differently
Attachments
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Sensitive Areas Ordinance
CATEGORY: BUDGET IMPACT:
_ CONSENT _ RESOLUTION
X ORDINANCE STAFF REPORT
BUSINESS PROCLAMATION
HEARING STUDY SESSION
FYI OTHER
Amount Budgeted:
Expenditure Amt:
Contingency Reqd:
ATTACHMENTS: The proposed ordinance and supporting record are included in a separate notebook. In addition
to the ordinance, please find the Planning Commission Findings, all memoranda to Planning Commission and LUTC,
the wetland inventory summary and all correspondence submitted to Planning Commission and LUTC. The proposed
ordinance is underscored and has strikeouts to represent the Planning Commission version with changes the wetland
consultant made to address comments from the Department of Ecology and Community Trade and Economic
Development. The proposed ordinance also contains double underscoring and italic strikeouts representing changes
made by the City Attorney's office as directed by the LUTC. The original Planning Commission draft ordinance,
....s..h...~...w.!..n..g...~..h..~.n...g..?....f.r..~...m....!.h...e......~..r.!.g.!..n...a.!..~..~..d...e....!.~..n.~..u...a.g...e.:..!..~...!.n...!..h.e.....n..~..!.e...b...~..~...k.....w.!.t..h...
!..h.e.....~.!.~..n.~.!..n..g.....c..°....m...m.¢5.°..~...F.!..n...d!.~.g...s.: ..........
SUMMARY/BACKGROUND: The Planning Commission conducted a public hearings on September 3, October
1, November 19 and December 5, 1997. The LUTC discussed the proposal at its March 2, March 16 and April 6,
1998 meetings and delayed their recommendation until a wetland inventory could be completed. The results of the
inventory were presented to the LUTC on May 17, 1999. The deliberations for the ordinance concluded at LUTC
on October 4, 1999 and the LUTC Committee recommends approval with some changes to the full Council.
....... .................................
APPROVED FOR INCLUSION IN COUNCIL PACKET: '---7 ! ~''9'~-w7' '/~' /~~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING SECTION 22-1
AND AMENDING AND ADDING NEW SECTIONS TO
ARTICLE XlV OF CHAPTER 22 OF THE FEDERAL WAY
ZONING CODE, REGARDING ENVIRONMENTALLY
SENSITIVE AREAS.
WHEREAS, amendments to the Federal Way City Code (FWCC) text are
authorized by FWCC Section 22-216, pursuant to Process VI review; and
WHEREAS, the Federal Way City Council has considered proposed
changes to the FWCC regarding environmentally sensitive areas regulations ("Proposal");
and
WHEREAS, the Federal Way City Council, pursuant to FWCC 22-517, having
determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the Federal Way Planning Commission as'a priority item for its review and
recommendation; and
WHEREAS, pursuant to FWCC Section 22-523, the Federal Way Planning
Commission considered the Proposal at public hearings during 1997 on September 3,
October 1, November 19, and December 5, following public notices having been duly given
pursuant to FWCC Section 22-528; and
WHEREAS, the public was given opportunities to comment on the Proposal
during the Planning Commission review; and
ORD # , PAGE I
WHEREAS, the City of Federal Way SEPA Responsible Official issued a
Declaration of Nonsignificance on May 18, 1997; and
WHEREAS, following the public hearings, the Planning Commission
submitted to the Land Use and Transportation Committee of the City Council its
recommendation in favor of proposed zoning text amendments adding sections to the
FWCC as noted previously; and
WHEREAS, the Federal Way Land Use and Transportation City Council
Committee met on March 2, March 16, and April 6, 1998 to consider the recommendation
of the Planning Commission, and then voted to delay making a recommendation to the full
City Council until a wetland inventory could be completed; and
WHEREAS, the Federal Way Land Use and Transportation City Council
Committee reviewed the results of the inventory, along with copies of scientific studies
regarding preservation of sensitive areas, on May 17, 1999; and
WHEREAS, on October 4, 1999 the Federal Way Land Use and
Transportation City Council Committee reviewed and heard additional written and oral
comments from the public, reviewed written comments from state agencies, reviewed
additional changes to the FWCC, and moved to forward the Proposal, with amendments,
to the full City Council; and
WHEREAS, there was sufficient opportunity for the public to comment on the
Proposal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
ORD # , PAGE 2
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the Proposal and the
proposed amendments to the Federal Way City Code ("FWCC"):
1. The Federal Way City Council adopted the Federal Way Comprehensive Plan
in order to comply with the state's Growth Management Act; and
2. The Federal Way Comprehensive Plan contains policies that call for the
amendment of certain environmentally sensitive areas regulations, in particular wetlands;
and
3. The Federal Way SEPA Responsible Official has issued a Declaration of
Nonsignificance on May 5, 1997; and
4. The proposed code amendments will not adversely affect the public health,
safety or welfare; and
5. The Planning Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed code amendments, and considered the
testimony, written comments, and material received from the public prior to making its
recommendation to the City Council.
6. The City conducted a wetland inventory that concluded in the winter of 1999.
Wetlands over 2500 square feet were mapped and classified using the proposed three-
tiered system.
7. The Land Use and Transportation Committee, and the City Council,
ORD # , PAGE 3
reviewed the following scientific studies as part of their consideration of this ordinance:
a. American Planning Association. Habitat Protection Planning: Where the
Wild Things Are. 1997.
b. Washington Department of Ecology. Wetland Buffers: An Annotated
Bibliography. 1992.
c. Washington Department of Ecology. Wetland Buffers: Use and
Effectiveness. 1992
d. Washington Department of Fish and Wildlife. Management
Recommendations for Washington's priority Habitats: Riparian 1992.
8. The City Council considered written and oral comments from the public and
state agencies prior to adopting this ordinance.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the
Proposal:
1. The code amendments adopted below are consistent with the following
Comprehensive Plan goals and policies contained in the Natural Environment chapter:
NEP3 To the maximum extent possible, the City's future actions will be
consistent with the goals and policies of this chapter of the
Comprehensive Plan.
NEP25 The City should adopt stream definitions that are reflective of
stream function and habitat. The definitions should make a
distinction between manmade conveyance systems and natural
ORD # , PAGE 4
NEP36
NEP37
NEP42
NEP43
streams.
The City should consider implementing a tiered wetland
classification system based on wetland functions and values, the
wetland classification system would set forth the appropriate
wetland buffer widths. Furthermore, any new wetland classification
system should also contain provision for allowing buffer width
averaging. As a reference point, the City should consider the
classification system and protection measures contained in the
Department of Ecology's Model Wetlands Ordinance.
Required wetland buffers shall be comprised of native vegetation
typically associated with the type of wetland in question. Intrusion
into the wetland buffer may be restricted, except for the location of
essential public facilities and utilities where no other feasible
alternative exists.
The City will protect wetlands by maximizing infiltration
opportunities and promoting the conservation of forest cover and
native vegetation.
Wetlands created as a result of a surface or storm water detention
facility should not be considered wetlands for regulatory purposes.
Special regulations concerning these facilities should be
developed.
2. The Wetland Inventory conducted by the City, the scientific studies reviewed
by the Land Use and Transportation Committee and the City Council, and the comments
of the Departments of Ecology, Fish and Wildlife, and Trade and Economic Development
provide the best available science concerning wetlands regulation and wetland buffers.
3. The Proposal bears a substantial relationship to the public health,
safety and welfare because it implements policies aimed at protecting the City's natural
environment and promotes site sensitive development.
ORD # , PAGE 5
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended
as follows:
Sec. 22-1, Definitions
Regulated wetlands shall mean those wetlands, as described below, which fall into one
of
the
or
more
II io
fo_ow_% ca_e~or.es: ar~ o,,.,j~,., ,,., ,,,~ ~,, vv,o,~,,o ~, ,,,,o ~ o,
(1) Category I wetlands c~re grec~ter ths, n '~ :~'~' '~^' ' ~ ..... -~
,..,,.,~,~, sq~s, re ,~, ;n ,,,~, ,,,,, meet
one of the following criteria:
a. contain the presence of species or documented habitat recognized by
state or federal agencies as endangered, threatened or potentially extirpated
plant, fish or animal species; or
b. contain the presence of plant associations of infrequent occurrence,
irreplaceable ecological functions, or exceptional local significance including
but not limited to estuarine systems, peat bogs and fens, mature forested
wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
ORD # , PAGE 6
c. have three or more wetland classes~ one of which is open water.
(2) Category II wetlands are greater than 2,500 square feet in area, do not
exhibit the characteristics of Category I wetlands, and meet one of the following
criteria:
a. are contiguous with water bodies or tributaries to water bodies which
under normal circumstances contain or support a fish population, including
streams where flow is intermittent; or
b. are greater than one acre is size in its entirety; or
c. are less than or equal to one acre in size in its entirety and have two
or more wetland classes, with neither class dominated by non-native invasive
species
(3) Category III wetland are greater than 2,500 square feet in area and do not
exhibit those characteristics of Category 1 or 2 wetlands.
The following areas, as shown in the King County Wetlands Inventory Notebook,
Volume 3 South, shall be regulated by the City's Shoreline Master Program, but shall not
be considered regulated wetlands by,,'"^,~ p,,,v,o,,.,,,., of,,'"'~,,o ,.,,,.,~^'"~, unless vegetated
wetlands are present:
(1)
(2)
(3)
Lower Puget Sound Beach;
Lower Puget Sound 1 and 51; and
Areas defined as a regulated lake, by the City's Shoreline Master Program.
Vegetated wetlands which are located around the margins of regulated lakes
ORD # ., PAGE 7
may be regulated wetlands "'"';~' ,A ,,.A ..
-" ~'~"'~-- ~ =~ sq~rG ~': ..... that
~ Wetland~ shall mean those areas
are inundated or saturated by sudace or groundwater at a frequency and duration sufficient
to suppo~, and that under normal circumstances do suppo~, a prevalence of vegetation
typically adapted to for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
SII~VVll t~ k[l~ I%111~ ~llLy VV~kl~ll~O IIIV~IIL~Iy IM~L~ V~I~III~
~1~0 d~llll~ ~ ~ I~l~k~ I~
e ,v,~,,,~.~,~ ;n ,,,~ .~,,u., ~ I ~
IVl~l I~1 IVl I~GI ILII~II I~
":~ .... ,=,,~,~ The March 1997 Washington State Wetlands Identification and
Delineation Manual (Depadment of Ecology publication ~96-94) as set fodh ~ in
WAC 173-22-080 will be used for ~ identification and delineation~ of wetlands
within the City.
Stream shall mean a course or route, formed by nature, including those which have been
modified by humans, and generally consisting of a channel with a bed, banks or sides
ORD # , PAGE 8
throughout substantially all its length, along which surface waters naturally and normally
flow in draining from higher to lower elevations. A stream need not contain water year
round. In a developing setting, streams may run in culverts or ~ may be channeled in
a concrete, rock or other artificial conveyance systems. This definition is not meant to
include irrigation ditches, canals, surface water runoff facilities or other artificial
watercourses unless they are used by a-toe~ resident; o~migratory fish,_~ or-the
feature was constructed to convey natural streams which existed prior to construction of
the watercourse.
Major stream shall mean any stream, and the tributaries to any stream, which contains or
supports, or under normal circumstances contains or supports ~ resident or migratory
fish ~. If there exists a natural permanent blockage on the stream course which
precludes the upstream movement of anadromous fish, then that portion of the stream
which is downstream of the natural permanent blockage shall be regulated as a major
stream.
Minor stream shall mean any stream that does not meet the definition of Major Stream.
Article XIV Environmentally Sensitive Areas
DIVISION 1. GENERALLY
Sec. 22-1223. Jurisdiction.
This article applies to the subject property if it:
(1) Contains or is within 25 feet of a regulated slope;
(2) Contains or is within 100 feet of a well head;
ORD # , PAGE 9
(3) Contains or is within 100 feet of the top of any bank of a major stream;
(4) Contains or is within 50 feet of the top of any bank of a minor stream;
(5) Contains or is within 25 feet of any regulated lake; or
(6) Contains or is within 200 fog feet of the edge of any regulated wetland,
includin9 re§ulated wetlands associated with any major stream, minor
stream, or regulated lake.
DIVISION 2. ADMINISTRATION
Sec. 22-1244. Reasonable use of the subject property.
(a) The provisions of this section establish a mechanism whereby the provisions of
this article may be modified or waived on a case by case basis if their implementation
, ,~/~1~ ~-~
would deprive an f'e~dt-/~-the applicant befl~ of all reasonable use ,,,,~,.,,~ ,,., us~ ~,~j,' of
the subject property ' ............. '-' .....
(b) An applicant may apply for a modification or waiver of the provisions of this
article using process IV gu,; Except that applications for projects on single family residential
lots platted prior to the incorporation of the City may use process I.
(c) The city may approve a modification or waiver of the requirements of this article
on a case by case basis based on the following criteria:
(1) The application of the provisions of this article eliminates ~
~ all reasonable use of the subject property.
(2) It is solely the implementation of this article, and not other factors,
which precludes reasonable pr-of-/tebCe use of the subject property.
ORD Cf: , PAGE 10
(3) The applicant has in no way created or exacerbated the condition
which forms the limitation on the use of the subject property, nor in
any way contributed to such limitation.
(4) the knowledge of the applicant of limitations on the subject property
when he or she acquired the subject property.
(5) The waiver or modification will not lead to, create nor significantly
increase the risk of injury or death to any person or damage to
improvements on or off the subject property.
(d) If the city grants a request under this section, it shall grant the minimum
necessary to provide the applicant with some reasonable~ use of the subject
property, considering the factors described in subsection (c)(1) - (c)(5.____~_)of this section. The
city may impose any limitations, conditions and restrictions it considers appropriate to
reduce or eliminate any undesirable effects or adverse impacts of granting a request under
this section.
DIVISION 5. STREAMS
Sec. 22-1311. Rehabilitation.
The director of community development may permit or require the an applicant to
rehabilitate or maintain a stream by requiring the removal of detrimental materials such as
debris, -sef'rfime~ sediment and if~tl~t~r~ate invasive, non-native vegetation
requlrln§ thc plant:m§ of natiw v~t~,t:,on. Approval of stream rehabilitation shall be based
ORD # , PAGE 11
on a review of a plan containing, at a minimum, an analysis of existing conditions,
identification of the source, if possible, of the degradation of the stream or riparian zone,
proposed corrective actions, including installation of native species within the riparian
corridor, performance standards, monitoring schedule, planting plans, and grading plans
as necessary. The director ~ shall require an applicant to retain the services of a
qualified professional in preparing the restoration plan. These actions may be permitted
or required at any time that a condition detrimental to water quality, stability of stream
banks, degradation of existing naturally vegetated buffers, or in stream habitat exists.
Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes
of approved stream rehabilitation projects.
Sec. 22-1312. Intrusions into setbacks,
(a) Essential public facilities and utilities. The director of community development
may permit the placement of an essential public facility or utility in a setback from a stream
if he or she determines that the line or improvement must traverse the setback area
because no feasible alternative location exists based on an analysis of technology and
system efficiency. The specific location and extent of the intrusion into the setback area
must constitute the minimum necessary encroachment to meet the requirements of the
public facility or utility.
(b) Minor improvements. Minor improvements such as footbridges crossing the
stream, walkways and benches may be located within the setback area if approved through
process I based on the following criteria:
ORD # , PAGE 12
(1) It will not adversely affect water quality.
(2) It will not destroy nor damage a significant habitat area.
(3) It will not adversely affect drainage or storm water retention
capabilities.
(4) It will not ~ lead to unstable earth conditions nor create erosion
hazards.
(5) It will not be materially detrimental to any other property nor to the city
as a whole, including the loss of significant open space or scenic
vista.
(6) It is necessary to correct any one of the adverse conditions specified
in subsections (1) through (5) of this subsection.
(c) Other intrusions. Other than as specified in subsections (a) and (b) of this
section, the city may approve any request to locate an improvement or engage in land
surface modification within stream setback areas only through process II, based on the
following criteria:
(1)
(2)
(3)
(4)
It will not adversely affect water quality.
It will not destroy nor damage a significant habitat area.
It will not adversely affect drainage or storm water retention
capabilities.
It will not /end lead to unstable earth conditions nor create erosion
hazards.
ORD # , PAGE 13
(5)
It will not be materially detrimental to any other property in the area of
the subject property nor to the city as a whole, including the loss of
significant open space or scenic vista.
DIVISION 7.
Sec. 22-1356. Determination of wetland and regulated wetland.
(a) Generally. This section contains procedures and criteria for determining whether
an area is defined as a regulated wetland under this chapter.
(b) Evaluation. If the city determines that a wetland may exist on or within 200 ", ,.,,.,'~'~
feet the subject property, the director of community development shall require the applicant
to submit a wetland report_prepared by a qualified professional approved by the city, that
includes the fo,;'o~;;;-;.q information set forth in subsection (b)(1) - (7) and subsection (c)
below. The director of community development shall use this the information required by
subsection (b)(1) and (2) to determine if the area is a regulated wetland and, if so, shall use
the information required by subsection (b)(3) - (7) and subsection (c) to determine the
category and precise boundaries of that regulated wetland.
(1) An evaluation of whether the area in question is a regulated wetland,
based on the definitions
,,, ,,,o ~.,,,:,~,~, of "regulated wetland" in
Section 22-1 in this chapter.
(2)An overview of the methodology used to conduct the study.
(3)A description of the wetland and plant communities found therein,
ORD # , PAGE 14
,,,,,,-,,,,,~ a map ~ delineating the edge of the wetland and
location of plant communities_~ and a detailed description of the
method used to identify the wetland edge.
(4) The wetland classification, according to the t'U.S. Fish and Wildlife
Service "Classification of Wetlands and Deep Water Habitats in the
U.S.").
(5) A list of observed plant and wildlife species, using both scientific and
common names, and a description of their relative abundance.
(6) A list of potential plant or animal species based on signs or other
observation.
(7) An evaluation and assessment of the existing or potential functions
and values of the wetland based on the following factors: surface
water control; wildlife habitat; pollution and erosion control;
groundwater exchange; open space and aesthetic contrast; and
recreational, educational and cultural opportunities.
(c) Drainage Facilities. Surface water ponds, drainage ditches, and other such
facilities which were designed to impound or convey water for an engineered purpose are
not considered regulated wetlands under this article provided they meet all of the following
criteria:
(1)
The drainage facility must have been intentionally human created.
This is to differentiate from those wetland sites that are accidental
ORD # , PAGE 15
(2)
(3)
(4)
(5)
consequences of development actions, such as road construction or
culvert placement. Such sites may be considered regulated wetlands
by the director upon a review under subsect!on (b)(7) above of the
ecological functions and values of the site.
The drainage facility must have been originally constructed on
uplands (non-wetland areas). If the drainage facility is located within
a straightened, channelized, or otherwise disturbed natural
watercourse, it may be considered a regulated wetland by the director
upon review under subsection (b)(7) above of the ecological functions
and values of the site.
The facility must be actively operated as for use as a surface water
drainage facility. Abandoned drainage facilities may be considered
regulated wetlands by the director upon a review under subsection
(b)(7) above of the ecological functions and values of the site.
Wetland conditions have not expanded beyond the originally
constructed drainage facility boundary. In such a case the expanded
area may be considered a regulated wetland by the director upon
review under subsection (b)(7) above of the ecological functions and
values of the site.
The drainage facility was not designed or constructed as a
requirement to mitigate previous wetland impacts.
ORD # ,, PAGE 16
(6)
Sec. 22-1357. °-"---'-
buffers.
(a)
The director finds that limited ecological functions and values do not
warrant application of the City's wetland regulations.
' = '-'- and standard
Wetland categories .... :'--: -
Regulated wetlands are classified into the following categories:
(1) Category I wetlands sr~ §rc~t~r '~'-- "=~'~' '-^'
,,,,~,, ,.. , ,., ~, ,., squ~rc~ ,~,
meet one of the following criteria:
a. contain the
recognized
threatened
species; or
b. contain the
presence of species or documented habitat
by state or federal agencies as endangered,
or potentially extirpated plant, fish or animal
(2)
presence of plant associations of infrequent
occurrence, irreplaceable ecological functions, or exceptional
local significance including but not limited to estuarine
systems, peat bogs and fens, mature forested wetlands,
groundwater exchange areas, significant habitat or unique
educational sites; or
c. have three or more wetland classes, one of which is open
water.
Category II wetlands are greater than 2,500 square feet in area, do
not exhibit the characteristics of Category 1 wetlands, and meet one
ORD # ., PAGE 17
of the following criteria:
a. are contiguous with water bodies or tributaries to water bodies
which under normal circumstances contain or support a fish
population, including streams where flow is intermittent; or
b. are greater than one acre is size in its entirety; or
c. are less than or equal to one acre in size in its entirety and
have two or more wetland classes, with neither class
dominated by non-native invasive species
(3) Category III wetland are greater than 2,500 square feet in area and
do not exhibit those characteristics of Category I or 2 wetlands.
(b) Standard buffer widths for regulated wetlands are established as follows:
(1) Category I wetlands shall have a standard buffer width of 200 feet.
(2) Category II wetlands shall have a standard buffer width of 100 feet.
(3) Category III wetlands shall have a standard buffer width of 50 feet for
wetlands that are greater than 10,000 square feet in area, and shall
have a standard buffer width of 25 feet for wetlands that are between
2,500 to 10,000 square feet in area.
[New Section] Sec. 1357.5. Modification of standard wetland buffer.
(a) BufferAveraqing. Buffers may be averaged only when the wetland or the
buffer which is proposed to be reduced sen$it:,'v'e srea to be buffered contains habitat
types which have been so permanently impacted that reduced buffers do not pose a
ORD # , PAGE 18
detriment to the existing or expected habitat functions. The applicant must demonstrate
to the satisfaction of the Director of Community Development that the proposed buffer
averaging will meet all of the following criteria:
(1) Reduced buffers will not affect the water quality entering a wetland or
stream;
(2) Reduced buffers will not adversely affect significant habitat areas
within a wetland ~ or the buffer;
(3) Reduced buffers will not result in unstable earth conditions nor create
erosion hazards; and
(4) Reduced buffers will not be detrimental to any other public or private
properties, including the loss of open space or scenic vistas.
At no point ;n nc, ir;,st~nc~s shall the buffer width be reduced to less than 50% of the
required standard buffer width, unless the buffer, in existing conditions, has already been
permanently eliminated by '" ..... "
.... ,.,~,.~,, previous, legally permitted actions. The total area
contained within the buffer after averaging shall be equal to the area required for standard
buffer dimensions.
(b) Reduction of Standard Wetland Buffer Width. The director of community
development may reduce the standard wetland buffer width by up to 50%, but in no case
to less than 25 feet, on a case-by-case basis where one of the following conditions can be
demonstrated:
(1) existing conditions are such that the required standard buffer exists
ORD # , PAGE 19
in a permanently altered state (e.g. roadways, paved parking lots,
permanent structures, etc.) which does not provide any buffer
function, then the buffer can be reduced for that portion where the
intrusions are existing.
(2) except for Category I wetlands, existing conditions are such that the
wetland has been permanently impacted by adjacent development
activities, as evidenced by such things as persistent human
alterations or the dominance of nonnative invasive species.
(3) a project on an existing single family lot platted prior to the
incorporation of the City, where imposition of the standard buffer
would preclude reasonable use of the lot, and the project includes a
buffer enhancement plan, using appropriate native vegetation, which
clearly substantiates that an enhanced buffer will improve the
functional attributes of the buffer to provide for additional protection
of wetland functions and values.
The director shall have the authority to determine if buffer averaging is warranted on the
subject property and, if so, may require ~ additional buffer area on other portions
of the perimeter of the sensitive area.
(c) Bufferlncreases. The director shall require increased environmentally sensitive
area buffer widths on a case by case basis when the director determines that a larger
buffer is necessary to protect environmentally sensitive area functions, values or hazards
ORD # , PAGE 20
based on site specific conditions. This determination shall be supported by appropriate
documentation showing that additional buffer width is reasonably related to protection of
environmentally sensitive area functions and values, or protection of public health, safety
and welfare. Such determination shall be attached as permit conditions. The determination
shall demonstrate that at least one of the following factors are met:
(1) There is habitat for species listed as threatened or endangered by
state or federal agencies ~ present within the sensitive
area and/or its buffer, and additional buffer is necessary to maintain
viable functional habitat;
(2) There are conditions or features adjacent to the buffer, such as steep
slopes or erosion hazard areas, which over time may pose an
additional threat to the viability of the buffer and/or the sensitive area.
In such circumstances the City may choose to impose those buffers,
if any, associated with the condition or feature posing the threat in
addition to, or to a maximum, beyond the buffer required for the
subject sensitive area.
Sec. 22-1358. Structures, improvements and land surface modifications within
regulated wetlands.
(a) Generally. No land surface modification may take place and no structure or
improvement may be located in a regulated wetland except as provided in this section.
ORD # , PAGE 21
(b) Public park. The city may allow pedestrian access through a regulated
wetland in conjunction with a public park. The access, if approved, must be designed to
the maximum extent feasible to protect the wetland from any adverse effects or impacts
of the access and to limit the access to the defined access area.
(c) Rehabilitation. The director of community development may permit or require
the applicant to rehabilitate and maintain a regulated wetland by removing detrimental
material such as debris and inappropriate vegetation and by requiring that native
vegetation be planted. These actions may be required at any time that a condition
detrimental to water quality or habitat exists.
(d) Modification. Other than as specified in subsections (b) and (c) of this section,
the city council may approve any request to locate an improvement or engage in land
surface modification within a regulated wetland using process III. The specific location and
extent of the intrusion into the regulated wetland must constitute the minimum necessary
encroachment. Approval of a request for improvements or land surface modification within
a regulated wetland through process III shall be based on the following criteria:
(1) It will not adversely affect water quality.
(2) It will not destroy nor damage a significant habitat area.
(3) It will not adversely affect drainage or storm water
capabilities.
(4)
retention
It will not lead to unstable earth conditions nor create erosion hazards.
ORD # , PAGE 22
(5) It will not be materially detrimental to any other property in the area of
the subject property nor to the city as a whole, including the loss of
significant open space or scenic vista.
(6)It will result in no net loss of wetland area, function or value.
(7) The project is in the best interest of the public health, safety or
welfare.
(8) The applicant has demonstrated sufficient scientific expertise and
supervisory capability to carry out the project.
(9) The applicant is committed to monitoring the project and to make
corrections if the project fails to meet projected goals.
(e) Required information. As part of any request under this section, the applicant
shall submit a report, prepared by a qualified professional approved by the city, that
includes the following information:
(1) Mitigation plan. A mitigation plan shall include the following elements:
ao
Environmental goals and objectives.
Performance standards.
Detailed construction plans.
Timing.
Monitoring program for a minimum of five years.
Contingency plan.
Performance bonding in an amount of 120 percent of the costs
ORD # ., PAGE 23
(2)
(3)
of implementing each of the above elements.
Mitigation. Mitigation of wetland impacts shall be restricted to oc]~t~
restoration, creation or enhancement of in-kind wetland type which
results in no net loss of wetland area, function or value. Where
feasible, mitigation measures shall be designed to improve the
functions and values of the impacted wetland.
Minimum acreage replacement ratio. The following are minimum
restoration, creation or enhancement ratios for various impacted
wetland areas. The first number of the ratio specifies the acreage of
wetland requiring replacement and the second specifies the acreage
of wetlands impacted.
a. For areas with
documented habitat for endangered or
threatened plant, fish, or animal species; natural heritage
wetland sites; regionally rare wetland communities with
irreplaceable ecological functions; or wetlands of exceptional
local significance the replacement ratio shall be a minimum of
6:1.
For forested wetlands with at least 20 percent of the surface
area covered by woody vegetation greater than 20 feet in
height the replacement ratio shall be a minimum of 3:1.
ORD # , PAGE 24
(4)
c. For scrub-shrub wetlands with at least 30 percent of its surface
covered by woody vegetation less than 20 feet in height as the
uppermost strata the replacement ratio shall be 2:1.
d. For emergent wetlands with at least 30 percent of the surface
area covered by erect, rooted, herbaceous vegetation as the
uppermost vegetative strata the replacement ratio shall be
1.5:1.
e. The replacement ratio for all other wetlands shall be 1.25:1.
The above replacement ratios may be increased or decreased based
on the following criteria:
a. Probable success of the proposed mitigation.
b. Projected losses in function or value.
c. Findings of special studies coordinated with agencies with
expertise which demonstrate that no net loss of wetland
function or value is attained under an alternative ratio.
d. In no case shall the minimum acreage replacement ratio be
less than 1.25:1.
Timing. All required wetland mitigation improvements, except
monitoring, shall be completed and accepted by the director of
community development prior to beginning activities that will disturb
regulated wetlands, and shall be timed to reduce impacts to existing
ORD # , PAGE 25
plants and animals.
(5) Inspections. The applicant shall pay for services of a qualified
professional selected and retained by the city to review the wetland
mitigation report and other relevant information, conduct periodic
inspections, issue a written report to the director of community
development stating that the project complies with requirements of the
mitigation plan, and to conduct and report to the director on the status
of the monitoring program.
Section 4. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section $. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this day
of ., 1999.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ORD # , PAGE 26
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD # , PAGE 27
MEETING DATE: October 19, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Amendment to Ordinance No. 91-82
CATEGORY:
BUDGET IMPACT:
CONSENT
~-ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Council Committee action form dated September 20, 1999; draft ordinance
amendment
SUMMARY/BACKGROUND: Last year, the Kikaha O Ke Kai Canoe Club of Federal Way requested
that Council amendment Ordinance No. 91-82 to allow the City to consider permitting the club to hold
trials and competitions on Steel Lake. On July 19, 1999, the Parks and Recreation Commission held at
public meeting to take comment on the recommendation to change the ordinance. Prior to the
commission's regular meeting of August 5, the Canoe Club held a demonstration of the club's outrigger
canoe stopping ability and maneuverability. Public comment was taken at the meeting at City Hall
following the demonstration. After thorough review, the commission moved to recommend to Council
that Ordinance No. 91-82 be amended to approve the Canoe Club's use of Steel Lake for trials and
competitions. The commission further requested that staff work with the City Attorney to draft an
amendment and policy to review requests for use of park facilities for trials/competitions on a case-by-case
basis. At the September 2, 1999 Parks and Recreation Commission meeting, the following amendment to
the ordinance was recommended: "It is unlawful to engage in, conduct or hold any trials or competitions
for speed endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park except
pursuant to a permit issued by the Director. The commission recommends for trial and competition
requests that the applicant complete the department's Special Events Permit Request Form, and that this
form be updated to reflect the need to review large events or events that pose a high risk to public safety
for insurance.
CITY COUNCIL COMMITTEE RECOMMENDATION: On September 27, 1999, the Parks,
Recreation, Human Services & Public Safety Council Committee made a motion to recommend to City
Council approval of the amendment to Ordinance No. 91-82, Section 1, No. 29 Trials and Competitions as
presented; and recommend to City Council approval that the Special Events Use Permit as amended by the
Parks and Recreation Commission be used to review requests for trials and competitions as described in
Ordinance No. 91-82.
...............................................
APPROVED FOR INCLUSION IN COUNCIL /"~ ' ff~ /~ /~.,
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1 st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-5/14/96
Item 5A
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
MEMORANDUM
Date:
From:
Subject:
August 26, 1999
Jennifer Schroder, Director
Amendment of Ordinance 91-82/Section 1 No. 29 Trails and Competitions
Background:
Last year, the Kikaha O Ke Kai Canoe Club of Federal Way requested that Council amend
Ordinance No. 91-82 to allow the City to consider permitting the club to hold trials and
competitions on Steel Lake.
On July 19, 1999 the Parks and Recreation Commission held a public meeting at the School
District office. The purpose of the meeting was to take public comment on the
recommendation to change Ordinance No. 91-82, Section 1, No. 29 Trails and Competitions,
to allow for trials and competitions on Steel Lake. Approximately 100 citizens attended the
meeting.
Prior to the commission's regular meeting on August 5, the Canoe Club held a demonstration
of the club's outrigger (canoe) stopping ability. The commission observed the canoe's
maneuverability and stopping ability. Public comment was also taken at the commission's
scheduled meeting at City Hall following the demonstration.
After a thorough review of the public's comments by the commission, the club's purpose and
objectives, insurance coverages and the demonstration of the outrigger canoes, the
commission moved to recommend to Council that Ordinance No. 91-82 be amended to
approve the Canoe Club's authorization to hold trials/competitions at Steel Lake. The
commission further requested that staff work with the City Attorney to draft an amendment
and policy to review requests for use of park facilities for trials/competitions on a case-by-
case basis.
Amendment to Ordinance No. 91-82/Section 1, No. 29 Trials and Competitions
The intent to amending Ordinance No. 91-82, Section 29 Trials and Competitions is to allow
requests For any kind of trial and competition in City of Federal Way parks and Facilities be
reviewed and approved only on a case-by-case basis. The commission recognized that to
ensure the public's safety and appropriateness for a park to accommodate such use might not
apply to all activities.
Parks, Recreation, Human Services & Public Safety Committee
September 20, 1999
Page Two
At the Parks and Recreation Commission September 2, 1999 meeting, the following
amendment to the ordinance was recommended:
SECTION I, No 29 Trials and Competitions
It is unlawful to engage in, conduct or hold any thais or competitions for speed endurance,
or hill climbing involving any vehicle, boat, aircraft or animal in any park except pursuant
to a permit issued by the Director.
(The proposed amendment to the ordinance is attached)
Policy to Review Requests for Trials and Competitions:
The Parks and Recreation Commission recommends for thai and competition requests that
the applicant complete the department's Special Events Permit Request Form. The
commission also recommends that this form be updated to reflect the need to review large
events or events that pose a high risk to public safety to have insurance. Additionally, the
form should indicate the type of permit, i.e., approved by form of a contract or Memorandum
of Understanding (for example, the Federal Way Community Council is issued a MOU for
Family Fest).
Staff concurs with the commission's recommendations to use the Special Events Permit
Request form for requests and supports the changes recommended to the form.
Committee Recommendations:
l. Move to recommend to City Council approval of the amendment to Ordinance No.
91-82 Section 1, No. 29 Trials and Competitions as presented; and
Move to recommend to City Council approval that the Special Events Use Permit as
amended by the Parks and Recreation Commission be used to review requests for
Trials and Competitions as described in Ordinance No. 91-82.
P~~AL~OF C~ITTEE REPORT:
//~ ommittee Member
it-tee M/ember
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING ARTICLE III
OF CHAPTER 11 OF THE FEDERAL WAY CITY CODE TO
PROVIDE THE DIRECTOR THE DISCRETION AND
AUTHORITY TO ALLOW TRIALS AND COMPETITIONS
DRAFT
WHEREAS, the City o fFederal Way is a non-charter code under the laws of the State
of Washington and as such as the power to enact ordinance for the protection of the public health,
safety and general welfare and for other purposes, and
WHEREAS, the City of Federal Way seeks to provide a park system which includes
safe and secure recreational environment, and
WHEREAS, on January 8, 1991, the City of Federal Way City Council approved
Ordinance No. 91-82, adopting General Park Regulations and Provisions for Enforcement and
Penalties Thereof, and
XVHEREAS, Section 1,
competitions in any park, and
to take public
No. 29 of Ordinance 91-82 prohibits any trials and
WHEREAS, on July 19, 1999, the Parks and Recreation Commission held a i'neeting
comment on changes to Ordinance No. 91-82, Section 1, No. 29 Trials and
Competitions to alloy,' the Kikaha O Kc Kai Canoe Club of Federal Way to hold trials and
competitions on Steel Lake, and
WHEREAS, on August 5, 1999, the Parks and Recreation Commission observed the
Canoe Club's demonstration of the outrigger canoe's maneuverability and stopping ability, and
WHEREAS, On August 5, 1999, the Parks and Recreation Commission moved to
ORD # , PAGE 1
recommend to the City Council that Ordinance No. 91-82, Section 1, No. 29 Thais and Competitions
be amended to provide the discretion and authority to allow trials and competitions.
NOW THEREFORE, the City Council of the City of Federal Way does hereby ordain
as follows:
SECTION 1. Amendment Section 11-91 of Article III of Chapter 11, Parks and Recreation, of
the Federal Way City Code is hereby amended to provide as follows:
Sec. 11-91. Trials and Competitions.
It is unlawful to engage in, conduct or hold any trials or competitions for speed endurance,
or hill climbing involving any vehicle, boat, aircraft or animal in any park except pursuant
to a permit issued by the Director.
SECTION 2. SEVERABILITY If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase ofthi~ ordinance.
SECTION 3. EFFECTIVE DATE This ordinance shall take affect five days after its passage and
publication as provided by law.
SECTION 4. RATIFICATION Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
OKI) # , PAGE 2
PASSED by the City Council of the City of Federal Way this
., 1999.
day of
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD # , PAGE 3
CITY OF FEDERAL WAY
PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT
SPECIAL EVENTS PF_,RMTr
A special event permit is required for any community, special or private event not sponsored
by the City which requires more than routine use of any lam'lc or outdoor facility. Examples of
such events include, but are not limited to, outdoor weddings and receptions, Easter Egg HUnts,
fun runs and athletic tournaments. Special Event Permits are available on a first--come, first-
served basis and must be obtained in person from the Federal Way Recreation Division.
',Cae following fees have been established:
1. S_tx:cial Event - Base Fee
Size of Group
50 or less
51-150
15 l-more
$25 up to 4 hours including set-up and clean-dp
$50 up to 4 hours including set-up and clean-up
$75 up to 4 hours including set-up and clean-up
o
Admissions/Revenue
When admission is charged or when event revenues are generated, 20 percent of total
gate admission or event revenues shall be paid to the City,. in addition to the sta. n'dard
Special Event base fee. A certified statement of total gate admissions or revenues, along
with payment of 20 percent, must be submitt_~_ within 20 days of the conclusion of the
event by thc event representative. Non-profit agencies shall be exempt from this
provision upon sufficient proof of the non-profit status.
o
DiLrnag¢ D _epo~i[
At the City's sole discretion, a bond or cash deposii may be required as seburity for
potential property damage or when aa event requires amplification or special services by
park staff. The mount of the bond or deposit will b~-detem~ed by the City based upon
pa~t. City experience, and the type, location and si~ of the event.
Additional Charges
Charges for additional services and/or equipment required in relation to the event may
be imposed at the discretion of the City. These fees may be due upon issuance of the
perm/t, or where charges are estimates only, billed at conclusion of event.
Refu rids/Ca rice!la tio n.S/Ttm~ers
Refunds will not be made due to inclement weather. Cancellations made 14 days prior to the
event date are not subject to refund. Upon written notice of cancellation to the Federal Way'
Recreation Division received 14 days or more prior to the event date, applicant is entitled to a
50 pexceat refund. Transfeq will be accepted for a charge of $10 when 14 days or more
advance notice is provided. Please allow 30 days for refund to be proce.ss~. If the City rejects
the request or.if for any unfore.seen circumstance the City must cancel the event, a full refund
General Information
At the City's ~I¢ di~re~on, a c.e~ficate ~owing comprehensive gene.,'al liability insurance
coverage for the group-proposed event may, b~ required prior to approval of a Special Event
Permit. C~'fificat~ of insurance must show a combined single limit of not less than $I00,000
for bodily injury, pe.~o~ injury and property damage liability and must name the City of
Federal Way as an additional insured.
Approval Authority
All Special Event Permits are issued subject to relevant Federal, State and City ordinances and
to the City of Federal Way Park Regulations, copies of which are available through the
Recreation Division. Special Event Permits shall be granted through the Recreation Division,
under the direction of the Director of Parks and Recreation. It is the responsibility of the
applicant to obtain all other necessary permits and licenses required for the desired event.
Miscellaneous
Special Event Permit requests will be accepted year-round for up to 12 months in advance. The ·
special event base fee and damage deposit MUST be paid in full at time of application. Issuance
of permit is subject to approval and may take 10-20 days to process. Due to unforesa~n
circumstances, the City re. serves the right to relocate, transfer anct/or cancel the special event
and will provide as much advance notification as possible. A Special Event Permit may be
issued for more than four hours; the base fee will be adjusted accordingly.
Name of Orgaoi~,~tlon:
CITY OF FEDERAL WAY
PARKS AND RECREATION DF_,PARTlV~
SPECIAL EVENTS PERMIT
REOUF~T FORM
Person in Charge: .' Title:
Address: City:
Home Phone:
Person in charge at event:
Park Area/Outdoor Facility Requested (please be specific):
Business Phone:
Home Phone:
Zip:
Date of Event:
Arrival Time (includes set-Up):.
Set-Up Time Required (day. & time):
Leaving lime (after lake-down):
Type of Activity Planned:
Anticipated Atteadance:
· Equipment to be Used (PA system, etc.):,
Service Required of City:
Will there be an admi~'vion fee.9 Yes
If yes, how much? $
I~ thi~ event, or any part tla~f, revenue generating?
If so, describe fully:
No
Yes No
I, thc undersigned, hereby request thc use of the above park area and/or outdoor facility as specified and agree
to abide by the City Park Regulations and by all other established regulations relating to park area/outdoor
facility use and all activities taking place in above area. I agree to keep the area in a clean 'and orderly
condition, and as.~ume responsibility for any damages incurred by my group's activities. In case of injury or
damage, all claims or legal actions, financial or othexwise, are waived against the City of Federal Way, its
elected and appointed officials and employees, unless injury or damage is caused by the sole negligence of the
City of Federal Way. I also agree to defend and hold harmless the City of Federal Way, its agents and
repre.w, atatives, from any and all claims which may arise from loss of or damage to property as a result of this
agreement. I also understand that the Federal Way Parks and Recreation Department reserves the right to
change/cancel any part of a use agreement and. related scheduled activity. Additional information may be
required before permit approval.
Applicant Signature
Date
Authorization Signature
Date
special.use
I/8/91