Loading...
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