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HomeMy WebLinkAbout03-15-2022 Council Packet - Regular2. 0 4. CITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA ** REVISED AGENDA** City Hall - Council Chambers March 15, 2022 - 6:30 p.m. The Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unab•le tCWatfc%dt! epmeeoi!irig live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast) • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted in -person, via email here, or sign-up to provide live comments here • Zoom meeting code: 363 503 282 and passcode: 738163 CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. Mayor's Emerging Issues and Report • Aid to Ukraine • St. Patrick's Day Flag Raising — Thursday, March 17 at 9:00 a.m. City Hall b. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 1, 2022 Regular and Special Meeting Minutes The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. b. Puget Sound Energy (PSE) Power Pole Easement c. Lawson Contracting, dba Wright Roofing LLC Retainage Release d. 2021 Program Year Consolidated Annual Performance and Evaluation Report CAPER e. Systems for Public Safety Agreement - Amendment 2 f. Jail Services Contract - Puyallup City Jail g. Distribution Agreement between Seattle Police Department and Federal Way Police Department h. Puget Sound Auto Theft Task Force (PSATT) Interlocal Cooperative Agreement i. Amendment to the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2018 J. NTS Program Project — 30t" Ave SW (SW 3121" PI to SW 320t"� k. NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update I. Transportation Grant Funding Applications 6. COUNCIL BUSINESS a. Resolution: Amending Council Rules of Procedure — Changing Order of Meeting to take Public Comment Earlier b. Resolution: Amendinq Council Rules of Procedure — Decorum in Meetings c. Resolution: Amending Council Rules of Procedure — Written Comments d. Resolution: Amendina Council Rules of Procedure — Update to Travel & Expenses e. Resolution: Amending Council Rules of Procedure — Using the Term "Public" instead of "Citizen" • Staff Report: City Attorney Ryan Call f. ADDED ITEM: Approval Grant application for State Funding for Homeless Cleanup and Federal Grants for Drug Treatment program (no paperwork provided) 7. COUNCIL REPORTS 8. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 2. 0 4. CITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers March 15, 2022 - 6:30 p.m. The Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast) • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted in -person, via email here, or sign-up to provide live comments here • Zoom meeting code: 363 503 282 and passcode: 738163 CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. Mayor's Emerging Issues and Report • Aid to Ukraine • St. Patrick's Day Flag Raising — Thursday, March 17 at 9:00 a.m. City Hall b. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 1, 2022 Regular and Special Meeting Minutes The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. b. Puget Sound Energy (PSE) Power Pole Easement c. Lawson Contracting, dba Wright Roofing LLC Retainage Release d. 2021 Program Year Consolidated Annual Performance and Evaluation Report CAPER e. Systems for Public Safety Agreement - Amendment 2 f. Jail Services Contract - Puyallup City Jail g. Distribution Agreement between Seattle Police Department and Federal Way Police Department h. Puget Sound Auto Theft Task Force (PSATT) Interlocal Cooperative Agreement i. Amendment to the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2018 J. NTS Program Project — 30t—" Ave SW (SW 312t—" PI to SW 320—"_qt) k. NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update I. Transportation Grant Funding Applications 6. COUNCIL BUSINESS a. Resolution: Amending Council Rules of Procedure — Changing Order of Meeting to take Public Comment Earlier b. Resolution: Amending Council Rules of Procedure — Decorum in Meetings c. Resolution: Amending Council Rules of Procedure — Written Comments d. Resolution: Amending Council Rules of Procedure — Update to Travel & Expenses e. Resolution: Amending Council Rules of Procedure — Using the Term "Public" instead of "Citizen" • Staff Report: City Attorney Ryan Call 6. COUNCIL REPORTS 7. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 111. COUNCIL MEETING DATE: March 15, 2022 ITEM #: 5a-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the March 1, 2022 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mavor's Office Attachments: Draft minutes for the March 1, 2022 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A CITY CLERK APPROVAL: Council Initial/Date N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 4/2019 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # CIT Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers March 1, 2021 — 5:00 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 5:01 p.m. �RgFT City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. Deputy Mayor Honda excused Councilmember Tran and Councilmember Walsh absence. 2. PLEDGE OF ALLEGIANCE 3. COMMISSION INTERVIEWS The City Council interviewed applicants in person for openings on the Lodging Tax Advisory Committee, Arts Commission, Senior Advisory Commission, Youth Commission, and Steel Lake Management District Advisory Committee. Councilmember Walsh joined the meeting at 5:34 p.m. 4. EXECUTIVE SESSION At 5:50 p.m. Council President Kochmar announced the Council would recess to Executive Session for the purpose of evaluating Property Acquisition Pursuant to RCW 42.30.110(1)(b). Mayor Ferrell joined the meeting in executive session. 5. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:09 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 March 1, 2022 CIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers March 1, 2022 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:33 p.m. �RgFT City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Judge Dave Larson led the flag salute. Mayor Ferrell noted Councilmember Tran was connected via Zoom for the meeting. COUNCIL PRESIDENT KOCHMAR MOVED TO AMEND THE AGENDA TO ADD ITEM 6G TO COUNCIL BUSINESS DESIGNATING RIVNE, UKRAINE AS A SISTER CITY; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 3. PRESENTATIONS a. Ceremonial Swearing in of Judge Brad Bales Municipal Court Judge Brad Bales was sworn in by Judge David Larson. Judge Bales thanked his friends and family who were in attendance and highlighted his previous experience noting he looks forward to serving the community. Mayor Ferrell and the Council congratulated him and thanked him for his service. b. Recognition of South King Fire and Rescue Chief Pennington Mayor Ferrell read and presented South King Fire and Rescue Chief Vic Pennington a Certificate of Recognition for his over 40 years of service to the community. Chief Pennington thanked the Mayor and Council and noted his appreciation for this honor. He attributes many successes to the partnerships and relationships he built over the years. Federal Way City Council Regular Minutes Page 1 of 9 March 1, 2022 c. Proclamation: March - Women's HistoryMonth/Celebrating Women in Politic g Council President Kochmar, Deputy Mayor Honda, Councilmember Assefa-Dawson and Councilmember Norton jointly read and presented the proclamation honoring both Women's History Month and Celebrating Women in Public Office. Invited to accept the proclamation were Senator Claire Wilson; Representative Jamila Taylor; School Board Member Trudy Davis; School Board Member Lukisha Phillips; School Board Member Dr. Jennifer Jones; Lakehaven Utility District Commissioner Laura Belvin; and South King Fire and Rescue Fire Commissioner Caroline Vadino. Commissioner Laura Belvin thanked the Council for this acknowledgement of women in public office. Greater Federal Way Chamber of Commerce CEO Rebecca Martin thanked those who work in public office for their work and the important partnerships which are created. At 6:53 Mayor Ferrell announced the Council would take a brief recess for approximately fifteen minutes. Mayor Ferrell resumed the meeting at 7:08 p.m. d. Mayor's Emerging Issues and Report Mayor Ferrell reflected on raising the Ukrainian Flag last Friday at City Hall in support of the Ukrainian community and those in the Ukraine fighting for their country. He reported he recently talked with the Mayor of Rivne, Ukraine. The Mayor referenced the item added to the agenda regarding designating Rivne, Ukraine a Sister City to Federal Way. Report on Mayor's State of the City Address Mayor Ferrell reported his State of the City Address (pre-recorded at various locations throughout the city) was posted to his Facebook page, the city website as well as posted on the city's YouTube Channel and played on Government Access Channel 21 on February 24. He thanked the Mayor's office staff, IT Director Thomas Fichtner, and IT staff for their work on this project. Report on City Council Retreat He briefly reported on his attendance at the City Council Retreat held on Saturday, February 26 and thanked the Council for their leadership and partnership. He thanked city staff who attended and the facilitator Andrew Ballard. He also noted the Council Retreat video was also posted to the city YouTube Channel and was viewable on Channel 21. Chamber Quarterly Update The next Chamber Quarterly Update will take place Wednesday, March 9. St. Patrick's Day Flag Raising Mayor Ferrell invited Craig Patrick to report on the St. Patrick's Flag Raising Event scheduled for March 17 at 9:00 a.m. at City Hall. Mr. Patrick noted he is very excited for this family -friendly event which will raise the Irish Flag at City Hall. He provided details on the event and encouraged residents to attend. Federal Way City Council Regular Minutes Page 2 of 9 March 1, 2022 Public Safety Update O In response to a request at the February 15 City Council meeting, Chief of Poli Hwang provided a brief update including crime statistics and trends in the city. He included the departments plan for addressing crime which is primarily focused in the Pacific Highway South/HWY 99 corridor. He discussed some of the newer challenges law enforcement faces with recent laws and regulations passed at the state. He encouraged Council and residents to contact their state representative and let them know how they feel about these laws. e. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh reported the next meeting will be March 8. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next LUTC meeting is scheduled for Monday, March 7 in -person in Council Chambers. Finance, Economic Development Regional Affairs Committee (FEDRAC): Councilmember Tran reported the Committee met on February 22 and forwarded items to the Consent Agenda for Council approval. He was appreciative of Finance Director Groom's investment update presented at Committee. He noted the next meeting is March 22 at 5:00 p.m. in Council Chambers. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson had no report. Deputy Mayor and Regional Committees Report: Deputy Mayor Honda reported the upcoming PIC meeting will be March 9 via Zoom. She provided an update on the Board of Health issue regarding the bicycle helmet regulations. She reported on the Council retreat which had a very busy agenda covering many important issues. She thanked Council and staff for their participation and would like Council input on the vision statement and goals. Council President Report: Council President Kochmar provided update on the Council Retreat and the outcomes Council is looking to address including drug use and theft, community organizations, broadband study, families pushed into homelessness, and rent increases. She also noted ideas that were brought up included GPS locators for vehicles, broken window grants, bus security, zoning for the downtown and how to encourage development similar to Point Ruston and Kent Station. 4. PUBLIC COMMENT Helen Kubrik provided feedback on the February 16 Planning Commission meeting. She is concerned the Council is delegating its authority to the Community Development Director and Hearing Examiner for Plat approvals and alterations. She believes there are flaws in the system and the applicant should provide more information. Jeffory Tancori referenced information regarding action taken in May of 2021 by India in response to the Delta Covid variant; where they enacted an aggressive house to house test and treatment in their most populated areas. He believes the United States could have saved lives if they followed this same example. Federal Way City Council Regular Minutes Page 3 of 9 March 1, 2022 Susan Strong, long-time resident of Federal Way, was pleased to see the Ukrainian joa sed in support of the Ukrainian -American community. Jane Sidlow expressed concern with final approval processes at the city and asked questions regarding the proposed development on the former Bally's site (1st Ave S). She attended a meeting with the developers and has more questions following the meeting; she is untrusting of the process she has experienced to date. Anna Patrick provided information on the 81" Annual March of Diapers, diaper and wipe drive which is currently collecting at City Hall and throughout the community. She encouraged donations and referenced the website (www.marchofdiapers.com) and their Facebook page for a map. Trenise Rogers thanked Chief Pennington for his service and acknowledged the outreach and recruitment process the fire department follows. She shared a personal story of her daughter being victimized by theft and the struggle she has faced; she thanked a Federal Way Officer who was helpful and supportive, yet she would like to see more assistance to the victims of crimes. She inquired as to the status of renaming a public street in honor of John Conna. Ken Blevens requested the city no longer require masks in public meetings; he also shared his ongoing concerns with the school district. 5. CONSENT AGENDA a. Minutes: February 15, 2022 Regular and Special Meeting Minutes b. Monthly Financial Report — December 2021 c. AP Vouchers 01/16/2022 — 02/15/2022 & Payroll Vouchers 01/01/2022 — 01/31/2022 d. Request for Proposals — City of Federal Way Broadband Planning Study e. Bid Acceptance 21-012 FWCC Slide Replacement and Fund Project with ARPA Allocation f. Purchase of Endpoint Security Software g. Purchase of Snow and Ice Removal Equipment COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH G ON THE CONSENT AGENDA; SECOND BY ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 6. COUNCIL BUSINESS a. Monetary Retention Incentive for City Employees (continued from February 15, 2022 meeting) Interim City Administrator Brian Davis provided a follow-up presentation with additional information and options as requested at the February 15 regular meeting. He provided four (4) options from feedback received at the January 20 PRHSPSC Meeting; the February 15 Regular City Council Meeting; and the February 22 FEDRAC Meeting. He noted the retention incentive is a qualifiable expense for ARPA funds and would be Federal Way City Council Regular Minutes Page 4 of 9 March 1, 2022 paid out to regular staff who meet the employment requirements in two p %manya the end of 2022 and 2023. He explained senior -level positions often with ` service and knowledge are the most difficult to recruit for/replace in a competitive job market. In order to be effective, the retention incentive would need to be attractive to senior level staff as well. The options presented included: • Option 1: 2.5% of base salary ($1,888,924 plus $209,000 longevity incentive) • Option 2: $2,500 flat rate ($1,845,000 plus $209,000 longevity incentive) • Option 3: $3,000 flat rate ($2,214,000 plus $209,000 longevity incentive) • Option 4: $5,000 flat rate ($3,690,000 plus $209,000 longevity incentive) Mr. Davis clarified, as noted in the presentation materials, each of these options include a $500 longevity bonus for employees who have been employed for 5 years of service. Interim Administrator Davis noted the Mayor's recommendation is Option 1 (2.5% of base salary with $500 longevity bonus.) COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF OPTION 4: A FLAT -RATE RETENTION OF $5,000 FOR ALL REGULAR FULL AND PART-TIME EMPLOYEES HIRED BEFORE JULY 1 IN THE YEAR OF THE INCENTIVE WITH PAYOUTS IN DECEMBER 2022 AND DECEMBER 2023 WITH A $500 LONGEVITY BONUS FOR EMPLOYEES WITH MORE THAN FIVE YEARS OF EMPLOYMENT WITH THE CITY AS OF JANUARY 1 OF THE YEAR IN QUESTION. SECOND BY NORTON. Council thanked Mr. Davis for the presentation and asked clarifying questions. Deputy Mayor Honda, Councilmember Assefa-Dawson and Councilmember Norton spoke in support of a flat -rate incentive as an equal incentive for all staff who are contributing to the welfare of the community. Councilmember Dovey supports the staff recommendation of a percentage retention incentive of base salary option. He would rather re-evaluate and have the option of adding additional funds at a later date over approving a flat -rate at this time. Council discussed pro -rating the incentive for newer employees. COUNCILMEMBER NORTON MOVED TO AMEND THE MOTION TO PRORATE THE AMOUNT FOR EMPLOYEES HIRED AFTER JULY 1; SECOND BY COUNCIL PRESIDENT KOCHMAR. The amendment carries 5-2 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh no Councilmember Dovey no Councilmember Walsh noted he favors the percentage incentive as recommended by staff; however, he will support the motion. Councilmember Tran does not believe ARPA money should be used for staff incentive, however, he will support the motion. Federal Way City Council Regular Minutes March 1, 2022 Page 5 of 9 Council President Kochmar thanked the Councilmembers for their points of v" w input. She supports the motion for the staff who have worked diligently through COVID ie sure they are aware they are valued and appreciated. Main motion as amended passed 6-1 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey no Interim City Administrator Brian Davis thanked the Mayor and Council. He appreciates the hard work of staff and appreciates that while the Council may have had discussions on how to implement this incentive, there was clear unity of support for staff. Mayor Ferrell asked to take item 6g out of order as there were school -aged children in attendance for this item. ADDED ITEM 6g. Sister City of Rivne, Ukraine/Approved Resolution #22-821 Intergovernmental Affairs and Public Affairs Officer Steve McNey presented information regarding recognizing Rivne, Ukraine as a Sister City of Federal Way. Councilmembers thanked Mr. McNey for the presentation and asked clarifying questions regarding the Sister City program and the city's other Sister Cities in Korea and Japan. Mr. McNey introduced Oleksander Chubay, a former Councilmember from Rivne who was visiting Federal Way (who spoke with the assistance of a translator) and Albina Terpetska, Ukrainian Community Representative who thanked the city for their support. Mr. McNey also introduced Valeriy Goloborokdko, Honorary Consul of Ukraine who appeared virtually via Zoom to thank the Mayor and Council for this Sister City Resolution and looks forward to partnering together to benefit both cities. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE RESOLUTION; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Norton briefly left Council Chambers. b. Lodging Tax Advisory Committee Appointment COUNCILMEMBER ASSEFA-DAWSON MOVED TO APPOINT MIKE DUNWIDDIE VOTING MEMBER OF THE LODGING TAX ADVISORY COMMITTEE WITH A TERM TO EXPIRE OCTOBER 31, 2023; SECOND BY DEPUTY MAYOR HONDA. Deputy Mayor Honda thanked Mike Dunwiddie for his many years of service and promotion events in the city through the management of the King County Aquatics Center in the last 32 years. The motion passed 6-0 as follows: Federal Way City Council Regular Minutes Page 6 of 9 March 1, 2022 0 Council President Kochmar es Councilmember Tran es Y Y Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton not present c. Arts Commission Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE ARTS COMISSION: JAMES MORGESE AS A VOTING MEMBER WITH A TERM TO EXPIRE DECEMBER 31, 2023 AND JAN BARBER AS A VOTING MEMBER WITH A TERM TO EXPIRE DECEMBER 31, 2024; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton not present d. Senior Advisory Commission Appointment DEPUTY MAYOR HONDA MOVED TO APPOINT TAMMY DZIAK AS AN ALTERNATE MEMBER OF THE SENIOR ADVISORY COMMISSON WITH A TERM TO EXPIRE AUGUST 31, 2024; SECOND BY COUNCIL PRESIDENT KOCHMAR. Councilmember Norton returned to Council Chambers. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes e. Youth Commission Appointment Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes COUNCILMEMBER WALSH MOVED TO APPOINT BRYAN AGUILAR-CAMPOS AS A VOTING MEMBER OF THE YOUTH COMMISSION WITH A TERM TO EXPIRE AUGUST 31, 2023; SECOND BY COUNCILEMBMER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes f. Steel Lake Management District Committee Appointments COUNCILMEMBER DOVEY MOVED TO APPOINT MARK SABOL, MARGARET REYHNER, TOM DEZUTTER, AND JEREMY BENSON AS VOTING MEMBERS OF THE STEEL LAKE MANAGEMENT DISTRICT COMMITTEE WITH TERMS TO EXPIRE DECEMBER 31, 2023; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes Page 7 of 9 March 1, 2022 7. ORDINANCES O Second Reading/Enactment a. Ordinance: Council Bill #812/Amending Title 19 of the FWRC regarding Public Transportation Facilities/Approved Ordinance #22-930 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC TRANSPORTATION FACILITES; AMENDING FWRC 19.05.120, 19.05.200, AND 19.105.020; AND ADDING NEW SECTIONS TO CHAPTERS 19.225 AND 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-630, 09-610, 09-593, and 97-295) City Clerk Stephanie Courtney read the ordinance title into the record COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson had no report and thanked everyone for a great meeting. Councilmember Norton noted she along with many volunteers have been meeting for litter pick-up a few hours every couple of weeks to clean up the city. She asked anyone who is interested in joining them to please contact her. Councilmember Tran had no report. Councilmember Walsh asked everyone to Save the Date of April 23 for Parks Appreciation Day noting neighbors will come together that day to beautify the wonderful parks in the city. Typically, events occur between 9:00 a.m. and noon. Councilmember Dovey expressed appreciation to Councilmember Norton and Councilmember Walsh's encouragement of litter pick-up and community engagement; he would like to advocate for citizens to jump in and help. Deputy Mayor Honda thanked all for the donations for the Senior Center and she also noted support for the Diaper Drive which includes a collection point at City Hall. She was happy the annual Salmon Bake event will be back to an in -person event this y ear. It will be held the fourth Friday in July at Steel Lake Park. Council President Kochmar thanked Councilmember Norton and Councilmember Walsh for noting the clean-up efforts; she also reminded neighbors to clean out storm drains and ditches. She asked for anyone who would like to donate to the Ukrainian community donate to World Vision and be mindful of fake donation campaigns and scams. She reported back on the discussion with the School Board for joint meetings. She noted March 15 will be the Multi -Services Center Annual Crab Feed. 9. EXECUTIVE SESSION DrE)perty Gq iicitiGR P irs aRt tO DGVV 42 30 110(i)(b) not needed Federal Way City Council Regular Minutes Page 8 of 9 March 1, 2022 10. ADJOURNMENT O There being nothing further on the agenda; the regular meeting was adjourned at 9:07 p.m. 41P Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 March 1, 2022 COUNCIL MEETING DATE: March 15, 2022 ITEM #: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUGET SOUND ENERGY (PSE) POWER POLE EASEMENT POLICY QUESTION: Should the City grant an easement to Puget Sound Energy to relocate power poles on City Parks Department managed property so Dash Point Road may be expanded? COMMITTEE: PRHSPSC MEETING DATE: March 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Parks and Facilities Deputy Director DEPT: Parks Department Attachments: 1. Staff Report 2. Preliminary Drawing - PSE/Lakota- Power pole Relocation 3. Power Pole easement — legal description Options Considered: 1. Approve the proposed power pole easement. 2. Do not approve the proposed power pole easement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: a DIRECTOR APPROVAL: 40u, mmti a Co cil Initial/Date Initial/Date Initi2l/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed PSE power pole relocation easement to the M/arch 15, 2022, consent agenda for approval. " Committee hair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed PSE power pole easement and authorize the `Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 16, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor Brian Davis, Interim City Administrator FROM: Jason H. Gerwen, Parks & Facilities Deputy Director SUBJECT: PSE Pole Relocation Easement Financial Imuacts: There is no financial impact to the City for the Puget Sound Energy (PSE) power pole easement and there will be no future costs upon completion of the power pole easement. Background Information: The City of Federal Way Public Works Department is working to expand Dash Point Road via the Safe Route to Schools program. This expansion is going to necessitate that utilities be relocated, requiring PSE to relocate two power poles from the Right -of -Way (ROW) onto the edge of Parks Department Property in Lakota Park. The granting of the easement and the relocation of power poles on to City Parks Property will have no impact on the park's current uses or functions. Rev. 7/18 RETURN ADDRESS: Puget Sound Energy, Inc. PO Box 97034 / EST-06W Bellevue, WA 98009-9734 Attn: ROW Department / PT PUGET SOUND ENERGY EASEMENT REFERENCE # GRANTOR (Owner): CITY OF FEDERAL WAY GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Por. of SE12, 21 N, 03E ASSESSOR'S PROPERTY TAX PARCEL: 122103-9016 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF FEDERAL WAY, a Washington municipal corporation ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: AN EASEMENTAREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF PSE'S FACILITIES AS NOW CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Overhead facilities. Poles"and other support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. PSE OH Electric Easement 2022 111026229 Page 1 of 4 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. DATED this day of .20 PSE OH Electric Easement 2022 111026229 Page 2 of 4 OWNER: CITY OF FEDERAL WAY, a Washington municipal corporation By: (name) Its: (title) STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day of .20 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person(s) who signed as of CITY OF FEDERAL WAY, a Washington municipal corporation, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal, text and all notations must be inside 1" margins PSE OH Electric Easement 2022 111026229 Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION APN: 122103-9016 (PER SPECIAL WARRANTY DEED RECORDING NUMBER 9102200666) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., LYING SOUTHEASTERLY OF THE ROBERT MALTBY ROAD AND ALSO THAT PORTION OF SAID SUBDIVISION LYING NORTHEASTERLY OF COUNTY ROAD NO. 980 AND NORTHWESTERLY OF ROBERT MALTBY ROAD. PSE OH Electric Easement 2022 111026229 Page 4 of 4 �©mom®o®mmQ -�MII�M1W�M�MMIMM�IWM�����_m__ 'EAMXDA01 RA ilWE fa gNpulH L21B entl AN2 1B' X S' t III- MY — �SIOENAI��. �1. �I S/ Ll/SV Po/Nl ,w +ajf � i \ PLAN SLRI.E A T POUF OO TOE 1AYr ANCFIOR9 REMARKS ACTION R IEAD OR BPAN im COMSTRUCTNNIUNIT-SCRIPIION 6TANDARD PRACTICE (N/3)00% FIG ACTION CITY CONSTRUCRCN UNR DESCFPPOR STANDAAO PRACTICE BB12 PRO FIG Bar M INSTALL WS 1 Im SIRE 3PAW C. amm .1. 1 m REMOVE P'■ 1 ]M NOE IVANF. =ft .1. 1 — INSTALL 11.5 1 TIM MR 1HPIRW TTTSH .1. 1 INSTUL I PLATE 11. 11N ROD.ANTP2/ 3 B - REMOVE B` 1 1A STUB DOWN G SB OPO 3 REMOVE 1 %KULFHHIXWI ABPR 1 A N NSTALL M'S 1 2lIG%ffkvm I_ MhOS DPO 1 N REMOVE M'[ ; IRi MPF SPAN['. O`Y s 01T11 1 G// NISIALI 15'S 2 7MSTUB GOWN. GYPSB BPI( 3 INSTALL 2 PLIAiE11 f1M RDO.ONTIRI 3 B [i/! REMOVE I'i } iR65111B OOWX GYPS. .1. 2 REMOVE 1 Lecaxm nonarn-AM2LB1 4 C PROTECT NOTE& GnIR RItO Pc+[T �..5muT ci EnemWW IWgUIW for new WhO P0M ­1 ® lOatlaM [M WRd P29 TRANSMISSION SYMBOL LEGEND O EXISTING POLE M NEW POLE % AaMOYED PGLE D EXISTING LAMINATE POLE 1 NEV LAMIRAT€ PR.€ EXISTING STEEL POLE NEW STEEL POLE %( EXISTING LATTICE TOWER X NEW LATTICE TONER EXISTING 55XV COIDNCTOR —••--•— E%1ST INO 11 SBV CONDUCTOR EXISTING 230X1 CONDUCTOR �- NEW CONDUCTOR .r.r•. NEND4P0 C0.'PRKTm DO M GUY MILTI FILE DOWN GUYS SPAN GUY FUSN BNACB STREET LIGHT STREET LIGHT NIT. POLE X LINE CROSSING (PROFILE) - SEE 0300.IBM FIGURE 5 FOR DISTRIBUTION SYMBOL LEGEND COUNCIL MEETING DATE: March 15, 2022 ITEM #: 5 C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LAWSON CONTRACTING, DBA WRIGHT ROOFING, LLC RETAINAGE RELEASE POLICY QUESTION: Should the City Council accept the installation of the roofs on the Saghalie Restroom Buildings and Steel Lake Annex as complete and authorize staff to release the retainage? COMMITTEE: PRHSPS MEETING DATE: March 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks Deputy Director DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the installation of the roofs at Saghalie Restroom Buildings and Steel Lake Annex as complete and release $7,087.00 to Lawson Contracting, dba Wright Roofing LLC. 2. Do not approve the installation of the roofs at Saghalie Restroom Buildings and Steel Lake Annex as complete and the release of $7,087.00 to Lawson Contracting, dba Wright Roofing LLC, and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: cj [RECTOR APPROVAL: .2.z Come tittee Co cil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward acceptance of the roof installations at Saghalie Restroom Buildings and Steel Lake Annex as complete and authorize release of the $7, 087.00 retainage to the March 15, 2022, consent agenda for approval. " (- ON 4 d Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the installation of the roofs at Saghalie Restroom Buildings (�hd Steel Lake Annex Barn as complete and authorize release of the $7, 087. 00 retainage. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — I M019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 16, 2022 TO: City Council Members VIA: Mayor Jim Ferrell Brian Davis, Interim City Administrator FROM: Jason Gerwen, Parks Deputy Director SUBJECT: AG 21-157 Retainage Release Financial Impacts: The remaining cost of $7,087.00 to the City for retainage release on the new roofs installed on the Saghalie Restroom Buildings and Steel Lake Annex was included within the approved budget under the Parks Department, 001-7100-331-576-80-480. In accordance with the approved budget, this item is funded by General Fund. Background Information: The City solicited bids for the removal and replacement of the roofs on the Saghalie Restroom Buildings and Steel Lake Annex in 2021. Lawson Contracting, dba Wright Roofing LLC, was the lowest responsive bidder in the amount of $155,139.82. During the roof replacement, plywood damage was found. Staff authorized a change order for the repairs in the amount of $915.92, bringing the final contract total to $156,055.75. Prior to the release of Retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Rev. 7/18 ... .... .... . .. ... 5d COUNCIL MEETING DATE: March 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2021 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) POLICY QUESTION: Should the City Council approve the 2021 Program Year Consolidated Annual Performance and Evaluation Report (CAPER)? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: March 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Brid eg ford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2.2021 Consolidated Annual Performance and Evaluation Report Options Considered: 1. Approve the proposed 2021 Consolidated Annual Performance and Evaluation Report. 2. Do not approve proposed 2021 Consolidated Annual Performance and Evaluation Report and provide direction to staff. MAYOR'S RE4'07UNII,T}f6 TION: Option 1. MAYOR APPROVAL: ;-,)— { �x -2- DIRECTOR APPROVAL: 2s(�Z'� Ca mi re Co ci initiobtaacc Initial/Date tnili}o"rI ie COMMITTEE RECOMMENDATION: I move to forward the proposed 2021 Consolidated Annual Performance and Evaluation Report to the March 15, 2022, consent agenda for approval. IN 4"Se Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2021 Consolidated Annual Performance &d Evaluation Report. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 28, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager Phon Sivongxay, CDBG/Human Services Coordinator SUBJECT: 2021 Consolidated Annual Performance and Evaluation Report Financial Impacts: There is no cost to the City associated with the submittal of the 2021 Consolidated Annual Performance and Evaluation Report. Background Information: The purpose of the Consolidated Annual Performance and Evaluation Report (CAPER) is to inform the U.S. Department of Housing and Urban Development (HUD) and the City of Federal Way community of the activities and accomplishments resulting from the investment of Community Development Block Grant (CDBG) funds and other resources. The CAPER is required for each year of the Consolidated Plan program period, which currently covers program years 2020-2024. The 2021 CAPER is for the second program year and covers the period from January 1, 2021 to December 31, 2021. In 2021, HUD allocated $779,935 in CDBG funds to the City. Additionally, COVID response funds (CDBG-CV) continued to be expended and were used to prevent, prepare for, and respond to coronavirus by providing services to low- and moderate -income persons. $536,000 in general fund dollars were used in conjunction with CDBG funds to provide a wide range of human services. The Human Services Commission considered the 2021 CAPER and voted to recommend its approval at its regular meeting on Monday, February 28, 2022. In 2021, the City expended $1,296,482.06 in CDBG funds. The City accomplished many of its goals in the 2021 program year with CDBG funded activities providing public services and economic development activities to 1,185 Federal Way residents. Services included life skills training for persons with disabilities, four employment and training programs, transitional housing, and homelessness prevention. The City deployed COVID-19 response funds to adapt homeless services during the pandemic and to provide school -aged child care, eviction prevention, homeless services, and technical assistance to microenterprise. Rev. 7/1 S The following are among the CDBG-funded projects accomplished in 2021: • The City operated Housing Repair Program completed four home repairs with four additional projects that began the process in 2021 and will finish in 2022; ■ The Inclusion Program provided services to 235 individuals with disabilities; • Four employment and education programs offered by Apprenticeship for Nontraditional Employment for Women, the Multi -Service Center, Orion, and Partner in Employment provided services to 33 Federal Way residents; • 92 residents received transitional housing with FUSION. • Highline College provided technical assistance to 42 established businesses and startups; • Catholic Community Services (CCS) expanded Day Center hours serving 234 people experiencing homelessness from Federal Way; • CCS operated Reach Out with 24/7 staffing in a non -congregate setting, serving 71 Federal Way residents; and • The Boys and Girls Clubs adapted to add remote learning via a day time child care and school support program for low- and moderate -income families. The program served 92 low- and moderate -income Federal Way youth. Rev. 7/18 4ik CITY OF Federal Way Consolidated Annual Performance and Evaluation Report (CAPER) PROGRAM YEAR 2021 SECOND PROGRAM YEAR OF THE 2020-2024 CONSOLIDATED PLAN For more information on the CAPER, contact: Si necesita esta informacion en espanol, (lame al: Sarah Bridgeford Community Services Manager (253) 835-2650 Sarah.Bridgeford@citygffederalway,.com Phon Sivongxay CDBG/Human Services Coordinator (253) 835-2651 Phon.Sivongxay@cityoffederalway.com City of Federal Way Community Development Department Community Services Division 33325 8th Avenue South Federal Way, Washington 98003 www.citvoffederalway.com CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The purpose of the Consolidated Annual Performance and Evaluation Report (CAPER) is to inform the U.S. Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments resulting from the investment of Community Development Block Grant (CDBG) and other resources for the the period of January 1, 2021 to December 31, 2021. In 2021, HUD allocated $779,935 in CDBG funds to the City. Additionally, of the CDBG-CV funds available, a total of $519,951.49 in CDBG-CV funding was expended in 2021 leaving a remaining balance of $356,230.47 in COVID response funds. CDBG-CV funds are used to prevent, prepare for, and respond to coronavirus by providing services to low- and moderate -income persons. $536,000 in general funds were used in conjunction with CDBG to provide a wide range of human services. The City successfully executed the activities outlined in the CAPER. The City accomplished many of its goals in the 2021 program year with CDBG funded activities providing public services and economic development activities to 1,185 Federal Way residents. Services included life skills training for persons with disabilities, four employment and training programs, and homelessness prevention. The City deployed COVID-19 response funds to adapt homeless services during the continutation of the pandemic, and to provide school -aged child care. The COVID-19 response projects included: • Catholic Community Services (CCS) expanded Day Center hours for 234 people experiencing homelessness as included in the table above under Prevent and Address Homelessness, Public services. • CCS operated Reach Out with 24/7 staffing in a non -congregate setting, serving 71 residents reflected in the table above under Prevent and Address Homelessness, Public services. • The Boys and Girls Clubs adapted to add remote learning via a day time child care and school support program for low- and moderate - income families. The program served 92 low- and moderate -income Federal Way youth in 2021 and is included in the table above under Establish and Maintain Suitable Living Environment, Public services. COVID-19 response will continue in 2022 with programs addressing homelessness and childcare as well as business recovery, household financial recovery, and homelessness prevention. With funds allocated by the American Rescuse Plan Act (ARPA), the City has hired a Coordinator to oversee the management of funds deployed to programs assiting with the more long-term impact of COVID-19. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) Some projects didn't meet performance targets, but still provided critical services to achieve the goals set in the Consolidated Plan and Annual Action Plan. Despite the efforts to reopen with precautions, COVID-19 variants and the staffing difficulty agencies faced impacted programs. Highline's StartZone, serving residents in the former Neighborhood Revitalization Strategy Area in North Federal Way, and its citywide Economic Development Program, served low- and moderate -income microenterprise businesses and startups. There was a surge of new startups with work focused on State and City licenses/permits, business plans, getting a loan, and understanding commercial leasing. Due to the staffing crisis and what is called the "Great Resignation," no new jobs were created as a result of the funded projects in 2021. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee's program year goals. Goal Category Source / Indicator Unit of Expected Actual — Percent Expected Actual — Percent Amount Measure — Strategic Complete — Program Complete Strategic Plan Program Year Plan Year Establish and CDBG: $ Non -Housing Public service activities Maintain Persons Community other than Low/Moderate 1500 1058 417 641 Suitable Living General Assisted 70.53% 153.72% Development Income Housing Benefit Environment Fund: $ Establish and CDBG: $ Non -Housing Housing Code Household Maintain / Community Enforcement/Foreclosed Housing 250 38 0 0 Suitable Living General 15.20% Environment Development Fund: $ property Care Unit Expand Non -Housing Economic Community CDBG: $ Jobs created/retained Jobs 60 0 0.00% Opportunities Development Expand Non -Housing Economic Community CDBG: $ Businesses assisted Businesses 42 92 42 42 Assisted 219.05% 100.00% Opportunities Development CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) Preserve Household Affordable Affordable CDBG: $ Rental units rehabilitated Housing 50 86 Housing 172.00% Housing Unit Preserve Household Affordable Homeowner Housing Affordable CDBG: $ Housing 40 6 Housing Rehabilitated 15.00% Housing Unit CDBG: $ Public Facility or Prevent and Infrastructure Activities Persons Address Homeless 100 0 General other than Low/Moderate Assisted 0.00% Homelessness Fund: $ Income Housing Benefit CDBG: $Public Prevent and service activities / Persons Address Homeless other than Low/Moderate 0 765 91 234 General Assisted 257.14% Homelessness Income Housing Benefit Fund: $ CDBG: $ Prevent and / Homeless Person Persons Address Homeless 0 263 0 163 General Overnight Shelter Assisted Homelessness Fund: $ CDBG: $ Prevent and / Persons Address Homeless Homelessness Prevention 200 97 General Assisted 48.50% Homelessness Fund: $ Table 1- Accomplishments — Program Year & Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City identified economic development, affordbale housing, and homelessness as three highest priority goals, along with creating suitable CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) living environments which generally include a wide array of public services. During the COVID-19 pandemic, economic development and housing stability presented the largest challenges. The investment in housing repair continues as an important tool to retain affordable homeownership, keeping people in their homes, and helping homeowners retain the asset. Homelessness continues to be a priority for the City with the intent of considering capital projects in the 2020-2024 Consolidated Plan period. In 2021, the City ran a competitive application process that awarded a combined $305,000 to programs providing transitional housing for individuals experiencing homelessness and technical assistance to 50 microenterprise business owners, which will start in 2022. COVID-19 has created a situation where housing instability has increased with households being unable to pay full rent and accuring debt throughout the pandemic. The City continued to priorize rent assistance projects in 2021 and will continue to provide assistance in 2022 to address housing stability, through an additional $224,366 in CDBG-CV CARES funds. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 4 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 531 Black or African American 353 Asian 56 American Indian or American Native 7 Native Hawaiian or Other Pacific Islander 57 Total 1,004 Hispanic 111 Not Hispanic 1,074 Table 2—Table of assistance to racial and ethnic populations by source of funds Narrative During the program year, CDBG funds assisted 1185 persons. The racial categories listed above do not include all of the racial categories that are tracked by subrecipients in compliance with the racial categories that HUD requires programs to track. For example, programs track Other/Multi-racial, Black/African American AND White, etc. The narrative provides more complete data as reported into the CDBG data and reporting system for any population representing more than 1% of the people served with CDBG funds in 2021. The demographic breakdown for projects measured by people is: • 531 or 44.8% of people served were White compared with 51.5% of the City's population; m 353 or 29.8% of people served were Black or African American compared with 14.7% of the City's population; • 56 or 4.7% of people served were Asian compared with 12.7% of the City's population; • 7 or .6 % of people served were American Indian/Alaskan Native compared with 0.9% of the City's population; a 57 or 4.8% of people served were Native Hawaiian or Other Pacific Islander compared with 2.6% of the City's population; and a 181 or 15.3% of people served were multi -racial compared with 8.3% of the City's population. • 111 of the persons served identified as Hispanic representing 9.4% of the population served with CDBG funds compared with 18.7% of the City's population. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identifv the resources made available Source of Funds CDBG Source public - federal Resources Made Available Amount Expended I During Program Year 1,656,117 ' 1,072,382 General Fund public - local 536,000 536,000 Table 3 - Resources Made Available Narrative The City expended about 65% of its available CDBG resources during the second program year of the consolidated plan (2021). The resources made available included prior year entitlement funds, current year entitlement funds, COVID-19 response funds (CDBG-CV), and program income. The City received the following program income during the program year:. e Entitlement funds: $779,935 in 2021 funds • CDBG-CV funds: $519,951.49 were expended in 2021 with $356,230.47 City CDBG-CV funds remaining and $224,366 State CDBG-CV funds becoming available in early 2022 • Program income: $10,807.91 Identify the geographic distribution and location of investments Target Area Planned Actual Narrative Description Percentage of Percentage of Allocation -Allocation COVID response funds meant it was a lower North Federal than expected, but same % of annual allocation Way 4 2 expected. Table 4 — Identify the geographic distribution and location of investments Narrative Most of the City's CDBG funding during the 2021 Program Year was Citywide except for the following: • Highline's StartZone Program, which served residents from the target area in North Federal Way, the former Neighborhood Revitalization Strategy Area. This funding was targeted to business startups and workshops were delivered in Spanish with technical assistance provided in a number of languages. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 6 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate -income, and middle -income persons served. One -Year Goal Actual _ 397 Number of Homeless households to be provided affordable housing units 31 Number of Non -Homeless households to be provided affordable housing units 0 0 Number of Special -Needs households to be provided affordable housing units 0 31 0 397 Total Table 5 — Number of Households One -Year Goal Actual Number of households supported through Rental Assistance 195 374 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 0 0 Number of households supported through Acquisition of Existing Units 0 0 374 Total 195 Table 6 — Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City has not met housing repair targets for theConsolidated Plan to date. COVID-19 impacted the program oth in homeowners accessing the program and contractors being available to complete work. Housing Repair was not funded in Program Year 2021 as the program continued from 2019 amd 2020. In 2021, four homeowners had repairs completed with four in progress that will complete in 2022. The City anticipates meeting the goals set in the 2020-2024 Consolidated Plan. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) Discuss how these outcomes will impact future annual action plans. As Housing Repair is capital and the program may continue to operate, there is no antiicipated impact on future annual action plans. Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 593 0 Low-income 522 0 Moderate -income 42 0 Total 1,157 0 Table 7 — Number of Households Served Narrative Information 100% of funds are used to support low- and moderate -income households. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) E-3 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City partnered with Catholic Community Services to utilize CDBG-CV funds to adjust services to prevent and respond to COVID-19. These services included expanded Day Center hours to address lower capacity requirements due to social distancing and the closures of businesses and nonprofits that people experiencing homelessness frequent. It is one of the services that assesses individuals needs and assists in moving people to shelter and housing. The City invested $39,000 in outreach to persons experiencing homelessness through the City's Human Services General Fund (HSGF) supported projects. These projects included street outreach by mental health professionals and a community day center. Through these two services, 254 individuals from Federal Way received services. In addition, the City partners with currently unfunded outreach teams from two additional agencies to work with individuals to connect them to services. The City funds and supports Crisis Connection's 2-1-1, which provides critical information and referral services, many of which are related to homelessness. While many residents call 2-1-1 directly, City staff also provide information on resources by telephone and in person when individuals request services. Staff talk with residents to assess their needs and make appropriate referrals to local nonprofits. Addressing the emergency shelter and transitional housing needs of homeless persons The CDBG-CV funds continued support of the transition of the local shelter to a non -congregate model and moved it from six -months to year round during the pandemic to safely operate based on CDC and the Department of Health guidelines. The City annually provides general funds to support a variety of human services programs. During the Program Year, the City expended $91,000 in general funds to programs providing shelter and transitional housing. The programs funded included Catholic Community Services Reach Out, Multi - Service Center Shelter and Transitional Housing, DAWN's housing program for domestic violence, Mary's Place to help families experiencing homelessness avoid entering the shelter system by accessing housing, and FUSION's family shelter. CDBG funds supported FUSION's transitional housing and Reach Out. Additionally, the City coordinated and planned a severe weather shelter in partnership with Catholic Community Services and FUSION to provide shelter during two inclement weather events in 2021 providing critical safety to people living unsheltered in Federal Way. In general, services do not have the capacity to meet the need. Helping low-income individuals and families avoid becoming homeless, especially extremely CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City invested Human Services General Fund (HSGF) grants in four programs dedicated to providing financial assistance to help stabilize individuals and families and prevent them from becoming homeless. With $71,000, the four programs served 345 households with 1,009 individuals. Additionally, $249,576 of CDBG-CV Public Services funding was used by the Multi -Service Center and Catholic Comunity Services to stabilize households comprised of 374 individuals with rental assistance. While not as direct as rental and utility assistance, many programs funded by HSGF provide other types of services that can offset costs and increase stability for residents. These programs include childcare, afterschool programs, employment and education programs for youth and adults, counseling, legal assistance, food assistance, and many others. These services provide a critical safety net addressing the many and unique needs experienced across the community. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again All of the aforementioned shelter services, day center services, transitional housing, and outreach services work closely with persons experiencing homelessness with the goal of helping individuals transition to permanent housing. The street outreach programs, day center services, and single adult shelters encounter many chronically homeless persons and strive to build relationships and trust with the individuals to facilitate service access. Services include, but are not limited to,case management, goal setting, moving to permanent housing, access to services such as counseling, substance abuse treatment, and referrals to address many other needs. The City funds a variety of services designed to work with different types of households experiencing homelessness including young mothers, individuals, and families. While rent assistance providers do not report on the number of households assisted that were previously homeless, their services are critical in preventing homelessness and likely reach at least some people who previously experienced homelessness. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 10 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City is within the jurisdiction of the King County Housing Authority (KCHA). KCHA owns three public housing developments, one subsidized housing property, and two moderate -income apartment complexes, one of which was newly acquired in 2019. The City worked collaboratively to address the needs of public housing by advocating for and investing in affordable housing stock, providing supportive services to prevent homelessness (reducing the number of people who need to seek other housing options such as public housing), and staffing a number of committees that directed funds to organizations managing affordable housing stock. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership King County Housing Authority (KCHA) actively works to increase resident involvement through a number of mechanisms to collect feedback and develop opportunities for residents. As a highly functioning entity that is separate from cities, KCHA does require or need city involvement to increase resident engagement. The City is not in a position to directly impact resident engagement, but does seek partnership with KCHA to seek resident involvement on City projects. Actions taken to provide assistance to troubled PHAs King County Housing Authority (KCHA) is a high performing public housing authority (PHA) and not considered a troubled PHA. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 11 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In October 2021, the City Council approved the Housing Action Plan (HAP) for Federal Way. This plan provides a strategic road map for actions the city can take to encourage housing production, greater housing diversity, and expand housing choices for residents of all income levels. The HAP includes an assessment of housing needs, community and stakeholder engagement, and housing policy and code review used to inform objectives and implementing strategies to address housing needs. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) City staff have worked to support smaller, community based organizations with additional focus on organizations led by people of color. Additionally staff has engaged in the Governing for Racial Equity and Inclusion (GREI) and the quarterly regional consultation with refugee resettlement agencies. The focus of the groups ranges from direct services to policy level work and education. During the Program Year, the City utilized CDBG to fund two public services programs that meet the needs of underserved communities: ■ Inclusion Program received $30,000 to provide 120 persons with disabilities scholarships to take multiple life skills classes that prepare them to live independently; • Employment Services Program offered by Orion received $11,000 to assist three persons with disabilities with job readiness and placement assistance, of whom two were placed in jobs by the end of the year. The City Council approved a fulltime Diversity, Equity, and Inclusion Analyst to serve as a subject matter expert on Title VI/VIII, diversity, equity and inclusion, and community outreach. The Analyst will also work cross -functionally to perform highly responsible, complex, professional, administrative, and technical work and may work with community groups, elected officials, and commissions and/or committees on DEI-related efforts. Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j) All housing rehabilitation projects complied with the lead -based paint requirements. As appropriate, City staff provided information concerning lead hazards to our project beneficiaries. We require subrecipients working on housing related capital projects comply with lead -based paint requirements and provide information to all tenants and homeowners impacted by their projects. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 12 Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) As part of the City's COVID-19 response planning, a two-year financial counseling program was funded, with the program beginning thie Program Year. The program focuses on the financial stability and growth of low- to moderate -income households by providing services assisting in improved credit, reduction in debt, and asset building. Additionally, the program staff will refer households to other services that may including employment and education intended to help households increase income. The City also provided $44,000 in CDBG funds for four public services programs that provide employment assistance and educational programs, an increase in both funding and funded programs from the prior Program Year. The programs all met performance targets providing increased opportunity to residents to improve income via training and employment services. Highline College's two programs collectively received $60,000 in CDBG funds to assist clients with technical assistance to support existing businesses and startups. Highline's programs included a citywide program and one specifically provided to residents of the North Federal Way area, the former Neighborhood Revitalization Strategy Area (NRSA). The programs did provide services designed to increase business stability and growth and the tools provided will hopefully support economic recovery and future growth of microenterprises. Actions taken to develop institutional structure. 91.220(k); 91.320(j) While the City continues to develop internal infrastructure and ways to support the local community based organization infrastructure, the regional efforts are instrumental in addressing two of the largest needs in the community, which are housing and homelessness. The City participated in the South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee through staff membership on the Housing Interjuridictional Team, and sub -regional conversations to address homelessness by addressing gaps in services in South King County. The development of the Regional Homelessness Authority will also impact regional and local structures and the City will look for ways to work within that structure while continuing to address local needs. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City is an active participant in the South County Human Services Planners (SKCHS) group. SKCHS is comprised of local planners, social service agencies, human services organizations, and public housing authority staff. The purpose of the group is to coordinate efforts to ensure relevant and culturally appropriate human services are made available to those most in need within the region. The City staff will continue involvement with the SKCHS to improve the coordination between public and private housing and social service agencies. The City coordinates housing services through its investment, communication, and networking with funded and non -funded organizations. City staff sit on a number of committees to address affordable CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 13 housing and coordinate, promote, and develop services for people experiencing homelessness. These efforts include the staff workgroup for the Affordable Housing Committee and the South King Housing and Homelessness Partners. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City engaged a third -party consultant in 2020 for the development of a Housing Action Plan (HAP) which includes a needs assessment, zoning and code review, and housing strategies. The work concluded in 2021 and informed the Comprehensive Plan update including the housing element. While the focus of the HAP is broader than the scope of the Al or the City's CDBG program, many of the Al goals are addressed throughout the development of the HAP. Community Services staff have participated in the project with the Planning Division as lead. The HAP process has included discussions on housing stability, community engagement, affordable housing preservation and development, and a zoning and code review to increase housing supply. The adoped HAP's housing objectives are listed below: • Promote new market -rate and affordable housing construction that expands housing choices and is inclusive to community needs. • Encourage homeownership opportunities and support equitable housing outcomes. • Plan for forecasted growth and ensure the built environment promotes community development and increases the quality of life for Federal Way's existing and future residents. • Preserve existing affordable housing stock to reduce displacement pressure. The HAP's adopted strategies that overlap the Al goals are listed below: • Ensure that financial and regulatory incentives for mixed -income housing are effective. • Review school impact fees on multifamily housing. • Coordinate affordable housing development and preservation with nonprofit developers, community groups, and the South King Housing and Homelessness Partners (SKHHP). • Protect tenants and support pathways to homeownership. Additionally, the addition of the full-time Diversity, Equity, and Inclusion Analyst will offer dedicated time to Title VIII and housing including more direct implementation of adopted strategies in the Analysis of Impediments. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 14 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements During the Program Year, all CDBG-CV Public Services programs and capital and economic development programs received virtual montioring due to the continued impact of COVID-19. There were no concerns identified in material review. Ongoing monitoring of all CDBG projects and activities was conducted on a frequent basis throughout the Program Year. The Public Services activities were monitored in terms of outcomes, goals, and supporting documentation. Reports were reviewed to ensure that contract targets were being met, demographic information was being collected, and expenditures were reviewed. One project did submit an invoice and report, but did not have supporting documentation. The organization is aware of the requirements, but had staff change over. While the City could not reimburse for the services, the organization and city are working together to ensure compliance in the future and have systems in place for situations such as staff changes. The adaptation of a virtual monitoring allowed the opportunity for agencies to strengthen their security measures, specificially in the collection of client files. The remote monitoring of invoices submitted for payment and quarterly reports did not reveal any instances of non- compliance. The City monitored every project that was part of the City implemented Housing Repair Program. Every project file was thoroughly examined. Individual project sites were visited at the scope development phase and during various phases of construction. As part of ongoing monitoring activities, the City has developed a technical assistance plan for existing subrecipients and new subrecipients for the 2022 Program Year. Technical assistance will be designed to ensure ongoing compliance and review of CDBG requirements. As mentioned above, one project did not maintain required records, but has the knowledge, experience, and dedication to effectively implement a federally funded project and be in compliance with regulations. Staff will continue to work with them and collect supporting documentation to ensure compliance and that residents have access to needed service. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 15 The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record. Citizen comments and suggestions are being encouraged regarding development of the Program Year CAPER during the public comment period that began February 22, 2022 and ends March 15, 2022. Citizen comments areencouraged for submission via telephone, letters, email, and mail. Notice of the draft CAPER was emailed to many agencies and community partners. A public hearing regarding the CAPER will be held at the February 28, 2022 Human Services Commission. The CAPER was posted on the City's website at www.cityoffederalway.com during the public comment period. Hard copies of the CAPER will be made available upon request. CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City had identified over $450,000 to support capital costs for shelter in 2021. While a shelter project did move forward, due to unforeseen circumstances, it moved too quickly to complete the federal requirements for relocation and funds could not be used. This created a significant change to expenditures and accomplishments not occuring. The City of Federal Way will use a competitive process to reallocate funds within the City's adopted Consolidated Plan strategies and will amend the 2021 Annual Action Plan to reallocate those funds. Additionally, one public service project with El Centro de la Raza had staff changes that led to inadequate supporting doucmentation and records. El Centro de la Raza is a great partner and well versed in federal regulations, but could not assemble the required documentation to show compliance with regulations. They have put systems in place already to prevent any future concerns and staff will continue monitoring and technical assistance. The $20,000 for the 2021 project will be reallocated with shelter funding. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? M [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) M CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City had identified over $450,000 to support capital costs for shelter in 2021. While a shelter project did move forward, due to unforeseen circumstances, it moved too quickly to complete the federal requirements for relocation and funds could not be used. This created a significant change to expenditures and accomplishments not occuring. The City of Federal Way will use a competitive process to reallocate funds within the City's adopted Consolidated Plan strategies and will amend the 2021 Annual Action Plan to reallocate those funds. Additionally, one public service project with El Centro de la Raza had staff changes that led to inadequate supporting doucmentation and records. El Centro de la Raza is a great partner and well versed in federal regulations, but could not assemble the required documentation to show compliance with regulations. They have put systems in place already to prevent any future concerns and staff will continue monitoring and technical assistance. The $20,000 for the 2021 project will be reallocated with shelter funding. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 17 Program Year 2021 FEDERAL WAY, WA PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 664,077.21 02 ENTITLEMENT GRANT 779,935.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECTION 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENT YEAR PROGRAM INCOME 10,807.91 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00 06 FUNDS RETURNED TO THE LINE -OF -CREDIT 0.00 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 08 TOTAL AVAILABLE (SUM, LINES 01-07) 1,454,820.12 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 451,954.19 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 0.00 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 451,954.19 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 100,476.34 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 0.00 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 552,430.53 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) 902,389.59 PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 451,954.19 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 451,954.19 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) 100.00% LOW/MOD BENEFIT FOR MULTI -YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY)COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) 0.001% PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 336,569.61 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS (242,569.61) 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 94,000.00 32 ENTITLEMENT GRANT 779,935.00 33 PRIOR YEAR PROGRAM INCOME 28,271.43 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 808,206.43 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) 11.63% PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 100,476.34 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 100,476.34 42 ENTITLEMENT GRANT 779,935.00 43 CURRENT YEAR PROGRAM INCOME 10,807.91 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42.44) 790,742.91 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) 12.71% U��." II S.ifepW#tlSVC6rftSingan Uftn t TIM t6:47 Integrated Disbursement and Incarnation System PAGE: Ilill`il PR26 - CDBG Financial Summary Report Program Year 2021 FEDERAL WAY, WA LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan IDIS IDIS Voucher Activity Name Matrix National Year Project Activity Number Code Objective Drawn Amount 2021 18 226 6547981 Federal Way Community Center Inclusion Program 05B LMC $30,000.00 05B Matrix Code $30,000.00 2021 5 221 6589936 MSC Youth Employment and Education Services 05H LMC $14,000.00 2021 6 231 6589939 Orion Employment Services 05H LMC $11,000.00 2021 7 218 6589918 Pre -Apprenticeship Construction Training and Supportive Services 05H LMC $9,000.00 2021 10 223 6589940 PIE -Employment and Training 05H LMC $10,000.00 05H Matrix Code $44,000.00 2020 17 217 6557372 MSC COVID Rent Assistance 05Q LMC $162,977.74 2020 17 217 6589938 MSC COVID Rent Assistance 05Q LMC $62,888.18 2020 19 227 6589926 CCS Emergency Assistance 05Q LMC $16,703.69 OSQ Matrix Cade $242,569.61 2021 9 220 6589927 Transitional Housing 05Z LMC $20,000.00 052 Matrix Code $20,000.00 2019 1 191 6548013 Housing Repair Program 14A LMH $43,285.51 2019 1 191 6596046 Housing Repair Program 14A LMH $8,173.23 2020 3 203 6596051 Housing Repair Program 14A LMH $24,849.84 14A Matrix Code $76,308.58 2021 11 225 6589934 StartZone (NRSA) 18C LMC $19,812.93 2021 12 224 6589932 Economic Development Programs 18C LMC $19,263.07 18C Matrix Code $39,076.00 Total $451,954.19 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Activity to prevent, Plan IDIS IDIS Voucher prepare for. Activity Name Grant Number Fund Matrix National Year Project Activity Number and respond Type Code Objective to Coronavirus Drawn Amount 2021 18 226 6547981 No Federal Way Community Center Inclusion Program B21 MC530015 EN 05B LMC $30,000.00 056 Matrix Code $30,000.00. 2021 5 221 6589936 No MSC Youth Employment and Education Services B21 MC530015 EN 05H LMC $14,000 00 2021 6 231 6589939 No Orion Employment Services B21 MC530015 EN 05H LMC $11,000-00 2021 7 218 6589918 No Pre -Apprenticeship Construction Training and Supportive Services B21 MC530015 EN 05H LMC $9,000.00 2021 10 223 6589940 No PIE -Employment and Training B21 MC530015 EN 05H LMC $10.000 00 O5H Matrix Code $44,000.00 2020 17 217 6557372 Yes MSC COVID Rent Assistance B19MC530015 EN 05Q LMC $162,977 74 2020 17 217 6589938 Yes MSC COVID Rent Assistance B19MC530015 EN 05Q LMC $62,888-18 2020 19 227 6589926 Yes CCS Emergency Assistance B19MC530015 EN 05Q LMC $16,703 69 OSQ Matmr Code $242,569.61 2021 9 220 6589927 No Transitional Housing B21 MC530015 EN 05Z LMC $20,000.00 05Z Matrix Code $20,000.00 No Activity to prevent, prepare for, and respond to Coronavirus $94,000.00 Yes Activity to prevent, prepare for, and respond to Coronavirus $242,569.61 Total $336,569.61 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan IDIS IDIS Voucher Activity Name Matrix National Year Project Activity Number Code Objective Drawn Amount 2021 1 228 6548010 Program Administration 21A $69,9%64 2021 1 228 6589941 Program Administration 21A $30,556-70 21A Matrix Code $100,476.34 Total $100,476.34 Office of Community Planning and.Development DATE: 02-23-22 U.S. Department of Housing and Urban Development TIME: 16:22 Integrated Disbursement and Information System PAGE: 1 I�IIII�� PR7.6 - CDBG-CV Financial Summary Report FEDERAL WAY, WA PART I: SUMMARY OF CDBG-CV RESOURCES 01 CDBG-CV GRANT 1,100,282.00 02 FUNDS RETURNED TO THE LINE -OF -CREDIT 0.00 03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 04 TOTAL AVAILABLE (SUM, LINES 01-03) 1,100,282.00 PART II: SUMMARY OF CDBG-CV EXPENDITURES 05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 744,051.53 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 0.00 07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00 08 TOTAL EXPENDITURES (SUM, LINES 05 - 07) 744,051.53 09 UNEXPENDED BALANCE (LINE 04 - LINE8 ) 356,230.47 PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT 10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 11 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 744,051.53 13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12) 744,051.53 14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05) 744,051.53 15 PERCENT LOW/MOD CREDIT (LINE 131INE 14) 100.00% PART IV: PUBLIC SERVICE (PS) CALCULATIONS 16 DISBURSED IN IDIS FOR PUBLIC SERVICES 706,551.53 17 CDBG-CV GRANT 1,100,282.00 18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) 64.22% PART V: PLANNING AND ADMINISTRATION (PA) CAP 19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 0.00 20 CDBG-CV GRANT 1,100,282.00 21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20) 0.00% i— Office of Community Planning and Devulapment DATE! 02.23.22 U.S. Department of. Housma and Urban Development TIME: 16:22 * I I integrated Disbursement and Information System PAGE: Iljl�� PR26 - CDBG-CV Financial Summary Report FEDERAL WAY, WA ®4N Devve LINE 30 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 Report returned no data. LINE it DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 Report returned no data. LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2020 14 206 6455275 COVID 19 RESPONSE 05L LMC $43,407.00 15 205 6455281 Expanded Day Center 05Z LMC $124,693.04 16 204 6455282 REACH Out 05Z LMC $56,000.00 17 217 6548028 MSC COVID Rent Assistance 05Q LMC $126,344.93 18 216 6589930 Business Development COVID Response 18C LMC $37,500.00 19 227 6548008 CCS Emergency Assistance 05Q LMC $59,450.31 6589926 CCS Emergency Assistance 05Q LMC $63,781.00 2021 14 214 6589942 Back On Track COVID Response Financial Counseling 05Z LMC $42,102.83 15 211 6589919 Expanded Day Center 05Z LMC $89,300.00 16 212 6589921 REACH Out 05Z LMC $63,799.22 17 215 6547991 COVID - 19 RESPONSE 05L LMC $37,673.20 Total $744,051.53 LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS Voucher Activity Name Matrix National Activity Number Code Objective Drawn Amount 2020 14 206 6455275 COVID 19 RESPONSE 05L LMC $43,407.00 15 205 6455281 Expanded Day Center 05Z LMC $124,693.04 16 204 6455282 REACH Out 05Z LMC $56,000.00 17 217 6548028 MSC COVID Rent Assistance 05Q LMC $126,344.93 19 227 6548008 CCS Emergency Assistance 050 LMC $59,450.31 6589926 CCS Emergency Assistance 05Q LMC $63,781.00 2021 14 214 6589942 Back On Track COVID Response Financial Counseling 05Z LMC $42,102.83 15 211 6589919 Expanded Day Center 05Z LMC $89,300.00 16 212 6589921 REACH Out 05Z LMC $63,799.22 17 215 6547991 COVID - 19 RESPONSE 05L LMC $37,673.20 Total LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Report returned no data. $706,551.53 COUNCIL MEETING DATE: March 15, 2022 ITEM #: 5e- . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SYSTEMS FOR PUBLIC SAFETY AGREEMENT — AMENDMENT 2 POLICY QUESTION: Should the Mayor approve Amendment 2 for the Systems for Public Safety Agreement to increase the compensation from $900,000 to $2,100,000 in order to cover the remaining upfitting expenses for scheduled Replacement Reserve vehicles and the 28 recently approved police vehicles for the term of the agreement (9/9/2023). COMMITTEE: PRHS&PS Committee MEETING DATE: March 8, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Commander DEPT: Police Attachments: 1. Staff Report 2. Systems for Public Safety Agreement — Amendment 2 Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECO TION: Option 1. MAYOR APPROVAL: -1Aj DIRECTOR APPROVAL: 111171iite ALLnC CT` � 1nai;d,Dltc nitiallDa a Initial( Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the March 15, 2022, consent agenda for approval. " —Cimmittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execitte said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kurt Schwan, Police Commander SUBJECT: Systems for Public Safety `Goods and Services' Agreement — Compensation increase Financial Impacts: This item was not included within the approved budget for the Systems for Public Safety `Goods and Services' Agreement. As proposed, it will be funded by ARPA / General Funds. Upon completion of the agreement, the total compensation will have been increased from $1,200,000 to $2,100,000 (an increase of $900,000) due to the Council approved purchase of 28 new police vehicles and the ongoing costs associated with operations and maintenance of those and the replacement reserve vehicles scheduled for purchase during the remainder of the agreement, which end in September 2023. Background Information: Systems for Public Safety purchases, installs, maintains, and repairs police vehicle equipment to include, but not limited to, emergency lighting, push bumpers, power management systems, prisoner and canine containment systems, siren systems, and any other in -vehicle accessories required. The Federal Way PD has been utilizing the services of Systems for Public Safety since 2006. The materials, quality of workmanship, and services provided have been above reproach, thankfully so because they are also a sole source provider. The request for compensation increase is necessary in order to up -fit and equip the vehicles being purchased for the police fleet. The current agreement is set to expire September 9, 2023. Rev. 7/18 South ` CITY OF CITY HALL Federal y Feder l Avenue, WA8003 Federal Way, 1+VA 98003-6325 (253) 835-7000 my Lv. otyoffederaiwray_com AMENDMENT NO.2 TO GOODS AND SERVICES AGREEMENT FOR INSTALLATION AND REPAIR OF POLICE VEHICLE EMERGENCY EQUIPMENT This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Systems for Public Safety, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Installation and Repair of Police Vehicle Emergency Equipment ("Agreement") dated effective March 27, 2018, as amended by Amendment No. 1, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be'amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the previously Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT B-2 - 1 - CITY OF W Federalay CITY HALL 33325 8th Avenue SOUth Federal Way, WA 98003-6325 (253) 835-7000 t» riv. u(} otlederolway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: SYSTEMS FOR PUBLIC SAFETY, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT B-2 - 2 - CITY OF � Federal Way EXHIBIT B-2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 twr vcifyoffederohmay.com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed One Million Two Hundred Thousand and NO/100 Dollars ($1,200,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed-Two4V4-illion One I-Iundred Thousand and NO/100 Dollars ($2,100,000.00). 2. Method of Compensation: Parts supplied for installation shall not exceed 30% markup, nor exceed state contract pricing. Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: $90.00 per hour for troubleshooting, repair, and installation. At the service provider's option, the cost of labor shall increase up to 3% per annum. AMENDMENT B-2 - 3 - COUNCIL MEETING DATE: March 15, 2022 ITEM #: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT — PUYALLUP CITY JAIL POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department enter into a new agreement with the Puyallup City Jail? COMMITTEE: PRHS&PSC MEETING DATE: March 8, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CURTIS TUCKER, JAIL COORDINATOR DEPT: Police .......... .... Attachments: 1. Staff Report 2. Puyallup Jail Service Agreement Options Considered: 1. Approve the proposed agreement and authorize execution of the contract. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S ON: Option 1. MAYOR APPROVAL:�Cd nittee �-DIRECTOR APPROVAL: Initial/Date lnitia ate COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the March 15, 2022, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSER COUNCIL MOTION: `I move to approve the proposed agreement and authorize the Mayor to sign said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # Y ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Puyallup City Jail Financial Impacts: By changing our Puyallup contract from a guaranteed 3 bed to an "as -needed" bed rate, it will potentially save us $137,000 a year (2022 rate). Due to its location and prisoner restrictions, last year, we only used the facility 44 times. This savings would be put towards the SCORE contract for the additional beds. Background Information: In 2020, we separated from SCORE Jail as an Owner City because the financial burden became unsustainable. Puyallup City Jail was chosen as one of the replacement facilities with a 3 guaranteed bed contract. In the two years that we have used the facility, our booking patterns have indicated that it isn't being used enough to justify the number of beds that we are "pre -paying" for. Many reasons were identified to include; restrictions on prisoners that can be booked -due to mental illness/injury, the time spent booking due to their limited staffing, and requirement of picking up prisoners released during off hours of the transport units. In 2021, a contract was started with SCORE for 3 guaranteed beds. Given the increasing number of prisoners with mental health issues, we are relying on SCORE to accept them at initial booking, when the smaller jails would refuse. We are averaging 14 beds a day at SCORE, with half of them classified as Mental Health. We have proposed to increase the bed count at SCORE to 7 to better reflect our yearly booking average (8.1). Puyallup has agreed to keep a "zero bed" agreement in place to provide us an option if our current facilities get full once the courts have returned to full service. We would pay $158 per day (2022 rate). Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE CITY OF PUYALLUP, WASHINGTON AND CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE PUYALLUP CITY JAIL This agreement is between the City of Puyallup, a municipal corporation of the State of Washington (hereinafter "Puyallup") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way"). Recitals WHEREAS, RCW 39.34 and RCW 70.48, allows local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter agreements with each other for providing jail services; and WHEREAS, Federal Way wishes to designate the Puyallup Jail as a place of confinement for inmates from the City of Federal Way; and WHEREAS, in an effort to streamline administrative procedures and ensure that the daily rate of $158.28 to house inmates at Puyallup's jail is consistent with the current operating costs, it is necessary to enter into an updated interagency agreement; and WHEREAS, the governing bodies of each of the parties hereto have decided to enter into this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable considerations, the parties hereto agree as follows: Agreement 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the applicable laws and administrative rules and regulations of the State of Washington shall control. Any actions, suit, or judicial or administrative proceeding for the enforcement of this agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in Pierce County. 2. EFFECTIVE DATE This Agreement shall commence on and terminate one year form this date. The Agreement will be automatically renewed for successive one-year terms unless terminated by either party pursuant to section 3 of this Agreement. TERMINATION (a) By either pggy. This Agreement may be terminated at any time by written notice from either party to the other party delivered by regular mail to the contact person identified in §4, provided that termination shall become effective ninety (90) calendar days after receipt of such notice. Notice will be presumed received 3 working days after the notice is posted in the mail. Within said ninety (90) days, Federal Way agrees to remove its inmates(s) from the Puyallup Jail. (b) In the event of termination of this Agreement for any reason, Federal Way shall compensate Puyallup for inmates housed by the Puyallup Jail after notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, §24 Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Puyallup: Chief of Police Puyallup Police Department 311 W Pioneer Puyallup, WA 98371 Contact: 5. COMPENSATION a) Bed Rate. In consideration of Puyallup's commitment to house Federal Way inmates, Federal Way shall pay Puyallup one hundred fifty-eight dollars and 28/100 ($158.28) per day for each inmate housed. b) Administrative Booking Rate. Puyallup will authorize Federal Way Police Officers to transport misdemeanor level suspects to its jail for administrative booking. Administrative booking shall include booking suspects into the jail pursuant to Puyallup Jail policies and standard operating procedures and detaining those suspects until booking information, including fingerprints and photographs, are obtained. Following the booking process, suspects shall be transported by Federal Way Officers back to the City of Federal Way where they will be released. As compensation for the administrative booking services, Federal Way shall pay Puyallup sixty-two dollars ($62.00) for each administratively booked individual. Any other costs associated with the administrative booking process shall be the sole responsibility of the City of. Puyallup. c) Bed Rate and Administrative Booking Rate will be increased at a rate of 100% of the Seattle -Tacoma -Bellevue CPI-U first half index for the year prior with a minimum of 0% to a maximum of 2.25%. The rate increase will occur on January 1 of each year unless otherwise negotiated and agreed by the. parties. (For example, the 2022 Seattle -Tacoma -Bellevue CPI-U first half index will set the amount of the January 1, 2023 increase to Bed Rate and Administrative Booking Rate.). d) Billing and Pa meat. Puyallup agrees to provide Federal Way with an itemized bill listing all names of inmates who are administratively booked or housed, the number of days housed (including date of booking and date of releases), and the dollar amount due for each. Puyallup agrees to provide said bill by the last day of each following month. Federal Way agrees to make payment to Puyallup within 30 days of receipt of such bill for the amount billed for the previous calendar month. 6. SERVICES PROVIDED Puyallup agrees to provide jail services or administrative booking for gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults within Federal Way's jurisdiction. 7. Booking Inmates shall be booked pursuant Puyallup's booking policies and procedures. Inmates transported by Federal Way Officers that are not acceptable at booking, will be the responsibility of the Federal Way Officers to transport back to the City of Federal Way. Pursuant to RCW 70.48.130, and as part of the booking procedure, Puyallup shall obtain general information concerning the inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which the inmate is entitled. The information is to be used for third party billing. 8. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Puyallup to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for inmates' physical needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Puyallup, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Puyallup shall provide facilities for consultation and communication between inmates and their legal counsel. It shall also be the responsibility of Puyallup to calculate "good time" accrued in and subsequent release of the inmate in accordance with the Puyallup's standard practice and procedure. Federal Way agrees to be bound by Puyallup's standard practice and procedures related to inmates housed in the Puyallup Jail. 9. RIGHT TO REFUSAL To the greatest extent permitted by law, Puyallup shall have the right to refuse to accept Federal Way inmates or to return a Federal Way inmate to the City of Federal Way if in the judgment of Puyallup, the inmate has a current illness or injury which may adversely affect the operations of the Puyallup Jail, has history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property or themselves. Further, Puyallup may refuse to accept an inmate if the jail is at or near capacity or if in the judgement of Puyallup that accepting an inmate may create a risk to the safety of persons or property. 10. RETAKING OF INMATES Upon request from Puyallup, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Puyallup. 11. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Puyallup Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or judgment and sentence, to the Puyallup Jail upon booking of an innate. Federal Way is also responsible for providing Puyallup Jail with a complete bail schedule no later than January 1 of each year. 12. NON -ASSIGNABILITY. This Agreement may not be assigned by either party. 13. TRANSPORTATION Federal Way inmates incarcerated in Puyallup pursuant to this Agreement shall be transported to Puyallup by and at the expense of Federal Way and shall be returned, if necessary, to the City Federal Way by Federal Way personnel and at Federal Way's expense. Puyallup is not responsible for transportation of Federal Way inmates under this Agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Puyallup becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon the time required for transport at the correction officer over time rate of $55.00 per hour. 14. RECORDS AND REPORTS (a) Federal Way shall forward to Puyallup before or at the time of delivery of each inmate a copy of all inmate records pertaining to the inmate's present incarceration at other correctional facilities. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. 4 (b) Puyallup shall keep all necessary and pertinent records concerning such inmates incarcerated'in Puyallup Jail. During an inmate's confinement in Puyallup, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmates(s) incarceration, as may be permitted by law. 15. MEDICAL TREATMENT (a) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the Puyallup jail. Puyallup shall provide for routine minor medical services in the Puyallup jail. Examples of medical services which may be provided in the Puyallup Jail but which are not routine, and for which Federal Way shall be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of a Federal Way prisoner including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provided to Federal Way inmates. (b) An adequate record of all such services shall be kept by Puyallup in accordance with HIPAA regulations for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. (c) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way prisoner regarding hospitalization. If necessary, Federal Way shall reimburse Puyallup dollar for dollar any amount expended or cost incurred by Puyallup in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting a duty Sergeant at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Puyallup shall notify Federal Way as soon as practicable following emergency transport. Federal Way is responsible for providing security during any period of hospitalization. 16. DISCIPLINE Puyallup shall have physical control over and power to exercise disciplinary authority over all inmates of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. 17. STANDARD OF RELEASE Federal Way shall adopt Administrative Order No. 2013-01 Puyallup Municipal Court Standards of Release. 18. VIDEO ARRAIGNMENT Upon request, Puyallup will provide video arraignment services at the rate of $55.00 per hours with a (4) four-hour minimum charge. 19. REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in Puyallup shall not be removed from there by any person except: a) When requested by Federal Way Police Department in writing authorizing such release; or b) Upon court order in those matters in which said court has jurisdiction over such inmate; or c) For appearance in the court in which a Federal Way inmate is charged; or d) In compliance with a Writ of Habeas Corpus; or e) If the prisoner has served his sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or f) For other scheduled court appearances, including those for which they are not being held, or g) Upon the execution of the Standards of Release Administrative Order No. 2013- 01, or h) For medical care (see § 15) and court ordered evaluations. 20. ESCAPES In the event any Federal Way inmate shall escape from Puyallup's custody, Puyallup will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Puyallup shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connection therewith shall be chargeable to and borne by Puyallup, however, Puyallup shall not be required to expend unreasonable amounts to pursue escaped inmates beyond its jurisdiction. 21. DEATH OF AN INMATE a) In the event of the death of a Federal Way inmate, Puyallup shall notify the Pierce County Medical Examiner. Federal Way shall receive copies of any records made at or in connection with such notification, unless prohibited by law or court order. Reasonable copying costs for such copies shall be borne by Federal Way. b) Puyallup shall immediately notify Federal Way of the death of a Federal Way inmate, furnish reasonable and necessary information as reasonably requested and follow reasonable instructions of Federal Way with regard to the disposition of the body. The body shall be released to the Medical Examiner. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the responsibility or liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 0 22. DISPUTE BETWEEN FEDERAL WAY AND PUYALLUP Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Puyallup, the parties shall first attempt to resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 23. INSURANCE (a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligation set forth in the Agreement; (b) Each party shall obtain and maintain coverage in minimum liability limits of five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. 24. HOLD HARMLESS AND INDEMNIFICATION a) Puyallup shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers, harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of Puyallup in performance of this Agreement. b) Federal Way shall defend, indemnify and hold Puyallup, its officers, officials, employees and volunteers, harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of Federal Way in performance of this Agreement. c) Puyallup and Federal Way hereby waive, as to each other only, their immunity from suit under industrial insurance, title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. d) The waivers in this section have been mutually negotiated by the parties and this entire section shall survive the expiration or termination of this Agreement. 25. INDEPENDENT CONTRACTOR In providing services under this Agreement, Puyallup is an independent contractor and neither it, nor its officers, officials, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this agreement give rise to any claim or career service or civil service rights, which may accrue to employees of Federal Way or Puyallup under any applicable law, rule or regulation. 26. PRISON RAPE ELIMINATION ACT Puyallup acknowledges and is working toward compliance of the Prison Rape Elimination Act regarding custodial sexual misconduct. 27. MISCELLANEOUS Concurrent Original. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the Parties solely because of this Agreement. No Joint Venture or Partnership. No joint venture, separate administrative or governmental entity, or partnership is formed as a result of this Agreement. 28. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services is terminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 29. SEVERABILITY Should any provision of this Agreement be determined to be unenforceable by a court of law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. CITY OF PUYALLUP: By: Steve Kirklie Its: City Manager Date: ATTEST: By: Brenda Fritsvold Its: City Clerk Date: APPROVED AS TO FORM: By: Shawn Arthur Its. Deputy City Attorney Date: CITY OF FEDERAL WAY: By: Jim Ferrell Its: Mayor Date: ATTEST: By: Stephanie Courtney Its: City Clerk Date: APPROVED AS TO FORM: By: Ryan Call Its: City Attorney Date: 6 5gCOUNCIL MEETING DATE: March 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DISTRIBUTION AGREEMENT BETWEEN SEATTLE POLICE DEPARTMENT AND FEDERAL WAY POLICE DEPARTMENT POLICY QUESTION: Should the City of Federal Way enter into a Distribution Agreement between the Seattle Police Department and the Federal Way Police Department for a laptop for ICAC Task Force investigations? COMMITTEE: PRHS&PSC MEETING DATE: March 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cmdr. Tracy Grossnickle DEPT: Police Department Attachments: 1. Staff Report 2. Distribution Agreement between Seattle Police Department and Federal Way Police Department Options Considered: 1. Approve the proposed Distribution Agreement. 2. Do not approve proposed Distribution Agreement and provide direction to staff. MAYOR's RECOMMENDATION: Option 1. MAYOR APPROVAL: Z- ?7— OY3 DIRECTOR APPROVAL: mmitte Cdunc—:I__ InitraV ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Distribution Agreement to the March 15, 2022, consent agenda for approval. `Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Distribution Agreement. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Chief Andy J. Hwang SUBJECT: ICAC Distribution Agreement Financial Impacts: This distribution agreement between the Federal Way Police Department and the Seattle Police Department is under the Internet Crimes Against Children (ICAC) Task Force, for which Seattle Police Department is the lead agency. The agreement will provide a laptop computer for a detective to conduct investigations for the ICAC Task Force at no initial cost to the City of Federal Way other than any maintenance that may be needed. Background Information: The Federal Way Police Department is part of the regional Internet Crimes Against Children (ICAC) Task Force and as such investigates crimes involving sensitive materials. Some of these materials cannot be accessed through the City network computers and require a dedicated off-line computer or laptop. As a result, the ICAC Task Force is able to provide laptops to participating agencies at no cost, accomplished through a distribution agreement with Seattle Police Department as the lead agency for the Task Force. Rev. 7/18 Distribution Agreement Between Seattle Police Department And Federal Way Police Department (DUNS: 612509901) This Agreement is entered into by Federal Way Police Department and City of Seattle Police Department, (SPD), whose address is 610 Fifth Avenue, Seattle, WA 98124-4986. The Federal Way Police Department is undertaking certain activities related to a federal grant award. All federal finanical and grant management rules and regulations must be adhered to in the execution of this Agreement. A copy of the federal award doucment is attached for reference. SPD is acting as a pass -through entity for this grant. The Federal Way Police Department has been designated by SPD as a sub -recipient. FEDERAL AWARD INFORMATION GRANT AWARD TITLE FY20 Washington ICAC Task Force Program Must match registered name in DUNS FEDERAL AWARD ID # DUNS NUMBER CDFA NUMBER #2018-MC-FX-K054 130986214 #16.543 FEDERAL AWARD DATE SUBAWARD PERIOD OF PERFORMANCE START DATE SUBAWARD PERIOD OF PERFORMANCE END DATE 10/27/2020 10/1/2021 09/30/2024 FUNDS OBLIGATED FOR THIS AGREEMENT TOTAL GRANT AWARD FEDERAL AWARD AGENCY $1,785.00 $1,667, 712 OJJ D P Under the terms and condlitions of this grant, SPD distributed specialized emergency response equipment for the Federal Way Police Department. The distribution of the equipment is subject to the following terms and conditions. The equipment to be purchased for the Federal Way Police Department is described as follows at a cost of $1,785.00. (Based on quotes provided at time of grant award. Actual will be reflected on Hand Receipt): Item/Project Description Manufacturer Vendor Quantity Forensic computer LVO P15V 15-10300H CDW Government 1 hardware (Laptop) to use 512/16 W10P in ICAC investigations Part#: 20TQ002XUS 2. This equipment shall be accounted for by written hand receipt and is subject to the terms and conditions of this agreement. Title to the equipment transfers upon delivery. 3. The equipment delivered to Federal Way Police Department is accepted "as is" by Federal Way Police Department with the understanding that SPD disclaims all warranties for the delivered equipment. Should the equipment not perform as specified by the vendor, the Department will provide all warranty repair information to Federal Way Police Department. 4. Federal Way Police Department is responsible for the exchange of equipment with like items for proper size, etc. Department will provide all exchange information to the Federal Way Police Department. Federal Way Police Department is responsible for the maintenance, training, storage, proper use and inventory of the equipment. If this equipment is lost, stolen or deemed unusable it will not be replaced. Equipment valued at $5,000 or more (or the Federal Way Police Department's capitalization threshold, if less than $5,000) have additional compliance requirements. These requirements include maintaining detailed property records, an inventory to be conducted by the Federal Way Police Department every two years on all federally purchased equipment valued at $5,000 or more (or the Federal Way Police Department's capitalization threshold, if less than $5,000), a control system to adequately maintain and safeguard the equipment must be established, and federal disposal requirements must be met. The Federal Way Police Department shall comply with the 2 CFR Part 200, "Uniform Guidance: Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards", and 44 CFR 13.32 Equipment. 6. Federal Way Police Department shall defend and hold harmless the U.S. Department of Homeland Security, the Washington State Military Department, King County Office of Emergency Management, the Department, its officers, employees and agents from any claims, costs, demands or damages that may result from the Federal Way Police Department's failure to comply with the provisions of this Agreement, and with laws and regulations applicable to the equipment and its use. 7. For all equipment valued at $5,000 or more (or the Federal Way Police Department's capitalization threshold, whichever is more) the Federal Way Police Department must complete a biennial letter of certification to the Department at the address listed below. The certification letter must identify this equipment and include the date of inventory, location, and condition of the equipment until the equipment is disposed of in accordance with Federal requirements. Attachment A is a sample Certification Letter that SPD will send to the Federal Way Police Department on a biennial basis. Federal Way Police Department will be required to return the signed certification letter prior to the release and distribution of the above listed equipment. 8. Federal Way Police Department must record this equipment in accordance with 2 CFR Part 200 Subpart E "Cost Principles" are subject to audit and reporting requirements under 2 CFR Part 200 Subpart F "Audit Requirements". If the Federal Way Police Department is required to have an audit in accordance with 2 CFR Part 200 for the year the equipment is received, a copy of the audit report and the management letter shall be forwarded to the Department at the address listed below. 9. Federal Way Police Department shall maintain all books, records and documents related to the receipts and proper maintenance of the equipment. In compliance with 2 CFR Part 200 Part D "Post Federal Award Requirements", Department will conduct periodic onsite reviews of the equipment and the accounting records. 10. SPD has responsibility to monitor the listed equipment/supplies for its useful life. 11. Federal Way Police Department understands it has a responsibility to report cost of equipment on the Financial Schedule of Expenditures of Federal Awards (SEFA, Schedule 16 annual financial report). 12. Where documents require signatures, please sign and return to the Seattle Police Department, Grants & Contracts Unit 610 Fifth Avenue, Seattle, WA 98124-4986. Thank you for your assistance in this matter. Please call Seattle Police Department at 206-386-0063 if you have questions. FEDERAL WAY POLICE DEPARTMENT Name: Andy J. Hwang Title: Chief of Police Date: Attachment A: Copy of Grant Award Document Attachment B: Sample Certification Letter SEATTLE POLICE DEPARTMENT Brian G. Maxey Chief Operating Officer Date: COUNCIL MEETING DATE: March 15, 2022 ITEM #: 5h. . . ........ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUGET SOUND AUTO THEFT TASK FORCE (PSATT) - INTERLOCAL COOPERATIVE AGREEMENT POLICY QUESTION: Should the City agree to the amended and restated PSATT interlocal cooperative agreement with the partner agencies? COMMITTEE: PRHS&PSC MEETING DATE: March 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Tr acy Grossnickle DEPT: PD Attachments: Staff Report Puget Sound Auto Theft Task Force Interlocal Cooperative Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option #1— accept the recommendation to renew the agreement. MAYOR APPROVAL: DIRECTOR APPROVAL:' omm' ec Council InmuLD. e Initial/Date Initial/D Ic COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March 15, 2022 consent agenda for approval. 02, ComNChair Committee Member Committee Member PP.OPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 2- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 8, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Interlocal Cooperative Agreement between the Washington State Patrol, Pierce County Sheriff's Office, and the Municipalities of Auburn, Bonney Lake, Buckley, Federal Way, Kent, Lakewood, Puyallup, Tacoma, Tukwila and the Port of Seattle for the Maintenance of the Puget Sound Auto Theft Task Force Financial Impacts: The Puget Sound Auto Theft Task Force (PSATT) is operated through Washington Auto Theft Prevention Authority (WATPA) grant awards and expenses for PSATT related activities are reimbursed monthly. Background Information: PSATT, formed in 2017, is a multi jurisdictional team focused on investigating and enforcing laws relating to auto theft. Federal Way was been a member of the Task Force since 2017. The Task Force provides a more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The City of Federal Way, through the Police Department, continues to serve as the Lead Administrative Agency, which is responsible for proper accounting procedures, reports and statistics. The Federal Way Police Department will also continue to assign at least one commissioned employee to the PSATT Task Force, which is currently the Task Force Commander. AMENDED AND RESTATED INTERLOCAL COOPERATIVE AGREEMENT FOR THE CREATION AND MAINTENANCE OF THE PUGET SOUND AUTO THEFT TASK FORCE. L PARTIES The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff's Office, and the Municipalities of Auburn, Bonney Lake, Buckley, Federal Way, Kent, Lakewood, Puyallup, Tacoma, Tukwila, and the Port of Seattle, each of which is a state, county, or municipal corporation operating under the laws of the State of Washington. Parties may be added or removed by the process outlined in Section 7. Changes to membership, including any additions or removals, will be reflected as an addendum to this agreement. 2. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93,39.34, and53.08 of the Revised Code of Washington. 3. PURPOSEXORMATION The parties to this Agreement wish to establish and maintain a multi - jurisdictional team to effectively investigate and enforce the laws relating to auto theft; hereafter known as the Puget Sound Auto Theft Task Force ("PSATT" or "Task Force" in this Agreement). This Agreement does not replace any previously executed interlocal agreements by the parties to provide backup law enforcement services. The parties do not intend to create a separate legal entity subject to suit through this agreement. 4. STATEMENT OF PROBLEM The Washington State Legislature recognized that automobiles are an essential part of our everyday lives in passing the Washington Auto Theft Prevention Act in 2007. The family car is typically the second largest investment a person owns, the theft of which causes a significant loss and inconvenience to people, imposes financial hardship, and negatively impacts their work, school, and personal 1 I P a gy e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT activities. Appropriate, meaningful, and proportionate penalties should be imposed on those who steal motor vehicles. King County, Pierce County, and the municipalities therein have experienced increases to urbanization and population densities resulting in a rise in crime associated with auto theft. This increase has stretched the resources of individual police department investigative units. Historically, law enforcement efforts focused on auto theft were predominately conducted by agencies working independently. A multi jurisdictional approach to auto theft investigations has many benefits, including: the more effective use of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and improved information sharing. This approach, such as the one detailed in this Agreement, results in improved services for all participating jurisdictions and increase safety for the communities they serve through improved auto theft prosecution. 5. TASK FORCE OBJECTIVES The assigned personnel from each participating jurisdiction forms the Puget Sound Auto Theft Task -Force, which will serve the combined service areas of all the participating jurisdictions. PSATT's objective is to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. PSATT may respond as able to requests for assistance by any participating jurisdiction or by other law enforcement agencies pursuant to chapter 10.93 RCW. 6. GOVERNANCE The Task Force shall be governed by an Executive Board ("Board") composed of one member from each participating jurisdiction that has at least one full-time employee assigned to the Task Force ("Board Member"). Each Department Head shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board Members, or their designees, appearing at the meeting where the decision is made. A quorum of the Board must be present for any vote to be valid. A presiding officer shall be elected by the Board together with 2 1 Pa g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT such other officers as a majority of the Board may deem appropriate. A Lead Administrative Agency shall be selected by the Board. The other participating agencies are sub -recipients. The Lead Administrative Agency shall be responsible for establishing proper accounting procedures, an audit -trail, and the collection and provision of required reports and statistics. The Board shall meet quarterly, unless otherwise determined by the Board. Any Board Member may call extra meetings as appropriate. The presiding officer shall provide no less than forty-eight (48) hours' notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board Members to resolve any issues related to such emergency. The Board may, at its discretion, adopt policies, regulations, and operational procedures that shall apply to Task Force operations. Officers assigned to the Task Force remain employees of their employing agency and are subject to the policies of their employing agency. To the extent that the written policies, regulations, and operational procedures of the Task Force conflict with the written policies, regulations, and operational procedures of the individual jurisdictions, the Task Force members will adhere to the written policies, regulations, and procedures of their employing agency. 7. DURATION, MEMBERSHIP, AND TERMINATION A. Term. The term of this Agreement shall be one (1) year, effective upon its adoption and consistent with the Washington Auto Theft Prevention Authority (WATPA) grant period. This Agreement shall automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding through the WATPA grant process. B. Membership — Additions and Withdrawals. A majority vote of the Board may approve the addition of an Agency to the Task Force. Each addition will be memorialized in the minutes of the meeting in which the Board approves the addition and be evidenced by an addendum to this agreement. 3 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT A participating jurisdiction may withdraw from this agreement by providing thirty (30) days' written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction's withdrawal prior to the WATPA grant's expiration will be ineligible for related grant funds beyond reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction's withdrawal. Removal of a participating jurisdiction will be evidenced in an addendum to this agreement. Any membership change addenda must comply with RCW 39.34.030. C. Termination. A majority vote of the Board may terminate PSATT. Any vote for termination shall occur only when the Department Head, or his or her designee, of each participating jurisdiction is given reasonable advanced notice of the meeting in which such vote is taken and reasonable advanced notice that a vote to terminate PSATT is forthcoming at the Board meeting. The participating jurisdictions may completely terminate this Agreement by mutual agreement in writing. Upon termination of this Agreement, any assets acquired by the Puget Sound Auto Theft Task -Force with grant funds shall be distributed by the Board upon a majority vote of all Board members or their designees. Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations described in Section 16 and 17 of this Agreement with respect to the withdrawing party as to any incident occurring before the withdrawal of the party. Those obligations described in Section 16 and 17 shall survive the termination of this Agreement with respect to any cause of action, claim, or liability arising on or prior to the date of termination. 8. COMMAND AND CONTROL In the event of a mobilizing incident, the primary agency will be the agency in whose jurisdiction the incident has occurred. The primary agency shall appoint a command level officer to serve as Incident Commander to be the officer in charge of the local event. The Incident Commander retains full authority and control throughout the incident and shall make any decision as to the resolution of the incident. 4 1 P a a e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT 9. TASK FORCE STAFF Upon adoption of this Agreement, the staff listed below shall be assigned and serve at the pleasure of the Board. The Board shall have authority to determine which participating jurisdictions will contribute staff and shall have authority to approve of staff assigned by a party. The Board may change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its ability, determine which participating jurisdictions may provide staff for the various positions during the previous year's budget cycle. A staff member of the Task Force may be removed from his or her position for any reason by majority vote of the Board or by the chief/sheriff of his or her employing jurisdiction. All Task Force staff members shall be in good standing with their employing jurisdiction at all times during their service on the Task Force. Commander: A Task Force Commander with the rank of Commander or Captain (or command level equivalent) from his/her employing jurisdiction shall be appointed by the Board. The Commander shall act as the principal liaison between the Board and Task Force staff. The Commander shall operate under the direction of the presiding officer of the Board. The Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, and challenges of the Task Force. The Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the Task Force. The Commander shall be responsible for presenting any policies, regulations, and operational procedures and revisions for Board review and approval. Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded by WATPA and appointed by the Board, and one (1) non-WATPA-funded supervisor positions will be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level supervisors for the Task Force and shall report directly to the Commander. Detective: The Task Force shall have WATPA-funded detectives assigned from participating jurisdictions that are appointed by the Board and non-WATPA- 5 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT funded detectives provided by WSP. The number of detectives is dependent on the WATPA grant award and the WSP budget amounts provided to the Task Force. Crime Analyst: Subject to WATPA funding, PSATT shall have one (1) WATPA-funded crime analyst provided by one of the participating jurisdictions. Prosecutor: Subject to WATPA funding, PSATT shall have one (1) prosecuting attorney provided by the King County Prosecutor's Office or the Pierce County Prosecutor's Office to provide direct access to legal support for improved communication and prosecution of auto theft cases investigated by the Task Force. Pursuant to RCW 10.93.040, personnel assigned to the Task Force are considered employees of their employing jurisdiction, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations of the employer shall remain with the employing jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any applicable collective bargaining agreements or civil service rules and regulations. 10. EQUIPMENT, TRAINING, AND BUDGET Equipment, training, and eligible expenses will be paid by PSATT as provided in the WATPA grant through the Lead Administrative Agency's finance department. A participating jurisdiction that incurs expenses not provided in the WATPA grant is responsible for those expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a monthly expenditure invoice to the Lead Administrative Agency's finance department documenting those expenses that are eligible for reimbursement through the WATPA grant. Each participating jurisdiction will provide a vehicle for each full-time Employee assigned by that participating jurisdiction to PSATT. The participating jurisdiction is responsible for the operating costs and maintenance of vehicles provided to its employees assigned to PSATT. 11.OVERTIME Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task Force Supervisor must pre -approve overtime expenditures. 6 1 P a a e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Overtime is eligible for reimbursement only if. (1) a Task Force Supervisor authorized the overtime; (2) the overtime activity is specifically related to auto theft prevention efforts; and, (3) WATPA funds are available. When budgeted overtime funds are depleted, no overtime expenditures will be authorized by the PSATT or WATPA and any overtime incurred by a Task Force staff member shall be the responsibility of the employing jurisdiction. 12.REIMBURSEMENT OF FUNDS Participating jurisdictions requesting reimbursement for approved expenditures must submit appropriate invoices and itemized receipts monthly, and no more frequently than once each month, for actual expenses incurred. Sub -recipients shall submit all bills for reimbursement to the Lead Administrative Agency to ensure that those bills comply with grant policies and regulations prior to the Lead Agency submitting all reimbursements together to WATPA for payment. Each reimbursement request must contain a completed WATPA reimbursement request expenditure form. Reimbursements will be made for actual expenses based upon the available budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible for timely submittal of billing documentation and data reporting to the Lead Administrative Agency. Expenditures made prior to the award date or after the grant expiration date are not authorized and will not be reimbursed. WATPA will reimburse participating jurisdictions upon submittal of billing documentation, as outlined in the WATPA grant award. Requests for reimbursement for per diem (meal and travel expenditures) must be accompanied by an itemized receipt detailing the item purchased. Copies of timesheets are required for overtime reimbursement. Reimbursement will be made only up to the amount of the WATPA grant award limit for this expense type. Any cost above and beyond the award limit is the responsibility of the employing jurisdiction. 13. RECORDS Each participating jurisdiction shall maintain and manage records related to PSATT in conformance with the Public Records Act (Chapter 42.56 RCW) and the Washington State Secretary of State's records retention schedule or the 7 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT participating jurisdiction's unique records retention schedule so long as such unique retention schedule meets or exceeds the requirements of state law. All records relating to PSATT kept by a participating jurisdiction shall be available for full inspection and copying by any other participating jurisdiction. Records related to PSATT include but are not limited to bi-annual WATPA reporting, invoices, and requests for reimbursement along with supporting documentation. Any party to this Agreement that receives a Public Records Act request related to PSATT shall notify every other jurisdiction participating in this Agreement of the request within two (2) business -days. All participating jurisdictions will search their records to locate and produce responsive documents in a prompt manner to support meeting notification and response requirements under the Public Records Act and will identify those responsive records produced that are or may be exempt from disclosure under state law. Criminal investigation reports generated by the Task Force will be maintained in the records systems of the employing jurisdiction of the primary Task Force staff member who created the report. The primary investigator of an incident or case may include in his or her report supplemental reports that are also filed with another agency by Task Force members. 14. POLITICAL ACTI VITI ES PROHIBITED No government funds, including WATPA award funds, may be used for or against ballot measures or the candidacy of any person for public office. 15. PRESS RELEASES All press releases related to Puget Sound Auto Theft Task -Force activity must be authorized by the Task Force Commander, who will coordinate the press release with the police agencies in whose jurisdictions the incident has taken place. In the event that a press release is associated with a public service announcement or public outreach efforts, the Task Force Commander will coordinate the press release with the Board. 16. LIABILITY AND INDEMNIFICATION 8 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT The Task Force staff assigned by the employing jurisdiction shall continue under the employment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to the Task Force or the activities of the Task Force. Each participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating jurisdictions in the Task Force in any action arising from the negligence of the employees of that jurisdiction including all costs of defense including attorney's fees. A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. In the event a jurisdiction does not agree to joint representation, that jurisdiction shall be solely responsible for all attorney fees accrued for its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions. Cooperation includes, but is not limited to, providing all documentation requested and making Task Force members available for depositions, discovery, settlement conferences, strategy meetings, and trial. B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the commercial insurance market, an insurance pool, self-insurance, or a combination thereof. The failure of any insurance carrier or self -insured pooling organization to agree to or follow the terms of this Agreement shall not relieve any participating jurisdiction from its obligations under this Agreement. 17.NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of its conduct in support of Task Force operations, that jurisdiction shall promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation, including the claim or legal complaints, shall be provided to each participating jurisdiction within ten (10) calendar days. 18. PRE -CLAIM FILING REQUIREMENTS Nothing in this Agreement shall be deemed a waiver by any participating 9 1 P a a e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT jurisdiction of the requirements set forth in Chapters 4.92 and 4.96 RCW, and a participating jurisdiction providing notice or copies of a claim to another jurisdiction pursuant to Section 17 of this Agreement shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapters 4.92 and 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the state or federal Rules of Civil Procedure or the Revised Code of Washington. 19. WRITTEN CONSENT TO ENFORCE TRAFFIC AND CRIMINAL LAWS Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written consent of each sheriff or police chief of each participating jurisdiction to permit the officers of any participating jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the purpose of this Agreement. 20. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all parties and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with this Agreement. 21. FILING Upon execution, this Agreement shall be filed with the city clerks of the respective participating municipalities and such other governmental agencies as may be required by law, and each jurisdiction shall, pursuant to RCW 39.34.040, list this Agreement by subject on its official website. 22. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. 23. AUTHORIZATIONS Pursuant to RCW 39.34.050, this Agreement shall be executed on behalf 10 1 P s g C PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this agreement on behalf of the participating jurisdiction, and the participating jurisdiction agrees to the terms of the Agreement. [Signature Pages Follow] 11 1 1' a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Nancy Backus Date Mayor, City of Auburn Date City Clerk, City of Auburn City Attorney, City of Auburn Neil Johnson Date Kathleen Haggard_ Mayor, City of Bonney Lake City Attorney, City of Bonney Lake Sadie Schaneman Date Interim City Clerk, City of Bonney Lake Beau Burkett Date Phil Olbrechts Mayor, City of Buckley City Attorney, City of Buckley Treva Percival Date City Clerk, City of Buckley Jim Ferrell Date J. Ryan Call Mayor, City of Federal Way City Attorney, City of Federal Way Date Date Date Date 12 1 P a b e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Stephanie Courtney City Clerk, City of Federal Way Pat Fitzpatrick City Attorney, City of Kent Kim Komoto City Clerk, City of Kent Heidi Wachter City Attorney, City of Lakewood Date Date Date Dana Ralph Mayor, City of Kent Date Date Briana Schumacher Date John Caulfield Date City Clerk, City of Lakewood City Manager, City of Lakewood John Palmer Mayor, City of Puyallup Mary Winter City Clerk, City of Puyallup Elizabeth Pauli City Manager, City of Tacoma Date Joseph Beck City Attorney, City of Puyallup Date Date City Attorney, City of Tacoma 13 1 P a S e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Date Date Doris Sorum City Clerk, City of Tacoma Allan Ekberg Mayor, City of Tukwila Date Date Rachel Turpin City Attorney, City of Tukwila Christy O'Flaherty Date City Clerk, City of Tukwila Ed Troyer Sheriff, Pierce County John R. Batiste Chief, Washington State Patrol Date Date Clerk, Pierce County Steve Metruck Date Traci Goodwin Executive Director, Port of Seattle Sr. Port Counsel 14 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Date Date Date COUNCIL MEETING DATE: March 15, 2022 ITEM #: 5i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY 2018 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Amended MOU, extending the term of performance for Edward Byrne Memorial Justice Assistance (JAG) Grant FY2018? Acceptance of grant requires no matching funds. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE: MAR 8, 2022 SAFETY COUNCIL COMMITTEE — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. PRHS & PSC Staff Report 2. 2018 JAG MOU Amendment No. 1 — Performance Extension Options Considered: 1. Approve the FY 2018 JAG Grant Amendment 2. Reject the FY 2018 JAG Grant Amendment and provide direction to staff MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: , %-- DIRECTOR APPROVAL: Cea in, -toll' if Ini,.zDafe Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the Amended FY2018 JAG Grant to the March 15, 2022, consent agenda for approval. " �T-Committee thair Committee Member Committee Member #OPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2018 Edward Byrne Memorial Justice Assistance (JAG) Grant Program — Contract Amendment for Performance Extension Financial Impacts: The financial impacts of this 2018 F-dward Byrne Memorial Justice Assistance Grant (JAG) award is positive for the City. Project Award in 2020: $41,894 for the purchase of Safe City server and network infrastructure and Mobile Data Computer (MDC) spares. Grant Acceptance does not require matching funds. Approving the MOU Amendment to extend the performance period will ensure the City may benefit from the grant award. Backe-ound Information: The Police Department applied for the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) and received funding in the amount of $41,894 or "Safe City Server and Network Infrastructure." The JAG Program is the primaiy provider of federal criminal justice funding to state and local jurisdictions and supports all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Historically, the City's IT staff is tasked with many projects and priorities and capacity for additional projects is limited. One major project that needed to be completed prior to the server purchase was the upgrade of a significant amount (about 70) of the City's Safe City cameras. This project was further delayed due to the loss of the proj ect's leader. In addition, the COVID-19 pandemic prevented the City's IT staff from making forward progress on the purchase of this equipment until recently. The City has requested quotes and received Council approval to proceed with the purchase. However, the worldwide supply chain issues compounded with the limited supply of computer chips further extended the lead time of this equipment by at least three to four times from normal amounts. The City was unable to acquire the components by the end of the original performance period of the grant, September 30, 2021. Due to these issues in spending the 2018 JAG award, the City respectfully requested and was granted a one-year grant performance extension to September 30, 2022. This extension is incorporated into this MOU Amendment. Acceptance of the amended MOU for the FY 2018 Edward Byrne Memorial Justice Assistance Grant will ensure that services or projects under this Agreement will conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751(a.)) and the City will not lose the opportunity to use the grant funds to obtain this needed equipment. The City of Seattle Seattle Police Department AMENDMENT NO. 1 �l TO Memorandum of Understanding- Contract Contract #20-00461 THIS AGREEMENT is made and entered into by and between The Seattle Police Department (SPD), a department of the City of Seattle, hereinafter referred to as "SPD", as represented by the Chief of Police; and the City of Federal Way; The original Agreement is amended as follows. All other terms and conditions of the original Agreement, as amended, remain in effect. TERM OF AMENDMENT The term of the agreement shall be amended from a performance end date of 9/30/21 to 9/30/22, FUNDING SOURCE FEDERAL AWARD INFORMATION Edward Byrne Memorial GRANT AWARD TITLE Justice Assistance Grant (JAG) Program FY2018 Local Solicitation Must match registered name in DUNS FEDERAL AWARD ID # DUNS NUMBER CDFA NUMBER 2018-DJ-BX-0200 790597814 #16.738 SUBAWARD PERIOD OF SUBAWARD PERIOD OF FEDERAL AWARD DATE PERFORMANCE START PERFORMANCE END DATE DATE 07/19/2019 10/01/2017 09/30/2022 amended FUNDS OBLIGATED FOR TOTAL GRANT AWARD FEDERAL AWARD THIS AGREEMENT AGENCY $41,894 $681,367 DOJ, BJA NOW THEREFORE, the parties hereto have executed this Amendment to the Edward Byrne Memorial Justice Assistance Grant by having their representatives affix their signatures below. Amendment History for reference purposes only: History Brief Description of Change Original $41.894 Amendment 1 Extend period of performance to 9/30/22 - Total $41,894 Page 1 1 The parties have executed this Amendment by having their representatives sign below. City of Federal Way Jim Ferrell Mayor Date SEATTLE POLICE DEPARTMENT Mark Baird Chief Operating Officer Date Page 12 Memorandum of Understanding -Contract Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Federal Way, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8 Ave S Federal Way, WA 98003 pg. 1 City of Federal Way 1.5 #20-00461 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way ' - e, Jir rrel[, Mayor Dates V g a City of Seattle Mark R. Laird, Chief Operating Officer Seattle Police Department Date: '/17Z26 Authorized by: Edward Byrne Memorial Justice Assistance Grant (JAG) Program WHEREAS; the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi -jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $681,367 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County, and WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a single, joint application; and WHEREAS, the City of Seattle ("City"), as the identified Fiscal Agent, had DOJ submit the joint application to the Bureau of Justice Assistance on Aug 22, 2018 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $681,367 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for this award, is to distribute grant funds to co -applicants, the City intends to transfer some of the JAG funds it receives to those co -applicants; and WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE, the parties hereto agree as follows; This Interagency Agreement contains seven Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2021 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City's receipt of appropriated federal funds. The Subrecipient agrees that it will not hold the City or the Department of Justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the City's receipt and distribution of federal funds. In the event that the Department of Justice requires the City to repay awarded funds for failure to comply with Special Conditions 41-47 listed in Attachment A, the Subrecipient will repay the City any funds it received under this Agreement that the City is required to repay to the federal government. Subrecipient further acknowledges and agrees that the City may reject federal funds if it is required to comply with Special Conditions 41-47 as a prerequisite for receiving these funds. Subrecipient will not pursue the City for such funds but may be able to pursue the federal government. 3. This contract is funded with federal grant funds under CFDA 16.738, The grant is FY 2018 Justice Assistance Grant Program Award # 2018-DJ-BX-0200. All federal financial and grant management rules and regulations must be adhered to in the execution of this contract. Exhibit Attachment A is a copy of the federal award documents. All pg. 3 City of Federal Way 1.5 #20-00461 special conditions stated in the award documents apply to the execution of this contract. All Subrecipients are assumed to have read, understood, and accepted the Award as binding. 4. The Subrecipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2018 Local Solicitation. Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation. All Subrecipients are assumed to have read, understood, and accepted the Local Solicitation as binding. S. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Subrecipient's first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations, and program guidance. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2017 award from the Office of justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non -Federal entities that expend-$750,000 or more in one fiscal year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133- Audits of States, Local Governments, and non -Profit Organizations. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133, but records must be available for review or audit by appropriate officials of the Federal agency, pass -through entity, and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -recipients also maintain auditable records. d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient p6. 4 City of Federal Way 1.5 ##20-00461 must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. e. If applicable, once any single audit has been completed, the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient's fiscal year(s) to: Faye Landskov, JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 f. In addition to sending a copy of the audit, the Subrecipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subrecipient shall include the above audit requirements in any subcontracts. g. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subrecipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Subrecipient shall provide immediate written notice to the City if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subrecipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from pg. 5 City of Federal Way 1.5 420-00461 participation in this covered transaction, unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B: JAG Budget Worksheet, as approved by BJA. Attachment B is attached to and made part of this agreement. The work shall, at all times, be subject to the City's general review and approval. The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Subrecipient's progress. ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $41,894. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Subrecipient, once the interest balance accrued equals at least $1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent, to perform tasks in accordance with the Project Budget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov. 2. Mann r of Payment The Subrecipient shall submit reimbursement requests not more than monthly, and. at least quarterly. After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request, the Subrecipient shall submit: • Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices) + These documents and invoices must be kept on file by the Subrecipient and be made available upon request by the City or to state or federal auditors, for at least six years after the closure of the grant. Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are met, payment shall be made by the City to the Subrecipient. Submit invoicing to Fiscal Accounts Payable Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 SPDAP@seattle.gov 1. SPD Responsibilities: Submit Documentation to Faye Landskov, JAG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. SPD has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. SPD may require Subrecipient to take corrective action if deficiencies are found. SPD will not monitor Subrecipient's adherence to Special Conditions 41-47 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of SPD, DOJ, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. ARTICLE VII: AMENDMENTS pg. 7 City of Federal Way 1.5 #20-00461 No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. pg. S City of Federal Way 1.5 #20-00461 COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NTS PROGRAM PROJECT: 30TH AVE SW (SW 312TH PL TO SW 320TH ST) ITEM #:� POLICY QUESTION: Should the Council authorize the installation of five (5) speed bumps on 30th Ave SW between SW 311" St and SW 320" St and one (1) traffic circle at the intersection of 30`h Ave SW and SW 314'h St with the implementation phased over multiple years as funding allows? COMMITTEE: MEETING DATE: CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Kennedy, Sr. Traffic Attachments: 1. Staff Report Memo 2. Map of Proposed Option 1 Options Considered: DEPT: Public Works 1. Approve the proposed installation of five (5) speed humps on 30th Ave SW between SW 3111h St and SW 32011 St and a traffic circle at the intersection of 30th Ave SW and SW 314" St with implementation phased over multiple years as funding allows. 2. Do not approve proposed installation of five (5) speed humps on 30th Ave SW between SW 3111h St and SW 320th St and a traffic circle at the intersection of 30" Ave SW and SW 314th St. and provide direction to staff. ............ .._.._.................._._................. 3. MAYOR'S RECOMMENDATION: Option 1. Installation of five (5) speed humps on 301h Ave SW between SW 31 Ph St and SW 320' St and a traffic circle at the intersection of 30'h Ave SW and SW 3141h St with implementation phased over multiple vears asJunding allows. MAYOR APPROVAL: 41 DIRECTOR APPROVAL: "' 1-3 7. 'tomm ec OYnci lnitiaMate initia tc Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1, installation offive (5) speed humps on 30th Ave SW between SW 311 th St and SW 320th St and a n• (frc circle at the intersection of 30th Ave SW and SW 314th St, with implementation phased over multiple years as funding allows, to latch 15, 2022, consent agenda for approval. Apmieg J1�cly ovev, Co itte Chair Jack -Walsh, Committee Member HoW Tran, Committee Member PROPOSED COCIT10I. MOTION: "I more approval of the proposed Option 1, installation offrve (5)speed humps on 30th Ave SW between SW 311th St and SW 320th St and a traf circle at the intersection of 30th Ave SW and Stf' 314th St. with implementation phased over multiple years as funding allows. " (BELOW TO BE COMPLETED BYCITYCLEBK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor 54-1 FROM: EJ Walsh, P.E., Public Works Director Jason Kennedy, Senior Traffic Engineer SUBJECT: NTS Program Project: 30th Ave SW (S 3 12th PI to SW 320th St) Financial Impacts: This project is part of the Neighborhood Traffic Safety (NTS) Program. In accordance with the approved budget this project is funded by the Streets Fund. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Streets and Traffic Division maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. The currently allocated NTS budget is $50,000 per year with $20,000 designated specifically for school NTS and/or school safety related improvements. Currently, one (1) NTS project is programmed to be constructed in 2022, with an estimated cost of $15,000, leaving a NTS budget balance of around $35,000 for 2022. The total estimated cost of the proposed project at 30' Ave SW between SW 312' PI and SW 3201 St is approximately $40,000 which exceeds the $15,000 per neighborhood per year budget limitation policy guideline and would put the NTS program over -budget by—$5,000. Background Information: Residents along 30' Ave SW submitted a petition on July 29, 2021, requesting traffic calming devices to control vehicle speeds along 301 Ave SW between SW 3121 PI and SW 3201 St. 30' Ave SW is classified as a Minor Collector with a posted speed limit of 25 mph. Traffic studies were conducted in August of 2021, and the results are as follows: 85% Daily Park or # of 5 yr. # of 5 yr. Total Street Speed Traffic School Collisions Injury/Fatal Score (mph) Collisions 30th Ave SW n/o SW 319th St 35.8 1,774 No 0 0 - (Minor Collector Street, 25 mph) 30th Ave SW s/o SW 312' PI (Minor Collector Street, 25m h) 30.4 922 Yes 0 0 - Points Scored 3.0 0.5 0.5 0 0 4.0 Based on the current adopted NTS installation criteria (per table below), the petition scored 4.0 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Rev 6/2020 March 7, 2022 Land Use and Transportation Committee Twin Lakes `21 NTS — 30' Ave SW (SW 312" PI to SW 3201' St) Page 2 Minor Collector Street NTS Criteria Point Scale 85th Percentile Speed Average Daily Traffic (ADT) Location School/Park 5-Year Collision History Total Injug Fatal 0 0 - 25 0 - 1,000 No 1 - - 0.5 26 - 27 1,001 — 1,800 Yes 2 - - 1 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 — 5,000 - 6 - - 3 36+ 5,001+ - 1 7+ 3+ 2+ Data 35.8 1774 Yes 1 0 0 0 A neighborhood traffic safety meeting was held virtually via Zoom on November 18, 2021. The 8 resident attendees all generally agreed that reducing speeding along 30'h Ave SW, as well as reducing other unsafe driving behavior at the intersection of 30`h Ave SW / SW 314'h St was a priority. Several attendees also expressed safety concerns related to feeling unsafe walking along 30'h Ave SW and crossing the street at various places. Although all options and traffic calming tools were considered, Speed Humps and Traffic Circles were the most popular option. Proposal: Based on these concerns, Option 1 (below) was developed to slow vehicles and discourage other unsafe driving behavior along 301 Ave SW between SW 3111 St and SW 320'h St. With the reduced vehicle speeds provided by the speed humps and traffic circle, the safety of the neighborhood should be greatly improved for motorists, cyclists, and pedestrians. Option 1—Five (5) Speed Humps and One (1) Traffic Circle (Phased Implementation Over Multiple Years) This option would install a total of five (5) speed humps and one (1) traffic circle on 301 Ave SW as shown on the attached figure. The speed humps are spaced as evenly apart as possible and will avoid directly impacting driveways and mailbox delivery. The humps will be located near the following addresses or locations: • 31108 30'' Ave SW • 31140 30`b Ave SW • South of SW 315' St • North of SW 317'h St • North of SW 319'h St The traffic circle would replace the all -way stop control at the intersection of 301 Ave SW and SW 314' St. Option 2 — No Action This option would not build any traffic calming devices and the street(s) would remain in its current condition. March 7, 2022 Land Use and Transportation Committee Twin Lakes `21 NTS — 30'h Ave SW (SW 312th PI to SW 320`h St) Page 3 Advisory Ballot In accordance with established NTS policies, City staff sent a total of 216 ballots to residential occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the complete ballot results for the 64 ballots received (30% return rate): 2021 Twin Lakes NTS Ballot Results 30th Ave SW (SW 312th PI to SW 320th St) Option Description Total Percent 1 Five (5) Speed Humps and One (1) Traffic Circle 44 69% 2 No Action 20 31 % 64 The Traffic Division staff proposal is in accordance with the balloting results, NTS policy limits, and residents' priorities and therefore is recommending Option 1. The proposed packaged should be effective in reducing vehicle speeds, and improving vehicular and pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience and perhaps a slight increase in emergency response time. cc Project File Day File encl: Map of Option 1 Map of Option 1 Option 1— Five (5) speed humps and one (1) traffic circle (Phased Over Multiple Years As Funds Allow) C k-,4 ?� Traffic Circle - �C-I Speed Hump x toSpeed Hump Speed Hump Speed Hump Y I I -400' "'335' 30L Ave SW f r XII 1, r d .i4 _ 5kCOUNCIL MEETING DATE: March ... 2022 ITEM #: ..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NPDES ANNUAL REPORT AND STORMWATER MANAGEMENT PROGRAM (SWMP) PLAN UPDATE POLICY QUESTION: Should Council approve the 2022 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Department of Ecology by March 31, 2022 to satisfy the City's NPDES Permit obligations? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE MEETING DATE: March 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Emile Ancelet Eft DEPT: Public Works Environmental Services Attachments: 1. Staff Report 2.2022 Annual Report and Stormwater Management Program (SWMP) Plan Update Options Considered: 1. Approve the proposed 2022 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Department of Ecology by the March 31, 2022 deadline to satisfy the City's NPDES Permit obligations. 2. Do not approve the proposed 2022 Annual Report and SWMP Plan documents and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVA DIRECTOR APPROVAL: 6✓Jr 3-3,VL Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 15, 2022 City Council consent agenda for approval. C' e`e Chair "Committee Members tommittee Member PROPOSEd—COL:NCII. MOTION: "I move to approve the 2022 Annual Report and SWMP Plan documents and authorize the Public Works Director to Submit these documents to the Department of Ecology by March 31, 2022 to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 17, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directo w/1 Emile Ancelet, Surface Water Program Supervisor - EA SUBJECT: NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update Financial Impacts: Submittal of the National Pollutant Discharge Elimination System (NPDES) Annual Report and Stormwater Management Program (SWMP) Plan update is required by the City's NPDES Western Washington Phase II Municipal Stormwater Permit and will have no direct financial impacts. Background Information: The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the United States, pursuant to the Clean Water Act. The EPA may grant permitting authority to states, and in Washington that regulatory authority resides with the Washington State Department of Ecology (Ecology). The current NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) was issued by Ecology on July 1, 2019 and went into effect on August 1, 2019. The Permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) Plan that addresses and directs the following nine Permit components: 1) Stormwater Planning 2) Public Education and Outreach 3) Public Involvement and Participation 4) MS4 Mapping and Documentation 5) Illicit Discharge Detection and Elimination 6) Controlling Runoff from New Development, Redevelopment, and Construction Sites 7) Operations and Maintenance 8) Source Control Program for Existing Development 9) Monitoring In addition to the SWMP Plan, Permit Section S9 "Reporting Requirements" also requires the City to submit an Annual Report intended to update Ecology on the status of the City's compliance with Permit requirements. Annual Reports must be submitted to Ecology on or before March 31 st of each year. Rev. 7/18 In an effort to determine the best methods for meeting Permit requirements, City staff engages with Ecology and several regional forums on a consistent basis. City staff prepared the following documents (attached) to meet the 2022 Annual Report and SWMP Plan update requirements specified in the Permit: • 2022 Annual Report • Stormwater Management Program (SWMP) Plan Update Rev. 7/18 2022 NPDES Annual Report City of Federal Way 2022 Annual Report Questions for the Western Washington Phase II Municipal Stormwater Permit The NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) requires all Permittees to submit annual reports describing the progress of their Permit implementation activities. Annual reports cover the previous calendar year's activities, unless otherwise specified, and must be signed by the responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 94 questions and requires the preparation of several supporting documents. The Annual Report must be submitted online through Ecology's WQWebPortal service. Number Permit Y or N Question Section Reporting Requirements and Stormwater Management Program (SWMP) Attach a copy of any annexations, 1 S9.D.6 N/A incorporations, or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage. Attach updated annual Stormwater 2 S5.A.2 Attachment 1 Management Program Plan (SWMP Plan). Implemented an ongoing program to gather, 3 S5.A.3 Y track, and maintain information per S5.A.3, including costs or estimated costs of implementing the SWMP. Coordinated among departments within the 4 S5.A.5.b Y jurisdiction to eliminate barriers to permit compliance. Attach a written description of internal 4a S5.A.5.b Attachment 2 coordination mechanisms. (Required by March 31, 2021) Stormwater Planning Have you convened an interdisciplinary team to 5 S5.C.1.a Y inform and assist in the development, progress, and influence of the stormwater planning program? (Required by August 1, 2020) *Questions 6 —14 are required by March 31, 2021 & January 1, 2023. City Comprehensive Plans, List the relevant land use planning efforts that Capital Improvement Project have taken place in your jurisdiction during the Plans, City Center Action previous Permit Cycle, 2013-2019 (land use 6 S5.C.1.b.i Plans, Transportation plans that are used to accommodate growth, (a) and (b) Improvement Program, stormwater management, or transportation). Shoreline Management Program Updates, and Critical Areas Code updates Page 1of14 2022 NPDES Annual of Federal W Current/Future List of stormwater capital projects (currently in projects: Redondo Creek or slated for future design and construction) Culvert Replacement, Cold that resulted from this planning. Creek Culvert Replacements and Channel Stabilizations, S 3561" St Culvert Replacement, CCTV Inspection and Assessment Program, 2022 Annual Pipe Rehabilitation Program, Pacific Highway S5.C.1.b.i Non -Motorized Trail, Lakota 7 (a) and (b) SRTS Project, SW Dash Point Rd & 47t" Ave SW Roundabout, Pac Hwy & S 373rd St Roundabout, SW 344t" St and 27t" Ave SW Roundabout Recently Completed Projects: S Dash Point Rd Sidewalk Gap, 2020 Annual Pipe Rehabilitation, and 2021 Annual Pipe Rehabilitation Encouragement towards Describe the watershed protection measures utilizing LID; areas within associated with stormwater management and 8 S5.C.1.b.i shoreline jurisdiction shall land use planning actions that resulted from this (a) and (b) include water pollution planning. control measures and BMPs for stormwater management. Were land acquisitions identified (or are planned 9 S5.C.1.b.i Yes ahead for) that are useful for stormwater (a) and (b) facilities to accommodate growth or to better serve an existing developed area? Flood reduction, water quality If yes, for what purpose? 9a S5.C.1.b.i improvement, social equity, (a) and (b) and strategic assessment management Identified corrective actions, in addition to the min. requirements of the Municipal Stormwater S5. b.i Permits to control or treat municipal stormwater 10 nd (a) and (b) Y discharges that pollute waters of the State (e.g. limits to impervious cover added to any zoning districts, regional facility planning, minimization of vegetation loss, etc.)? S5. b.i FWRC 15.05.080 (3)(g) If yes, briefly describe and list relevant plan or 10a nd (a) and (b) Collection facilities to control code sections, if applicable. and separate contaminants Page 2 of 14 2022 NPDES Annual Report City of Federal Way shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties. S5.C.1.b.i Updates to goals and policies related to 11 (a) and (b) Yes investment in stormwater management facilities/BMPs? (yes/no) City code encourages If yes, briefly describe. investment in LID for new transportation and parking facilities to minimize stormwater runoff for 11a S5.C.1.b.i subdivisions, multifamily (a) and (b) residential, and commercial properties. The City developed the Capital Improvement Plan and also adopted the King County Surface Water Design Manual. Does the long-range plan identify location and S5.C.1.b.i existing capacity of the stormwater facilities 12 (a) and (b) No owned or operated by the Permittee and show which of those stormwater facilities have unused capacity? Do these stormwater facility locations impact 12a S5.C.1.b.i No where housing, or other types of development, (a) and (b) are projected to be located or influence the acquisition of land? (If yes, how?) Does the long-range plan identify a lack of 12b S5.C.1.b.i Yes facilities and the potential impacts of existing or (a) and (b) new development to those areas and receiving waters? S5.C.1.b.i Any new proposed locations and capacities of 12c an (a) d (b) No stormwater facilities needed for the timeframe of the plan? No; however, the City Based on the projected population densities and recognizes stormwater runoff distribution of growth over the planning period, 13 S5.C.1.b.i as a major pollutant to the describe how stormwater runoff impacts are (a) and (b) City's waterways and its forecasted. Does stormwater management negative impact on the information (including water quality) direct watershed as a whole. where growth is directed? S5.C.1.b.i Did you submit a report as describe in 14 (b) N/A S5.C.1.b.i(b)? (Due January 1, 2023) Page 3 of 14 2022 NPDES Annual Report City of Federal Way Continue to design and implement local development -related codes, rules, standards, or 15 S5.C.1.c.i Y other enforceable documents to minimize impervious surfaces, native vegetation loss, and stormwater runoff, where feasible? (Required annually) From the assessment described in S5.C.1.c.i(a), 16 S5.C.1.c.i N did you identify any administrative or regulatory (a) barriers to implementation of LID Principles or LID BMPs? (Required annually) S5.C.1.c.i If yes, describe the barrier(s) and the measures 16a (a) N/A taken to address them. *Questions 17 —19a are required by March 31, 2022, June 30, 2022 & March 31, 2023, as noted. Developed a watershed inventory? (To be 17 S5.C.1.d.i N/A submitted by March 31, 2022) Attach watershed inventory. 17a S5.C.1.d.i N/A S5.C.1.d.ii Developed a receiving water prioritization 18 (a) -(c) N/A method and process? (Required by June 30, 2022) S5.C.1.d.ii Attach receiving water priority ranking process. 18a (a)-(c) N/A Developed a Stormwater Management Action 19 S5.C.1.d.iii N/A Plan (SMAP) for at least one high priority area? (Required by March 31, 2023) Attach SMAP(s). 19a S5.C.1.d.iii N/A Education and Outreach Did you choose to adopt one or more elements 20 S5.C.2 Y of a regional program? City of Federal Way Surface If yes, list the elements, and the regional Water Management (SWM) program. staff co -branded education 20a S5.C.2 and outreach materials, Facebook posts, and e- newsletter content with the regional Puget Sound Starts Here campaign. Attach a description of general awareness 21 S5.C.2.a.i Attachment 3 efforts conducted, including your target audiences and subject areas, per S5.C.1.a.i. S5.C.2.a.ii Conducted an evaluation of the effectiveness of 22 (b) Y the ongoing behavior change program and Page 4 of 14 2022 NPDES Annual Report City of Federal Way documented recommendations as outlined in S5.C.2.a.ii(b). (Required by July 1, 2020) 22a S5.C.2.a.ii N/A If not, explain. (b) S5.C.2.a.ii Developed a behavior change campaign that is 23 c Y tailored to the community in accordance with S5.C.2.a.ii(c)? (Required by February 1, 2021) S5.C.2.a.ii Attach the strategy and schedule. 23a (c) Attachment 4 S5.C.2.a.ii Began implementing the strategy outlined in 24 (d) Y S5.C.2.a.ii(c). (Required by April 1, 2021) Attach the report developed in accordance with S5.C.2.a.ii(e), which evaluated the changes in S5.C.2.a.ii understanding and adoption of targeted 25 (e) N/A behaviors resulting from the implementation of the strategy and any planned or recommended changes to the program in order to be more effective. (Required by March 31, 2024) Promoted stewardship activities (or partnered 26 S5.C.2.a.iii Y with others) to encourage resident participation. Attach a list of stewardship opportunities 26a S5.C.2.a.iii Attachment 5 promoted. Public Involvement and Participation Opportunities for public Describe the opportunities created for the participation and comment public, including overburdened communities, to involving the Stormwater participate in the decision -making processes Management Program involving the development, implementation, and (SWMP) were available at the updates of the Permittee's SWMP and the Land Use and Transportation SMAP. Committee and City Council meetings when the SWMP and Annual Report are reviewed. Public comment 27 S5.C.3.a was also encouraged via the City's website, e-newsletter, and Facebook, and the public input meeting about the SWMP was also advertised on these platforms. The City reached out to overburdened communities by translating outreach materials into Spanish (the second most spoken language in Federal Page 5 of 14 2022 NPDES Annual Report City of Federal Way Way) and advertising through Spanish and Korean language news media. Interpreters were also made available upon request for the public input meeting in 2020. *Public involvement for the SMAP will occur in 2022 as it is being developed by the City. Posted the updated SWMP Plan and latest 28 S5.C.3.b Y annual report on your website no later than May 31 of each year? https://www.cityoffederalway List the website address. 28b S5.C.3.b .com/node/4946 MS4 Mapping and Documentation S5.C.3.a. Maintained a map of the MS4 including the 29 i - vii Y requirements listed in S5.C.4.a.i.-vii? Started mapping outfall size and material in 30 S5.C.4.b.i Y accordance with S5.C.4.b.i? (Required to start by January 1, 2020) Attach a spreadsheet that lists the known 30a S5.C.4.b.i Attachment 6 outfalls' size and material(s). (March 31, 2021) Completed mapping connections to private 31 S5.C.4.b.ii N/A storm sewers in accordance with S5.C.4.b.ii? (Required by August 1, 2023) Developed an electronic format for mapping, with fully described mapping standards in 32 S5.C.4.c Y accordance with S5.C.4.c? (Required by August 1, 2021) Illicit Discharges Detection and Elimination SWM utilizes its Public Informed public employees, businesses, and the Education and Outreach general public of hazards associated with illicit Program to inform staff, discharges and improper disposal of waste. residents, and businesses Describe actions in Comments field. about hazards associated with 33 S5.C.5.b illicit discharges. Examples of outreach methods used include: e-newsletters, staff training, public workshops, a spill kit program for multicultural businesses, annual business inspections, Page 6 of 14 2022 NPDES Annual Report City of Federal Way mailings, and participation in regional campaigns. Implemented an ordinance or other regulatory 34 S5.C.5.c y mechanism to effectively prohibit non- stormwater, illicit discharges. Implemented procedures for conducting illicit 35 S5.C.5.d.i y discharge investigations in accordance with S5.C.3.6. The City utilizes the Federal Cite field screening methodology. Way Illicit Discharge Detection and Elimination Field Procedures and Response Plan, which references the following two guidance documents: Illicit Discharge 35a SS.C.S.d.i Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection; and, the Illicit Connection and Illicit Discharge Field Screening and Source Tracing Guidance Manual, King County, Herrera. Percentage of MS4 coverage area screened in 36 S5.C.5.d.i 47% reporting year per S5.C.5.d.i. (Required to screen 12% on average each year.) The percent of MS4 screened Cite field screening techniques used to was calculated by dividing the determine percent of MS4 screened. 36a S5.C.5.d.i number of catch basins inspected by the total number of catch basins. Percentage of total MS4 screened from permit 37 S5.C.5.d.i 100% issuance through the end of the reporting year. The spill reporting hotline is Describe how you publicized a hotline telephone publicized on the City's number for public reporting of spills and other website and through the illicit discharges in the Comments field. monthly e-newsletter. On 38 S5.C.5.d.ii December 15, 2020 the City also rolled out an app called SeeClickFix that allows the public to report issues in the City right from their phones. Implemented an ongoing illicit discharge training 39 S5.C.5.d.iii y program for all municipal field staff. Page 7 of 14 2022 NPDES Annual Report City of Federal Way Implemented an ongoing program to 40 S5.C.5.e Y characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.5.e. Municipal illicit discharge detection staff trained 41 S5.C.5.f Y to conduct illicit discharge detection and elimination activities as described in S5.C.5.f. Attach a report with data describing the actions taken to characterize, trace, and eliminate each illicit discharge reported to, or investigated by, 42 S5.C.3.d.iv Attachment 7 the Permittee as described in S5.C.5.g. The submittal must include all of the applicable information and must follow the instructions, timelines, and format described in Appendix 12. Controlling Runoff from New Development, Redevelopment, and Construction Sites Implemented an ordinance or other enforceable S5.C.6.b. mechanism to effectively address runoff from 43 i-iii Y new development, redevelopment, and construction sites. Revised ordinance or other enforceable mechanism to effectively address runoff from 44 S5. N/A new development, redevelopment, and Hii i-iii construction sites per the requirements of S5.C.6.b.i-iii. (Required by June 30, 2022.) Cite code reference. S5. FWRC 16.20.010 codifies the 44a King County Surface Water i-iii -iii Design Manual Number of adjustments granted to the minimum 45 S5.C.6.b.i 0 requirements in Appendix 1. Number of exceptions/variances granted to the 46 S5.C.6.b.i 0 minimum requirements in Appendix 1. Reviewed Stormwater Site Plans for all proposed 47 S5.C.6.c.i Y development activities that meet the thresholds adopted pursuant to S5.C.6.b.i. Number of site plans reviewed during the 47a S5.C.6.c.i 113 reporting period. Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined 48 S5.C.6.c.ii Y through plan review based on definitions and requirements in Appendix 7 — Determining Construction Site Sediment Damage Potential? Page 8 of 14 2022 NPDES Annual Report City of Federal Way If no, inspected prior to clearing and 48a S5.C.6.c.ii N/A construction, all construction sites meeting the minimum thresholds? Inspected permitted development sites during construction to verify proper installation and 49 S5.C.6.c.iii Y maintenance of required erosion and sediment controls per S5.C.6.c.iii. Number of construction sites inspected per 49a S5.C.6.c.iii 532 S5.C.6.c.iii. Inspected stormwater treatment and flow control BMPs/facilities and catch basins in new 49b S5.C.6.c.iv Y residential developments every 6 months per S5. C.6. c. iv? Inspected all permitted development sites upon completion of construction and prior to final 50 S5.C.6.c.v Y approval or occupancy to ensure proper installation of permanent stormwater facilities. Verified a maintenance plan is completed and responsibility for maintenance is assigned for 51 S5.C.6.c.v Y projects prior to final approval and occupancy being granted. Number of enforcement actions taken during S5.C.6.c. the reporting period (based on construction 52 viii 3 phase inspections at new development and redevelopment projects per S5.C.6.c.ii-iv). Achieved at least 80% of scheduled 53 S5.C.6.c.vi Y construction -related inspections. Made Ecology's Construction Stormwater General Permit Notice of Intent and the 54 S5.C.6.d Y Industrial Storm water General Permit Notice of Intent available to representatives of proposed new development and redevelopment? All staff whose primary job duties are implementing the program to control stormwater runoff from new development, 55 S5.C.6.e Y redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement, are trained to conduct these activities? Operations and Maintenance Page 9 of 14 2022 NPDES Annual Report City of Federal Way Implemented maintenance standards that are as protective, or more protective, of facility function than those specified in the Stormwater 56 S5.C.7.a Y Management Manual for Western Washington or a Phase I program approved by Ecology per S5.C.7.a? Updated maintenance standards specified in the 57 S5.C.7.a N/A Stormwater Management Manual for Western Washington per S5.C.7.a? (Required by June 30, 2022) Applied a maintenance standard for a facility or facilities which do not have maintenance standards specified in the Stormwater 58 S5.C.7.a Y; Modular Wetlands Management Manual for Western Washington? If so, note in the Comments field what kinds of facilities are covered by this alternative standard. Verified that maintenance was performed per the schedule in S5.C.7.a.ii, when an inspection 59 SS.C.S.a.ii N identified an exceedance of the maintenance standard. Attach documentation of maintenance time 59a S5.C.7.a.ii Attachment 8 frame exceedances that were beyond the Permittee's control. Implemented an ordinance, or other S5.C.7.b.i enforceable mechanisms, to verify long-term 60 (a) Y operation and maintenance of stormwater treatment and flow control BMPs/facilities regulated by the Permittee? S5.C.7.b.i Annually inspected stormwater treatment and 61 Y flow control BMPs/facilities regulated by the (b) Permittee? S5.C.7.b.i If using reduced inspection frequency for the 61a (b) N/A first time during this permit cycle, attach documentation. Achieved at least 80% of scheduled inspections 62 S5.C.7.b.ii Y to verify adequate long-term O&M. Annually inspected all municipally owned or 63 S5.C.7.6 Y operated stormwater treatment and flow control BMPs/facilities? Number of known stormwater treatment and 63a S5.C.7.6 578 flow control BMPs/facilities owned or operated by the Permittee. 63b S5.C.7.6 485 Number of facilities inspected during the reporting period. Page 10 of 14 2022 NPDES Annual Report City of Federal Way Number of facilities for which maintenance was 63c S5.C.7.6 410 performed during the reporting period. If using reduced inspection frequency for the 64 S5.C.7.c.i N/A first time during this permit cycle, attach documentation. Conducted spot checks and inspections, if 65 S5.C.7.c.ii Y necessary, of potentially damaged stormwater facilities after major storms. Inspected catch basins owned or operated by 66 S5.C.7.c.iii Y the Permittee every two years or used an alternative approach? Number of known catch basins? 66a S5.C.7.c.iii 12,987 Number of catch basins inspected during the 66b S5.C.7.c.iii 6,137 reporting period? Number of catch basins cleaned during the 66c S5.C.7.c.iii 1137 reporting period? Attach documentation of alternative catch basin 67 S5.C.7.c.iii N/A cleaning approach, if used. (S5.C.5.d.i or ii) Implemented practices, policies, and procedures to reduce stormwater impacts associated with 68 S5.C.7.d Y runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. Documented practices, policies, and procedures to reduce stormwater impacts associated with 69 S5.C.7.d N/A runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (Required by December 31, 2022) 69a S5.C.7.d N/A Cite documentation in Comments field. Implemented an ongoing training program for Permittee employees whose primary 70 S5.C.7.e Y construction, operations, or maintenance job functions may impact stormwater quality. Implemented a Stormwater Pollution Prevention Plan (SWPPP) for all heavy equipment maintenance or storage yards, and material 71 S5.C.7.f Y storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. Updated, if needed, SWPPPs according to 72 S5.C.7.f Y S5.C.7.f no later than December 31, 2022. Page 11 of 14 2022 NPDES Annual of Federal W Source Control Program for Existing Development *Questions 73-74a are required by August 1, 2022 Adopted ordinance(s), or other enforceable documents, requiring the application of source 73 S5.C.8.b.i N/A control BMPs for pollutant generating sources associated with existing land uses and activities per S5.C.8.b.i. Cite ordinance in Comments field. Established an inventory of sites for source 74 S5.C.8.b.ii N/A control inspections per S5.C.8.b.ii. Number of total sites identified for the 74a S5.C.8.b.ii N/A inventory. *Questions 75 — 79 are required by January 1, 2023 Implemented an inspection program per 75 S5.C.8.b.iii N/A S5.C.8.b.iii. Implemented a progressive enforcement policy 76 S5.C.8.b.iv N/A per S5.C.8.b.iv. S5.C.8.b. Attach a summary of actions taken to implement 77 N/A the source control program per S5.C.8.b.iii and iii-iv S5.C.8.b.iv. Attach a list of inspections, per S5.C.8.b.iii, 78 S5.C.8.b.iii N/A organized by business category, noting the number of times each business was inspected and if enforcement actions were taken. Implemented an ongoing source control training 79 S5.C.8.b.v N/A program per S5.C.8.b.v? Compliance with Total Maximum Daily Load Requirements Complied with the Total Maximum Daily Load 80 S7.A N/A (TMDL)-specific requirements identified in Appendix 2. List any requirements that were not met. 80a S7.A N/A For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 81 S7.A N/A activities to address the applicable TMDL parameter(s). Monitoring and Assessment Submitted payment for cost -sharing for Stormwater Action Monitoring (SAM) status and 82 S8.A.1 y trends monitoring no later than December 1, 2019; and no later than August 15 of each subsequent year. Page 12 of 14 2022 NPDES Annual Report City of Federal Way Notified Ecology by December 1, 2019, which 83 S8.A.2 Y option you selected: S8.A.2.a or S8.A.2.b. Submitted payment for cost -sharing for SAM effectiveness and source identification studies 84 S8.B.1 Y no later than December 1, 2019; and no later than August 15 of each subsequent year. Notified Ecology by December 1, 2019, which 85 S8.6.2 Y option you selected: S8.B.2.a or S8.13.2.b. If conducting stormwater discharge monitoring 86 S8.C.1.b N/A in accordance with S8.C.1, submitted a QAPP to Ecology no later than February 1, 2020? If conducting stormwater discharge monitoring in accordance with S8.C.1, attach a data and 87 S8.C.1 N/A analysis report per S8.C.1 and Appendix 9. (Due annually beginning March 31, 2021) General Conditions and Compliance with Standards Notified Ecology in accordance with G3 of any discharge into or from the Permittee's MS4 88 G3 Y which could constitute a threat to human health, welfare, or the environment. Took appropriate action to correct or minimize 89 G3.A Y the threat to human health, welfare, and/or the environment, per G3.A. Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's 90 S4.F.1 Y MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. If requested, submitted an Adaptive 91 S4.F.3.a N/A Management Resp59aonse report in accordance with S4.F.3.a. Attach a summary of the status of implementation of any actions taken pursuant 92 S4.F.3.d N/A to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. Notified Ecology of the failure to comply with 93 G20 Y permit terms and conditions within 30 days of becoming aware of the non-compliance. Number of non-compliance notifications (G20) provided in reporting year. List permit 94 G20 N conditions described in non-compliance notification(s) in the Comments field. Page 13 of 14 2022 NPDES Annual Report Citv of Federal W Page 14 of 14 2022 NPDES Annual Report - Attachment 2 City of Federal Way Attachment 2 - Stormwater Management Program Plan Update Introduction The National Pollutant Discharge Elimination System (NPDES) Permit Program is a requirement of the Federal Clean Water Act intended to protect and restore waters for "fishable and swimmable" uses. The Federal Environmental Protection Agency delegated permitting authority to state environmental agencies. In Washington, the NPDES-delegated authority is the Washington State Department of Ecology (Ecology). The City of Federal Way (City) operates a Municipal Separate Storm Sewer System (MS4) that served less than 100,000 people at the time of permit issuance. This designates Federal Way as a "Phase II" community, meaning the City must comply with Ecology's NPDES Western Washington Phase II Municipal Stormwater Permit (Permit). The first Permit was issued to the City in 2007, and the current, updated Permit was issued in July 2019 and became effective as of August 1, 2019. The Permit allows municipalities to discharge stormwater runoff from the MS4 into the State's water bodies (e.g., streams, rivers, lakes, wetlands, Puget Sound, etc.) as long as municipalities implement measures to protect water quality to the "maximum extent practicable" through the application of best management practices (BMPs). As specified in the Permit, these required practices are implemented as outlined in the City's Stormwater Management Program Plan (ESP). The ESP focuses on the use of All Known and Reasonable Technologies (AKART) to reduce the discharge of pollutants into receiving water bodies, protect surface waters from water quality degradation, and conserve aquatic ecosystems. The Permit Section S5.A.2 requires that the City detail "activities for the upcoming calendar year" in order to meet Permit requirements. These activities are documented within the ESP, and organized according to the following program components as outlined in the Permit: • Stormwater Planning (S5.C.1) • Public Education and Outreach (S5.C.2) • Public Involvement and Participation (S5.C.3) • MS4 Mapping and Documentation (S5.C.4) • Illicit Discharge Detection and Elimination (S5.C.5) • Controlling Runoff from New Development, Redevelopment, and Construction Sites (S5.C.6) • Operations and Maintenance (S5.C.7) • Source Control Program for Existing Development (S5.C.8) • Monitoring and Assessment (S8) Details about each of these activities follow in the rest of this Update. NOTE: In 2021, many permit -required activities were affected by the covid-19 global pandemic and social distancing policies resulting from the crisis. Notes are made throughout this Plan Update to identify which programs were affected or suspended due to covid-19. Some programs were deemed essential under covid- 19 policies and were thus unaffected, such as infrastructure inspections and maintenance, development services, and IDDE and source control inspections. Page 1 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Stormwater Planning The Environmental Services (ES) Division began preparing for the new Stormwater Planning Program Permit requirements by including the applicable milestones and deadlines in the ES Comprehensive Plan update, completed by Herrera Environmental Consultants (Herrera) in 2019. ES looks forward to expanding its stormwater planning efforts to better address high -priority sub -basins in Federal Way and develop actionable steps for improving watershed health in the community. SS.C.1.a: Convene an Inter -disciplinary Team for the Stormwater Planning Program The development of an interdisciplinary team was required as part of the Low Impact Development (LID) code review and revision process for the 2013-2019 Permit. This inter -disciplinary team also provided feedback during the Surface Water Management (ES) Comprehensive Plan kickoff meeting in 2018. In 2020, ES staff reviewed the inter -disciplinary team membership and convened the first team meeting to discuss Stormwater Planning Program efforts. The inter -disciplinary team convened again in 2021 to discuss the Comprehensive Plan, the SMAP, and the ESP. S5.C.1.b: Coordinate with Long -Range Plan Updates to Address Water Quality In 2020, ES staff began an analysis of coordination with long-range planning efforts during the 2013-2019 permit cycle. This analysis was completed in 2021 by the March 31 deadline. S5.C.1.c: Continue Requiring LID Principles and BMPs When Updating City Codes & Standards Per the 2013-2019 Permit requirement, the City reviewed the following documents and code for the initial LID code review in 2016: • Federal Way Revised Code (FWRC) • King County Stormwater Design Manual (KCSWDM) • Federal Way Addendum to KCSWDM • Table 1 Development Standards (2015 Development Standards Manual) • King County Stormwater Pollution Prevention Manual • LID Manual Puget Sound The City's Development Services Division continues to review and revise Development Standards in accordance with LID principles, and in 2020 worked to revise the standards for municipal roadway cross - sections to align with LID standards. ES has continued to work with Development Services to update, as needed, stormwater infrastructure design and BMP standards, and in 2021 began a revamp the Federal Way Development Standards, approved a pilot test installation of a Ballasted sidewalk (LID standards), and reviewed the inspection program called Headlight to allow for standardization of inspection reports across Public Works. Page 2 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way S5.C.1.d.i: Document and Assess Receiving Waters and Create a Watershed Inventory In 2019, Herrera prepared a Basin Characterization Technical Memorandum as part of the ES Comprehensive Plan update. This Memorandum was reviewed and revised by ES staff as needed in 2021 to document and assess receiving waters and create a watershed inventory, as per the requirement due in early 2022. S5.C.1.d.ii: Develop and Implement a Receiving Water Prioritization Method and Process In 2019, Herrera also began preparing a Receiving Water Prioritization Method and Process as part of the ES Comprehensive Plan update. Concurrent with the Basin Characterization Technical Memorandum, ES staff will update this framework as needed to meet Permit requirements and will be submitted prior to the June 2022 deadline. SS.C.1.d.iii: Develop a Stormwater Management Action Plan (SMAP) for at Least One High Priority Catchment Area Upon completion of the Basin Characterization Technical Memorandum and Receiving Water Prioritization Framework, the City will identify one high priority catchment area for which a Stormwater Management Action Plan (SMAP) will be developed in 2022, and submitted by the March 2023 deadline. Page 3 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Public Education and Outreach The Environmental Services Division (ES) provides ongoing public education and outreach designed to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. ES staff utilize a variety of approaches to inform targeted audiences about stormwater issues and provide specific actions people can follow to minimize stormwater pollution. S5.C.2.a.i-ii: Implement an Education and Outreach Program to Build General Awareness and Affect Behavior Change for the Area Served by the City's MS4 The COVID-19 pandemic significantly impacted 2021 activities. However, even with the public gathering restrictions placed by the Governor's Office through June 30, 2021, and Center for Disease Control recommendations, the City of Federal Way was able to meet the permit requirements for public education and outreach. During the pandemic, the City focused its outreach efforts on building relationships in the community, planning and refining existing programs, and creating COVID pod -friendly and virtual activities. These efforts required the City to be nimble and adopt new techniques, many of which proved to be very successful. A summary of educational activities that occurred in 2021 and that are scheduled for 2022 is provided as follows: • Continue to sponsor the salmon release event in the spring for the Storming the Sound with Salmon (SSS) program and make meaningful changes to the program's implementation. Tank cleanings were performed by ES staff in summer 2021 at each school to ensure tanks and equipment were properly maintained and stored during the program's hiatus. The 2021 SSS release event was canceled due to the covid-19 pandemic. Planning for the 2021- 22 school year began in Fall 2021. Staff are currently working with Federal Way Public Schools staff to prepare scenarios for either an in -person event or a live virtual event based on COVID-19 safety requirements. Either way, in Spring 2022, the release event will be a grade -level experience for all 4th graders, as intended by the new curriculum developed in 2019. This improvement will allow staff to make the event focus on grade -level expectations and better align with Next Generation Science Standards. • In 2019, ES staff completed the 2013-19 Permit Cycle Spill Analysis that helped inform which businesses to select for future participation based on the potential for, or known history of, prohibited discharges and spill events. In 2020, ES staff targeted outreach to businesses with a high potential for generating stormwater pollutants and are prone to spills, such as restaurants and auto repair and paint shops. The Environmental Coalition of South Seattle (ECOSS) also provided training Page 4 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way in multiple languages to employees for whom English is a learned language to better implement spill kit awareness. In 2021, ECOSS planned to do the following but postponed to 2022 due to Covid: Provided up to 2 new businesses with spill kits and spill response training Provided at least 20 follow up outreach visits with post -service surveys from work in 2020 Produced a spill response training video in Russian for businesses with limited English proficiency. In 2022, ES staff will continue to partner with (ECOSS) to provide stormwater education and free spill kits to businesses in the automotive and restaurant industries. ES will also continue utilizing the annual Spill Analysis to inform which businesses to select for future participation in the ECOSS program based on the potential for, or known history of, prohibited discharges and spill events. Outreach staff sent out 12 e-newsletters in 2021 that reached 790 unique contacts with 15,054 sends. The e-newsletters highlighted stormwater best management practices such as natural yard care, rain barrels, and gardening as a way to create permeable surfaces. Continue to produce e- newsletters that address various topics on pollution prevention and general awareness of stormwater related issues. ES will contribute to a shared department -wide monthly e-newsletter in 2022. This enables ES to reach a wider audience and to provide more time -sensitive information related to upcoming events and Permit -related issues. Continue to sponsor stormwater and environmental related workshops. In 2021, ES hosted 12 Green Living Workshops on topics such as natural yard care, green cleaning, and rain barrels. In 2020, the program went virtual to engage a wider audience and increase accessibility to the workshops during the COVID-19 pandemic. Participation in the virtual platform substantially increased over the in - person workshops. As a result, the City plans to continue holding regular Green Living Workshops virtually in 2022 with the addition of in -person workshops for more interactive topics. The free car wash kit check-out program at City Hall has two special kits available that pump wash water into the sanitary sewer system, keeping pollution out of local surface waters. All Federal Way charities and groups may borrow these kits at no charge. The program was suspended in 2020 but will be promoted and available, pending COVID-19 restrictions, in 2022. Outreach staff refreshed the pet waste campaign with new outreach material. In -person stormwater outreach was limited in 2021 due to COVID-19. ES staff partnered with the City of Federal Way Department of Parks and Recreation for an outdoor distanced "movie night." A public service announcement to "scoop the poop" with a video of "Dog Doogity" (created by "Puget Sound Starts Here") was presented as a trailer (appended onto the movie). In addition, outreach staff engaged with movie-goers playing a poop toss trivia game. ES staff spoke to over 65 regarding the importance of picking up pet waste. Page 5 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way • In 2021, staff promoted the Scoop the Poop message online through social media and newsletters. In 2022, ES will continue promoting the campaign message online and through regional partnerships. ES staff are working with Public Health Seattle & King County, City of Des Moines, and Washington State Parks staff to explore opportunities to expand the program in 2022, including a new pet waste survey and pet waste bin installation. • Continue to partner with City and department -wide efforts to strengthen social media marketing efforts in 2022. Increase posts on the City's Facebook lway page to average multiple posts per week and begin posting on the City's puget Sn ndV Instagram account. ES will use the posts to reach a broader segment of the startsHer- City's residents, advertise events, promote programs, and post related news and events from other sources to increase awareness of stormwater related issues. Staff will strategically boost posts to reach a larger, locally -targeted audience. • Continue to expand the number of education and outreach materials offered in languages besides English. In 2020, ES began advertising the ESP public input meeting in both English and Spanish for the first time and made interpreters available upon request. In 2022, the City website will advertise for the ESP public comment period in English, Arabic, Russian, Somali, Spanish, Ukrainian, Vietnamese, and Korean. • In 2020, ES staff partnered with the City's Arts Commission and the Diversity Commission to initiate Phase I of the Storm Drain ArtWalk Project. The project's goal is to use public art around storm drains to increase education and awareness about the role of storm drains in our community. ES staff also partnered with Parks Department to develop a mapped walking path based on the storm drain art installations to help promote the program and provide a fun outdoor activity. The project's initial phase involved recruiting local artists to paint stormwater-themed murals on 4-6 storm drains within the "downtown core" of Federal Way. The project was put on hold for 2021 due to the COVID-19 pandemic. In 2022 Staff will explore resuming the program. • Outreach staff distributed one thousand paint sticks to 5 local paint stores. The goal of the paint sticks was to remind painters OnEy Rain Down the DraiW to wash paintbrushes properly based on the type of paint and never over storm drains. The paint sticks also provided the Report Spills to 253-835-27001:�Eyesspills hotline phone number. Paint stores that responded to a survey said they participated in the paint sticks program because it shows customers that they care about the community and environment. Also, when asked what would help them better inform customers about the message on the paint sticks, they would want brochures about proper paint disposal and a short training for employees about stormwater. • ES staff designed and installed twenty-five new metal road signs with the appropriate watershed name and the message "Protect Our Waters." The signs are intended to promote awareness of Page 6 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way surface water and educate the public about their local watersheds. • Staff shared the "Don't Drip and Drive" campaign through e-newsletter and social media. In 2022 ESS staff will continue to share the message on digital platforms and host in -person car leak checks at locations such as recycling events and multi -family complexes, as safety allows. SS.C.2.a.iii: Provide and Advertise Stewardship Opportunities • In 2019, ES staff implemented a new Stream Team program where volunteers receive training and test local water quality throughout the year. Due to COVID-19 policies, volunteers discontinued monitoring in 2020 and early 2021 as City Hall was inaccessible to the public. ES resumed monitoring during Fall 2021. New volunteers attended one training virtually and one out in the field. This group will test local waterways regularly in 2022, and a new group will receive training in Fall 2022. The City suspended volunteer events in 2021 due to COVID-19. ES plans to host two volunteer events open to the public in 2022 that encourage participation in stewardship activities, if possible, within safety guidelines. Activities may include storm drain marking, storm drain marker mapping, removing invasive plants species, planting native vegetation, and removing garbage and debris from local waterbodies. Protect k441!� Our „ Waters Hylebos Watershed • The storm drain marking program continued and was updated in 2021. The updated program focused on storm drain stenciling instead of curb marking with pre -created adhesive markers. Volunteers carried educational brochures to share with the public. Twenty-seven volunteers stenciled storm drains, and each volunteer made additional contacts. Each stenciler talked to an average of 8.6 people. Storm drain marking will continue in 2022, with volunteers adding and tracking curb markers and stencils. • In 2019, the City partnered with the Lake Observations by Citizen Scientists & Satellites (LOCSS) program, run by the University of Washington, University of North Carolina Chapel Hill, and NASA, to install two lake level gauges in Federal Way. The gauges were installed at Steel Lake and North Lake. The program's goal is to use citizen scientists to better understand how and why lake levels change over time. In 2021 citizen scientists reported lake level data 254 times between the two sites (71 North Lake; 183 Steel Lake). In 2022 the gauges will remain in place, and data will continue to be collected. Page 7 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Public Involvement & Participation The City encourages the public and interested parties to participate in the decision -making process involving the development and implementation of NPDES Permit related activities and programs. S5.C.3.a: Create Opportunities for the Public to Participate in the Development, Implementation, and Update of the City's SMAP and ESP Opportunities for public participation in the development of the ESP update include the following: • Feb. 1— Mar. 1, 2022: Public comment period on the City's Storm Water Management Program (ESP) Plan advertised through the City's website and e-newsletters; • March 7, 2022: Land Use and Transportation Committee meeting (virtual); • March 15, 2022: City Council meeting (virtual). The Council reviews the programmatic and policy changes proposed under the ESP and allows public comment on all agenda items. Opportunities for public participation in the development of the SMAP will be considered and planned by the inter -disciplinary team. S5.C.3.b: Post the ESP Plan and Annual Report on the City's Website • The City's Surface Water Management webpage displays the updated ESP and the Annual Report. Opportunity for public comment and participation is made possible via e-mail year-round. Page 8 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way MS4 Mapping and Documentation The City of Federal Way works to maintain the most up-to-date and accurate maps possible for the City, the MS4, and private connections (commercial and residential) into the MS4. These maps assist with stormwater system operations and maintenance, private and public stormwater system inspections, IDDE source tracing and identification, and mitigating potential downstream impacts of stormwater pollution. S5.C.4.a: Maintain Ongoing Mapping Data In 2021, ES performed routine updates to the MS4 mapping based on the City's Video Inspection Program findings, new development or redevelopment as-builts, and field verifications from utility locates. These efforts will continue in 2022. SS.C.4.b: Update Outfall Mapping & Complete Mapping of All Known Connections from the MS4 to Privately Owned Stormwater Systems Outfall inspections aimed at updating classifications (primary/secondary) and improving map accuracy started in September 2018 and are completed annually. Once inspections are completed, the results are forwarded to GIS staff to include in the main database. Missing information on outfall size and materials are collected during the inspection process and are added to GIS to ensure comprehensive infrastructure mapping. In 2022, ES will be verifying all mapped connection points from the MS4 to privately owned stormwater systems in GIS. New, private stormwater infrastructure is updated in GIS on an ongoing basis, ensuring the most complete and up-to-date map at any given time. Mapping updates are noted for action by ES staff when undocumented infrastructure is found through the source control, IDDE, and private commercial site program inspections. Additionally, any new development or construction that connects a private system to the public MS4 is mapped when the as-builts are submitted to ES staff from the Development Services Division. S5.C.4.c: Utilize Electronic Format for Mapping The City has utilized GIS data and mapping since 1997. The City uses ESRI ArcGIS (Enterprise 10.6.1, Desktop 10.6.1, Pro 2.4.3) and AutoDesk AutoCAD (2019, Civil 3D 2019) for electronic mapping. In 2021, ES staff completed documenting mapping standards, nomenclature, and processes ensuring fully described mapping standards by the August 1, 2021 deadline. S5.C.4.d-e: Provide Mapping Information, Upon Request, to Ecology, Indian Tribes, Municipalities, and Other Permittees Mapping requests from the public, Ecology, Indian Tribes, Municipalities, and Other Permittees are met on an ongoing basis. Page 9 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Illicit Discharge Detection & Elimination Federal Way maintains a robust Illicit Discharge Detection & Elimination (IDDE) Program designed to prevent, detect, characterize, trace, and eliminate illicit connections and illicit discharges into the MS4. S5.C.S.a: Include Procedures for Identifying, Reporting, Correcting, and Removing Illicit Discharges and Illicit Connections in the IDDE Program In 2021, the ES Water Quality Section continued to update, as needed, the City's IDDE Field Procedures and Response Plan (Plan) that outlines procedures for identifying, reporting, correcting, and removing illicit discharges and illicit connections. In late 2018, the Plan was updated to include more consistent and timely enforcement measures to facilitate compliance and correct illicit discharges and corrections. In 2022, updates continue to be made to the enforcement sections of the Plan to include an abatement policy for sites that require immediate corrective action or are continually non -compliant. In March of 2020, the ES Water Quality Section began to use NPDESPro Software to record IDDE investigations and continuously update the Plan to reflect current procedures. In 2021 ES integrated illicit discharge procedures and development code violations for failed erosion control measures into one action. S5.C.5.b: Inform Public Employees, Businesses, and the General Public about the Hazards Associated with Illicit Discharges and Improper Disposal of Waste In 2021, ES staff expanded education and outreach efforts to multiple stakeholders regarding the various hazards associated with illicit discharges and improper waste disposal. In 2022, ES staff will continue to review and revise these efforts, which include: • Utilizing the updated IDDE Field Procedures and Response Plan for all incoming public employees to introduce them to the program and orient them with City procedures for investigating, identifying, enforcing, and eliminating illicit discharges and illicit connections; Increasing the volume of technical assistance letters issued due to IDDE and source control investigations where the potential for prohibited discharges exists. These letters contain information about City Code regarding prohibited discharges, City enforcement policies and procedures if prohibited discharges do occur, and information regarding operational and structural BMPs that can assist with prohibited discharge prevention; • Placing educational stickers on dumpsters during routine source control site inspections that remind businesses and multi -family housing establishments to close their dumpster lids to avoid leachate and other prohibited discharges; • Emphasizing the harmful effects of stormwater pollution when presenting to the general public at booths and other local tabling events (to be resumed potentially in summer 2022) and providing educational materials to citizens about residential BMPs, such as vehicle washing and proper pet waste disposal, and notifying them about City and County programs, such as the City's car wash kits and King County's hazardous waste disposal resources; Page 10 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way • Educating participants in the City's Stream Team Program about the hazards of illicit discharges during the initial classroom training for inclusion in the program that occurs annually; and • Conducting education and outreach about illicit discharges through the Environmental Coalition of South Seattle (ECOSS) program that assists private businesses in the City with implementing and maintaining spill prevention and elimination procedures and spill kits. • In 2021, the City launched a Paint Stick program that involved working with local paint businesses by providing them with free paint sticks that had printed information on the disposal of paint and reporting spills on the paint stick. • In 2022, the City will launch a Don't Drip and Drive event for the general public and multi -family residents to educate the public regarding proper vehicle maintenance to reduce non -point source pollution. In 2020 a Public Works Department Communications Team began working to engage the general public in understanding what work the Public Works Department does in the community and create more visible and accessible modes for citizens to report issues found within the City, including illicit discharges. In December 2020, the City launched SeeClickFix, a mobile app that allows the public to easily report issues (including spills or other water quality issues) directly from their phone. In 2021, the Public Works Communications team collaborated with the IT Department to discuss the marketing of the app to the public. In 2022, ES staff will continue to utilize SeeClickFix to receive spill reports from the public. SS.C.S.c: Implement an Ordinance or Other Enforceable Mechanism to Prohibit Illicit Discharges into the City's MS4 City Ordinance 09-619 prohibits non-stormwater discharges into the City's MS4, and Federal Way Revised Code (FWRC) Chapter 16.50 lists prohibited, allowable, and conditional discharges into Federal Way waters and storm drainage systems. Examples of illicit discharges include trash, food wastes, construction materials, petroleum products, sewage, paint, pesticides, fertilizers, soap, and sediment. The ES Water Quality Section implements escalating enforcement procedures and actions pursuant to those outlined in FWRC Chapter 1.15. In 2021, ES continued implementing the updated 2018 enforcement procedures to achieve more efficient compliance. These measures include enforcing monetary penalties for violators who continually fail to comply. In 2020, ES staff drafted an abatement procedure into the enforcement section of its IDDE program to further assist with compliance and will work on getting it finalized and approved by the end of 2022. In 2021, ES staff began the process of incorporating language into the City's code to make BMPs enforceable as required by the Permit. SS.C.S.d-e: Implement an Ongoing Program to Detect, Identify, and Address Illicit Discharges, Including Spills and Illicit Connections, into the City's MS4 In 2021, the City met the Permit requirement to screen at least 40 percent of the City's stormwater system Page 11 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way for illicit connections through recurring source control, video, and stormwater facility inspections. This program is ongoing, and in 2022 ES staff will: • Continue to inspect private commercial stormwater systems that discharge into the City's MS4 to ensure maintenance complies with standards outlined in the Permit. ES Staff incorporates an education and outreach program into the commercial site inspection program. This component provides advance notice and site -specific information of stormwater systems to property owners and their representatives. In addition, the outreach program provides information on BMPs targeted at each site's commercial activities and land use. In 2021, ES staff continued to emphasize source control best practices, operational and structural, to help commercial property owners better understand how to prevent prohibited discharges on a short and long-term basis. This year, staff will work to incorporate more feedback mechanisms from property owners and managers to ensure outreach methods and materials are accessible and effective and will use the collected data to update outreach efforts for commercial sites. • Continue to collect and analyze data on commercial site inspection results, enforcement actions, water quality violations, and compliance timelines to better inform commercial site and source control inspections. In 2018, data was collected and analyzed for the 2013-18 Permit Cycle to prioritize sites for future inspection. The data includes land use, compliance history, and pollution risks associated with each site. In 2019, this analysis was updated to include the first half of 2019 to create a complete 2013-19 Permit Cycle evaluation. In 2022, this analysis will be updated yet again to create a comprehensive, multi -year analysis that will continue to be updated annually. • Continue to utilize this annual data analysis to evaluate hot spots in the City for illicit discharges, as the analysis is broken down by type of discharge, drainage basin, and year. The results of this analysis will continue to be used in 2022 to assist staff in identifying seasonal and geographic trends in repeated water quality violations. This analysis, coupled with the evaluation of enforcement actions and compliance timelines, will allow ES Staff to bettertarget outreach and technical assistance efforts to reduce common illicit discharges. • Continue to use NPDESPro, a web -based data management platform, to report illicit discharges and connections, track staff response logs, and document enforcement actions. In spring 2020, staff finalized the initial phase of data migration and staff training for the Water Quality Section and Surface Water Inspectors. Following this start-up period, ES staff began utilizing NPDESPro for recordkeeping and reporting on private commercial site inspections, IDDE inspections, and source control inspections. In 2021, ES staff drafted and approved a multi -year contract with NPDESPro and adopted Version 3.0 of the platform. S5.C.5.: Provide IDDE Staff Training ES staff will continue to provide annual training to all City of Federal Way field staff and police personnel in the identification of illicit discharges and notification to appropriate authorities. Additionally, all maintenance personnel, ES Water Quality staff, and ES Inspectors are trained annually in spill response and first responder hazard awareness. ES staff will continue to review field procedures for identifying, tracing, reporting, and documenting all reported illicit discharges. In 2019, ES staff developed a training document and reporting procedure for South King Fire & Rescue (SKFR) staff regarding illicit discharges resulting from firefighting activities. In 2020, ES staff reviewed and updated primary training materials to emphasize proper notification procedures regarding illicit discharges. In 2021, ES staff incorporated a "Train the Trainer" model for Police Page 12 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way personnel. In 2022, ES staff will continue to update the training material for City staff. S5.C.5.g: Track and Maintain Records of IDDE Program Activities In 2020, ES staff began utilizing NPDESPro to track and record all reported water quality violations. Associated documents, including photographs, site maps, correspondence, legal actions, and final resolution are housed in the Surface Water Management network drive. Commercial site inspections and source control inspections are also tracked in NPDESPro, and active construction sites are tracked through the City's permitting system, AMANDA. In 2019, Public Works Inspectors began tracking interim TESC inspections of active construction sites within VUEWorks. In 2021, ES staff continued utilizing NPDESPro for all recordkeeping activities associated with IDDE investigations, private commercial site inspections, and source control inspections. In 2022, ES staff will continue using NPDESPro for IDDE records. Page 13 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Controlling Runoff from New Development, Redevelopment, & Construction Sites Construction site runoff is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue, the City adopted the current King County Stormwater Design Manual and the City of Federal Way Addendum in 2021. Changes were made to development -related standards in 2016 to make Low Impact Development (LID) the preferred and commonly used approach in site development. S5.C.6.a-b: Implement an Ordinance or Other Enforceable Mechanism to Address Runoff from New Development, Redevelopment, and Construction Sites Federal Way Public Works Development Standards (codified under FWRC 19.135.130), and the King County Stormwater Design Manual (as amended and adopted under City Ordinance 21-922), include minimum requirements for stormwater design and construction for the protection of water quality and the reduction of pollutant discharge. S5.C.6.c:Apply a Permitting Process with Site Plan Review, Inspection, and Enforcement Capability for New Development, Redevelopment, and Construction Sites In 2022, the Public Works Development Services Division will continue implementing the City's permitting process, including civil/site plan review and approval for compliance with City of Federal Way standards. In 2020, the plan review went virtual due to remote work conditions. This may continue through 2022. Public projects in the right-of-way that trigger local permits will also continue to be reviewed by internal stormwater engineers. During construction, Public Works staff will continue to conduct weekly site inspections to ensure the implementation of proper temporary erosion and sediment control (TESC) BMPs. City inspectors have the authority to enforce TESC standards for both private and public projects to reduce pollutants in stormwater runoff to the MS4 and surface waters that originate from new development, redevelopment, and construction site activities. ES staff will also continue reviewing and approving Spill Prevention Plans (SPPs) for sites requiring them and ensure future adherence to these SPPs during subsequent inspections. In 2019, Development Services staff updated the City's Development Standards, including a review of planned LID criteria. This review is part of the City's effort to require LID principles and LID BMPs to make it the preferred and commonly used approach to site development. In 2022, City staff will continue the ongoing revision process of the Development Standards to improve clarity and review potential updates to LID criteria, including a requirement that municipal roadway cross -sections align with LID standards. Staff finalized their revisions in early 2022 in anticipation of releasing the updated Development Standards in 2022. The City has an ongoing program to verify that long-term operation and maintenance (O&M) of post - construction stormwater facilities and BMPs are implemented. The City requirements for maintenance standards are identified under the 2021 King County Stormwater Design Manual Appendix A, Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. In 2022, Public Works staff will Page 14 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way continue post -construction inspections prior to the release of warranty bonds and will review post - construction inspection procedures in conjunction with the Development Standards update. Furthermore, Public Works staff will work on implementing increased site assessment procedures that align with the updated Department of Ecology standards for new development, redevelopment, and construction activities on plats, single-family, and commercial sites. S5.C.6.d: Provide Notice of Intent (NOI) for Proposed New Development and Redevelopment The City includes notification of the requirement to meet NOI in the pre -application comments, during the review for land use, and during plan review for building permit phases depending on the project. The development services project manager makes periodic inquiries to the online permit to verify compliance. S5.C.6.e: Ensure Staff Training for Implementation of Runoff Control Program Plan reviewers are managed by a licensed professional engineer, and all City staff responsible for approval and inspection of new development, redevelopment, or construction are certified in Construction Erosion and Sediment Control Lead (CESCL). City inspectors are also sent through the Washington Department of Transportation Local Technical Assistance Program (LTAP) for construction inspection\ and documentation training, and in 2020 were also sent to the American Public Works Association (APWA) Construction Inspection Training. In 2022, the APWA Construction Inspection Training will continue for newly hired construction inspectors. Furthermore, in 2020 management updated and expanded training for plan reviewers, including refresher training for experienced plan reviewers, and will begin planning for training opportunities for incoming plan reviewers in 2022. In 2022, management will also continue researching training opportunities for inspectors regarding soil classification and analysis. Page 15 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Operations & Maintenance ES has an ongoing program to reduce stormwater impacts associated with the maintenance and operations of City streets, facilities, and properties. The program applies to drainage infrastructure, which includes catch basins, pipes, open channels, residential and regional retention/detention ponds and facilities, filter vaults, coalescing plates, dams, vortexes, snouts, and tanks. S5.C.7.a: Implement Maintenance Standards • In 2021, ES maintenance personnel will continue to implement maintenance standards as outlined in the amended and adopted 2016 King County Stormwater Design Manual, which includes Appendix A: Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. All inspection forms utilized in routine stormwater system inspections are created using Appendix A as a guide. Effective 12/12/2021, the City of Federal Way adopted the updated 2021 King County Stormwater Design Manual. • In 2020, ES added inspections of Modular Wetlands, a new feature of the City's stormwater infrastructure. Maintenance standards for the Modular Wetlands are based on vendor guidelines. S5.C.7.b: Maintain Storm water Facilities Regulated by the Permittee • In 2022, ES will continue to inspect stormwater treatment and flow control facilities regulated by the City, as required by the Permit. Facilities permitted by the City that discharge to the City's MS4 are inspected and maintained annually to verify long-term maintenance if the City was designated as the maintenance provider following construction completion. Any required repairs are recorded and scheduled in the City's asset tracking system, VUEWorks, as well as in the Surface Water Management Division's Operations & Maintenance network folder. S5.C.7.c: Maintain Stormwater Facilities Owned or Operated by the Permittee • In 2022, ES will continue to inspect known municipally owned and operated stormwater treatment and flow control facilities as required by the Permit. Control structures, retention/detention ponds, and bioswales are inspected and maintained annually. Any required repairs are recorded and scheduled in VUEWorks, the City's asset data management system. • In 2020, ES acquired two additional tablets to expand the use of mobile technology. This allows for more efficient and effective electronic recording, filing, and scheduling of inspections and inspection results. It also provides more accurate measuring and tracking of catch basin sediment levels during the annual catch basin inspections. In 2020 and 2021, ES staff worked with the City's GIS staff to update these online inspection forms on ArcCollector to better manage catch basin inspection data. In 2022, ES staff will continue using GIS ArcCollector for inspections and inputting required maintenance into VueWorks. • In 2022, ES Inspectors will continue to use the Video Inspection Program (Program) as a tool to proactively manage the stormwater system to prevent flooding, drainage problems, and other water Page 16 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way quality concerns. The program also supports several NPDES-related activities, including ongoing comprehensive mapping of the system, evaluation of management practices, and the improvement of the ability to trace spills and identify illicit connections to the MS4. In 2022, ES Inspectors will continue to assess and identify stormwater system maintenance needs based on the structural scoring system utilized through the program. In 2022, we will implement a recurring schedule for video inspections to ensure infrastructure maintenance needs are fully supported. • ES Staff will continue to inspect facilities vulnerable to surface water related problems before, during, and after major storm events to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. • ES will continue to inspect and clean (when necessary) catch basins owned by the City. In 2018, ES incorporated an annual assessment into the City's catch basin inspection program. Annual assessments include a review of the City's circuit schedules, actual inspection results, cleaning and maintenance records, new development or redevelopment schedules, changes in commercial use, and an evaluation of the previous year's snow and ice operations. ES will use this assessment to adjust the City's circuits to comply with the requirements of an alternate inspection schedule under this Permit cycle. • Upon reviewing historical inspection program data in 2019, ES staff concluded that Permit requirements could be better met with a new inspection program that separates the City into Northern and Southern circuits, each containing approximately half of the City's total number of arterial and non -arterial catch basins. In 2020, ES began implementing this program by inspecting all catch basins within the Southern Circuit. In 2021, ES inspected all catch basins within the Northern Circuit and cleaned all catch basins identified as exceeding the maintenance standards within the Permit required 6-month timeframe. In 2022, ES will continue inspecting all catch basins in the Southern Circuit. • In 2020, ES inspected and cleaned all arterial catch basins within the Southern Circuit of the City that exceeded the maintenance standard. In 2021, ES inspected and cleaned all arterial catch basins within the Northern Circuit of the City that exceeded the maintenance standard. Under the new catch basin inspection program first implemented in 2020, ES inspected, cleaned, and maintained arterial catch basins within the city's northern half in 2021. In 2022, ES will continue to inspect, clean, and maintain the arterial catch basins within the respective circuits of the City (including the border streets), as noted in the map to the right. SS.C.7.d: Implement Practices, Policies, and Procedures to Reduce Stormwater Impacts Associated with Runoff from All City Owned or Maintained Lands, and City -Controlled Road Maintenance Activities • In 2018, ES Staff implemented new procedures and practices for managing the stormwater infrastructure maintenance program. Included in the updated program were changes in scheduling, tracking, and recording of maintenance activities. • In 2019, ES staff began reviewing the 2018 program, and in 2020 ES began updating the maintenance Standard Operating Procedures (SOPS) that together form the City's Maintenance Manual. Page 17 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way • In 2020, ES began reviewing Streets and Parks O&M SOPS for adherence to permit requirements to reduce stormwater impacts associated with maintenance activities. • In 2021 the City adopted the King County O&M Manual and SOPS with City supplements. S5.C.7.e: Ensure Staff Training for Operations and Maintenance Personnel • City field staff are trained annually in IDDE and spill response procedures. In 2021, field staff responsible for construction operations, street maintenance, parks, and facilities maintenance received updated training in construction BMPs, spill response, and review of Stormwater Pollution Prevention Plan (SWPPP) and TESC requirements. Maintenance crew leads also attended a Best Management Practices (BMPs) training that they shared with their crews. Licensed maintenance personnel are trained annually for pesticide/herbicide application, and this program will continue in 2022. S5.C.7.: Implement a Stormwater Pollution Prevention Plan for All Heavy Equipment, Maintenance, or Storage Yards, and Material Storage Facilities Owned or Operated by the Permittee • In 2019, ES staff reviewed and updated the Stormwater Pollution Prevention Plan (SWPPP) appendices for the Public Works/Parks Maintenance Yard Annex located at 31130 28th Avenue South. These appendices include a drainage map of the Yard, a map of material storage locations in the Yard, and Excel worksheets that document staff responsibilities, inspection results, spill events, material storage locations, associated BMPs, and staff training. In 2022, ES staff will continue reviewing and revising the SWPPP and its appendices as necessary. • In 2021, ES staff worked with the Parks Department to identify additional City -owned storage yards or facilities that may require SWPPPs, and will develop SWPPPs for these sites if necessary in accordance with Permit Section S5.C.7.f to update SWPPPs by the end of 2022. • In 2021, ES staff continued to review policies and procedures to ensure proper pollution management practices are consistently being implemented and documented, and will update the training materials provided to staff for the annual SWPPP training. In 2021, there was also an increased emphasis on regularly scheduled housekeeping at the Maintenance Yard. SS. C.7.a: Maintain Records of Operations and Maintenance Program Activities In 2020, a review of records retention and data collection was continued as part of the updated procedures and practices for operation, maintenance, and repair. In 2022, ES will continue refining the implementation plan for digitizing all O&M and repair records and standardizing maintenance records procedures. Page 18 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Source Control Program for Existing Development In recent years, ES staff has identified a growing need to include more preventative, rather than reactive, measures within the stormwater management program overall. One of the primary actions identified was to reinstate a source control inspection program within the Water Quality Section beginning in 2017. This program allows ES staff to better engage business owners in conversations about stormwater pollution, provide business -specific BMPs to prevent illicit discharges, and enforce illicit discharges if found during routine inspections. S5.C.8.a: Implement a Program to Prevent and Reduce Pollutants in Stormwater Runoff In 2017, ES staff identified a need to include more preventative actions within the stormwater management program overall. One of the primary ways identified was to resume a robust source control inspection program within the Water Quality Section. In 2017, ES staff completed a site inventory used to conduct weekly source control inspections. In 2018, 2019, and 2020, updates were made to the inventory to better capture businesses within the City with a high potential for generating stormwater pollution. In 2021, ES staff updated the source control list with additional sites and removed sites as needed. In 2022, ES staff will continue to assess and update the program to more effectively educate business owners and managers on the causes and harmful effects of stormwater pollution, what constitutes a water quality violation, and how the City enforces such violations and operational and structural BMPs tailored to their business activities that can assist with stormwater pollution prevention. S5.C.8.b.i: Adopt an Ordinance or Other Enforceable Documents Requiring Source Control BMPs The Federal Way Revised Code (FWRC) currently includes language regarding source control BMPs but does not require enforcement of those BMPs for existing sites. Enforcement occurs when a lack or failure of BMPs results in a water quality violation. In 2021, ES staff began the initial planning and code review process to determine the most effective method for adopting an Ordinance or other enforceable documents requiring source control BMPs for existing sites and will ensure adoption of this language prior to the August 2022 deadline. S5.C.8.b.ii: Establish an Inventory of Public and Private Sites with Potential to Pollute MS4 In late 2017, ES staff created an inventory of businesses with potential pollution -generating activities. The inventory includes information on the business name, business location, potential pollution sources, inspection history (dates and results), and enforcement measures taken, if any. In 2019, this inventory was updated to include all automotive -related businesses, gas stations, fast food restaurants, and sheet flow sites within the City. In 2020, ES staff continued to evaluate and revise the inventory as necessary to account for changes in land use and development or business closures. SIC codes for each business will be added to the inventory in 2021, as outlined in Permit Appendix 8. In 2021, ES staff retrieved a list of businesses from the Department of Revenue and filtered through the list to add the additional high potential for pollution businesses. In 2022, ES staff will continue to update the source control list and will add/remove businesses based on inspections. Page 19 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way S5.C.8.b.iii: Implement an Inspection Program for Pollutant -Generating Sites In late 2017, ES staff began conducting regular source control site inspections throughout the City, using the inventory for scheduling and as a recordkeeping document for inspections. In 2021, ES staff will continue conducting regular source control site inspections and will begin scheduling and documenting inspections in NPDESPro. In 2020, a total of 97% of businesses (238 of 245) were inspected within the inventory, which exceeds the future Permit requirement (January 2023) of at least 20% of businesses inspected per year. In 2021, 100% of businesses (245) were inspected within the inventory list. S5.C.8.b.iv: Implement a Progressive Enforcement Policy for Stormwater Compliance Following a source control inspection in which a potential water quality violation is observed, ES staff will issue a technical assistance letter to the business informing them about the potential violation, harmful effects of stormwater pollution, and BMPs they can implement to prevent illicit discharges from occurring. When an illicit discharge is found during a source control inspection, ES staff will issue a formal Notice of Water Quality Violation that contains similar information to the technical assistance letter, but also outlines required corrective actions to eliminate the discharge and a deadline by which to complete these actions. All of these enforcement actions are recorded in the Source Control Inspection Inventory, and if at the level of a water quality violation, are recorded in VUEWorks, the City's asset data management system. Starting in 2020, all of the source control inspection results and enforcement data were tracked in NPDESPro. In 2022, ES staff will continue tracking all source control and enforcement data on NPDESPro. SS.C.8.b.v: Ensure Staff Training for Source Control Program ES Water Quality staff in charge of source control inspections are trained annually in the source control inspection program, emphasizing inspection procedures, recordkeeping, and commercial -related BMP resources. Staff members involved with the source control program must also participate in the annual Illicit Discharge Detection and Elimination training to ensure proper identification and notification of illicit discharges if found during source control inspections. Page 20 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Monitoring A collaborative monitoring program is paid for by Western Washington NPDES Permittees, administered by Ecology, and designed to monitor and evaluate the effectiveness of the best management practices specified in the Permit. The goal of the monitoring program is to provide an unbiased assessment of whether stormwater management actions are resulting in genuine progress towards regional water quality targets. In 2022, the City will continue to pay into the collective fund and support the implementation of the three components of the Regional Stormwater Monitoring Program: • Status and trend monitoring studies to measure whether the health of lowland streams and shorelines in Puget Sound is improving or declining; • Stormwater effectiveness studies to provide widely applicable information about what best management practices work, or don't work, and how to improve stormwater management; and • Source Identification Information Repository designed to share information about source identification and elimination methods and identify opportunities for regional solutions to common illicit discharges and pollution problems. Page 21 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Conclusion Links to the 2021 Annual Report and ESP update are posted under "News and Updates" on the City's Surface Water Management Division website at: http://www.cityoffederalway.com/surfacewater. If at any time the City is unable to comply with the terms and conditions of the Permit, staff must notify Ecology within 30 days of becoming aware that non-compliance has occurred. Written notification must include a description of the non-compliance issue and steps planned or taken to achieve compliance. The City remains in compliance with the Permit and is using all known, available, and reasonable methods of prevention, control, and treatment to prevent pollution into the surface waters of Washington State. Page 22 of 22 2022 NPDES Annual Report - Attachment 2 City of Federal Way Attachment 2 - Internal Coordination Mechanisms Although the covid-19 pandemic ushered in new policies regarding social distancing and remote work, the City was able to evolve and find multiple ways to stay connected and communicate effectively throughout 2021 and into 2022. Despite the inability to hold in -person meetings, the Environmental Services (ES) Division met weekly via Zoom virtual conference calls in 2021 to ensure consistent and regular check -ins on team activities, upcoming projects, and important events and deadlines. Furthermore, ES is continuously identifying opportunities for increased coordination mechanisms and communication with other divisions within the Public Works Department, as well as the City as a whole. Some examples of these expanded coordination efforts include: • Increased collaboration with the Development Services Division in the Public Works Department. Since these staff oversee the "Controlling Runoff from New Development, Redevelopment, and Construction Sites" portion of the Permit, SWM is working to increase coordination with them throughout the year. This includes participating in discussions on inspection recordkeeping, rainy season site control, and alerting them when an IDDE event affects a site with an open permit for development or construction. Expanded communication with the Parks Department with regards to the Stormwater Pollution Prevention Plan (SWPPP) at the Steel Lake Maintenance Yard, and how we might create and implement SWPPPs in 2022 for additional Parks Maintenance facilities in the City. • Increased coordination with the Streets Division of the Public Works Department to ensure project plan review adequately addresses stormwater concerns for planned infrastructure and that inspections during the project construction phase align with stormwater BMPs to prevent runoff from project sites. As the City maintains its remote work status for the near future, internal coordination mechanisms are continuously evaluated and updated to best facilitate effective communication between all parties and eliminate barriers to compliance with the terms of the Permit. Page 1 of 1 2022 NPDES Annual Report - Attachment 3 City of Federal Way Attachment 3 - Description of 2021 Public Education Activities Public Events In 2021, the Environmental Services (ES) Division attended the Mayor's State of the City Address in February via zoom. In 2021, ES abided by COVID-19 social distancing and event -related policies to ensure staff and public safety. ES is looking at virtual event opportunities for public engagement until in -person events resume. Storming the Sound with Salmon (SSS) Program Although the SSS curriculum continued in the classrooms, tanks and salmon eggs were not distributed to participating schools in 2020, and the 2020-21 school year release event was cancelled. In fall 2021, planning resumed for the 2021-22 school year. Tank maintenance was performed by ES staff in fall 2021 at each school to ensure tanks and equipment were properly maintained and stored during the program's hiatus. Salmon eggs and tank maintenance supplies were also delivered near end of fall 2021. ES staff provides support to salmon tank leads at each school as needed until the release event. In spring 2022, the release event will be a virtual grade -level experience for all 4th graders, as intended by the new curriculum developed in 2019. Green Living Workshops The ES Division and the Solid Waste & Recycling Division staff collaborate to provide free educational workshops for residents on topics related to stormwater and sustainability. In 2020, the City's Green Living Workshop Program went virtual in an effort to engage a wider audience and increase accessibility to the workshops during the COVID-19 pandemic. In 2021 there were eight workshops held on topics such as container gardening, edible greens, and native plants. The participation in the virtual platform was substantially increased over the in -person workshops. As a result, the City plans to continue holding the Green Living Workshops virtually past the COVID-19 pandemic restrictions. Volunteer Events Although suspended in 2020 due to COVID-19, ES hosted volunteer events in 2021 that encouraged public participation in stewardship activities within safety guidelines. ES staff continued storm drain marking and storm drain marker mapping, and will work on other programs including removing invasive plants species and planting native vegetation in 2022. E-Newsletters E-newsletters allow ES to provide more timely information to the public on seasonal stormwater issues and upcoming events. After taking a hiatus for 6 months in 2021 due to staffing shortages, ES will continue to produce a monthly e-newsletter.. This will enable ES to provide time -sensitive information related to upcoming events and Permit -related issues. Environmental Coalition of South Seattle (ECOSS) In 2020, ES targeted outreach to 13 businesses with a high potential for generating stormwater pollutants and prone to spills, such as restaurants and automotive support service businesses. ECOSS also provided training in multiple languages to employees for whom English is a learned language so that they may better educate and implement spill kit awareness. ECOSS provided free spill kits, custom spill plans, and staff training so businesses knew how to prevent or quickly address and clean up spills and illicit discharges. ECOSS has now served 322 businesses in the City of Federal Way since 2013. In 2021, COVID-19 restrictions Page 1 of 2 2022 NPDES Annual Report - Attachment 3 City of Federal Way prevented ECOSS from completing the tasks outlined in the scope of services signed by the City. ECOSS will fulfill the outlined tasks in 2022 now that restrictions have been lifted. Car Wash Program The City's car wash program informs businesses and charity groups that it is a violation of City Code to allow dirty, soapy water from car washing activities to enter storm drains. Realizing that car washes are an important fundraising tool for many groups in the community, the City offers an environmentally safe solution. The City has special kits available that pump wash water into the sanitary sewer system, thus keeping contaminants out of local surface waters. Although suspended in 2020 due to COVID-19, the free car wash kit check-out program at City Hall resumed in fall 2021. ES will continue to encourage the use of charity car wash ticket programs and other alternative fundraising options as a solution, but kits will still be available if requested. Various Publications Each year, ES produces new and updated public education materials as needed. In 2021, ES staff worked to update publications for commercial site inspections, such as Best Management Practices resources and related documentation to ensure that these materials are tailored towards commercial sites and business owners, as opposed to construction sites and contractors. An emphasis on expanding multilingual resources is being continued into 2022. Training City staff participated in a number of trainings in 2021 related to the City's Stormwater Management program. Trainings varied in the number of staff members in attendance. Internal Training: NPDES Presentation to Land Use and Transportation Committee & City Council IDDE Training for Police Department IDDE Response Training for Field Staff Amanda Database Program (Controlling Runoff) VUEWorks Database Program (Operations & Maintenance) NPDESPro Database Program (IDDE, Private Inspections, & Source Control) External Training: Virtual Engagement Training Volunteer Management Training Stormwater Chemistry Training CESCL Recertification Training for Inspectors King County Stormwater Design Manual Training Trenching and Shoring Certification StormCon (ES Division attended) Page 2 of 2 2022 NPDES Annual Report - Attachment 4 City of Federal Way Attachment 4 - Schedule & Strategy for ECOSS Campaign In accordance with Permit Section S5.C.2.a.ii(c)1, the following document fulfills the requirement to develop a strategy and schedule to more effectively implement an existing behavior change campaign. The chosen campaign involves collaborating with the Environmental Coalition of South Seattle (ECOSS), a non-profit organization that provides multilingual stormwater outreach to businesses in the Federal Way. ECOSS provides free spill kits, custom spill plans, and staff training so businesses know how to prevent, or quickly address and clean up, spills and illicit discharges. BACKGROUND The City of Federal Way (City) Surface Water Management (SWM) Division began working with ECOSS in 2013. Until 2018, ECOSS was funded by regional grants to provide this outreach effort to twenty area businesses, particularly to businesses that had multilingual employees. Although grant funding is no longer available, ECOSS SWM continues to implement this program, targeting outreach to businesses with a high potential for generating stormwater pollutants and are prone to spills, such as restaurants and automotive support service businesses. SWM staff also utilizes the annual spill analysis to inform which businesses to select for future Sustainable Solutions for All participation in the ECOSS program based on potential for, or known history of, prohibited discharges and/or spill events. Businesses are also chosen based on the diversity of the staff, as emphasis is placed on providing assistance to multilingual businesses. ANALYSIS & LESSONS LEARNED In June 2020, SWM staff completed an evaluation of the effectiveness of the ECOSS program. The analysis aggregated data from 2013-2019 on which sites were visited, how frequently they were visited, and whether or not they had an IDDE event in that year or future years. The analysis provided the following conclusions: 1. The majority of businesses participating in the ECOSS program were food related or automotive businesses. Despite the emphasis on these types of businesses, food related and automotive establishments continued to have the most IDDE events. Some of these were businesses that had participated in the ECOSS program. 2. The data also demonstrates a high number of businesses with 5 to 6 consecutive years without an IDDE event after participating in the ECOSS program. This shows that among the total number of participating businesses, a majority of them are successful in preventing future IDDE or spill events. 3. Based on the data, businesses that received multiple visits from ECOSS reduced their chance of having an IDDE event by 3.9% compared to sites that received a single ECOSS visit. It can thus be surmised that additional visits and education for business owners correlate with less chance of future IDDE events. Based on the findings of this analysis (S5.C.2.a.ii(b)), the City of Federal Way selected Permit option S5.C.2.a.ii.(c)1, "Develop a strategy and schedule to more effectively implement the existing campaign." The data from this analysis supports the conclusion that the ECOSS program positively influenced a business's capacity to prevent future IDDE events for multiple years, and that their capacity for spill prevention only increased with additional visits from ECOSS. However, the data also showed that the businesses with the highest risk of future IDDE events were the types of businesses least likely to have Page 1 of 3 2021 NPDES Annual Report - Attachment 5 City of Federal Way success preventing future IDDE events. As such, the strategy and schedule for future implementation will aim to more effectively improve spill prevention and success under the ECOSS program for these high -risk potential polluters. STRATEGY Moving forward, SWM plans to ensure that new businesses in the City are welcomed into the program. Each year, 25% of the total businesses served will be new to the program. Additionally, a continuous effort will be made to ensure that the selected businesses are representative of our Environmental Protection Agency (EPA) Environmental Justice demographics with regards to primary non-English languages spoken in the community (Spanish, Korean, Ukrainian). As we understand that the EPA data is reflective of the community as a whole, we will continuously work to obtain more accurate data on the demographics of business owners and employees within Federal Way to better represent the true multilingual diversity of businesses served. We will continue to target food -related and automotive establishments as these are the identified "hotspot" business types for spills or other IDDE events. We also recognize that an existing barrier to long-term success is that many of the participating businesses have high staff turnover rates. This increases the chance that knowledge from ECOSS involvement may be lost year to year. SWM will collaborate with ECOSS to develop a strategy to offset this knowledge loss, such as repeating training with certain businesses or business associations to ensure that the training becomes a part of their routine operations. This also presents an opportunity to create a focus group or survey for business owners so we may better understand staff turnover frequency and associated issues. Each business served will receive three touch points from the ECOSS program administrators due to the effectiveness of multiple touch points, as reported by ECOSS. Additionally, SWM will consider the incorporation of a final, fourth touch point to each participating business that will be led by SWM's Pollution Control Specialist. During that visit, SWM will ensure training completion, provide technical assistance upon request, and offer Best Management Practices if necessary. Finally, SWM staff will post content about the ECOSS program, successes of businesses served, and other program highlights to the City's facebook page and monthly e-newsletter. As the City's facebook page has limited capacity for accommodating stormwater-related content, this may present an opportunity to encourage City leadership to approve the previously considered Public Works Department -specific facebook page. This would allow for better control over post content and timing so that we may do our best to engage with our intended audiences, including current or potential ECOSS participants. The ECOSS-related communications may spark interest in business owners who are eager to participate in the program, especially those who have multilingual staff. In consideration of the current and projected budget for ECOSS program implementation, SWM will collaborate with ECOSS to devise alternative training opportunities if demand for program participation among community businesses rises past budget limitations. Overall, increasing awareness of the program and encouraging interested businesses to engage with SWM will provide opportunities to not only welcome more businesses into the program, but also to better understand our local business owners and their needs moving forward. The following logic model (Figure 1.) provides a summary of key performance indicators from short-term to long-term that SWM will use as a guide, in collaboration with ECOSS program administrators, to continuously improve and evolve ECOSS program implementation. Page 2 of 3 2021 NPDES Annual Report - Attachment 5 City of Federal Way Figure 1. Logic Model for ECOSS Implementation Goals MA *Add an additional 25% new businesses to the roster for services -Focus on demographic representation for new and existing businesses (using the primary languages as a guide) •Ensure three touch points for each business during their time in the program *Engage local business owners through social media and e-newsletter content about ECOSS SCHEDULE *Aggregate and evaluate program data annually to gauge effectiveness and inform selection of new and repeating businesses Analyze status of repeating businesses and determine if program graduates require adjusted enforcement for future IDDE events *Incorporate a fourth touch Ifa int from SWM staff plore the option of eating a Public Works cebook page I *Continuously explore program maintenance and sustainability, identifying and implementing strategies when possible *Achieve demographic representation for a majority of businesses served *Coordinate with ECOSS to determine future program goals •Collaborate with ECOSS to develop focus groups or survey instruments for better program evaluation 2021* — 12 businesses served by the program; 3 out of 12 are new; Spanish-speaking businesses must be well represented as this is the primary non-English language spoken in Federal Way. *Due to COVID-19 restrictions ECOSS was unable to complete the tasks in the signed Scope of Services in 2021, and postponed activities until 2022. 2022 — Potential increase of businesses served; continue 25% new businesses; increase multilingual representation based on Federal Way language demographics 2023 — Potential increase of businesses served; continue 25% new businesses; increase multilingual representation based on Federal Way language demographics 2024 — Program evaluation due March 31, 2024; use evaluation summary to determine next steps Page 3 of 3 2022 NPDES Annual Report - Attachment 5 City of Federal Way Attachment 5 - Stewardship Opportunities for Residents Stewardship opportunities for residents were highly restricted due to covid-19 policies regarding social distancing and gatherings. Since these activities often involve a great deal of in -person events, SWM staff suspended the majority of these opportunities to ensure safety for both staff and the public. Stream Team In 2019, SWM staff implemented a new Stream Team program. Two volunteer trainings were held during the fall, and volunteers began regular water quality monitoring at six stream sites in October. Stream team volunteers measure a variety of parameters, including: temperature, pH, turbidity, dissolved oxygen, and nutrients, among others. Due to covid-19 policies, volunteers discontinued monitoring in 2020 as City Hall was inaccessible to the public and kits were not available for check-out. SWM resumed monitoring during the 2021 wet weather season and revamped the program for long-term check-out of the kits to Stream Team members who continue to be active in the program. Trainings for new volunteers were held in fall 2021, and volunteers resumed regular water quality sampling at four sites. Lake Level Monitoring In 2019 the City partnered with the Lake Observations by Citizen Scientists & Satellites (LOCSS) program, run by the University of Washington, University of North Caroline Chapel Hill and NASA, to install two lake level gauges in Federal Way. The gauges were installed at Steel Lake and North Lake. - The goal of the program is to use citizen scientists to better understand how and why lake levels change over time. In 2021 citizen scientists reported lake level data a total of 257 times between the two sites (71 North Lake; 186 Steel Lake), compared with a combined total of 297 in 2020. In 2022 the gauges will remain in place and data will continue to be collected. Storm Drain Marking Although suspended in 2020, SWM staff continued to provide educational markers for installation near catch basins that drain to the City's MS4 in 2021. The markers inform the public that the storm drains discharge to local waterways. Additionally, in 2021 SWM continued using volunteers to map where curb markers exist within the City and in what condition they are in. Volunteer Events Although suspended in 2020 due to covid-19, SWM planned to host volunteer events in 2021 that encourage public participation in stewardship activities, if possible within safety guidelines. ES staff was able to continue storm drain marking and storm drain marker mapping, and will work on other programs including removing invasive plants species, and planting native vegetation in 2022. Page 1 of 1 Attachment 6 - 2022 Outfall Review Outfall Size Secondary 44 0 Need to verify size & material Secondary 49 18 18" CMP Outfall Secondary 118 18 18" CMP Outfall Secondary 210 48 48" CMP Outfall Secondary 217 12" 12" CMP Outfall Secondary 253 15 15" CONC OUTFALL Secondary 267 0 Inlet for twin culverts. Need to verify size & material Secondary 261 0 Need to verify size & material Secondary 263 36 Need to verify size & material Secondary 265 12 Need to verify size & material Secondary 17 12" 12" CMP Outfall Secondary 128 12 12" CONC Outfall Secondary 284 12 Need to verify size & material Secondary 266 48 Intake structure with large trash rack Primary 1 6 6" PVC Outfall Primary 3 12 12" CONC to Dispersal Trench Outfall Primary 5 15 15" CONC Outfall Primary 7 18 18" CONC Outfall Primary 8 18 18" CONC Outfall Primary 15 18 18" CMP Outfall Primary 19 24 24" CMP Outfall Primary 20 0 Need to verify size & material Primary 21 12 12" CONC Outfall Primary 22 15 15" CONC Outfall Primary 29 12 12" CONC Outfall Primary 30 12 12" CONC Outfall Primary 31 12 12" CONC Outfall Primary 32 12 12" CONC Outfall Primary 33 12 12" CMP Outfall Primary 34 12 12" Conc Outfall Primary 35 0 Need to verify size & material Primary 36 0 Need to verify size & material Primary 38 15 15" CONC Outfall Primary 39 12 12" CONC Outfall Primary 40 18 18" CMP Outfall Primary 41 12 12" CONC Outfall Primary 42 0 Need to verify size & material Primary 43 18 18" CMP Outfall Primary 46 12 12" CONC Outfall Primary 47 0 Need to verify size & material Primary 48 18 18" CPEP Outfall Primary 50 0 Need to verify size & material Primary 52 0 Need to verify size & material Primary 54 Null Outfall is a large concrete structure Primary 55 12 12" CONC Outfall Primary 56 12 12" HDPE Outfall Primary 58 0 Need to verify size & material Primary 59 18 18" CPEP Outfall Primary 62 24 24" CMP Outfall Primary 63 18 18" CMP Outfall Primary 65 0 Need to verify size & material Primary 66 24 24" CMP Outfall Primary 67 21 4 21" CMP Outfall Primary 69 97 97" CMP Outfall Primary 70 18 18" CONC Outfall Primary 71 0 Need to verify size & material Primary 72 18 18" CMP Outfall Primary 74 15 15" CMP Outfall Primary 75 18 18" CPEP Outfall Primary 76 12 12" CONC Outfall Primary 77 12 12" CMP Outfall Primary 79 0 Need to verify size & material Primary 80 18 18" CONC Outfall Primary 81 30 30" CMP Outfall Primary 82 0 Need to verify size & material Primary 85 12 12" HDPE Outfall Primary 89 18 18" CPEP Outfall Primary 91 12 12" CONC Outfall Primary 92 18 18" CONC Outfall Primary 93 18 18" CMP Outfall Primary 95 12 12" CONC Outfall Primary 97 12 12" CONC Outfall Primary 98 12 12" HDPE Outfall Primary 102 21 21" CONC Outfall Primary 103 12 12" CONC Outfall Primary 104 0 Need to verify size & material Primary 105 0 Need to verify size & material Primary 106 36 36" CMP Outfall Primary 107 18 18" CONC Outfall Primary 108 42 42" CONC Outfall IPrimary I 109 12 12" CONC Outfall Page 1 of 4 Primary 110 12 12" CONC Outfall Primary 111 12 12" CONC Outfall Primary 112 12 12" CONC Outfall Primary 113 12 12" CONC Outfall Primary 114 12 12" CONC Outfall Primary 115 18 18" CONC Outfall Primary 119 0 Need to verify size & material Primary 120 21 21" CONC Outfall Primary 121 0 Need to verify size & material Primary 124 12 12" CMP Outfall Primary 125 12 12" CMP Outfall Primary 126 15 15" CONC Outfall Primary 127 18 18" CMP Outfall Primary 129 18 18" CONC Outfall Primary 130 0 Need to verify size & material Primary 132 12 12" CONC Outfall Primary 133 12 12" CONC Outfall Primary 134 36 36" CMP Outfall Primary 135 12 12" CONC Outfall Primary 137 0 Need to verify size & material Primary 138 0 Need to verify size & material Primary 139 24 24" CONC Outfall Primary 140 18 18" CONC Outfall Primary 141 18 18" CMP Outfall Primary 142 24 24" CMP Outfall Primary 143 15 15" HDPE Outfall Primary 144 0 Need to verify size & material Primary 146 12 12" CMP Outfall Primary 147 12 12" CMP Outfall Primary 148 12 12" CMP Outfall Primary 149 12 12" CMP Outfall Primary 150 12 12" CMP Outfall Primary 151 18 18" CMP Outfall Primary 152 0 Need to verify size & material Primary 153 18 18" CMP Outfall Primary 154 18 18" CMP Outfall Primary 155 12 12" CMP Outfall Primary 157 24 24" CMP Outfall Primary 158 18 18" CONC Outfall Primary 160 30 30" CMP Outfall Primary 162 18 18" CMP Outfall Primary 166 8 8" HDPE Outfall Primary 167 0 Need to verify size & material Primary 168 12 12" CMP Outfall Primary 169 12 12" CONC Outfall Primary 170 0 Need to verify size & material Primary 175 0 Need to verify size & material Primary 176 18 18" CONC Outfall Primary 182 24 24" CONC Outfall Primary 184 18 18" CMP Outfall Primary 185 18 18" CMP Outfall Primary 186 12 12" CONC Outfall Primary 187 12 12" CONC Outfall Primary 188 18 18" CMP Outfall Primary 189 12 12" CMP Outfall Primary 190 12 12" CMP Outfall Primary 191 21 21" CMP Outfall Primary 192 12 12" CMP Outfall Primary 193 12 12" CMP Outfall Primary 194 12 12" CMP Outfall Primary 195 0 Need to verify size & material Primary 196 12 12" CMP Outfall Primary 197 12 12" CMP Outfall Primary 198 0 Need to verify size & material Primary 199 12 12" CONC Outfall Primary 200 24 24" CONC Outfall Primary 201 48 48" CONC Outfall Primary 202 0 Need to verify size & material Primary 203 18 18" CPEP Outfall Primary 204 48 48" CMP Outfall Primary 207 48 48" CONC Outfall Primary 208 48 48" CONC +2 UNKNOWN Outfall Primary 209 54 54" CMP Outfall Primary 214 0 Need to verify size & material Primary 215 12 12" CONC Outfall Primary 218 0 Need to verify size & material Primary 220 12 12" CONC Outfall Primary 221 0 Need to verify size & material Primary 222 0 Need to verify size & material Primary 223 0 Need to verify size & material Primary 226 36 36" CONC Outfall Primary 228 12 12" CONC Outfall Primary 229 12 12" CONC Outfall Primary 230 12 12" CONC Outfall Page 2 of 4 Primary 231 30 30" CMP Outfall Primary 232 12 12" CMP Outfall Primary 233 36 36" CMP Outfall Primary 234 0 Need to verify size & material Primary 236 0 Need to verify size & material Primary 237 54 54" CONC Outfall Primary 242 60 60" CMP Outfall Primary 243 0 Need to verify size & material Primary 244 0 Need to verify size & material Primary 245 0 Need to verify size & material Primary 246 84 84" CONC Outfall Primary 248 0 Need to verify size & material Primary 251 18 18" CONC Outfall Primary 252 18 18" CMP Outfall Primary 254 12 12" CMP Outfall Primary 256 12 12" CONC Outfall Primary 257 12 Need to verify size & material Primary 87 12 Need to verify material. Primary 94 48 48" CMP Outfall Primary 73 36 36" CMP Outfall Primary 211 12 12" CONC Outfall Primary 250 0 Need to verify size & material Primary 101 0 Need to verify size & material Primary 159 12 12" CONC Outfall Primary 247 0 Need to verify size & material Primary 213 0 Need to verify size & material Primary 37 0 Need to verify size & material Primary 238 30 30" CONC Outfall Primary 161 24 24" CMP Outfall Primary 163 21 21" CMP Outfall Primary 23 12 12" HDPE Outfall Primary 260 48 48" CONC Outfall Primary 180 12 12" CPEP Outfall Primary 96 15 15" CMP Outfall Primary 268 12 Need to verify material Primary 165 18 18" CONC Outfall Primary 183 0 Need to verify size & material Primary 249 12 12" CMP Outfall Primary 86 0 Need to verify size & material Primary 227 15 15" CONC Outfall Primary 205 24 24" CMP Outfall Primary 174 36 36" CONC Outfall Primary 164 48 48" CONC Outfall Primary 225 36 36" CONC Outfall Primary 224 21 21" CONC Outfall Primary 90 0 Need to verify size & material Primary 206 42 42" CMP Outfall Primary 57 0 Need to verify size & material Primary 259 12 Need to verify size & material Primary 9 12 12" DI Outfall Primary 10 18 18" CONC Outfall Primary 241 0 Need to verify size & material Primary 131 15 15" CONC Outfall Primary 117 12 12" CONC Outfall Primary 116 24 24" CONC Outfall Primary 255 12 12" CONC Outfall Primary 53 12 12" CONC Outfall Primary 45 12 12" CMP Outfall Primary 68 0 Need to verify size & material Primary 27 24 24" CMP Outfall Primary 278 12 Need to verify size & material Primary 11 18 18" CMP Outfall Primary 12 0 Need to verify size & material Primary 26 12 12" CONC Outfall Primary 279 12 Need to verify size & material Primary 280 12 Need to verify size & material Primary 281 12 Need to verify size & material Primary 64 36 36" CMP Outfall Primary 99 24 24" CMP Outfall Primary 282 12 Need to verify size & material Primary 156 0 Need to verify size & material Primary 283 12 Need to verify material Primary 240 0 Need to verify size & material Primary 51 0 Need to verify size & material Primary 285 12 Need to verify material Primary 286 12 Need to verify size & material Primary 136 0 Need to verify size & material Primary 287 12 Need to verify material Primary 145 0 Need to verify size & material Private Outfall 78 0 NEED INFO Private Outfall 88 0 NEED INFO Private Outfall 122 0 NEED INFO Private Outfall 181 0 NEED INFO Private Outfall 216 0 NEED INFO Page 3 of 4 Private Outfall 269 12 <null> Private Outfall 270 12 <null> Private Outfall 264 12 <null> Private Outfall 277 12 <null> Private Outfall 173 15 15" CONC Outfall Private Outfall 212 0 NEED INFO Private Outfall 100 0 NEED INFO Private Outfall 272 12 <null> Private 0utfaI1 273 12 I<null> Page 4 of 4 Attachment 7 - IDDE Investigations Inspection Date Opened Time D D E 1214 12/13/ 2021 11:00a m IDDE 1213 12/22/2021 12:00a m IDDE 1212 12/20/ 2021 12:00a m IDDE 1211 12/13/ 2021 12:00a m IDDE 1210 12/14/2021 12:00a m IDDE 1209 12/14/2021 12:00a m IDDE 1208 12/7/2021 12:00a m IDDE 1207 11/23/2021 10:30a m IDDE 1206 11/17/2021 12:00a m I DDE1205 11/4/2021 11:30am IDDE 1204 11/4/2021 12:00a m IDDE 1203 11/3/2021 12:00a m I DDE1202 11/2/2021 1:30pm IDDE 1201 11/1/2021 11:12a m I DDE1200 10/22/2021 4:OOpm IDDE 1199 10/14/2021 11:12a m IDDE 1198 10/13/2021 10:30a m IDDE 1197 10/13/2021 11:00a m IDDE 1196 10/13/2021 30:30a m I DDE1195 10/12/2021 2:30pm I DDE1194 10/12/2021 3:OOpm I DDE1193 10/7/2021 1:OOpm IDDE1192 9/30/202111:00am IDDE 1191 9/14/2021 12:00a m IDDE1190 9/13/202112:00am IDDE1189 9/8/20212:55pm IDDE1188 8/31/202112:00am IDDE1187 8/20/20218:00am IDDE1186 8/20/202110:00am IDDE1185 8/10/202111:30am IDDE1184 8/5/202111:30am IDDE1183 8/5/202112:00am IDDE1182 8/2/20217:50am IDDE1181 7/28/2021 9:15am IDDE1180 7/28/2021 9:15am IDDE1179 7/28/202110:10am IDDE1178 7/28/202110:45am IDDE1177 7/28/202130:45am IDDE1176 7/23/202110:50am IDDE1175 7/23/202111:30am IDDE1174 7/21/202111:00am IDDE1173 7/21/202110:30am IDDE1172 7/20/202111:30am IDDE 1171 7/19/ 2021 30:44a m IDDE1170 7/14/20213:00pm IDDE1169 7/15/202111:12am IDDE1168 7/14/202111:12am IDDE1167 7/14/202111:00am IDDE1166 7/12/20212:00pm IDDE1165 7/8/202130:30am IDDE1164 7/8/202110:10am IDDE1163 7/8/202110:00am IDDE1162 7/8/20219:50am IDDE 1161 7/8/2021 12:00a m IDDE1160 6/30/20213:00pm IDDE1159 6/30/20219:30am IDDE1158 6/30/202110:20am IDDE1157 6/30/202110:25am IDDE1156 6/30/202130:30am IDDE1155 6/30/202110:40am IDDE1154 6/30/202110:50am IDDE1153 6/30/202130:45am IDDE1152 6/23/202110:45am I DDE1151 6/17/2021 8:45am IDDE1150 6/17/2021 9:10am IDDE1149 6/17/2021 9:15am IDDE1148 6/17/20219:00am IDDE1147 6/17/20218:50am IDDE1146 5/26/202111:00am IDDE1145 6/11/20213:00am IDDE1144 6/9/20212:30pm IDDE1143 5/31/202112:00am IDDE1142 5/28/20212:08pm IDDE 1141 5/27/2021 11:30a m IDDE1140 5/27/202111:25am IDDE1139 5/27/202111:12am IDDE1138 5/27/202130:55am IDDE1137 5/27/202130:30am IDDE1136 5/27/20213:00pm IDDE1135 5/21/202111:30am IDDE1134 5/19/202111:30am IDDE1133 5/19/202110:20am Date Closed Source Ins[ How was it Potential C Pollutants I Correction, Source Tra, Did dischar Investigate Site Name Address City State Zip Country 1/3/2022 Source Cor Food-Relat Food-Relat Education/ Observatio No - None Near or At Akasaka RE 31246 Pac Federal WE WA US 12/22/2021 Source Cor Dumpster I Solid Wasti Clean-up, E Observatio No - None Near or At RETAIL/TA%27203 Pac Federal WE WA Us Business In Vehicle-Rel Other: dry%Clean-up, E Observatio Yes - Notifi Near or At ABRA auto 1908 S 341 Federal WE WA US 12/20/2021 Source Cor Other: Dun Solid Wasti Education/ Observatio No - None Near or At Retail and 127400 Paci Federal WE WA 98405 US 12/17/2021 Staff Refen Constructi( Sediment/! Education/ Not App[icE Yes - Notifi Near or At Main Shop 2500 S 320 Federal WE WA Us 12/16/2021 Source Cor Other Accii Fuel and/o Clean-up, E Observatio No - Clean( Near or At ARCO 27202 Pac Federal WE WA US 12/14/2021 Staff Refen Unconfirm Fuel and/o Clean-up, E Observatio Yes - Notifi Intersection Federal WE WA US 12/8/2021 Staff Refen Vehicle Col Fuel and/o Clean-up, E Observatio No - Clean(Near or At Car Care C(32610 Paci Federal WE WA 98003 US 12/2/2021 Direct Rep( Constructi( Sediment/! Education/ Observatio No - Cleane Near or At Mac&#39;! 33110 Paci Federal WE WA US 11/18/2021 Pollution H Landscapes Unconfirm, Education/ Not Applic No - None Near or At MIRO AT D 31004 19 P Federal WE WA US 11/4/2021 Staff Refen Food-Relat Food-Relat Education/ Observatio No - None Near or At Yakitora BE 31448 Pac Federal WE WA US 11/4/2021 Direct Rep(Other Com Other: Con Education/ Observatio No - None Near or At Club Palisa 2211 S Star Federal WE WA US 11/3/2021 Staff Refen Unconfirm Fuel and/o Clean-up Observatio Yes - Notifi Near or At City Hall 33325 8th. Federal WE WA 98003 US 11/18/2021 Direct Rep( Constructic Sediment/! Education/ Observatio Yes - Notifi Near This Address 29928 Paci Federal WE WA 98003 US Pollution H Constructi(Sediment/! Education/ Observation (color/sh( Private Site 37006 12tP Federal WE WA 98003 US 12/16/2021 0&M/Facil Food-Relat Food-Relat Clean-up Observation (color/sh( Near or At Puerto Vail 2002 SW C Federal WE WA US Source Cor Unconfirm Solid Wasti Education/ Observation (color/sh(Near or At Boo Han PI 30919 Pac Federal WE WA US Source Cor Unconfirm Solid Wasti Education/ Not Applicable Near or At Dover Offi( 1648 S 310 Federal WE WA 98003 US 11/18/2021 Source Cor Food-Relat Food-Relat Clean-up Observation (color/sh( Near or At Campeon t 31009 Pac Federal WE WA US 11/4/2021 Other: Driv Vehicle-Rel Soap or CIE Clean-up, E Observation(color/sh4 Near or At Car Toys/: 31610 Pac Federal WE WA US Direct Rep( Food-Relat Food-Relat Education/ Observation (color/sh( Near or At Delandria 134900 EnO Federal WE WA Us Pollution H Other Com Sediment/! Education/ Observation (color/sh( Near or At Corliss Con 1393 S 351 Federal WE WA US 11/18/2021 Source Cor Other: Goh Sediment/! Clean-up Observation (color/sh( Near or At TWIN LAKE 3583 SW 3, Federal WE WA 98003 US Staff Refen Other: Tra( Sediment/! Education/ Observation (color/sh( Private Site 450 SW CA Federal WE WA 98023 US Direct Rep( Constructi( Sediment/! Enforceme Observation (color/sh( Private Site Parcel #211 Federal WE WA 98023 US Pollution H Other: Out Soap or Cie Education/ Observation (color/sh( Private Site 34522 8th, Federal WE WA 98445 US Source Cor Constructi(sediment/!Clean-up Observation(color/sh( Near or At Mark Twaii 2450 S Star Federal WE WA Us Source Cor Vehicle-Rel Sediment/! Clean-up Observation (color/sh( Near or At Blackstone 35620 Encl Federal WE WA US Source Cor Vehicle-Rel Fuel and/o Clean-up Observation (color/sh( Near or At Sud&#39;s 34414 Paci Federal WE WA US Other: Driv Constructi(Sediment/! Clean-up, E Observatio No -Clean( Near or At Line Retail 1901 SW C Federal WE WA 98023 US Staff Refen Other Acci, Solid Wast, Other: No: Not Applicable Private Site 29838 Mar Federal WE WA 98023 US Other: Out Vehicle-Rel Soap or Cie Clean-up Observation(color/sh( Near or At CHEVRON/ 34007 Hoy Federal WE WA 98003 US Staff Refen Other: City Fuel and/o Education/ Not Applicable Near or At City Hall 33325 8th, Federal WE WA 98003 Us Source Cor Vehicle-Rel Solid Wast, Education/ Not Applic No -None Near or At Autozone 33510 21st Federal WE WA US Source Cor Other Com Solid Wasti Education/Not Applicable Near or At CVS 3352021st Federal WE WA US Source Cor Other: GOE Sediment/! Clean-up Not Applicable Near or At TWIN LAKE 3583 SW 3, Federal WE WA 98003 US Source Cor Food-Relat Food-Relat Clean-up Observation (color/sh( Near or At The Quad 329011st ) Federal WE WA US Source Cor Food-Relat Food-Relat Education/ Observation (color/sh( Near or At The Quad 329011st ( Federal WE WA US Other: Out Other: Priv Sediment/! Education/ Not Applicable Private Site 30122 10tP Federal WE WA 98003 US Other: Out Other Com Unconfirm, Education/ Observation (color/sh( Near or At Wild Wave 36201 Encl Federal WE WA US Other: Out Other Com Sediment/!Education/Not Applic No - None Near or At EAST CAM[ 3201432N Federal WE WA US Other: Out Other: Sediment/! Education/ Observation (color/sh( Private Site 29806 12TI Federal WE WA 98023 US Other: Out Other Accii ewage/Se Clean-up Observation(color/sh(Latitude/Longitude Us Staff Refen Food-Re[at Food-Relat Clean-up Observation (color/sh( Near or At Fred Meye 33702 21st Federal WE WA US Staff Refen Other: Fai[i Sewage/Se Clean-up Not Applicable Private Site 5324 SW 3 Federal WE WA 98003 US Source Cor Food-Relat Food-Relat Education/ Not Applicable Near or At Pavilion Ce 31229 Pac Federal WE WA 98003 US Source Cor Food-Re[at Food-Relat Education/ Observation (color/sh( Near or At Pavilions II 31319 Pac Federal WE WA US Source Cor Food-Relat Food-Relat Clean-up Observation (color/sh( Near or At 316th St PI 1727 8,180 Federal WE WA US Staff Referi Constructi( Sediment/! Clean-up Observation (color/sh( Near This Address 30132 2nd Federal WE WA 98003 US Source Cor Food-Re[at Food-Relat Education/ Observation (color/sh( Near or At DANA PLAT 31254 Pac Federal WE WA US Source Cor Food-Relat Food-Relat Education/ Observation (color/sh( Near or At Akasaka RE 31246 Pac Federal WE WA US Source Cor Food-Relat Food-Relat Education/ Observatio Yes - Notifi Near or At SAIGON PL 31248 Pac Federal WE WA US Source Cor Food-Re[at Food-Relat Education/ Not Applicable Near or At Shin Myunl 31220 Pac Federal WE WA US Source Cor Food-Relat Food-Relat Clean-up Observation (color/sh( Near or At Conifer SqE 16205 312 Federal WE WA US Staff Refen Other: Apa Unconfirm, Enforceme Observation (color/sh( Near or At View at the 30602 Pac Federal WE WA Us Source Cor Food-Relat Food-Relat Clean-up, E Not Applicable Near or At Campeon t 31009 Pac Federal WE WA US Source Cor Vehicle-Rel Fuel and/o Education/ Not Applicable Near or At Performan 34703 16tP Federal WE WA US Source Cor Food-Re[at Solid Wasti Education/ Not Applicable Near or At Arby&#39; 34404 16tP Federal WE WA Us Source Cor Food-Relat Solid Wast, Education/ Not Applicable Near or At Round Tab 34410 16tP Federal WE WA US Source Cor Other Com Food-Relat Education/ Not Applicable Near or At Walmart 34520 16tP Federal WE WA US Source Cor Food-Re[at Food-Relat Clean-up, E Not Applicable Near or At Del Taco 34528 16tP Federal WE WA Us Source Cor Food-Re[at Food-Relat Education/ Not Applicable Near or At Jack in the 1610 S 347 Federal WE WA US Source Cor Food-Relat Food-Relat Education/ Not Applicable Near or At Warehous(34100 9th, Federal WE WA US Source Cor Other Com Solid Wasti Education/ Not Applicable Near or At Spruce B[dl 33606 Paci Federal WE WA 98003 US Source Cor Other Com Solid Wast, Education/ Not Applicable Near or At 336 Parkw; 1500 S 336 Federal WE WA US Source Cor Other Com Solid Wasti Education/Not Applic No- None Near or At LINE RETA123115W 3, Federal WE WA US Source Cor Unconfirm Unconfirm, Clean-up, E Observation (color/sh( Near or At Campus Bu 337019TH Federal WE WA Us Source Cor Vehicle-Rel Soap or Cie Clean-up, E Observation (color/sh( Near or At Evergreen 33427 Paci Federal WE WA US Direct Rep( Illicit Conni Sewage/Se Clean-up, E Observation (color/sh( Private Site 28208 Milil Federal WE WA 98003 US Other: SCF Other: Pair Paint Education/ Not Applicable Private Site 35663 14tP Federal WE WA 98003 US Staff Refen Vehicle-Rel Soap or CIE Education/Not Applicable Near or At Lee&#39;s 1820 S 341 Federal WE WA US Staff Refen Other Accii Sediment/!Clean-up, E Not Applicable Private Site 1st Ave Sor Federal WE WA 98003 US Other: SCF Other Acck Other: dry Education/ Not Applicable Intersection Federal WE WA Us Source Cor Food-Relat Food-Relat Education/ Not Applicable Near or At Mac&#39;! 33120 Paci Federal WE WA US Source Cor Other Com Solid Wast, Education/ Not Applic No - None Near or At Mac&#39;! 33130 Paci Federal WE WA US Source Cor Vehicle-Rel Fuel and/o Education/ Not Applicable Near or At Best Auto f 33003 Paci Federal WE WA US Source Cor Vehicle-Rel Fuel and/o Education/ Not Applicable Near or At Sherwin W 32818, 328 Federal WE WA US Source Cor Food-Re[at Other: Ope Education/ Not Applicable Near or At SeaTac V[IP 1800 S 320 Federal WE WA US Staff Refen Other: Bad Fuel and/o Clean-up Not Applicable Private Site 28844 lltf Federal WE WA 98003 US Staff Refen Other Accii Other: Dryi Clean-up Not Applicable Private Site 2704 SW 3 Federal WE WA 98003 US Source Cor Other: Apa Solid Wast, Education/ Not Applicable Near or At Continenta 28623 Mil I Federal WE WA US Source Cor Other Com Solid Wasti Education/ Not Applic Yes - Notifi Near or At Line Retail 29100 Pac Federal WE WA US Intersectio Intersectio Latitude Longitude Source Nar Source Phc Source Em; Hotspot ERTS # 47.32134 -122.313 Kevin Du 253-835-2; kevin.du@ no 47.35726 -122.31 Kevin Du no 47.29661 -122.309 Nathan Gillespie no 47.35628 -122.309 Kevin Du no 47.31665 -122.3 Ryan Medlen no 47.35752 -122.309 Kevin Du 253-835-2; kevin.du@ no 5 348th St 16th Ave S 47.28957 -122.314 Caleb Wais 253-835-2-,Caleb.Wais no 47.30915 -122.313 Desiree Winkler no 47.30494 -122.313 Devin Brad 253-397-65 devin.brad no 47.32466 -122.358 Devin Brad 253-397-6' devin.brad no 47.31929 -122.313 Devin Brad 253-397-6c devin.brad no 47.35606 -122.306 Devin Brad 253-397-65 devin.brad no 47.30407 -122.326 John Mulkey John.Mulk( no 47.33341 -122.312 Kate Cole 253-569-2E denniscole no 47.26984 -122.319 Gloria Sehlin no 47.3012 -122.36 no 47.32454 -122.314 no 47.32445 -122.311 no 47.32325 -122.315 no 47.31828 -122.313 no 47.28918 -122.313 no 47.28677 -122.317 no 47.31332 -122.378 no 47.29422 -122.337 Devin Brad 253-397-6� devin.brad no 47.30553 -122.374 FW Police Department no 47.29268 -122.345 Anon 206-734-5653 no 47.35633 -122.299 no 47.28196 -122.312 no 47.29299 -122.315 no 47.30032 -122.359 no 47.33463 -122.353 Devin Brad 253-397-65 devin.brad no 47.29691 -122.383 no 47.30407 -122.326 no 47.30172 -122.36 no 47.30128 -122.36 no 47.31332 -122.378 no 47.30744 -122.336 no 47.30744 -122.336 no 47.33205 -122.321 Devin Brad 253-397-65 devin.brad no 47.27324 -122.313 no 47.31406 -122.292 Devin Brad 253-397-6' devin.brad no 47.33522 -122.35 Devin Brad 253-397-6� devin.brad no 47.26431 -122.308 no 47.29807 -122.359 no 47.3229 -122.402 Leah Keogh Ikeogh3@I no 47.32152 -122.314 no 47.32099 -122.315 no 47.31852 -122.31 no 47.3311 -122.338 Devin Brad 253-397-65 devin.brad no 47.32081 -122.313 no 47.32134 -122.313 no 47.32109 -122.313 no 47.32154 -122.313 no 47.32257 -122.312 no 47.3275 -122.313 no 47.32325 -122.315 yes 47.29071 -122.314 no 47.29327 -122.313 no 47.29322 -122.312 no 47.2927 -122.31 no 47.29175 -122.313 no 47.29061 -122.313 no 47.29573 -122.32 no 47.30035 -122.313 no 47.30116 -122.315 no 47.2997 -122.362 Devin Brad 253-397-6� devin.brad no 47.29935 -122.324 no 47.30187 -122.314 no 47.34834 -122.299 Jose Garcia 206-251-3815 no 47.2808 -122.353 Devin Brad 253-397-65 devin.brad no 47.29641 -122.31 no 47.30768 -122.335 Devin Brad 253-397-6E devin.brad no Pacific Higl South 320t 47.31521 -122.313 no 47.30475 -122.313 no 47.30438 -122.313 no 47.30575 -122.314 no 47.30752 -122.313 no 47.31559 -122.31 no 47.34237 -122.321 Devin Brad 253-397-6c devin.brad no 47.32114 -122.368 Devin Brad 253-397-65 devin.brad no 47.34454 -122.302 no 47.34115 -122.312 no Status Inspector P Inspector F Inspector E Updated Created I nvestigati( Kevin Du 253-835-2; kevin.du@ 1/3/20229:06 1/3/20227:55 Investigati( Kevin Du 253-835-2; kevin.du@ 12/22/202115:28 12/22/202113:13 Investigatic Kevin Du 253-835-2; kevin.du@ 2/11/2022 9:48 12/20/202115:30 Investigatic Kevin Du 253-835-2-, kevin.du@ 12/20/2021 15:14 12/20/202113:07 Investigati( Kevin Du 253-835-2; kevin.du@ 12/17/202113:34 12/17/20218:19 I nvestigatic Kevin Du 253-835-2; kevin.du@ 12/16/2021 13:41 12/14/2021 8:46 I nvestigatic Kevin Du 253-835-2-,kevin.du@ 12/14/2021 8:37 12/8/2021 8:20 Investigatic Kevin Du 253-835-2; kevin.du@ 12/8/20217:55 12/1/20217:37 Investigati(Devin Brad 253-835-2; devin.brad 12/2/2021 7:47 11/17/2021 15:50 Investigati(Devin Brad 253-835-2-,devin.brad 11/18/2021 9:20 11/4/2021 11:30 Investigati(Devin Brad 253-835-2; devin.brad 11/4/2021 13:52 11/4/2021 9:25 Investigati(Devin Brad 253-835-2; devin.brad 11/4/2021 13:01 11/3/2021 13:21 I nvestigatic Kevin Du 253-835-2-,kevin.du@ 11/3/20218:46 11/3/20218:39 Investigati( Devin Brad 253-835-2; devin. brad 11/18/20219:21 11/1/202115:36 Investigati( Devin Brad 253-835-2; devin. brad 10/25/2021 8:23 10/25/2021 8:23 I nvestigatic Devin Brad 253-835-2-,devin. brad 10/14/202111:54 10/14/202111:54 I nvestigati( Devin Brad 253-835-2; devin. brad 10/13/202114:55 10/13/202114:55 I nvestigati( Devin Brad 253-835-2; devin. brad 10/13/202114:51 10/13/202114:51 I nvestigatic Devin Brad 253-835-2-,devin. brad 10/13/202111:40 10/13/202111:40 I nvestigati( Devin Brad 253-835-2; devin. brad 10/12/202114:42 10/12/202114:42 I nvestigati( Devin Brad 253-835-2; devin. brad 10/12/20218:54 10/12/20218:54 Investigatic Kevin Du 253-835-2-, kevin.du@ 10/8/20219:10 10/8/20219:10 I nvestigati( Devin Brad 253-835-2; devin. brad 9/30/202111:14 9/30/202111:14 I nvestigati( Devin Brad 253-835-2; devin. brad 9/14/202116:20 9/14/202116:20 Investigatic Kevin Du 253-835-2; kevin.du@ 9/13/202111:05 9/13/202111:05 I nvestigati( Kevin Du 253-835-2; kevin.du@ 9/8/202114:59 9/8/202114:59 I nvestigati( Devin Brad 253-835-2; devin. brad 9/2/2021 14:22 9/2/2021 14:22 I nvestigatic Devin Brad 253-835-2; devin. brad 8/20/202114:41 8/20/202114:41 I nvestigati( Devin Brad 253-835-2; devin. brad 8/20/202111:26 8/20/202111:26 I nvestigati( Devin Brad 253-835-2; devin. brad 8/10/202113:48 8/10/202113:38 Investigatic Devin Brad 253-835-2; devin. brad 8/5/2021 15:41 8/5/2021 15:41 Investigatic Devin Brad 253-835-2; devin. brad 8/5/2021 13:27 8/5/2021 13:27 I nvestigati( Devin Brad 253-835-2; devin. brad 8/2/20217:56 8/2/20217:56 I nvestigatic Devin Brad 253-835-2; devin. brad 7/28/202113:03 7/28/202113:03 I nvestigatic Devin Brad 253-835-2; devin. brad 7/28/202113:00 7/28/202113:00 I nvestigati( Devin Brad 253-835-2; devin. brad 7/28/202111:58 7/28/202111:58 I nvestigatic Devin Brad 253-835-2; devin. brad 7/28/202111:33 7/28/202111:33 I nvestigatic Devin Brad 253-835-2-,devin. brad 7/28/202111:21 7/28/202111:21 I nvestigati( Devin Brad 253-835-2; devin. brad 7/23/2021 9:18 7/23/2021 9:18 Investigatic Devin Brad 253-835-2; devin. brad 7/23/2021 8:45 7/23/2021 8:45 I nvestigatic Devin Brad 253-835-2-,devin. brad 7/21/202111:29 7/21/202111:27 I nvestigati( Devin Brad 253-835-2; devin. brad 7/21/2021 10:31 7/21/2021 10:31 I nvestigatic Devin Brad 253-835-2; devin. brad 7/21/20217:36 7/21/20217:36 I nvestigatic Devin Brad 253-835-2-,devin. brad 7/19/202111:09 7/19/202111:09 I nvestigati( Devin Brad 253-835-2; devin. brad 7/15/202113:54 7/15/202113:54 I nvestigati( Devin Brad 253-835-2; devin. brad 7/15/202113:27 7/15/202113:27 I nvestigatic Devin Brad 253-835-2-,devin. brad 7/15/202113:24 7/15/202113:24 I nvestigati( Devin Brad 253-835-2; devin. brad 7/15/202113:20 7/15/202113:20 I nvestigati( Devin Brad 253-835-2; devin. brad 7/12/202116:05 7/12/202116:05 Investigatic Devin Brad 253-835-2-,devin. brad 7/8/2021 12:49 7/8/2021 12:49 I nvestigati( Devin Brad 253-835-2; devin. brad 7/8/2021 12:48 7/8/2021 12:48 I nvestigati( Devin Brad 253-835-2; devin. brad 7/8/2021 12:47 7/8/2021 12:44 Investigatic Devin Brad 253-835-2-,devin. brad 7/8/2021 12:42 7/8/2021 12:42 I nvestigati( Devin Brad 253-835-2; devin. brad 7/8/2021 11:57 7/8/2021 11:57 I nvestigati( Devin Brad 253-835-2; devin. brad 6/30/202115:20 6/30/202115:20 I nvestigatic Devin Brad 253-835-2-,devin. brad 6/30/202111:53 6/30/202111:53 I nvestigati( Devin Brad 253-835-2; devin. brad 6/30/202111:47 6/30/202111:47 I nvestigati( Devin Brad 253-835-2; devin. brad 6/30/202111:43 6/30/202111:43 I nvestigatic Devin Brad 253-835-2-,devin. brad 6/30/202111:38 6/30/202111:38 I nvestigati( Devin Brad 253-835-2; devin. brad 6/30/202111:34 6/30/202111:34 I nvestigati( Devin Brad 253-835-2; devin. brad 6/30/202111:27 6/30/202111:27 I nvestigatic Devin Brad 253-835-2; devin. brad 6/30/202111:17 6/30/202111:17 I nvestigati( Devin Brad 253-835-2; devin. brad 6/24/2021 12:47 6/24/2021 12:47 I nvestigati( Devin Brad 253-835-2; devin. brad 6/17/202113:43 6/17/202113:43 I nvestigatic Devin Brad 253-835-2; devin. brad 6/17/202113:40 6/17/202113:40 I nvestigati( Devin Brad 253-835-2; devin. brad 6/17/202113:37 6/17/202113:30 I nvestigati( Devin Brad 253-835-2; devin. brad 6/17/202113:23 6/17/202113:23 Investigatic Devin Brad 253-835-2; devin. brad 6/17/2021 8:55 6/17/2021 8:55 I nvestigatic Kevin Du 253-835-2;kevin.du@ 6/14/2021 10:00 6/14/2021 10:00 I nvestigati( Devin Brad 253-835-2; devin. brad 6/11/2021 15:08 6/11/2021 15:08 Investigatic Devin Brad 253-835-2; devin. brad 6/10/2021 7:44 6/10/2021 7:44 Investigatic Devin Brad 253-835-2-,devin. brad 6/1/2021 13:31 6/1/2021 13:31 I nvestigati( Devin Brad 253-835-2; devin. brad 5/28/202115:19 5/28/202115:19 I nvestigati( Devin Brad 253-835-2; devin. brad 5/27/202116:09 5/27/202116:09 I nvestigatic Devin Brad 253-835-2-,devin. brad 5/27/202116:03 5/27/202115:56 I nvestigati( Devin Brad 253-835-2; devin. brad 5/27/202115:43 5/27/202115:43 I nvestigatic Devin Brad 253-835-2; devin. brad 5/27/202115:20 5/27/202115:20 I nvestigatic Devin Brad 253-835-2-,devin. brad 5/27/202114:51 5/27/202114:51 I nvestigati( Devin Brad 253-835-2; devin. brad 5/27/2021 8:08 5/27/2021 8:08 I nvestigati( Devin Brad 253-835-2; devin. brad 5/21/2021 16:03 5/21/2021 16:03 I nvestigatic Devin Brad 253-835-2-,devin. brad 5/20/202114:34 5/20/202114:34 1 nvestigati( Devin Brad 253-835-2; devin. brad 5/19/202113:27 5/19/202113:26 IDDE1132 5/12/2021 30:45am Other: Sou Vehicle-Rel Fuel and/o Education/ Observation (color/sh( Near or At Poverty Ba 29314 Pac Federal WE WA Us 47.33893 -122.312 no Investigati(Devin Brad 253-835-2-,devin.brad 5/19/202111:53 5/19/202111:53 IDDE1131 5/17/2021 7:15am Direct Rep( Vehicle Col Fuel and/o Clean-up Observation (color/sh( Intersection Federal WE WA US Hwy 99 S 283rd St 47.34758 -122.312 no Investigatir Kevin Du 253-835-2-,kevin.du@ 5/19/20217:37 5/19/20217:37 IDDE1130 5/12/2021 1:30pm Pollution H Vehicle Col Fuel and/o Clean-up Observation (color/sh( Intersection Federal WE WA US 41st Ave S1 SW 320th ! 47.31518 -122.385 no Investigatir Kevin Du 253-835-2-,kevin.du@ 5/13/20218:03 5/13/20218:03 IDDE1129 5/12/202111:12am Other: Sou Unconfirm Sediment/!Clean-up, EObservatio Yes- Notifi Private Site 2985418tE Federal WE WA 98003 US 47.33398 -122.311 Devin Brad 253-397-65 devin.brad no Investigatir Devin Brad 253-835-2-,devin.brad 5/20/202114:22 5/12/202112:29 IDDE1128 5/10/2021 11:OOam Other Ager Other Com Other: Leat Education/ Observatio No - None Near or At Fred Meye 33702 21st Federal WE WA US 47.29807 -122.359 Rob Von Orsow Rob.VanOr no Investigati( Kevin Du 253-835-2-, kevin.du@ 5/10/202111:38 5/10/202111:28 IDDE1127 5/5/2021 11:OOam Staff Refen Other Acch Fuel and/o Clean-up Observation (color/shr Intersection Federal WE WA US S 304th St Pacific Hwt 47.32964 -122.312 no Investigatir Kevin Du 253-835-2-, kevin.du@ 5/6/20217:35 5/6/20217:35 IDDE1126 5/5/2021 11:OOam Other Ager Food-Relat Other: Foo Enforceme Observation (color/shr Near or At Campeon f 31009 Pac Federal WE WA Us 47.32325 -122.315 no Investigatir Kevin Du 253-835-2-, kevin.du@ 5/5/202115:25 5/5/202115:25 IDDE1125 4/28/2021 11:OOam Staff Refen Landscape Sediment/! Education/ Observation (color/shr Near or At TWIN LAKE 3583 SW 3. Federal WE WA 98003 US 47.31332 -122.378 no Investigatir Kevin Du 253-835-2-, kevin.du@ 5/4/202113:06 5/4/202113:06 IDDE1124 4/30/2021 12:18pm Pollution H Constructi( Fuel and/o Clean-up Observatio No - None Intersection Federal WE WA US 1st Ave SW SW 374th ! 47.26655 -122.336 no Investigatir Kevin Du 253-835-2-, kevin.du@ 5/3/20218:34 5/3/20218:34 IDDE1123 4/27/2021 11:OOam Pollution H Landscape. Sediment/! Education/ Observation (color/shr Private Site 28209 22n, Federal WE WA 98003 US 47.34846 -122.306 Thomas 253-529-9: ironpearce no Investigati( Kevin Du 253-835-2-, kevin.du@ 4/28/2021 15:43 4/28/202115:43 IDDE1122 4/21/2021 9:30am Staff Refen Constructir Sediment/! Clean-up, E Observation (color/shr Intersection Federal WE WA US SW 344th ! 18th Ave S' 47.29345 -122.359 no Investigatir Kevin Du 253-835-2-, kevin.du@ 4/21/202111:53 4/21/202111:53 IDDE1121 4/14/2021 11:OOam Business In Vehicle-Rel Soap or CIE Clean-up, E Observation (color/shr Near or At CHEVRON/ 34007 Hoy Federal WE WA 98003 US 47.29691 -122.383 no Investigatir Kevin Du 253-835-2-, kevin.du@ 4/20/20219:32 4/20/20219:32 IDDE1120 4/15/2021 3:30pm Pollution H Constructir Sediment/! Clean-up, E Observation (color/shr Private Site 30633 15tE Federal WE WA 98023 US 47.32707 -122.355 SeeClickFix error unable to obtain no Investigatir Kevin Du 253-835-2-, kevin.du@ 4/20/20219:02 4/20/20219:02 IDDE1119 4/14/2021 11:OOam Staff Refen Constructi( Other: Con Clean-up, E Observation (color/shr Private Site 504 S 310tl Federal WE WA 98003 US 47.324 -122.328 Aaron Berreth Aaron.berr no Investigatir Kevin Du 253-835-2-, kevin.du@ 4/15/20218:40 4/15/20218:40 IDDE1118 4/13/2021 9:30am Staff Refen Mobile Bus Other: Cen Clean-up, E Observation (color/shr Near or At Twin Lks Vi 2300 SW 3. Federal WE WA US 47.30092 -122.363 no Investigatir Kevin Du 253-835-2-, kevin.du@ 4/13/202116:00 4/13/202116:00 IDDE1117 4/7/2021 7:45pm Pollution H Unconfirm Unconfirm, Education/ Observation (color/shr Near This Address 1214 SW 3, Federal WE WA 98023 US 47.31094 -122.388 Patrick Pomeroy patrickpon no Investigati( Kevin Du 253-835-2-, kevin.du@ 4/9/20219:16 4/9/20219:16 IDDE1116 4/1/2021 1:30pm Staff Refen Vehicle-Rel Fuel and/o Education/ Observation (color/shr Intersection Federal WE WA US 43rd PI SW SW 320th I 47.3147 -122.388 Marek no Investigatir Kevin Du 253-835-2-, kevin.du@ 4/1/2021 14:31 4/1/202114:31 IDDE1115 3/22/202112:00am Pollution H Constructi( Sediment/!Clean-up, E Observation(color/shr Intersection Federal WE WA US SW292nd 1st Ave 47.34065 -122.334 no I nvestigatir Kevin Du 253-835-2-,kevin.du@ 3/22/202110:06 3/22/202110:06 IDDE1114 3/17/2021 3:48pm 0&M/Facil Unconfirm Soap or Cie Enforceme Observation (color/shr Near or At Hidden We 1826 S 285 Federal WE WA US 47.34605 -122.31 no Investigatir Kevin Du 253-835-2-, kevin.du@ 3/18/2021 12:39 3/18/2021 12:39 IDDE1112 3/17/202112:00pm Pollution H Intentional Sewage/Se Clean-up, EObservatio Yes- Notifi Near or At Tesoro 1650 SW D Federal WE WA US 47.3228 -122.356 no I nvestigati( Kevin Du 253-835-2-,kevin.du@ 3/17/202112:35 3/17/202112:25 IDDE1111 3/11/20212:30pm O&M/Facil Food-Relat Solid Wasti Enforceme Observation(color/shr Near or At The Quad 329011st) Federal WE WA US 47.30744 -122.336 no I nvestigatir Kevin Du 253-835-2-,kevin.du@ 3/12/202110:12 3/12/202110:12 IDDE1110 3/2/2021 9:OOam 0&M/Facil Other Com Sediment/! Clean-up, E Observation (color/shr Near or At CTM Grani 1710 S 344 Federal WE WA 98003 US 47.29392 -122.311 no Investigatir Kevin Du 253-835-2-, kevin.du@ 3/2/20219:37 3/2/20219:37 IDDE1109 2/22/2021 1:10pm Staff Refen Constructi( Sediment/! Clean-up, E Observation (color/shr Intersection Federal WE WA US 32nd Ave S S 320th St 47.31507 -122.292 no Investigatir Kevin Du 253-835-2-, kevin.du@ 2/22/2021 14:47 2/22/202114:47 IDDE1108 2/22/2021 8:53am ERTS Refer Vehicle Col Fuel and/o Clean-up Map Analysis Intersection Federal WE WA US NB 1-5 North of S. 47.2706 -122.316 no Investigatir Kevin Du 253-835-2-, kevin.du@ 2/22/20219:41 2/22/20219:41 IDDE1106 2/5/2021 11:OOam Staff Refen Other Accii Fuel and/o Clean-up Observatio No -Clean( Private Site 31132 28tE Federal WE WA 98003 US 47.32251 -122.297 Gene Greenfield gene.greer no Investigatir Kevin Du 253-835-2-, kevin.du@ 2/10/202110:18 2/10/202110:16 IDDE1105 2/9/2021 4:OOpm Business In Other Com Sediment/., Enforceme Observatio No - None Near or At Ernie&#39; 33221 Pad Federal WE WA US 47.30469 -122.314 no Investigatir Kevin Du 253-835-2-, kevin.du@ 2/10/20218:44 2/10/20218:44 IDDE1104 2/3/20219:00am Staff Refen Other Acch Sediment/!Clean-up Observation(color/shr Intersection Federal WE WA US Hoyt Rd SV SW 322nd 47.29911 -122.385 no I nvestigatir Kevin Du 253-835-2-,kevin.du@ 2/10/20218:35 2/10/20218:35 IDDE1103 2/1/2021 3:48pm Staff Refen Other Accii Sediment/! Education/ Observation (color/shr Intersection Federal WE WA US SW 348th'. 21st Ave S\ 47.28951 -122.361 no Investigatir Kevin Du 253-835-2-, kevin.du@ 2/2/20219:53 2/2/20219:53 IDDE1102 1/29/2021 30:OOam Pollution H Other: Sep Unconfirm, Referred Ti Observatio Unknown Private Site 629 SW 29,. Federal WE WA 98023 US 47.33335 -122.343 Cathy Gree 253-394-1' SeeClickFix no Investigatir Kevin Du 253-835-2-, kevin.du@ 1/29/2021 14:26 1/29/202114:24 IDDE1101 1/25/2021 11:50am O&M/Facil Other Com Sediment/! Clean-up, E Observation (color/shr Near or At The Slavic 13405 S 336 Federal WE WA 98001 US 47.29978 -122.289 no Investigatir Kevin Du 253-835-2-, kevin.du@ 1/25/202111:51 1/25/202111:51 IDDE1100 1/19/2021 11:OOam Direct Rep(Vehicle-Rel Fuel and/o Referred Ti Observatio No - None Private Site 627 SW 30, Federal WE WA 98023 US 47.32948 -122.344 Js Reimer 206-371-6894 no Investigatir Kevin Du 253-835-2-, kevin.du@ 1/21/202115:42 1/21/202115:41 IDDE1099 1/14/2021 11:OOam Staff Refen Other Accii Other Was Education/ Observation (color/sh( Private Site 30538 7th. Federal WE WA 98023 US 47.3275 -122.344 Aaron Berreth Aaron.berr no Investigati( Kevin Du 253-835-2-, kevin.du@ 1/21/202115:29 1/21/202115:29 IDDE1098 1/20/2021 3:OOpm Pollution H Constructi( Sediment/! Education/ Observation (color/sh( Private Site Parcel #04: Federal WE WA 98003 US 47.3165 -122.322 Theresa Th 253-835-2-,theresa.thc no Investigati( Kevin Du 253-835-2-, kevin.du@ 1/20/202115:55 1/20/202115:55 IDDE1097 1/15/2021 7:42pm ERTS Refer Other: Pos: Sewage/Se Clean-up Observation (color/sh( Intersection Federal WE WA US SW 310th !SW Dash P, 47.32433 -122.354 no Investigati( Kevin Du 253-835-2-, kevin.du@ 1/20/202112:31 1/20/202112:31 IDDE1096 1/20/2021 11:OOam Business In Other Com Sediment/., Enforceme Observation (color/sh( Near or At The Dollar 31014 Pac Federal WE WA Us 47.3237 -122.312 no Investigati( Kevin Du 253-835-2-, kevin.du@ 1/20/2021 12:23 1/20/2021 12:23 IDDE1095 1/12/2021 12:OOam Pollution H Refueling ( Fuel and/o Clean-up, E Observation (color/sh( Near or At Chevron St 34727 Pac Federal WE WA US 47.29032 -122.318 Shelley no Investigati( Kevin Du 253-835-2-, kevin.du@ 1/12/202115:24 1/12/202115:24 IDDE1094 1/11/2021 3:OOpm Constructir Constructi( Sediment/! Clean-up, E Observation (color/sh( Private Site 30313 21st Federal WE WA 98023 US 47.33016 -122.361 Jarred Larson jarred.lars( no Investigati( Kevin Du 253-835-2-, kevin.du@ 1/12/20219:32 1/12/20219:32 IDDE1093 1/10/2021 12:OOpm Staff Refen Vehicle Col Other: tran Clean-up Observation (color/sh( Intersection Federal WE WA Us S 312th St 28th Ave S 47.32229 -122.298 no Investigati( Kevin Du 253-835-2-, kevin.du@ 1/11/20218:04 1/11/20218:04 COUNCIL MEETING DATE: March 15, 2022 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS POLICY QUESTION: Should City Council authorize the submittal of transportation grant applications? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E, Deputy Director DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize the grant application submittals. 2. Do not authorize the grant application submittals and provide direction to staff. MAYOR'S RECo1IMENDAT[ON: Option ], MAYOR APPROVAL: InittaliDati 0( DIRECTOR APPROVAL: ?7 3 ZZ 0 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed authorization for grant application submittals to the March 15, 2022 consent agenda for approval. V�o,--2wt' Jack Walsh, Committee Member HoanQ Tran. Committee Member PR6POSED COUNrfL MOTION: "I move approval of the proposed authorization. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director W Desiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS FINANCIAL IMPACTS: The street capital program is funded primarily by leveraging of annual city funding to match available grant funding. The street capital program is funded annually by a combination of dedicated funding sources including: $1.5 Million Real Estate Excise Tax (REET), $320,000 Motor Vehicle Excise Tax (MVET), and $300,000 (on average) Traffic Impact Fees (TIF). Proposed city match funds per proposed grant application per year is detailed below. Operations and maintenance of these projects is expected to be minimal and primarily consisting of additional electricity costs associated with added street lighting. Operations and maintenance costs will be considered as part of the future budgets once the construction is completed. The asphalt overlay program is funded annually by a combination of dedicated funding sources including: $1.0 Million REET, $500,000 MVET, and $2.0 M of Solid Waste Excise Tax. These funds are used to leverage for preservation grant funds. There are no additional operations and maintenance costs associated with pavement preservation projects given it is rehabilitation of existing infrastructure. BACKGROUND INFORMATION: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2022 Puget Sound Regional Council (PSRC) Countywide Grant Program. Project (Funding Phase) Estimated Project Cost I Possible Grant Funds Estimated City I Grant Match Pacific Hwy Non -Motorized Trail — Phase 2 (Construction) S 308"' — S 304"; Dash Point Road — S 2881 PSRC — Countywide $3,500,000 $3,000,000 $500,000 Non -Motorized (Federal Funds) City Center Access — BPA Trail Extension Phase 1 (Design) S 324tn — I Vh PI S to 230 Ave S; 23'd Ave S — S 3241 to S 320th PSRC —Countywide $800,000 $650,000 $150,000 Non -Motorized (Federal Funds) March 7, 2022 Land Use and Transportation Committee Authorization to Submit Transportation Grant Applications Page 2 Project (Funding Phase) Estimated Project Cost I Possible Grant Funds I Estimated City I Grant Match S 3201 Preservation (Design + Construction) 111 Ave S — Pacific Hwv S PSRC—Countywide $3,000,000 $1,500,000 $1,500,000 Preservation (Federal Funds) S 324th Preservation (Design + Construction) 11" PI S — Pacific Hwv S PSRC — Countywide $700,000 $350,000 $350,000 Preservation (Federal Funds) COUNCIL MEETING DATE: March 15, 2022 ITEM #: 6a ............. ........ ---..... .._- .... ....... - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: AMENDING CITY COUNCIL RULES OF PROCEDURE — ORDER OF MEETING POLICY QUESTION: Should the City Council amend the Council Rules of Procedure to change the order of the regular meeting agenda to hear Public Comment earlier in the meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ® Resolution ❑ Other STAFF REPORT BY. J. Ryan Call, City Attorney DEPT: LAW Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Initial/Date DIRECTOR APPROVAL: G 2 1 I n itialfDate Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Proposed Changes to Council Rules of Procedure — Order of Meeting Financial Impacts: There are no foreseeable financial impacts to the City attributable to these proposed changes. Background Information: Per Council's direction at the February 26, 2022, Regular Council Meeting, I have drafted a resolution that would change the Council Rules of Procedure to: Change the order of the regular meeting agenda moving the Mayor's report and Public Comment to the top of the meeting. Rev. 7/18 and RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending the City Council Rules of Procedure. WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992; WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times since 1992; and WHEREAS, the City Council believes that moving Public Comment to occur earlier in Regular Council Meeting Agenda will make it easier for some to give comment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Rule 2.2 shall be amended as follows: 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (a) Call Meeting To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member's absence is excused. The Mayor may, with the concurrence of the Council, take agenda items out of order. Agenda items may be added pursuant to Rule 3.3 of these Rules. (b) Pledge of Allegiance Council Members or invited guests lead the flag salute. (c) Mayor Emerging Issues and Report ,(d) Citizen Comment Resolution No. 22- Page 1 of 7 Rev 1 /21 Members of the audience may comment on items relatingto o any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public office). Citizen comment sign-up sheets will be available at each regular council meetingfor or the use of those citizens wishing to address the Council. Comments are limited to three (3) minutes, except the follow will be allowed five (5) minutes: - a person whose property is the .subject of a condemnation ordinance then pending before the City Council; - a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other citizens have designated the speaker as spokesperson. No speaker may convey or donate his or her time to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during the 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.) (e)D Proclamations and Presentations i. 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 that have a major citywide impact. City Council Proclamations will 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. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. Resolution No. 22- Page 2 of 7 Rev 1 /21 The Mayor, Council President, and Deputy Mayor will determine together if a Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Council Proclamation be added to a regular meeting agenda by submitting a draft of the proposed text of the Proclamation to the Council President or Mayor prior to the agenda setting meeting outlined in Section 3 of these rules. Council Members who propose a Proclamation must identify a person to receive the proclamation no later than noon on the Thursday before the meeting where it is to be presented. iiiii. Council Committee and Regional Committee Reports iviii. Deputy Ma or Report Viv. Council President Report a per -son —5ipeiukiiig oft behalf of a group ariii afe than zfive -(5�-Si ttef 4 1 I - 301"! _; Resolution No. 22- Page 3 of 7 Rev 1 /21 (e3 f) Consent Agenda Consent Agenda items have either been previously considered by a City Council Committee or are considered to be routine and non -controversial and may be approved by one motion. Any Council Member may remove an item from the Consent Agenda for separate discussion and action. (kg) Public Hearings See Section 12 of these Rules for discussion of public hearing procedures. (g)�hj Council Business Council Business items are those items other than items on the consent agenda, resolutions, and ordinances requiring Council action. NQi Ordinances i. First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. Citizen Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. ii. Second Reading and Enactment. Council Members approve the ordinance for enactment as an enforceable City law. iii. Mayor's Action. Upon successful passage of an ordinance, the Mayor may: A. Approve the ordinance as passed by Council and sign the ordinance; or, B. Veto the enacted ordinance by submitting written objections to the City Clerk and the City Council within ten (10) calendar days; or, Resolution No. 22- Page 4 of 7 Rev 1 /21 C. Not sign the ordinance, which will then become valid after ten (10) calendar days have elapsed. iv. Council Response to a Mayoral Veto. A. Upon receiving notice of a veto with written objections, the City Council may amend the agenda of the next City Council meeting to have the written objections read into the record during Council Business. The City Council may then take action at the City Council meeting or at the following City Council meeting. City Council may respond to a veto by: I. Reconsidering and modifying the enacted ordinance to incorporate solutions to the Mayor's written objections; or II. Override the Mayor's veto by a vote of five (5) Council Members (a majority plus one). B. If the Mayor does not sign an ordinance within ten (10) days of passage, the Council President will sign the ordinance. V. Publication of the Ordinance The City Clerk will publish the enacted ordinance title in the official newspaper, which will establish the effective date, after final action by the Mayor or the City Council. (OfD City Council Reports Council Members may report on significant activities since the last meeting. f@Lk) Executive Session Executive session may be held in accordance with Rule 2.1(e) above. (k-)(D Adjournment With no further business to come before the Council, the Mayor adjourns the meeting. Resolution No. 22- Page S of 7 Rev 1 /21 Section 2. Those language changes shown as underline and strikethrough changes in the preceding sections are hereby adopted and a clean version of the Council Rules accepting all changes are attached as Exhibit A. Section 3. Severability. If any section, sentence, clause or phrase of this resolution 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 of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. E11ective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_ [signatures to follow] Resolution No. 22- _ Page 6 of 7 Rev 1 /21 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 7 of 7 Rev 1 /21 Exhibit A CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE 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 November 16, 1999 February 19, 2002 February 19,2003 April 6, 2004 March 7, 2006 May 15, 2007 September 18, 2007 March 3, 2009 February 16,2010 November 23, 2010 December 7, 2010 February 1, 2011 March 1, 2011 February 7, 2012 November 3, 2015 March 15, 2016 March 7, 2017 March 5, 2019 February 18, 2020 January 4, 2022 March _, 2022 OFFICE OF THE CITY CLERK INDEX SECTION NO. TITLE PAGE NO. 1 Authority 1 2 Council Meetings 1 3 Agenda Preparation 6 4 Council Discussion 7 5 Citizen Comment 7 6 Motions 8 7 Ordinances 10 8 Presiding Officer 11 9 Council Relations with City Staff 11 10 Council Meeting Staffing 12 11 Council Member Attendance at Meetings 12 12 Public Hearings 14 13 Media Attendance at Council Meetings 15 14 Council Representation and Social Media Use 15 15 Confidentiality 17 16 Council Travel & Expenses 17 17 Public Records 24 18 Council President and Deputy Mayor Selection Process 24 19 City Advisory Bodies 25 20 Council Committees 28 21 Filling City Council and Mayor Vacancies 29 22 Miscellaneous 32 23 Suspension and Amendment of Rules 33 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 will be in effect upon adoption by the Council and until such time as they are amended or new Rules are adopted. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (a) Regular Meetings Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall with the exceptions outlined below Regular meetings of Council will begin at 6:30 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 or election night, the meeting will be held at 6:30 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. In the month of August, one regular meeting of Council will be held on the second Tuesday of the month in lieu of meetings on the first and third Tuesdays. Unless a majority of Council votes otherwise, the second regular meeting of Council in December (on the third Tuesday) will not be held. (b) Special Meetings A special meeting of Council is any Council meeting other than a regular meeting. Notice will be given at least 24 hours in advance of any special meeting specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be called by the Council President, the Mayor, or a majority of the Council Members. (c) Study Sessions Council study sessions will be held as needed as directed by the Council President, the Mayor, or by two (2) or more Council Members. Study sessions will be informal meetings for the purpose of reviewing prospective programs, receiving progress reports on current programs or projects, or to consider a topic in greater detail than time might allow at a regular or special meeting. No final action on a topic may be taken at a study session. Action on topics of study sessions will be taken at a regular or special meeting of Council. (d) Emergency Meetings An emergency meeting is a special meeting of Council called without 24-hour notice. An emergency meeting will be held only when immediate action of Council is necessary to avoid or mitigate injury to persons or property and when 24-hour notice of a special meeting is likely to increase the likelihood of such injury. Emergency meetings may be called by the Mayor or a majority of Council Members. The minutes will indicate the reason for the emergency meeting. (e) Executive Session of Council An executive session is that portion of a Council meeting that is closed to the public and attended by the Council, the Mayor and necessary staff members and/or consultants. Executive sessions may be held during Regular or Special Council meetings. Prior to entering an executive session, the chair of the meeting will publically state the legal basis for the executive session and the estimated time that the meeting will be closed to the public. Should the estimated time of the executive session be exceeded, a public announcement will be made that the executive session is being extended. State law limits the topics that may be discussed in executive session s and include such topics as 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. (f) Retreats The annual retreat will be scheduled before March 1 of each year. Council may request that the Mayor schedule a mid -year retreat at its discretion. 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (a) Call Meeting To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member's absence is excused. The Mayor may, with the concurrence of the Council, take agenda items out of order. Agenda items may be added pursuant to Rule 3.3 of these Rules. 2 (b) Pledge of Allegiance Council Members or invited guests lead the flag salute. (c) Mayor - Emerging Issues and Report (d) Citizen Comment Members of the audience may comment on items relating to any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public office). Citizen comment sign-up sheets 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, except the follow will be allowed five (5) minutes: - a person whose property is the subject of a condemnation ordinance then pending before the City Council; a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other citizens have designated the speaker as spokesperson. No speaker may convey or donate his or her time to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during the 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.) (e) Proclamations and Presentations i. 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 that have a major citywide impact. City Council Proclamations will 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. 3 Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. The Mayor, Council President, and Deputy Mayor will determine together if a Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Council Proclamation be added to a regular meeting agenda by submitting a draft of the proposed text of the Proclamation to the Council President or Mayor prior to the agenda setting meeting outlined in Section 3 of these rules. Council Members who propose a Proclamation must identify a person to receive the proclamation no later than noon on the Thursday before the meeting where it is to be presented. ii. Council Committee and Regional Committee Reports iii. Deputy Mayor Report iv. Council President Report (f) Consent Agenda Consent Agenda items have either been previously considered by a City Council Committee or are considered to be routine and non -controversial and may be approved by one motion. Any Council Member may remove an item from the Consent Agenda for separate discussion and action. (g) Public Hearings See Section 12 of these Rules for discussion of public hearing procedures. (h) Council Business Council Business items are those items other than items on the consent agenda, resolutions, and ordinances requiring Council action. (i) Ordinances i. First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. 2 Citizen Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. ii. Second Reading and Enactment. Council Members approve the ordinance for enactment as an enforceable City law. iii. Mayor's Action. Upon successful passage of an ordinance, the Mayor may: A. Approve the ordinance as passed by Council and sign the ordinance; or, B. Veto the enacted ordinance by submitting written objections to the City Clerk and the City Council within ten (10) calendar days; or, C. Not sign the ordinance, which will then become valid after ten (10) calendar days have elapsed. iv. Council Response to a Mayoral Veto. A. Upon receiving notice of a veto with written objections, the City Council may amend the agenda of the next City Council meeting to have the written objections read into the record during Council Business. The City Council may then take action at the City Council meeting or at the following City Council meeting. City Council may respond to a veto by: I. Reconsidering and modifying the enacted ordinance to incorporate solutions to the Mayor's written objections; or Il. Override the Mayor's veto by a vote of five (5) Council Members (a majority plus one). B. If the Mayor does not sign an ordinance within ten (10) days of passage, the Council President will sign the ordinance. V. Publication of the Ordinance The City Clerk will publish the enacted ordinance title in the official newspaper, which will establish the effective date, after final action by the Mayor or the City Council. 5 (j) City Council Reports Council Members may report on significant activities since the last meeting. (k) Executive Session Executive session may be held in accordance with Rule 2.1(e) above. (1) 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 state and local law. These minutes will constitute the official record of the Council. With the exception of scrivener's errors, official City Council meeting minutes will not be revised without a majority vote of the Council at a regular meeting of Council. 2.4 COUNCIL MEMBER SEATING City Council Members and the Mayor will be seated at the dais in the following order (counting from left to right when facing the dais from the audience): (a) The Mayor and Council President will sit in chairs #4 and #5, respectively (the center seats at the dais); the Deputy Mayor will sit in chair #3. (b) The remaining Council Members will be seated consecutively from left to right when facing the dais from the audience with position 41 being in chair #1, position #2 being in chair #2, and so on. 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 a list of each item to be considered by the Council. 3.2 The agenda is subject to approval by the Council President, Deputy Mayor, and one Committee Chair. The assignment of the Committee Chair will be for one year. Should the designated Committee Chair decline the assignment, the assignment will fall to the next Chair in order. The Committee Chair tasked with assisting the Council President and Deputy Mayor in approving the agenda will be assigned in in the following order: G Finance/Economic Development/Regional Affairs Committee Land Use/Transportation Committee Parks/Recreation/Human Services & Public Safety Committee 3.3 An item may be placed on a Council meeting agenda by: (a) A majority vote of the Council; (b) Council Consensus; (c) By any two (2) Council Members; (d) By the action of a Council Committee; or (e) 'By the Mayor 3.4 The proposed agenda will be provided to all City Council Members no less than 48 hours prior to publication. 3.5 The City Clerk will publish the final agenda no later than 5:00 p.m. on the Thursday prior to the Council meeting. The complete Council packet will be published no later than 5:00 p.m. on the Friday prior to the Council meeting. 3.6 A majority of Council may vote to amend a regular meeting agenda after it has been published. Such amendments to the agenda must occur at the start of the public meeting. Any alteration of a special meeting agendas must be publicized at least 24-hours before the scheduled meeting. 3.7 Legally required or publicly advertised Public Hearings will take precedence over other agenda items. 3.8 All agenda packets and agenda items will be in the format provided by the City Clerk's Office. SECTION 4. COUNCIL DISCUSSION 4.1 All Council discussion will be governed by Robert's Rules of Order, Newly Revised_. Where there is a conflict between Robert's Rules of Order and these rules, these rules will control. 7 SECTION 5. CITIZEN COMMENT 5.1 Persons addressing the Council, who have not been invited to present as part of the formal agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. A person speaking on behalf of a group of more than five (5) in attendance or written proof that more than five (5) designate as spokesperson may speak for five (5) minutes. No speaker may convey or donate his or her time to another speaker. All remarks will be addressed to the Council as a whole, and not to individuals such as City staff members, Council Members or the Mayor. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be corrected by the chair or removed from the meeting. 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will read the written comment into the record during the Public Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to written comments being read into the record. 5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to maintain order at any meeting. 5.4 Citizens with complaints, concerns or questions, should be encouraged to refer the matter to the Mayor, 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 that involves a potential violation of the City's Code of Ethics will be advised by the Council, the Mayor or City staff, of the existence of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion that requires a second does not receive a second, it dies. Examples of motions that do not need a second include: nominations, withdrawal of motion, agenda order, request for a roll call vote, and points of order. 6.2 A motion related to the passage of an ordinance, grant, or revocation of a franchise or license, or any resolution for the payment of money that receives a tie vote is deemed to have failed. Otherwise, the Mayor may vote to break a tie vote as outlined in RCW 35A.12.100. 6.3 Motions should be made clearly and concisely, outlining the proposed action to be taken. Arguments in support of the motion should not be included in the motion. 6.4 After a motion and second, the Mayor will state the names of the Council Members 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 voting. Council may question staff to seek their opinions on the likely consequences of a proposed course of action. No further citizen comments may be heard while there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council reaches consensus without a formal vote on a topic that does not require a formal vote, 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 used to set aside a pending motion to handle business that is more pressing. A motion to table may not interrupt the speaker that has the floor. It requires a second and a majority vote. It is not debatable, but it is proper (and often required for the member to briefly explain the reason for the motion). If the motion to table prevails, the motion and all pending amendments to the motion are set aside to be considered at a future time when it is "taken from the table." A tabled motion may be taken from the table at any time during a regular meeting before it expires at the end of the next regular meeting. If an item is not taken from the table before the adjournment of the next regular session, the motion fails. 6.9 A motion to postpone to a certain time is the preferred method of postponing consideration of an issue to a future time. It is debatable as to the reason for the postponement but not to the merits of the main motion. It is amendable and may be reconsidered at the same meeting. 6.10 A motion to postpone indefinitely ends consideration of the main motion without taking a direct vote on the merits of the main motion. It is debatable as to the reason for the postponement as well as to the merits of the main motion. It is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 6.11 A motion to call for the question closes debate on the main motion and is undebatable. This motion requires a second and requires a two-thirds (2/3) majority to pass. Debate continues normally if the motion fails. 6.12 A motion to amend the motion is to insert or add, strike out, strike out and then insert, or substitute language in the motion it seeks to modify. Motion to amend requires a second and a majority vote. 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. 0 6.13 A pending motion to amend is voted on first, then the main motion as amended is voted on (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote. 6.16 When a question has been decided, any Council Member who voted in the majority may move for reconsideration. A motion for reconsideration of a vote made after the meeting has adjourned is out of order. 6.17 The City Attorney will decide all questions of interpretations of these Rules and other questions of a parliamentary nature that may arise at a Council meeting. (See Section 4 of these Rules.) All cases not provided for in these Rules will be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules will prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non -unanimous votes, or if requested by a Council Member, 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 during televised City Council meetings the outcome of the vote. The official meeting minutes will always reflect roll call votes on each action item. 6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal will be voted on by the Council. An appeal may not be amended, is not debatable when it relates to breaches of decorum, violations of the rules of speaking, the priority of business, or if the appeal is made while a previous question remains pending. An appeal is not in order when another appeal is pending. SECTION 7. ORDINANCES 7.1 All ordinances will be prepared or reviewed by the City Attorney. No ordinance will be prepared for presentation to the Council, unless requested by a majority of the Council, the Mayor, or the City Attorney. 7.2 Ordinances will be introduced and enacted by Council Bill Number. After enactment, the City Clerk will assign a permanent ordinance number. 7.3 The City Clerk or designee will read the title of the ordinance prior to voting. 7.4 Upon enactment of the ordinance, the City Clerk will obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk will obtain the signature of the Mayor. After the Mayor's signature, the City Clerk will sign the ordinance. 7.5 If the Mayor vetoes an ordinance with written objections to Council, the Council may vote on the disputed ordinance at the next City Council meeting. If a majority plus one of Council 10 vote to approve the disputed ordinance, it becomes effective in accordance with the effective date in the ordinance. If a majority plus one of the Council does not approve the disputed ordinance, it fails. 7.6 Ordinances, or ordinance summaries, will be published in the official newspaper immediately following enactment. 7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless otherwise specified in the body of the ordinance. SECTION 8. PRESIDING OFFICER 8.1 The Presiding Officer at all meetings of the Council will be the Mayor, and in the absence of the Mayor, the Council President will act in that capacity. If both the Mayor and Council President are absent, the Deputy Mayor will preside. If the Mayor, Council President, and Deputy Mayor are absent the Council Members present will elect one of its members to serve as Presiding Officer until the return of the Mayor, Council President, or Deputy Mayor. 8.2 The Presiding Officer will: (a) Preserve order and decorum in the Council chambers; (b) Observe and enforce these Rules; (c) Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; (d) Recognize Council Members in the order in which they request the floor. (e) The Presiding Officer, when a Council Member acts as Presiding Officer, that Council Member will be governed in all matters and issues by the same rules and restrictions as other Council Members. SECTION 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There will be mutual respect from both City staff and Council Members 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 Council Members will acknowledge City staff as administering the policies of the City. 11 9.3 All written requests for information from Council Members will be submitted by City staff, after approval of the Mayor, to all Council Members with a notation indicating which Council Member requested the information. 9.4 Council Members will 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 will not attempt to directly control the operating rules and practices of any City department. 9.6 Mail that is addressed to the Council as a whole will be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 9.7 The City Clerk will not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member will direct the Mayor 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 that implicate City policy will be directed to a Council Committee for consideration. 9.9 Individual Council Members may make direct requests for information to department directors. Requests that will create a change in work assignments or City staffing levels must be made through the Mayor. 9.10 Whenever practicable, Council Members will provide staff advance notice of any questions or concerns they have regarding an agenda item or topic of debate prior to asking those questions or expressing those concerns in a public meeting. SECTION 10. COUNCIL MEETING STAFFING 10.1 The Mayor will preside over all regular meetings of the Council unless excused. The Mayor may make recommendations to the Council. When the Mayor has an excused absence, the Council President will preside over the meeting. 10.2 The City Attorney will attend all meetings of the Council unless excused, and will, upon request, give an opinion, either written or oral, on legal questions. The City Attorney will act as the Council's parliamentarian. The Deputy or Assistant City Attorney will attend meetings when the City Attorney has been excused. 10.3 The City Clerk, or designee, will attend regular and special 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. 12 SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (a) Death of immediate family member "Immediate Family" is defined as the Council Member's parent, spouse or domestic partner, child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in- law, grandparent, grandchild, aunt, uncle, or the step -relation equivalent to those listed. (b) Illness Illness of a Council Member or of an immediate family member, as defined above, requiring the member to personally attend and care for the immediate family member provided that the illness does not necessitate an absence longer than six (6) months. (c) Three nonconsecutive absences Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Rule 11.3. (d) Absences for Council Business A Council Member who is absent because of other commitments representing Council or because of circumstances beyond the Council Member's control, such as due to traffic, weather, or an accident. 11.2 VACANCY OF OFFICE A Council position shall become vacant if the councilmember fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (RCW 35A.12.060) 11.3 Council Members will inform the Mayor, the Council President, 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 Council Member as having an excused absence. 13 11.4 ATTENDANCE FROM A REMOTE LOCATION (a) Purpose. The City Council recognizes the benefits of the fullest practicable attendance and participation by its Members and by the Mayor and hereby allows attendance from a remote location of regular, special, and committee meetings of Council through the use of electronic two-way communication methods such as speakerphones or internet communication platforms. Attendance from a remote location is not permitted for executive sessions. (b) Effect. Votes cast by the Council Member attending remotely will have the same effect as votes cast by members physically present at the meeting. The Presiding Officer must be physically present at the meeting. (c) Intent. Attendance from a remote location is intended to be an alternative and relatively infrequently -used method for participation at meetings by Members of the Council. (d) Limit. Only three Council Members may attend any City Council meeting by remote communication. Council Members intending to participate in a meeting from a remote location should let the City Clerk know as soon as possible of their intention. The City Clerk will confirm that one of the three remote connections is still available for that specific meeting. Only two Council Members may attend any Council Committee meeting by remote connection. Council Members intending to participate in a meeting from a remote location should let the staff assigned to support the Committee know as soon as possible of their intention to attend remotely. Staff will confirm that one of the two remote connections is still available for that specific meeting. (e) System Requirement. All communication to and from the remote location must be clearly heard by all others in attendance. (f) Protocol. In any meeting involving remote attendance, at the beginning of meeting the Presiding Officer will inform all present that a particular Member of the Council or Mayor is attending remotely via electronic means and confirm that all participants can hear each other clearly. This confirmation will be recorded in the meeting minutes. If the Council Member or Mayor who is attending from a remote location will not be participating through the entire meeting, the presiding officer will announce through what portion attendance by remote location will occur. If remote communication is irreparably broken or significantly degraded during the meeting; the presiding officer will confirm the loss of the connection and close the remote attendance. The Presiding Officer will at this time state if quorum for the meeting has been affected by the loss of the connection. 14 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 of a legislative public hearing is to obtain public input on legislative decisions on matters of policy such as 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 the rights of specific parties and include, 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 as part of the public comment process. In quasi-judicial hearings, Council Members will comply with all applicable laws including the appearance of fairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. The Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but is meant to avoid an appearance of conflict of interest to the average person. This may involve the Council Member or a Council Member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council Member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, each Council Member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council Member should disclose the facts to the Mayor who will seek the opinion of the City Attorney, which will be communicated to the Council Member and the Mayor. SECTION 13. MEDIA ATTENDENCE AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Council Committees, and Council advisory bodies are open to the media. Media representatives may freely make audio or video recordings of Council Meetings, provided that it does not interfere with the orderly conduct of the meeting. Seating space will be provided for the media at public meetings. 15 SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE 14.1 All public communications should model the same professional behavior expected during Council meetings or community meetings, and reflect favorably on the speaking Council Member, the City Council as a whole, and the City. If a Council Member appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, the Council Member will state the majority position of the Council, if known, on such issue. Personal opinions and comments that differ from the Council majority may be expressed if the Council Member clearly states that the views expressed do not represent those of the City Council or the City of Federal Way. 14.2 Council Members need to have other Council Members' permission before representing to media, another governmental agency, a community organization or to any third party: (1) another Council Member's view or position; or (2) the majority of Council's view or position. 14.3 SOCIAL MEDIA Social media posts such as blogs, Facebook, and Twitter may be used by Council Members to communicate with the public, provided the following guidelines are used: (a) To comply with the Public Records Act (PRA), Council Members will follow those archiving procedures outlined in Rule 17.3 Social Media Records. (b) Social media will not be used to conduct City Council business other than to informally communicate. Public notices, items of legal or fiscal significance that have not been released to the public, and discussion of quasi-judicial matters may not be included in Council Member social media posts. (c) Responses to social media posts will be limited by the provision of the Open Public Meetings Act so as not to constitute an open public meeting if a quorum of the City Council was to participate. (d) In order to demonstrate openness and willingness to listen to the entire community, Council Member posts on social media sites should be made through a public -facing page or by marking individual posts available to the public as a whole. (e) Disclaimers, per Rule 14.4 are used. (f) If a Council Member makes a factual error in a public communication, they should correct the error as soon as possible. Blog posts may be corrected by amending a previous post with a note that a correction was made. Council Members are encouraged to maintain social media sites with settings that can restrict a user's ability to comment in order to avoid inadvertent discussion that may violate the Open Public Meetings Act. 14.4 SOCIAL MEDIA DISCLAIMERS Social media postings will include, or reference a link to, disclaimers that state: (a) The views expressed represent the views of the author and may not reflect the views of the Federal Way City Council or official City policy. (b) Responses to the communication by other Council Members may be limited by the provision of the Open Public Meetings Act under which a policy discussion must be held in an open public meeting if a quorum of the City Council participates. (c) Comments posted in response to a Council Member -initiated communication may be subject to public disclosure under the Washington State Public Records Act. SECTION 15. CONFIDENTIALITY 15.1 Council Members will keep confidential all written materials and verbal information, including but not limited to the topic(s) and/or the substance, provided to them during executive sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Council Members 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 42.23.070(3)). 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. Council Members should obtain the permission of the majority of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the Mayor. Any Council Member having any contact or discussion with a third party related to a confidential communication will make full disclosure to the City Council in a timely manner. 15.3 If a Council Member believes a topic or discussion in executive session is improper, the Council Member may refuse to participate and leave the executive session and say nothing outside of the executive session. SECTION 16. COUNCIL TRAVEL AND EXPENSES 16.1 PURPOSE AND ADMINISTRATION 17 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 funds, as well to provide guidelines governing what types of expenses are reimbursable to the Council Member. 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 will be paid unless it is accompanied by a 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 will contain the following: (a) 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; and (b) 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 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 will be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and modified from time to time. 18 Notwithstanding the per diem rate, actual meal costs may be claimed when they are part of a regularly scheduled business event such as a training seminar, professional meeting, or other business meeting. If the costs of meals for persons other than the claimant are included, unless otherwise approved by the Mayor or designee, those persons must be entitled to meal reimbursement in their own right and they will be listed by name and title in claim documentation. 16.6 NON-REIBURSABLE MEAL COSTS Non -reimbursable meal costs include, but are not limited to: (a) Alcohol. (b) 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. 16.8 CITY VEHICLE Out -of -the -area costs of vehicle operation such as gas, oil, tires, and necessary repairs are authorized. 16.9 PERSONAL VEHICLE Expenses will be reimbursed for travel within a 300-mile radius of the City at such rate per mile as will be established from time to time by the Mayor, 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: (1) the established rate per mile; or (2) the lowest available airfare obtainable by the City 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 by the Council President or designee in writing. Council Members will accept optional additional insurance coverage offered by the rental agency as part of the rental agreement. 19 16.11 AIR TRAVEL Arrangement for air travel on City -related business will be arranged as outlined below: (a) Whenever feasible, air travel arrangements should be made at least 5 weeks in advance of the departure date. (b) The authorized procurer will arrange for air travel based on the lowest available airfare for a regularly scheduled flight that reasonably accommodates the time of travel requested, and the destination as specified. (c) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. (d) If personal travel is combined with business -related travel, the traveling Council Member will be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City will pay the lowest available airfare for the round trip between the Seattle/Tacoma airport and the business -related destination. Such payment for personal travel will accompany the City's payment to the vendor for the tickets whenever feasible. (e) 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 will be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (f) Officials who obtain airline tickets on their own will be reimbursed based on the lower of: (1) Actual out-of-pocket cost paid for the airline tickets or alternate means of transportation (substantiated by a receipt); or (2) the lowest airfare available for their time of travel, unless an exception is granted in writing by the Council President or designee. 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 City staff, as may be authorized by the Council President. 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 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. OR 16.14 VENDOR'S RECEIPT A vendor's receipt will be required only when the single item cost 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 the City or home. 16.16 ACCOMMODATIONS Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed at 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: (a) 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 (b) 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 21 Personal postage, reading material, telephone calls Personal toiletry articles 16.18 NON -TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subject to the following: (a) Meals consumed by the City official during meetings and other functions that conduct official City business or serve to benefit the City are reimbursable to the official. (b) 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. (c) Refreshments purchased solely for personal entertainment are not a legitimate City expense. 16.19 CEREMONIES AND CELEBRATIONS (a) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi - employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. (b) 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. (c) 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. 22 16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS Council Member claims for the reimbursement of meal costs for non -city employees and non -city officials will be documented and approved by the Mayor or designee. The documentation must identify: (a) The names of the individual or individuals being hosted; (b) Their official title or capacity as it related to City business; (c) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (d) How this activity was an appropriate way to carry out that purpose or policy. 16.21 CLAIMS AND APPROVAL PROCEDURE All claims will 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 complies with the petty cash policy adopted by the City. 16.22 Approvals required by this policy will be obtained by Council Members from the Council President or designee. 16.23 Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. 16.24 Claims of Council Members must be approved by the Mayor or his/her designee for reimbursement. 16.25 Exceptions to the expense rules for unusual circumstances maybe approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. 16.26 In preparation of the City's budget, Council Member travel and training expenses will be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are allocated in the budget must be approved by the Council President or designee. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are not anticipated and not allocated in the budget must be approved by the Council President in consultation with the Mayor. 23 16.27 REPORT A report, oral and/or written as appropriate, will be made to the Council at a regularly scheduled Council meeting as soon as practical, following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports will be maintained by the City Clerk. The Mayor will make an annual State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The Mayor will provide an executive summary following each City Council retreat which will be made available to the public. SECTION 17. PUBLIC RECORDS 17.1 Public records created or received by any Council Member will be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.56 RCW. Public records that are duplicates of those received by, or in the possession of the City, are not required to be transferred to the City. 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 All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. All electronic communications, whether concurrent or serial, must be considered in light of the Open Public Meetings Act. No Council Member will communicate electronically to more than two other Council Members in the same correspondence. This does not apply to communications limited to the purpose of calling special and emergency meetings. If the intended purpose of the electronic communication is to have a discussion that should be held in an open meeting, the electronic discussion should not occur. Further, the use of electronic communication to form a collective decision of the Council violates the Open Public Meetings Act. 17.3 SOCIAL MEDIA RECORDS Council members who use social media platforms or forums that are supported by the City's archiving software are required to enroll the account with the social media archiver. Council Members who make posts to unsupported platforms must screenshot their posts and public responses to their posts and e-mail them to the Council Member's City e-mail account as an interim archiving method. Comments posted in response to a Council Member initiated communication may be subject to public disclosure under the Public Records Act and must be archived. 24 SECTION 18. COUNCIL PRESIDENT AND DEPUTY MAYOR SELECTION PROCESS 18.1 The Council President and Deputy Mayor will be nominated and elected from the ranks of the sitting Council Members. 18.2 The Council President shall exercise the authority of"deputy mayor" or "mayor pro tempore" described in RC W 3 5A.12.065 . The Council President will be elected for a two (2) year term at the first Regular City Council meeting in January by a majority vote consistent with RCW 35A.12.065. The City Council may rescind the vote of the Council President by a simple majority. If a vacancy occurs, the Council will elect a Council President to fill the unexpired term. 18.3 The Deputy Mayor will function as an internal council officer as outlined in these Rules of Procedure or as delegated by the Council President. The Deputy Mayor will be elected for a two (2) year term at the first Regular City Council meeting in January. 18.4 The Mayor or designee will conduct the election for the Council President and the Deputy Mayor. (See Appendix "A" to these Rules.) SECTION 19. CITY ADVISORY BODIES 19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an invaluable service to the City. Their advice on a wide variety of subjects aids Council Members in the decision -making process. Effective citizen participation is an invaluable tool for local government. 19.2 Council 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. 19.3 Federal Way advisory bodies bring together citizen viewpoints that 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. Traditionally, these bodies have also served as a training ground or stepping stone for qualified persons who are interested in seeking public office. 19.4 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 Revised Code, or at times by state law. 25 19.5 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. 19.6 The size of each advisory group is determined by the City Council according to its duties and responsibilities. Another determination to be made prior to formation is the cost of staffing a proposed advisory body. 19.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. 19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members. 19.9 Council will interview new applicants at a special council meeting. Any Council Member who attended the public interview session will be eligible to vote on the recommendation to be made to the full Council. The full City Council will vote on the appointments to the Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made under Rule 19.12. 19.10 Vacancies on Commissions will be filled as follows: (a) Filling Vacancies at End of Term To fill a vacancy created by the expiration of a term, City staff will advertise the open position to the public. The citizen currently serving in the position may reapply for the same position. All applicants, including the incumbent, will be interviewed pursuant to the process outlined in Rule 19.9. (b) Filling Vacancies Mid -Term When a citizen advisory position becomes vacant mid-term, the City Council may appoint an alternate who is already serving on that same board or commission to fill the mid-term vacancy. Alternates who were previously interviewed within 12 months of the vacancy being created do not need to be interviewed again prior to appointment as a voting member. 19.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. 19.12 Vacancies will be advertised not more than three times so that any interested citizen may submit an application. Council Members are encouraged to solicit applications from qualified citizens. In the event there are an insufficient number of applications to fill the vacancies, the Council President or Deputy Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council Member may contact the City Clerk to request the interview process as set forth in Rule 19.9. P If no Council Member requests the interview process, the Council President will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be citizens of the City of Federal Way if required by the Federal Way Revised Code or if required by the City Council. Applications will be available from the Office of the City Clerk. 19.13 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. 19.14 Newly appointed members will attend an orientation no later than ninety (90) days after appointment. The orientation will include a presentation by the City Attorney, or designee, to address applicable laws, including the Federal Way Ethics Code, and receive a briefing by the commission, committee or task force chairperson, the Council Committee Chair and/or City staff. The briefing will include the duties and responsibilities of the members of the advisory body. Each newly -appointed member will receive an information packet that will include 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. 19.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. 19.16 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. 19.17 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 accordance with state public meetings laws and City policy. 19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. 19.19 Minutes will be kept by City support staff of all meetings in accordance with the public meeting laws of the State. 19.20 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. 27 19.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory body, prior to the expiration of their term of office, by a majority vote of the City Council. 19.22 A quorum for conducting business is a simple majority of the membership of the advisory body. 19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory bodies will provide a written list of all memberships on boards and employment to the Chair and to Staff. The list will include the members and immediate family (spouse/partner and dependent children). It is the responsibility of the member to update the list when changes occur. The purpose of the list is to avoid any instance of conflict of interest. No member of an advisory body will use their official position for financial gain or personal advantage. 19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the Mayor'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 advisory body. Members of advisory bodies speaking to another body to voice their personal beliefs on a topic should not cite their position as a member of a City of Federal Way advisory body. 19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep current on Council actions. 19.26 The City Council may transmit referrals for information or action through the staff to the applicable Council Committee Chair to the advisory groups. These advisory groups may transmit findings, reports, etc., to the City Council through staff or the applicable Council Committee Chair. 19.27 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 Mayor. 19.28 Annually, each advisory body will develop a work program for the City Council's consideration and approval. The City Council may amend the advisory body's work program. 28 SECTION 20. COUNCIL COMMITTEES 20.1 Council committees are the policy review and discussion arms of the Council. Committees 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 will be as determined by the City Council in January of each year. The committees are as follows: - Finance/Economic Development/Regional Affairs Committee - Land Use/Transportation Committee - Lodging Tax Advisory Committee - Parks/Recreation/Human Services & Public Safety Committee 20.2 Committees will establish regular meeting schedules as determined by the Chair of the Committee in consultation with the Committee members and the Mayor 20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council Members. 20.5 The Mayor or Council President may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 20.6 Committee appointments (chairs and members) will be made by the Council President in consultation with the Deputy Mayor. The Council President will consider the interests and requests of individual Council Members in making committee assignments. 20.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 20.8 The Council President or Deputy Mayor may serve as an ex officio (voting) member of a committee when a quorum of committee members is not available. If, during a meeting when the Council President or Deputy Mayor is serving as an ex officio member, a quorum of committee members appears at the meeting, the Council President or Deputy Mayor will no longer serve as an ex officio member unless there is a pending matter before the committee 29 that the Council President or Deputy Mayor has participated in discussions for and is prepared to vote on. 20.9 The Council President in consultation with the Deputy Mayor will make committee assignments each January, with members serving two (2) year terms. Council will ratify the Council President's committee assignments at a Rgular City Council meeting. The Council President has the discretion to appoint or remove Committee members at any time, subject to ratification by the Council. SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES 21.1 PURPOSE The purpose of this section is to provide guidance to the City Council when a Federal Way Council Member or Mayor position becomes vacant before the expiration of the official's elected term of office. Pursuant to state law, a person appointed to fill a vacancy serves the remainder of the unexpired term. 21.2 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.12.050 - Vacancies - Filling of Vacancies in Mayor -Council Form of Government. 21.3 APPOINTMENT PROCESS (a) A Council position or Mayor position becomes vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written resignation, or death of a Council Member or Mayor. The Council Member or Mayor who is vacating his or her position cannot participate in the appointment process. (b) The Mayor will direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The City Council will direct staff to begin the Mayoral appointment process and establish and interview and appointment schedule, so that the position is filled at the earliest opportunity. CIE (c) The City Clerk's Office will 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 and lists the following with the prerequisites to holding public office: (1) be a registered voter of the City of Federal Way; and (2) have a one (1) year residency in the City of Federal Way. This display advertisement will be published once each week for two (2) consecutive weeks. This display advertisement will contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, duties of the position, deadline for submitting applications, interview and appointment schedules, and other information that the City Council deems appropriate. (d) The City Clerk's Office will prepare an application form that 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 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. (e) Applications received by the deadline will be copied and circulated by the City Clerk's Office to the Mayor and City Council. Application packets may also contain additional information received such as endorsements, letters of reference, and other pertinent materials. (f) The City Clerk's Office will schedule interview times for the applicants during a regular or special meeting of Council. (g) The City Clerk's Office will notify applicants of the location, date and time of City Council interviews. (h) Prior to the date and time of the interview meeting, the Mayor or Council President will accept one interview question from each Council Member. 21.4 INTERVIEW MEETING Each interview of an applicant will be no more than 30 minutes in length as follows: (a) The applicant will present his or her credentials to the City Council. (10 minutes) (b) The City Council will 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 two (2) minutes to answer each question. (14 minutes) (c) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) 31 (d) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. (e) The Council may reduce the 30-minute interview time if the number of applicants exceeds 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. 21.5 VOTING Upon completion of the interviews, Council Members may discuss the qualifications of the applicants in an executive session. However, all interviews, deliberations, nominations and votes taken by the Council will be in open public session. (a) The Mayor will ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. (b) Nominations are closed by a motion, second and majority vote of the Council. (c) Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. (d) The Mayor will poll Council Members to ascertain that Council Members are prepared to vote. (e) The City Clerk will proceed with a roll -call vote. (f) Elections will continue until a nominee receives a majority vote of the remaining Council Members. (g) At any time 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. (h) Upon a majority vote, City Council may go into executive session to further discuss the applicant's qualifications. (i) The Mayor will declare the nominee receiving the majority vote as the new Council Member. The appointed Council Member will be sworn into office by the City Clerk at the earliest opportunity and no later than the next regularly scheduled City Council meeting. (j) If the City Council does not fill a vacancy within 90 days of the declared vacancy, state law delegates appointment powers to King County. 32 SECTION 22. MISCELLANEOUS 22.1 When Council Members register to attend an official conference requiring voting delegates, such as the annual National League of Cities or Association of Washington Cities, the Council will 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) will be done on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. 22.2 Use of city -owned equipment to update personal social media sites or e-mail accounts is subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and Procedures), which allows for incidental use of city equipment for personal needs, provided the activity does not cause the City to incur additional cost or liability or pose additional risk to security, privacy or conflict with another City policy. Use of city -owned equipment or e- mail accounts for campaign purposes is prohibited by RCW 42.17A.555 SECTION 23. SUSPENSION AND AMENDMENT OF RULES 23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily suspended by a majority vote of the Council. 23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. 33 APPENDIX "A" COUNCIL PRESIDENT AND DEPUTY MAYOR ELECTION PROCESS (1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3) 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 Council Members present. (4) If more than one (1) nomination is made, an open election is conducted by roll call vote. (5) To be elected, the nominee needs a majority vote of the Council. (6) Elections will continue until a Council President and Deputy Mayor are elected by a majority vote of the Council. (7) The Mayor will declare the nominee receiving the majority vote. K:\mayor\city council\council rules\2020\2020 council rules - final 34 COUNCIL MEETING DATE: March 15, 2022 .. . .........ITEM #: 6b ....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: AMENDING CITY COUNCIL RULES OF PROCEDURE — DECORUM POLICY QUESTION: Should the City Council amend the Council Rules of Procedure to clarify expected decorum during a City Council meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ® Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: LAW Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A DIRECTOR APPROVAL: a9c 31 ri i, Committee Cou it Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION 9 CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Proposed Changes to Council Rules of Procedure — Decorum Financial Impacts: There are no foreseeable financial impacts to the City attributable to these proposed changes. Background Information: Per Council's direction at the February 26, 2022, Council Retreat, I have drafted a resolution that would change the Council Rules of Procedure to: • Prohibit certain audible displays of approval or disapproval to maintain order at meetings and create an environment where competing opinions can be expressed without intimidation. Rev. 7/18 and RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending the City Council Rules of Procedure related to decorum in meetings. WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992; WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times since 1992; and WHEREAS, the City Council seeks to more clearly state the expectations of how those attending Council Meetings will comportment themselves; and WHEREAS, the City Council believes that exclamations of approval or disapproval of a speaker's comments through clapping, cheering, booing, etc. has the potential to intimidate those in the minority on a particular issue or topic; and WHEREAS, the City Council seeks to create an environment that encourages all to speak their mind without fear of how their comments are received by the majority. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Rule 8.2 (a) shall be amended as follows: 8.2 The Presiding Officer will: (a) Preserve order and decorum in the Council chambers; i. Because the Citv Council seeks to maintain order at meetings and to create an environment where competing opinions can be expressed without fear or intimidation from those with opposing views, spontaneous exclamations of approval or disapproval of a particular speaker's comments to include clapping, booing, or other audible displays of approval or disapproval will not be allowed. Applause are Resolution No. 22- Page I of 3 Rev 1 /21 welcome in response to City Council accolades, awards, or other forms of City recognition of groups or persons. Section 2. Those language changes shown as underline and strikethrough changes in the preceding sections are hereby adopted and a clean version of the Council Rules accepting all changes are attached as Exhibit A. Section 3. Severabi lily. If any section, sentence, clause or phrase of this resolution 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 of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 520 [signatures to follow] Resolution No. 22- Page 2 of 3 Rev 1/21 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 3 of 3 Rev 1/21 Exhibit A CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE 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 November 16, 1999 February 19, 2002 February 19, 2003 April 6, 2004 March 7, 2006 May 15, 2007 September 18, 2007 March 3, 2009 February 16,2010 November 23, 2010 December 7, 2010 February 1, 2011 March 1, 2011 February 7, 2012 November 3, 2015 March 15, 2016 March 7, 2017 March 5, 2019 February 18, 2020 January 4, 2022 March _, 2022 OFFICE OF THE CITY CLERK INDEX SECTION NO. TITLE PAGE NO. 1 Authority 1 2 Council Meetings 1 3 Agenda Preparation 6 4 Council Discussion 7 5 Citizen Comment 7 6 Motions 8 7 Ordinances 10 8 Presiding Officer 11 9 Council Relations with City Staff . 11 10 Council Meeting Staffing 12 11 Council Member Attendance at Meetings 12 12 Public Hearings 14 13 Media Attendance at Council Meetings 15 14 Council Representation and Social Media Use 15 15 Confidentiality 17 16 Council Travel & Expenses 17 17 Public Records 24 18 Council President and Deputy Mayor Selection Process 24 19 City Advisory Bodies 25 20 Council Committees 28 21 Filling City Council and Mayor Vacancies 29 22 Miscellaneous 32 23 Suspension and Amendment of Rules 33 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 will be in effect upon adoption by the Council and until such time as they are amended or new Rules are adopted. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (a) Regular Meetings Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall with the exceptions outlined below Regular meetings of Council will begin at 6:30 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 or election night, the meeting will be held at 6:30 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. In the month of August, one regular meeting of Council will be held on the second Tuesday of the month in lieu of meetings on the first and third Tuesdays. Unless a majority of Council votes otherwise, the second regular meeting of Council in December (on the third Tuesday) will not be held. (b) Special Meetings A special meeting of Council is any Council meeting other than a regular meeting. Notice will be given at least 24 hours in advance of any special meeting specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be called by the Council President, the Mayor, or a majority of the Council Members. (c) Study Sessions Council study sessions will be held as needed as directed by the Council President, the Mayor, or by two (2) or more Council Members. Study sessions will be informal meetings for the purpose of reviewing prospective programs, receiving progress reports on current programs or projects, or to consider a topic in greater detail than time might allow at a regular or special meeting. No final action on a topic may be taken at a study session. Action on topics of study sessions will be taken at a regular or special meeting of Council. (d) Emergency Meetings An emergency meeting is a special meeting of Council called without 24-hour notice. An emergency meeting will be held only when immediate action of Council is necessary to avoid or mitigate injury to persons or property and when 24-hour notice of a special meeting is likely to increase the likelihood of such injury. Emergency meetings may be called by the Mayor or a majority of Council Members. The minutes will indicate the reason for the emergency meeting. (e) Executive Session of Council An executive session is that portion of a Council meeting that is closed to the public and attended by the Council, the Mayor and necessary staff members and/or consultants. Executive sessions may be held during Regular or Special Council meetings. Prior to entering an executive session, the chair of the meeting will publically state the legal basis for the executive session and the estimated time that the meeting will be closed to the public. Should the estimated time of the executive session be exceeded, a public announcement will be made that the executive session is being extended. State law limits the topics that may be discussed in executive session s and include such topics as 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. (f) Retreats The annual retreat will be scheduled before March 1 of each year. Council may request that the Mayor schedule a mid -year retreat at its discretion. 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (a) Call Meeting To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member's absence is excused. The Mayor may, with the concurrence of the Council, take agenda items out of order. Agenda items may be added pursuant to Rule 3.3 of these Rules. 2 (b) Pledge of Allegiance Council Members or invited guests lead the flag salute. (c) Proclamations and Presentations i. 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 that have a major citywide impact. City Council Proclamations will 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. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. The Mayor, Council President, and Deputy Mayor will determine together if a Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Council Proclamation be added to a regular meeting agenda by submitting a draft of the proposed text of the Proclamation to the Council President or Mayor prior to the agenda setting meeting outlined in Section 3 of these rules. Council Members who propose a Proclamation must identify a person to receive the proclamation no later than noon on the Thursday before the meeting where it is to be presented. ii. Mayor - Emerging Issues and Report iii. Council Committee and Regional Committee Reports iv. Deputy Mayor Report V. Council President Report (d) Citizen Comment Members of the audience may comment on items relating to any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public office). Citizen comment sign-up sheets 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, except the follow will be allowed five (5) minutes: - a person whose property is the subject of a condemnation ordinance then pending before the City Council; - a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other citizens have designated the speaker as spokesperson. No speaker may convey or donate his or her time to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during the 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.) (e) Consent Agenda Consent Agenda items have either been previously considered by a City Council Committee or are considered to be routine and non -controversial and may be approved by one motion. Any Council Member may remove an item from the Consent Agenda for separate discussion and action. (f) Public Hearings See Section 12 of these Rules for discussion of public hearing procedures. (g) Council Business Council Business items are those items other than items on the consent agenda, resolutions, and ordinances requiring Council action. (h) Ordinances i. First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. Citizen Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. 2 ii. Second Reading and Enactment. Council Members approve the ordinance for enactment as an enforceable City law. iii. Mayor's Action. Upon successful passage of an ordinance, the Mayor may: A. Approve the ordinance as passed by Council and sign the ordinance; or, B. Veto the enacted ordinance by submitting written objections to the City Clerk and the City Council within ten (10) calendar days; or, C. Not sign the ordinance, which will then become valid after ten (10) calendar days have elapsed. iv. Council Response to a Mayoral Veto. A. Upon receiving notice of a veto with written objections, the City Council may amend the agenda of the next City Council meeting to have the written objections read into the record during Council Business. The City Council may then take action at the City Council meeting or at the following City Council meeting. City Council may respond to a veto by: 1. Reconsidering and modifying the enacted ordinance to incorporate solutions to the Mayor's written objections; or 1I. Override the Mayor's veto by a vote of five (5) Council Members (a majority plus one). B. If the Mayor does not sign an ordinance within ten (10) days of passage, the Council President will sign the ordinance. V. Publication of the Ordinance The City Clerk will publish the enacted ordinance title in the official newspaper, which will establish the effective date, after final action by the Mayor or the City Council. (i) City Council Reports Council Members may report on significant activities since the last meeting. (j) Executive Session Executive session may be held in accordance with Rule 2.1(e) above. (k) 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 state and local law. These minutes will constitute the official record of the Council. With the exception of scrivener's errors, official City Council meeting minutes will not be revised without a majority vote of the Council at a regular meeting of Council. 2.4 COUNCIL MEMBER SEATING City Council Members and the Mayor will be seated at the dais in the following order (counting from left to right when facing the dais from the audience): (a) The Mayor and Council President will sit in chairs #4 and #5, respectively (the center seats at the dais); the Deputy Mayor will sit in chair #3. (b) The remaining Council Members will be seated consecutively from left to right when facing the dais from the audience with position #1 being in chair #1, position #2 being in chair #2, and so on. 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 a list of each item to be considered by the Council. 3.2 The agenda is subject to approval by the Council President, Deputy Mayor, and one Committee Chair. The assignment of the Committee Chair will be for one year. Should the designated Committee Chair decline the assignment, the assignment will fall to the next Chair in order. The Committee Chair tasked with assisting the Council President and Deputy Mayor in approving the agenda will be assigned in in the following order: - Finance/Economic Development/Regional Affairs Committee Land Use/Transportation Committee - Parks/Recreation/Human Services & Public Safety Committee 2 3.3 An item may be placed on a Council meeting agenda by: (a) A majority vote of the Council; (b) Council Consensus; (c) By any two (2) Council Members; (d) By the action of a Council Committee; or (e) By the Mayor 3.4 The proposed agenda will be provided to all City Council Members no less than 48 hours prior to publication. 3.5 The City Clerk will publish the final agenda no later than 5:00 p.m. on the Thursday prior to the Council meeting. The complete Council packet will be published no later than 5:00 p.m. on the Friday prior to the Council meeting. 3.6 A majority of Council may vote to amend a regular meeting agenda after it has been published. Such amendments to the agenda must occur at the start of the public meeting. Any alteration of a special meeting agendas must be publicized at least 24-hours before the scheduled meeting. 3.7 Legally required or publicly advertised Public Hearings will take precedence over other agenda items. 3.8 All agenda packets and agenda items will be in the format provided by the City Clerk's Office. SECTION 4. COUNCIL DISCUSSION 4.1 All Council discussion will be governed by Robert's Rules of Order, Newly Revised. Where there is a conflict between Robert's Rules of Order and these rules, these rules will control. SECTION 5. CITIZEN COMMENT 5.1 Persons addressing the Council, who have not been invited to present as part of the formal agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. A person speaking on behalf of a group of more than five (5) in attendance or written proof that more than five (5) designate as spokesperson may speak for five (5) minutes. No speaker may convey or donate his or her time to another speaker. All remarks will be addressed to the Council as a whole, and not to individuals such as City staff members, Council Members or the Mayor. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally 7 abusive while addressing the Council, may be corrected by the chair or removed from the meeting. 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will read the written comment into the record during the Public Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to written comments being read into the record. 5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to maintain order at any meeting. 5.4 Citizens with complaints, concerns or questions, should be encouraged to refer the matter to the Mayor, 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 that involves a potential violation of the City's Code of Ethics will be advised by the Council, the Mayor or City staff, of the existence of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion that requires a second does not receive a second, it dies. Examples of motions that do not need a second include: nominations, withdrawal of motion, agenda order, request for a roll call vote, and points of order. 6.2 A motion related to the passage of an ordinance, grant, or revocation of a franchise or license, or any resolution for the payment of money that receives a tie vote is deemed to have failed. Otherwise, the Mayor may vote to break a tie vote as outlined in RCW 35A.12.100. 6.3 Motions should be made clearly and concisely, outlining the proposed action to be taken. Arguments in support of the motion should not be included in the motion. 6.4 After a motion and second, the Mayor will state the names of the Council Members 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 voting. Council may question staff to seek their opinions on the likely consequences of a proposed course of action. No further citizen comments may be heard while there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council reaches consensus without a formal vote on a topic that does not require a formal vote, 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 used to set aside a pending motion to handle business that is more pressing. A motion to table may not interrupt the speaker that has the floor. It requires a second and a majority vote. It is not debatable, but it is proper (and often required for the member to briefly explain the reason for the motion). If the motion to table prevails, the motion and all pending amendments to the motion are set aside to be considered at a future time when it is "taken from the table." A tabled motion may be taken from the table at any time during a regular meeting before it expires at the end of the next regular meeting. If an item is not taken from the table before the adjournment of the next regular session, the motion fails. 6.9 A motion to postpone to a certain time is the preferred method of postponing consideration of an issue to a future time. It is debatable as to the reason for the postponement but not to the merits of the main motion. It is amendable and may be reconsidered at the same meeting. 6.10 A motion to postpone indefinitely ends consideration of the main motion without taking a direct vote on the merits of the main motion. It is debatable as to the reason for the postponement as well as to the merits of the main motion. It is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 6.11 A motion to call for the question closes debate on the main motion and is undebatable. This motion requires a second and requires a two-thirds (2/3) majority to pass. Debate continues normally if the motion fails. 6.12 A motion to amend the motion is to insert or add, strike out, strike out and then insert, or substitute language in the motion it seeks to modify. Motion to amend requires a second and a majority vote. 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. 6.13 A pending motion to amend is voted on first, then the main motion as amended is voted on (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote. 6.16 When a question has been decided, any Council Member who voted in the majority may move for reconsideration. A motion for reconsideration of a vote made after the meeting has adjourned is out of order. 6 6.17 The City Attorney will decide all questions of interpretations of these Rules and other questions of a parliamentary nature that may arise at a Council meeting. (See Section 4 of these Rules.) All cases not provided for in these Rules will be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules will prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non -unanimous votes, or if requested by a Council Member, 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 during televised City Council meetings the outcome of the vote. The official meeting minutes will always reflect roll call votes on each action item. 6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal will be voted on by the Council. An appeal may not be amended, is not debatable when it relates to breaches of decorum, violations of the rules of speaking, the priority of business, or if the appeal is made while a previous question remains pending. An appeal is not in order when another appeal is pending. SECTION 7. ORDINANCES 7.1 All ordinances will be prepared or reviewed by the City Attorney. No ordinance will be prepared for presentation to the Council, unless requested by a majority of the Council, the Mayor, or the City Attorney. 7.2 Ordinances will be introduced and enacted by Council Bill Number. After enactment, the City Clerk will assign a permanent ordinance number. 7.3 The City Clerk or designee will read the title of the ordinance prior to voting. 7.4 Upon enactment of the ordinance, the City Clerk will obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk will obtain the signature of the Mayor. After the Mayor's signature, the City Clerk will sign the ordinance. 7.5 If the Mayor vetoes an ordinance with written objections to Council, the Council may vote on the disputed ordinance at the next City Council meeting. If a majority plus one of Council vote to approve the disputed ordinance, it becomes effective in accordance with the effective date in the ordinance. If a majority plus one of the Council does not approve the disputed ordinance, it fails. 7.6 Ordinances, or ordinance summaries, will be published in the official newspaper immediately following enactment. 7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless otherwise specified in the body of the ordinance. 10 SECTION 8. PRESIDING OFFICER 8.1 The Presiding Officer at all meetings of the Council will be the Mayor, and in the absence of the Mayor, the Council President will act in that capacity. If both the Mayor and Council President are absent, the Deputy Mayor will preside. If the Mayor, Council President, and Deputy Mayor are absent the Council Members present will elect one of its members to serve as Presiding Officer until the return of the Mayor, Council President, or Deputy Mayor. 8.2 The Presiding Officer will: (a) Preserve order and decorum in the Council chambers; i. Because the City Council seeks to maintain order at meetings and to create an environment where competing opinions can be expressed without fear or intimidation from those with opposing views, spontaneous exclamations of approval or disapproval of a particular speaker's comments to include clapping, booing, or other audible displays of approval or disapproval will not be allowed. Applause are welcome in response to City Council accolades, awards, or other forms of City recognition of groups or persons. (b) Observe and enforce these Rules; (c) Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; (d) Recognize Council Members in the order in which they request the floor. (e) The Presiding Officer, when a Council Member acts as Presiding Officer, that Council Member will be governed in all matters and issues by the same rules and restrictions as other Council Members. SECTION 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There will be mutual respect from both City staff and Council Members 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 Council Members will acknowledge City staff as administering the policies of the City. 9.3 All written requests for information from Council Members will be submitted by City staff, after approval of the Mayor, to all Council Members with a notation indicating which Council Member requested the information. 11 9.4 Council Members will 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 will not attempt to directly control the operating rules and practices of any City department. 9.6 Mail that is addressed to the Council as a whole will be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 9.7 The City Clerk will not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member will direct the Mayor 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 that implicate City policy will be directed to a Council Committee for consideration. 9.9 Individual Council Members may make direct requests for information to department directors. Requests that will create a change in work assignments or City staffing levels must be made through the Mayor. 9.10 Whenever practicable, Council Members will provide staff advance notice of any questions or concerns they have regarding an agenda item or topic of debate prior to asking those questions or expressing those concerns in a public meeting. SECTION 10. COUNCIL MEETING STAFFING 10.1 The Mayor will preside over all regular meetings of the Council unless excused. The Mayor may make recommendations to the Council. When the Mayor has an excused absence, the Council President will preside over the meeting. 10.2 The City Attorney will attend all meetings of the Council unless excused, and will, upon request, give an opinion, either written or oral, on legal questions. The City Attorney will act as the Council's parliamentarian. The Deputy or Assistant City Attorney will attend meetings when the City Attorney has been excused. 10.3 The City Clerk, or designee, will attend regular and special 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. SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 12 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (a) Death of immediate family member "Immediate Family" is defined as the Council Member's parent, spouse or domestic partner, child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in- law, grandparent, grandchild, aunt, uncle, or the step -relation equivalent to those listed. (b) Illness Illness of a Council Member or of an immediate family member, as defined above, requiring the member to personally attend and care for the immediate family member provided that the illness does not necessitate an absence longer than six (6) months. (c) Three nonconsecutive absences Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Rule 11.3. (d) Absences for Council Business A Council Member who is absent because of other commitments representing Council or because of circumstances beyond the Council Member's control, such as due to traffic, weather, or an accident. 11.2 VACANCY OF OFFICE A Council position shall become vacant if the councilmember fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (RCW 35A.12.060) 11.3 Council Members will inform the Mayor, the Council President, 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 Council Member as having an excused absence. 11.4 ATTENDANCE FROM A REMOTE LOCATION (a) PLiMose. The City Council recognizes the benefits of the fullest practicable attendance and participation by its Members and by the Mayor and hereby allows attendance from a remote location of regular, special, and committee meetings of Council through the use of electronic two-way communication methods such as speakerphones or internet communication platforms. Attendance from a remote location is not permitted for executive sessions. 13 (b) Effect. Votes cast by the Council Member attending remotely will have the same effect as votes cast by members physically present at the meeting. The Presiding Officer must be physically present at the meeting. (c) Intent. Attendance from a remote location is intended to be an alternative and relatively infrequently -used method for participation at meetings by Members of the Council. (d) Limit. Only three Council Members may attend any City Council meeting by remote communication. Council Members intending to participate in a meeting from a remote location should let the City Clerk know as soon as possible of their intention. The City Clerk will confirm that one of the three remote connections is still available for that specific meeting. Only two Council Members may attend any Council Committee meeting by remote connection. Council Members intending to participate in a meeting from a remote location should let the staff assigned to support the Committee know as soon as possible of their intention to attend remotely. Staff will confirm that one of the two remote connections is still available for that specific meeting. (e) System Requirement. All communication to and from the remote location must be clearly heard by all others in attendance. (f) Protocol. In any meeting involving remote attendance, at the beginning of meeting the Presiding Officer will inform all present that a particular Member of the Council or Mayor is attending remotely via electronic means and confirm that all participants can hear each other clearly. This confirmation will be recorded in the meeting minutes. If the Council Member or Mayor who is attending from a remote location will not be participating through the entire meeting, the presiding officer will announce through what portion attendance by remote location will occur. If remote communication is irreparably broken or significantly degraded during the meeting; the presiding officer will confirm the loss of the connection and close the remote attendance. The Presiding Officer will at this time state if quorum for the meeting has been affected by the loss of the connection. 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. 14 12.2 LEGISLATIVE PUBLIC HEARINGS The purpose of a legislative public hearing is to obtain public input on legislative decisions on matters of policy such as 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 the rights of specific parties and include, 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 as part of the public comment process. In quasi-judicial hearings, Council Members will comply with all applicable laws including the appearance of fairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. The Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but is meant to avoid an appearance of conflict of interest to the average person. This may involve the Council Member or a Council Member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council Member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, each Council Member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council Member should disclose the facts to the Mayor who will seek the opinion of the City Attorney, which will be communicated to the Council Member and the Mayor. SECTION 13. MEDIA ATTENDENCE AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Council Committees, and Council advisory bodies are open to the media. Media representatives may freely make audio or video recordings of Council Meetings, provided that it does not interfere with the orderly conduct of the meeting. Seating space will be provided for the media at public meetings. SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE 14.1 All public communications should model the same professional behavior expected during Council meetings or community meetings, and reflect favorably on the speaking Council Member, the City Council as a whole, and the City. If a Council Member appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, 15 the Council Member will state the majority position of the Council, if known, on such issue. Personal opinions and comments that differ from the Council majority may be expressed if the Council Member clearly states that the views expressed do not represent those of the City Council or the City of Federal Way. 14.2 Council Members need to have other Council Members' permission before representing to media, another governmental agency, a community organization or to any third parry: (1) another Council Member's view or position; or (2) the majority of Council's view or position. 14.3 SOCIAL MEDIA Social media posts such as blogs, Facebook, and Twitter may be used by Council Members to communicate with the public, provided the following guidelines are used: (a) To comply with the Public Records Act (PRA), Council Members will follow those archiving procedures outlined in Rule 17.3 Social Media Records. (b) Social media will not be used to conduct City Council business other than to informally communicate. Public notices, items of legal or fiscal significance that have not been released to the public, and discussion of quasi-judicial matters may not be included in Council Member social media posts. (c) Responses to social media posts will be limited by the provision of the Open Public Meetings Act so as not to constitute an open public meeting if a quorum of the City Council was to participate. (d) In order to demonstrate openness and willingness to listen to the entire community, Council Member posts on social media sites should be made through a public -facing page or by marking individual posts available to the public as a whole. (e) Disclaimers, per Rule 14.4 are used. (f) If a Council Member makes a factual error in a public communication, they should correct the error as soon as possible. Blog posts may be corrected by amending a previous post with a note that a correction was made. Council Members are encouraged to maintain social media sites with settings that can restrict a user's ability to comment in order to avoid inadvertent discussion that may violate the Open Public Meetings Act. 16 14.4 SOCIAL MEDIA DISCLAIMERS Social media postings will include, or reference a link to, disclaimers that state: (a) The views expressed represent the views of the author and may not reflect the views of the Federal Way City Council or official City policy. (b) Responses to the communication by other Council Members may be limited by the provision of the Open Public Meetings Act under which a policy discussion must be held in an open public meeting if a quorum of the City Council participates. (c) Comments posted in response to a Council Member -initiated communication may be subject to public disclosure under the Washington State Public Records Act. SECTION 15. CONFIDENTIALITY 15.1 Council Members will keep confidential all written materials and verbal information, including but not limited to the topic(s) and/or the substance, provided to them during executive sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Council Members 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 42.23.070(3)). 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. Council Members should obtain the permission of the majority of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the Mayor. Any Council Member having any contact or discussion with a third party related to a confidential communication will make full disclosure to the City Council in a timely manner. 15.3 If a Council Member believes a topic or discussion in executive session is improper, the Council Member may refuse to participate and leave the executive session and say nothing outside of the executive session. 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 funds, as well 17 to provide guidelines governing what types of expenses are reimbursable to the Council Member. 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 will be paid unless it is accompanied by a 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 will contain the following: (a) 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; and (b) 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 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 will be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and modified from time to time. Notwithstanding the per diem rate, actual meal costs may be claimed when they are part of a regularly scheduled business event such as a training seminar, professional meeting, or other business meeting. 18 If the costs of meals for persons other than the claimant are included, unless otherwise approved by the Mayor or designee, those persons must be entitled to meal reimbursement in their own right and they will be listed by name and title in claim documentation. 16.6 NON-REIBURSABLE MEAL COSTS Non -reimbursable meal costs include, but are not limited to: (a) Alcohol. (b) 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. 16.8 CITY VEHICLE Out -of -the -area costs of vehicle operation such as gas, oil, tires, and necessary repairs are authorized. 16.9 PERSONAL VEHICLE Expenses will be reimbursed for travel within a 300-mile radius of the City at such rate per mile as will be established from time to time by the Mayor, 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: (1) the established rate per mile; or (2) the lowest available airfare obtainable by the City 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 by the Council President or designee in writing. Council Members will accept optional additional insurance coverage offered by the rental agency as part of the rental agreement. 16.11 AIR TRAVEL Arrangement for air travel on City -related business will be arranged as outlined below: 19 (a) Whenever feasible, air travel arrangements should be made at least 5 weeks in advance of the departure date. (b) The authorized procurer will arrange for air travel based on the lowest available airfare for a regularly scheduled flight that reasonably accommodates the time of travel requested, and the destination as specified. (c) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. (d) If personal travel is combined with business -related travel, the traveling Council Member will be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City will pay the lowest available airfare for the round trip between the Seattle/Tacoma airport and the business -related destination. Such payment for personal travel will accompany the City's payment to the vendor for the tickets whenever feasible. (e) 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 will be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (f) Officials who obtain airline tickets on their own will be reimbursed based on the lower of. (1) Actual out-of-pocket cost paid for the airline tickets or alternate means of transportation (substantiated by a receipt); or (2) the lowest airfare available for their time of travel, unless an exception is granted in writing by the Council President or designee. 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 City staff, as may be authorized by the Council President. 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 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 exceeds $10.00. 20 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 the City or home. 16.16 ACCOMMODATIONS Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed at 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: (a) 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 (b) 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 21 16.18 NON -TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subject to the following: (a) Meals consumed by the City official during meetings and other functions that conduct official City business or serve to benefit the City are reimbursable to the official. (b) 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. (c) Refreshments purchased solely for personal entertainment are not a legitimate City expense. 16.19 CEREMONIES AND CELEBRATIONS (a) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi - employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. (b) 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. (c) 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. 16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS Council Member claims for the reimbursement of meal costs for non -city employees and non -city officials will be documented and approved by the Mayor or designee. The documentation must identify: (a) The names of the individual or individuals being hosted; 22 (b) Their official title or capacity as it related to City business; (c) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (d) How this activity was an appropriate way to carry out that purpose or policy. 16.21 CLAIMS AND APPROVAL PROCEDURE All claims will 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 complies with the petty cash policy adopted by the City. 16.22 Approvals required by this policy will be obtained by Council Members from the Council President or designee. 16.23 Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. 16.24 Claims of Council Members must be approved by the Mayor or his/her designee for reimbursement. 16.25 Exceptions to the expense rules for unusual circumstances maybe approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. 16.26 In preparation of the City's budget, Council Member travel and training expenses will be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are allocated in the budget must be approved by the Council President or designee. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are not anticipated and not allocated in the budget must be approved by the Council President in consultation with the Mayor. 16.27 REPORT A report, oral and/or written as appropriate, will be made to the Council at a regularly scheduled Council meeting as soon as practical, following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports will be maintained by the City Clerk. 23 The Mayor will make an annual State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The Mayor will provide an executive summary following each City Council retreat which will be made available to the public. SECTION 17. PUBLIC RECORDS 17.1 Public records created or received by any Council Member will be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.56 RCW. Public records that are duplicates of those received by, or in the possession of the City, are not required to be transferred to the City. 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 All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. All electronic communications, whether concurrent or serial, must be considered in light of the Open Public Meetings Act. No Council Member will communicate electronically to more than two other Council Members in the same correspondence. This does not apply to communications limited to the purpose of calling special and emergency meetings. If the intended purpose of the electronic communication is to have a discussion that should be held in an open meeting, the electronic discussion should not occur. Further, the use of electronic communication to form a collective decision of the Council violates the Open Public Meetings Act. 17.3 SOCIAL MEDIA RECORDS Council members who use social media platforms or forums that are supported by the City's archiving software are required to enroll the account with the social media archiver. Council Members who make posts to unsupported platforms must screenshot their posts and public responses to their posts and e-mail them to the Council Member's City e-mail account as an interim archiving method. Comments posted in response to a Council Member initiated communication may be subject to public disclosure under the Public Records Act and must be archived. SECTION 18. COUNCIL PRESIDENT AND DEPUTY MAYOR SELECTION PROCESS 18.1 The Council President and Deputy Mayor will be nominated and elected from the ranks of the sitting Council Members. 24 18.2 The Council President shall exercise the authority of "deputy mayor" or "mayor pro tempore" described in RCW 35A.12.065. The Council President will be elected for a two (2) year term at the first Regular City Council meeting in January by a majority vote consistent with RCW 35A.12.065. The City Council may rescind the vote of the Council President by a simple majority. If a vacancy occurs, the Council will elect a Council President to fill the unexpired term. 18.3 The Deputy Mayor will function as an internal council officer as outlined in these Rules of Procedure or as delegated by the Council President, The Deputy Mayor will be elected for a two (2) year term at the first Regular City Council meeting in January. 18.4 The Mayor or designee will conduct the election for the Council President and the Deputy Mayor. (See Appendix "A" to these Rules.) SECTION 19. CITY ADVISORY BODIES 19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an invaluable service to the City. Their advice on a wide variety of subjects aids Council Members in the decision -making process. Effective citizen participation is an invaluable tool for local government. 19.2 Council 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. 19.3 Federal Way advisory bodies bring together citizen viewpoints that might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but riot compete for public office can be involved in governmental commissions, committees, and task forces. Traditionally, these bodies have also served as a training ground or stepping stone for qualified persons who are interested in seeking public office. 19.4 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 Revised Code, or at times by state law. 19.5 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. 25 19.6 The size of each advisory group is determined by the City Council according to its duties and responsibilities. Another determination to be made prior to formation is the cost of staffing a proposed advisory body. 19.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. 19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members. 19.9 Council will interview new applicants at a special council meeting. Any Council Member who attended the public interview session will be eligible to vote on the recommendation to be made to the full Council. The full City Council will vote on the appointments to the Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made under Rule 19.12. 19.10 Vacancies on Commissions will be filled as follows: (a) Filling Vacancies at End of Term To fill a vacancy created by the expiration of a term, City staff will advertise the open position to the public. The citizen currently serving in the position may reapply for the same position. All applicants, including the incumbent, will be interviewed pursuant to the process outlined in Rule 19.9. (b) Filling_ Vacancies Mid -Term When a citizen advisory position becomes vacant mid-term, the City Council may appoint an alternate who is already serving on that same board or commission to fill the mid-term vacancy. Alternates who were previously interviewed within 12 months ofthe vacancy being created do not need to be interviewed again prior to appointment as a voting member. 19.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. 19.12 Vacancies will be advertised not more than three times so that any interested citizen may submit an application. Council Members are encouraged to solicit applications from qualified citizens. In the event there are an insufficient number of applications to fill the vacancies, the Council President or Deputy Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council Member may contact the City Clerk to request the interview process as set forth in Rule 19.9. If no Council Member requests the interview process, the Council President will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be citizens of the City of Federal Way if required by the Federal Way Revised Code or if required by the City Council. Applications will be available from the Office of the City Clerk. NZ 19.13 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. 19.14 Newly appointed members will attend an orientation no later than ninety (90) days after appointment. The orientation will include a presentation by the City Attorney, or designee, to address applicable laws, including the Federal Way Ethics Code, and receive a briefing by the commission, committee or task force chairperson, the Council Committee Chair and/or City staff. The briefing will include the duties and responsibilities of the members of the advisory body. Each newly -appointed member will receive an information packet that will include 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. 19.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. 19.16 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. 19.17 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 accordance with state public meetings laws and City policy. 19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. 19.19 Minutes will be kept by City support staff of all meetings in accordance with the public meeting laws of the State. 19.20 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. 19.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory body, prior to the expiration of their term of office, by a majority vote of the City Council. 27 19.22 A quorum for conducting business is a simple majority of the membership of the advisory body. 19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory bodies will provide a written list of all memberships on boards and employment to the Chair and to Staff. The list will include the members and immediate family (spouse/partner and dependent children). It is the responsibility of the member to update the list when changes occur. The purpose of the list is to avoid any instance of conflict of interest. No member of an advisory body will use their official position for financial gain or personal advantage. 19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the Mayor'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 advisory body. Members of advisory bodies speaking to another body to voice their personal beliefs on a topic should not cite their position as a member of a City of Federal Way advisory body. 19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep current on Council actions. 19.26 The City Council may transmit referrals for information or action through the staff to the applicable Council Committee Chair to the advisory groups. These advisory groups may transmit findings, reports, etc., to the City Council through staff or the applicable Council Committee Chair. 19.27 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 Mayor. 19.28 Annually, each advisory body will develop a work program for the City Council's consideration and approval. The City Council may amend the advisory body's work program. SECTION 20. COUNCIL COMMITTEES 20.1 Council committees are the policy review and discussion arms of the Council. Committees 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 will be as determined by the City Council in January of each year. The committees are as follows: - Finance/Economic Development/Regional Affairs Committee - Land Use/Transportation Committee - Lodging Tax Advisory Committee - Parks/Recreation/Human Services & Public Safety Committee 20.2 Committees will establish regular meeting schedules as determined by the Chair of the Committee in consultation with the Committee members and the Mayor 20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council Members. 20.5 The Mayor or Council President may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 20.6 Committee appointments (chairs and members) will be made by the Council President in consultation with the Deputy Mayor. The Council President will consider the interests and requests of individual Council Members in making committee assignments. 20.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 20.8 The Council President or Deputy Mayor may serve as an ex officio (voting) member of a committee when a quorum of committee members is not available. If, during a meeting when the Council President or Deputy Mayor is serving as an ex officio member, a quorum of committee members appears at the meeting, the Council President or Deputy Mayor will no longer serve as an ex officio member unless there is a pending matter before the committee that the Council President or Deputy Mayor has participated in discussions for and is prepared to vote on. 20.9 The Council President in consultation with the Deputy Mayor will make committee assignments each January, with members serving two (2) year terms. Council will ratify the Council President's committee assignments at a Regular City Council meeting. The Council President has the discretion to appoint or remove Committee members at any time, subject to ratification by the Council. 29 SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES 21.1 PURPOSE The purpose of this section is to provide guidance to the City Council when a Federal Way Council Member or Mayor position becomes vacant before the expiration of the official's elected term of office. Pursuant to state law, a person appointed to fill a vacancy serves the remainder of the unexpired term. 21.2 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.12.050 - Vacancies - Filling of Vacancies in Mayor -Council Form of Government. 21.3 APPOINTMENT PROCESS (a) A Council position or Mayor position becomes vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written resignation, or death of a Council Member or Mayor. The Council Member or Mayor who is vacating his or her position cannot participate in the appointment process. (b) The Mayor will direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The City Council will direct staff to begin the Mayoral appointment process and establish and interview and appointment schedule, so that the position is filled at the earliest opportunity. (c) The City Clerk's Office will 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 and lists the following with the prerequisites to holding public office: (1) be a registered voter of the City of Federal Way; and (2) have a one (1) year residency in the City of Federal Way. This display advertisement will be published once each week for two (2) consecutive weeks. This display advertisement will contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, duties of the position, deadline for submitting applications, interview and appointment schedules, and other information that the City Council deems appropriate. 30 (d) The City Clerk's Office will prepare an application form that 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 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. (e) Applications received by the deadline will be copied and circulated by the City Clerk's Office to the Mayor and City Council. Application packets may also contain additional information received such as endorsements, letters of reference, and other pertinent materials. (f) The City Clerk's Office will schedule interview times for the applicants during a regular or special meeting of Council. (g) The City Clerk's Office will notify applicants of the location, date and time of City Council interviews. (h) Prior to the date and time of the interview meeting, the Mayor or Council President will accept one interview question from each Council Member, 21.4 INTERVIEW MEETING Each interview of an applicant will be no more than 30 minutes in length as follows: (a) The applicant will present his or her credentials to the City Council. (10 minutes) (b) The City Council will 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 two (2) minutes to answer each question. (14 minutes) (c) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) (d) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. (e) The Council may reduce the 30-minute interview time if the number of applicants exceeds 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. 31 21.5 VOTING Upon completion of the interviews, Council Members may discuss the qualifications of the applicants in an executive session. However, all interviews, deliberations, nominations and votes taken by the Council will be in open public session. (a) The Mayor will ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. (b) Nominations are closed by a motion, second and majority vote of the Council. (c) Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. (d) The Mayor will poll Council Members to ascertain that Council Members are prepared to vote. (e) The City Clerk will proceed with a roll -call vote. (f) Elections will continue until a nominee receives a majority vote of the remaining Council Members. (g) At any time 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. (h) Upon a majority vote, City Council may go into executive session to further discuss the applicant's qualifications. (i) The Mayor will declare the nominee receiving the majority vote as the new Council Member. The appointed Council Member will be sworn into office by the City Clerk at the earliest opportunity and no later than the next regularly scheduled City Council meeting. (j) If the City Council does not fill a vacancy within 90 days of the declared vacancy, state law delegates appointment powers to King County. SECTION 22. MISCELLANEOUS 22.1 When Council Members register to attend an official conference requiring voting delegates, such as the annual National League of Cities or Association of Washington Cities, the Council will 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) will be done on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. 32 22.2 Use of city -owned equipment to update personal social media sites or e-mail accounts is subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and Procedures), which allows for incidental use of city equipment for personal needs, provided the activity does not cause the City to incur additional cost or liability or pose additional risk to security, privacy or conflict with another City policy. Use of city -owned equipment or e- mail accounts for campaign purposes is prohibited by RCW 42.17A.555 SECTION 23. SUSPENSION AND AMENDMENT OF RULES 23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily suspended by a majority vote of the Council. 23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. 33 APPENDIX "A" COUNCIL PRESIDENT AND DEPUTY MAYOR ELECTION PROCESS (1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3) 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 Council Members present. (4) If more than one (1) nomination is made, an open election is conducted by roll call vote. (5) To be elected, the nominee needs a majority vote of the Council. (6) Elections will continue until a Council President and Deputy Mayor are elected by a majority vote of the Council. (7) The Mayor will declare the nominee receiving the majority vote. K:\mayor\city council\council rules\2020\2020 council rules - final 34 COUNCIL MEETING DATE: March 15, 2022 ITEM #: 6C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: AMENDING CITY COUNCIL RULES OF PROCEDURE — WRITTEN COMMENT POLICY QUESTION: Should the City Council amend the Council Rules of Procedure to change how written comments will be presented to the City Council? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ® Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: LAW Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date it COMMITTEE RECOMMENDATION: N/A IRECTOR APPROVAL: C Oki 8Z. Initial/D tc Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COAIPLF. TEU BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Proposed Changes to Council Rules of Procedure — Written Comment Financial Impacts: There are no foreseeable financial impacts to the City attributable to these proposed changes. Background Information: Per Council's direction at the February 26, 2022, Regular Council Meeting, I have drafted a resolution that would change the Council Rules of Procedure to: • Direct staff to send written comment§ to the City Council in writing and upload the written comments to the City website in lieu of reading them out loud during the public comment section of the meeting. Rev. 7/18 and RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending the City Council Rules of Procedure. WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992; WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times since 1992; and WHEREAS, the limited time available for the Council to conduct its business in public requires that meetings be streamlined where practicable, and transmitting written comments in writing to the Council allows more meeting time to conduct necessary business. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Rule 5.2 shall be amended as follows: 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will readforward the written comment to the City Council and upload them to the city websiteint,, the r er-d dtifing the Publie r,,,mment pol4io of the Inee4n The fifne limiis as set fbi4h in Rule 5.1 -Ail! apply te �witten eemmenis being fead into the reeerd. Written comments should be succinct and should not take longer than 3 minutes to be read. Section 2. Those language changes shown as underline and strikethrough changes in the preceding sections are hereby adopted and a clean version of the Council Rules accepting all changes are attached as Exhibit A. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Resolution No. 22- Page 1 of 3 Rev 1/21 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of . 20—. [signatures to follow] Resolution No. 22- Page 2 of 3 Rev 1 /21 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 3 of 3 Rev 1 /21 Exhibit A CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE 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 November 16,1999 February 19, 2002 February 19, 2003 April 6, 2004 March 7, 2006 May 15, 2007 September 18, 2007 March 3, 2009 February 16, 2010 November 23, 2010 December 7, 2010 February 1, 2011 March 1, 2011 February 7, 2012 November 3, 2015 March 15, 2016 March 7, 2017 March 5, 2019 February 18,2020 January 4, 2022 March , 2022 OFFICE OF THE CITY CLERK INDEX SECTION NO. TITLE PAGE NO. 1 Authority 1 2 Council Meetings 1 3 Agenda Preparation 6 4 Council Discussion 7 5 Citizen Comment 7 6 Motions 8 7 Ordinances 10 8 Presiding Officer 11 9 Council Relations with City Staff 11 10 Council Meeting Staffing 12 11 Council Member Attendance at Meetings 12 12 Public Hearings 14 13 Media Attendance at Council Meetings 15 14 Council Representation and Social Media Use 15 15 Confidentiality 17 16 Council Travel & Expenses 17 17 Public Records 24 18 Council President and Deputy Mayor Selection Process 24 19 City Advisory Bodies 25 20 Council Committees 28 21 Filling City Council and Mayor Vacancies 29 22 Miscellaneous 32 23 Suspension and Amendment of Rules 33 1 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 will be in effect upon adoption by the Council and until such time as they are amended or new Rules are adopted. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (a) Regular Meetings Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall with the exceptions outlined below Regular meetings of Council will begin at 6:30 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 or election night, the meeting will be held at 6:30 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. In the month of August, one regular meeting of Council will be held on the second Tuesday of the month in lieu of meetings on the first and third Tuesdays. Unless a majority of Council votes otherwise, the second regular meeting of Council in December (on the third Tuesday) will not be held. (b) Special Meetings A special meeting of Council is any Council meeting other than a regular meeting. Notice will be given at least 24 hours in advance of any special meeting specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be called by the Council President, the Mayor, or a majority of the Council Members. (c) Study Sessions Council study sessions will be held as needed as directed by the Council President, the Mayor, or by two (2) or more Council Members. 2 Study sessions will be informal meetings for the purpose of reviewing prospective programs, receiving progress reports on current programs or projects, or to consider a topic in greater detail than time might allow at a regular or special meeting. No final action on a topic may be taken at a study session. Action on topics of study sessions will be taken at a regular or special meeting of Council. (d) Emergency Meetings An emergency meeting is a special meeting of Council called without 24-hour notice. An emergency meeting will be held only when immediate action of Council is necessary to avoid or mitigate injury to persons or property and when 24-hour notice of a special meeting is likely to increase the likelihood of such injury. Emergency meetings may be called by the Mayor or a majority of Council Members. The minutes will indicate the reason for the emergency meeting. (e) Executive Session of Council An executive session is that portion of a Council meeting that is closed to the public and attended by the Council, the Mayor and necessary staff members and/or consultants. Executive sessions may be held during Regular or Special Council meetings. Prior to entering an executive session, the chair of the meeting will publically state the legal basis for the executive session and the estimated time that the meeting will be closed to the public. Should the estimated time of the executive session be exceeded, a public announcement will be made that the executive session is being extended. State law limits the topics that may be discussed in executive session s and include such topics as 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. (f) Retreats The annual retreat will be scheduled before March 1 of each year. Council may request that the Mayor schedule a mid -year retreat at its discretion. 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (a) Call Meeting To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member's absence is excused. The Mayor may, with the concurrence of the Council, take agenda items out of order. Agenda items may be added pursuant to Rule 3.3 of these Rules. 3 (b) Pledge of Allegiance Council Members or invited guests lead the flag salute. (c) Proclamations and Presentations i. 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 that have a major citywide impact. City Council Proclamations will 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. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. The Mayor, Council President, and Deputy Mayor will determine together if a Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Council Proclamation be added to a regular meeting agenda by submitting a draft of the proposed text of the Proclamation to the Council President or Mayor prior to the agenda setting meeting outlined in Section 3 of these rules. Council Members who propose a Proclamation must identify a person to receive the proclamation no later than noon on the Thursday before the meeting where it is to be presented. ii. Mayor - Emerging Issues and Report iii. Council Committee and Regional Committee Reports iv. Deputy Mayor Report V. Council President Report (d) Citizen Comment Members of the audience may comment on items relating to any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public .19 office). Citizen comment sign-up sheets 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, except the follow will be allowed five (5) minutes: - a person whose property is the subject of a condemnation ordinance then pending before the City Council; - a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other citizens have designated the speaker as spokesperson. No speaker may convey or donate his or her time to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during the 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.) (e) Consent Agenda Consent Agenda items have either been previously considered by a City Council Committee or are considered to be routine and non -controversial and may be approved by one motion. Any Council Member may remove an item from the Consent Agenda for separate discussion and action. (f) Public Hearings See Section 12 of these Rules for discussion of public hearing procedures. (g) Council Business Council Business items are those items other than items on the consent agenda, resolutions, and ordinances requiring Council action. (h) Ordinances i. First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. Citizen Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. 5 ii. Second Reading and Enactment. Council Members approve the ordinance for enactment as an enforceable City law. iii. Mayor's Action. Upon successful passage of an ordinance, the Mayor may: A. Approve the ordinance as passed by Council and sign the ordinance; or, B. Veto the enacted ordinance by submitting written objections to the City Clerk and the City Council within ten (10) calendar days; or, C. Not sign the ordinance, which will then become valid after ten (10) calendar days have elapsed. iv. Council Response to a Mayoral Veto. A. Upon receiving notice of a veto with written objections, the City Council may amend the agenda of the next City Council meeting to have the written objections read into the record during Council Business. The City Council may then take action at the City Council meeting or at the following City Council meeting. City Council may respond to a veto by: I. Reconsidering and modifying the enacted ordinance to incorporate solutions to the Mayor's written objections; or II. Override the Mayor's veto by a vote of five (5) Council Members (a majority plus one). B. If the Mayor does not sign an ordinance within ten (10) days of passage, the Council President will sign the ordinance. V. Publication of the Ordinance The City Clerk will publish the enacted ordinance title in the official newspaper, which will establish the effective date, after final action by the Mayor or the City Council. (i) City Council Reports Council Members may report on significant activities since the last meeting. 2 (j) Executive Session Executive session may be held in accordance with Rule 2.1(e) above. (k) 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 state and local law. These minutes will constitute the official record of the Council. With the exception of scrivener's errors, official City Council meeting minutes will not be revised without a majority vote of the Council at a regular meeting of Council. 2.4 COUNCIL MEMBER SEATING City Council Members and the Mayor will be seated at the dais in the following order (counting from left to right when facing the dais from the audience): (a) The Mayor and Council President will sit in chairs #4 and #5, respectively (the center seats at the dais); the Deputy Mayor will sit in chair #3. (b) The remaining Council Members will be seated consecutively from left to right when facing the dais from the audience with position #1 being in chair #1, position #2 being in chair #2, and so on. 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 a list of each item to be considered by the Council. 3.2 The agenda is subject to approval by the Council President, Deputy Mayor, and one Committee Chair. The assignment of the Committee Chair will be for one year. Should the designated Committee Chair decline the assignment, the assignment will fall to the next Chair in order. The Committee Chair tasked with assisting the Council President and Deputy Mayor in approving the agenda will be assigned in in the following order: Finance/Economic Development/Regional Affairs Committee Land Use/Transportation Committee 7 Parks/Recreation/Human Services & Public Safety Committee 3.3 An item may be placed on a Council meeting agenda by: (a) A majority vote of the Council; (b) Council Consensus; (c) By any two (2) Council Members; (d) By the action of a Council Committee; or (e) By the Mayor 3.4 The proposed agenda will be provided to all City Council Members no less than 48 hours prior to publication. 3.5 The City Clerk will publish the final agenda no later than 5:00 p.m. on the Thursday prior to the Council meeting. The complete Council packet will be published no later than 5:00 p.m. on the Friday prior to the Council meeting. 3.6 A majority of Council may vote to amend a regular meeting agenda after it has been published. Such amendments to the agenda must occur at the start of the public meeting. Any alteration of a special meeting agendas must be publicized at least 24-hours before the scheduled meeting. 3.7 Legally required or publicly advertised Public Hearings will take precedence over other agenda items. 3.8 All agenda packets and agenda items will be in the format provided by the City Clerk's Office. SECTION 4. COUNCIL DISCUSSION 4.1 All Council discussion will be governed by Robert's Rules of Order, Newly Revised. Where there is a conflict between Robert's Rules of Order and these rules, these rules will control. SECTION 5. CITIZEN COMMENT 5.1 Persons addressing the Council, who have not been invited to present as part of the formal agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. A person speaking on behalf of a group of more than five (5) in attendance or written proof that more than five (5) designate as spokesperson may speak for five (5) minutes. No speaker may convey or donate his or her time to another speaker. All remarks will be addressed to the Council as a whole, and not to individuals such as City staff members, Council Members or the Mayor. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be corrected by the chair or removed from the meeting. 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will forward the written comment to the City Council and upload them to the city website Written comments should be succinct and should not take longer than 3 minutes to be read. 5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to maintain order at any meeting. 5.4 Citizens with complaints, concerns or questions, should be encouraged to refer the matter to the Mayor, 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 that involves a potential violation of the City's Code of Ethics will be advised by the Council, the Mayor or City staff, of the existence of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion that requires a second does not receive a second, it dies. Examples of motions that do not need a second include: nominations, withdrawal of motion, agenda order, request for a roll call vote, and points of order. 6.2 A motion related to the passage of an ordinance, grant, or revocation of a franchise or license, or any resolution for the payment of money that receives a tie vote is deemed to have failed. Otherwise, the Mayor may vote to break a tie vote as outlined in RCW 35A.12.100. 6.3 Motions should be made clearly and concisely, outlining the proposed action to be taken. Arguments in support of the motion should not be included in the motion. 6.4 After a motion and second, the Mayor will state the names of the Council Members 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 voting. Council may question staff to seek their opinions on the likely E consequences of a proposed course of action. No further citizen comments may be heard while there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council reaches consensus without a formal vote on a topic that does not require a formal vote, 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 used to set aside a pending motion to handle business that is more pressing. A motion to table may not interrupt the speaker that has the floor. It requires a second and a majority vote. It is not debatable, but it is proper (and often required for the member to briefly explain the reason for the motion). If the motion to table prevails, the motion and all pending amendments to the motion are set aside to be considered at a future time when it is "taken from the table." A tabled motion may be taken from the table at any time during a regular meeting before it expires at the end of the next regular meeting. If an item is not taken from the table before the adjournment of the next regular session, the motion fails. 6.9 A motion to postpone to a certain time is the preferred method of postponing consideration of an issue to a future time. It is debatable as to the reason for the postponement but not to the merits of the main motion. It is amendable and may be reconsidered at the same meeting. 6.10 A motion to postpone indefinitely ends consideration of the main motion without taking a direct vote on the merits of the main motion. It is debatable as to the reason for the postponement as well as to the merits of the main motion. It is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 6.11 - A motion to call for the question closes debate on the main motion and is undebatable. This motion requires a second and requires a two-thirds (2/3) majority to pass. Debate continues normally if the motion fails. 6.12 A motion to amend the motion is to insert or add, strike out, strike out and then insert, or substitute language in the motion it seeks to modify. Motion to amend requires a second and a majority vote. 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. 6.13 A pending motion to amend is voted on first, then the main motion as amended is voted on (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote. 10 6.16 When a question has been decided, any Council Member who voted in the majority may move for reconsideration. A motion for reconsideration of a vote made after the meeting has adjourned is out of order. 6.17 The City Attorney will decide all questions of interpretations of these Rules and other questions of a parliamentary nature that may arise at a Council meeting. (See Section 4 of these Rules.) All cases not provided for in these Rules will be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules will prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non -unanimous votes, or if requested by a Council Member, 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 during televised City Council meetings the outcome of the vote. The official meeting minutes will always reflect roll call votes on each action item. 6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal will be voted on by the Council. An appeal may not be amended, is not debatable when it relates to breaches of decorum, violations of the rules of speaking, the priority of business, or if the appeal is made while a previous question remains pending. An appeal is not in order when another appeal is pending. SECTION 7. ORDINANCES 7.1 All ordinances will be prepared or reviewed by the City Attorney. No ordinance will be prepared for presentation to the Council, unless requested by a majority of the Council, the Mayor, or the City Attorney. 7.2 Ordinances will be introduced and enacted by Council Bill Number. After enactment, the City Clerk will assign a permanent ordinance number. 7.3 The City Clerk or designee will read the title of the ordinance prior to voting. 7.4 Upon enactment of the ordinance, the City Clerk will obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk will obtain the signature of the Mayor. After the Mayor's signature, the City Clerk will sign the ordinance. 7.5 If the Mayor vetoes an ordinance with written objections to Council, the Council may vote on the disputed ordinance at the next City Council meeting. If a majority plus one of Council vote to approve the disputed ordinance, it becomes effective in accordance with the effective date in the ordinance. If a majority plus one of the Council does not approve the disputed ordinance, it fails. 11 7.6 Ordinances, or ordinance summaries, will be published in the official newspaper immediately following enactment. 7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless otherwise specified in the body of the ordinance. SECTION 8. PRESIDING OFFICER 8.1 The Presiding Officer at all meetings of the Council will be the Mayor, and in the absence of the Mayor, the Council President will act in that capacity. If both the Mayor and Council President are absent, the Deputy Mayor will preside. If the Mayor, Council President, and Deputy Mayor are absent the Council Members present will elect one of its members to serve as Presiding Officer until the return of the Mayor, Council President, or Deputy Mayor. 8.2 The Presiding Officer will: (a) Preserve order and decorum in the Council chambers; (b) Observe and enforce these Rules; (c) Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; (d) Recognize Council Members in the order in which they request the floor. (e) The Presiding Officer, when a Council Member acts as Presiding Officer, that Council Member will be governed in all matters and issues by the same rules and restrictions as other Council Members. SECTION 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There will be mutual respect from both City staff and Council Members 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 Council Members will acknowledge City staff as administering the policies of the City. 9.3 All written requests for information from Council Members will be submitted by City staff, after approval of the Mayor, to all Council Members with a notation indicating which Council Member requested the information. 9.4 Council Members will 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. 12 9.5 The Council will not attempt to directly control the operating rules and practices of any City department. 9.6 Mail that is addressed to the Council as a whole will be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 9.7 The City Clerk will not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member will direct the Mayor 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 that implicate City policy will be directed to a Council Committee for consideration. 9.9 Individual Council Members may make direct requests for information to department directors. Requests that will create a change in work assignments or City staffing levels must be made through the Mayor. 9.10 Whenever practicable, Council Members will provide staff advance notice of any questions or concerns they have regarding an agenda item or topic of debate prior to asking those questions or expressing those concerns in a public meeting. SECTION 10. COUNCIL MEETING STAFFING 10.1 The Mayor will preside over all regular meetings of the Council unless excused. The Mayor may make recommendations to the Council. When the Mayor has an excused absence, the Council President will preside over the meeting. 10.2 The City Attorney will attend all meetings of the Council unless excused, and will, upon request, give an opinion, either written or oral, on legal questions. The City Attorney will act as the Council's parliamentarian. The Deputy or Assistant City Attorney will attend meetings when the City Attorney has been excused. 10.3 The City Clerk, or designee, will attend regular and special 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. SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: 13 (a) Death of immediate family member "Immediate Family" is defined as the Council Member's parent, spouse or domestic partner, child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in- law, grandparent, grandchild, aunt, uncle, or the step -relation equivalent to those listed. (b) Illness Illness of a Council Member or of an immediate family member, as defined above, requiring the member to personally attend and care for the immediate family member provided that the illness does not necessitate an absence longer than six (6) months. (c) Three nonconsecutive absences Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Rule 11.3. (d) Absences for Council Business A Council Member who is absent because of other commitments representing Council or because of circumstances beyond the Council Member's control, such as due to traffic, weather, or an accident. 11.2 VACANCY OF OFFICE A Council position shall become vacant if the councilmember fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (RCW 35A.12.060) 11.3 Council Members will inform the Mayor, the Council President, 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 Council Member as having an excused absence. 11.4 ATTENDANCE FROM A REMOTE LOCATION (a) Purpose. The City Council recognizes the benefits of the fullest practicable attendance and participation by its Members and by the Mayor and hereby allows attendance from a remote location of regular, special, and committee meetings of Council through the use of electronic two-way communication methods such as speakerphones or internet communication platforms. Attendance from a remote location is not permitted for executive sessions. 14 (b) Effect. Votes cast by the Council Member attending remotely will have the same effect as votes cast by members physically present at the meeting. The Presiding Officer must be physically present at the meeting. (c) Intent. Attendance from a remote location is intended to be an alternative and relatively infrequently -used method for participation at meetings by Members of the Council. (d) Limit. Only three Council Members may attend any City Council meeting by remote communication. Council Members intending to participate in a meeting from a remote location should let the City Clerk know as soon as possible of their intention. The City Clerk will confirm that one of the three remote connections is still available for that specific meeting. Only two Council Members may attend any Council Committee meeting by remote connection. Council Members intending to participate in a meeting from a remote location should let the staff assigned to support the Committee know as soon as possible of their intention to attend remotely. Staff will confirm that one of the two remote connections is still available for that specific meeting. (e) System Requirement. All communication to and from the remote location must be clearly heard by all others in attendance. (f) Protocol. In any meeting involving remote attendance, at the beginning of meeting the Presiding Officer will inform all present that a particular Member of the Council or Mayor is attending remotely via electronic means and confirm that all participants can hear each other clearly. This confirmation will be recorded in the meeting minutes. If the Council Member or Mayor who is attending from a remote location will not be participating through the entire meeting, the presiding officer will announce through what portion attendance by remote location will occur. If remote communication is irreparably broken or significantly degraded during the meeting; the presiding officer will confirm the loss of the connection and close the remote attendance. The Presiding Officer will at this time state if quorum for the meeting has been affected by the loss of the connection. 15 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 of a legislative public hearing is to obtain public input on legislative decisions on matters of policy such as 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 the rights of specific parties and include, 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 as part of the public comment process. In quasi-judicial hearings, Council Members will comply with all applicable laws including the appearance of fairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. The Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but is meant to avoid an appearance of conflict of interest to the average person. This may involve the Council Member or a Council Member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council Member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, each Council Member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council Member should disclose the facts to the Mayor who will seek the opinion of the City Attorney, which will be communicated to the Council Member and the Mayor. SECTION 13. MEDIA ATTENDENCE AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Council Committees, and Council advisory bodies are open to the media. Media representatives may freely make audio or video recordings of Council Meetings, provided that it does not interfere with the orderly conduct of the meeting. Seating space will be provided for the media at public meetings. 16 SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE 14.1 All public communications should model the same professional behavior expected during Council meetings or community meetings, and reflect favorably on the speaking Council Member, the City Council as a whole, and the City. If a Council Member appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, the Council Member will state the majority position of the Council, if known, on such issue. Personal opinions and comments that differ from the Council majority may be expressed if the Council Member clearly states that the views expressed do not represent those of the City Council or the City of Federal Way. 14.2 Council Members need to have other Council Members' permission before representing to media, another governmental agency, a community organization or to any third party: (1) another Council Member's view or position; or (2) the majority of Council's view or position. 14.3 SOCIAL MEDIA Social media posts such as blogs, Facebook, and Twitter may be used by Council Members to communicate with the public, provided the following guidelines are used: (a) To comply with the Public Records Act (PRA), Council Members will follow those archiving procedures outlined in Rule 17.3 Social Media Records. (b) Social media will not be used to conduct City Council business other than to informally communicate. Public notices, items of legal or fiscal significance that have not been released to the public, and discussion of quasi-judicial matters may not be included in Council Member social media posts. (c) Responses to social media posts will be limited by the provision of the Open Public Meetings Act so as not to constitute an open public meeting if a quorum of the City Council was to participate. (d) In order to demonstrate openness and willingness to listen to the entire community, Council Member posts on social media sites should be made through a public -facing page or by marking individual posts available to the public as a whole. (e) Disclaimers, per Rule 14.4 are used. (f) If a Council Member makes a factual error in a public communication, they should correct the error as soon as possible. Blog posts may be corrected by amending a previous post with a note that a correction was made. 17 Council Members are encouraged to maintain social media sites with settings that can restrict a user's ability to comment in order to avoid inadvertent discussion that may violate the Open Public Meetings Act. 14.4 SOCIAL MEDIA DISCLAIMERS Social media postings will include, or reference a link to, disclaimers that state: (a) The views expressed represent the views of the author and may not reflect the views of the Federal Way City Council or official City policy. (b) Responses to the communication by other Council Members may be limited by the provision of the Open Public Meetings Act under which a policy discussion must be held in an open public meeting if a quorum of the City Council participates. (c) Comments posted in response to a Council Member -initiated communication may be subject to public disclosure under the Washington State Public Records Act. SECTION 15. CONFIDENTIALITY 15.1 Council Members will keep confidential all written materials and verbal information, including but not limited to the topic(s) and/or the substance, provided to them during executive sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Council Members 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 42.23.070(3)). 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. Council Members should obtain the permission of the majority of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the Mayor. Any Council Member having any contact or discussion with a third party related to a confidential communication will make full disclosure to the City Council in a timely manner. 15.3 If a Council Member believes a topic or discussion in executive session is improper, the Council Member may refuse to participate and leave the executive session and say nothing outside of the executive session. SECTION 16. COUNCIL TRAVEL AND EXPENSES 16.1 PURPOSE AND ADMINISTRATION 18 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 funds, as well to provide guidelines governing what types of expenses are reimbursable to the Council Member. 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 will be paid unless it is accompanied by a 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 will contain the following: (a) 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; and (b) 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 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 will be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and modified from time to time. 19 Notwithstanding the per diem rate, actual meal costs may be claimed when they are part of a regularly scheduled business event such as a training seminar, professional meeting, or other business meeting. If the costs of meals for persons other than the claimant are included, unless otherwise approved by the Mayor or designee, those persons must be entitled to meal reimbursement in their own right and they will be listed by name and title in claim documentation. 16.6 NON-REIBURSABLE MEAL COSTS Non -reimbursable meal costs include, but are not limited to: (a) Alcohol. (b) 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. 16.8 CITY VEHICLE Out -of -the -area costs of vehicle operation such as gas, oil, tires, and necessary repairs are authorized. 16.9 PERSONAL VEHICLE Expenses will be reimbursed for travel within a 300-mile radius of the City at such rate per mile as will be established from time to time by the Mayor, 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: (1) the established rate per mile; or (2) the lowest available airfare obtainable by the City 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 by the Council President or designee in writing. Council Members will accept optional additional insurance coverage offered by the rental agency as part of the rental agreement. 9E 16.11 AIR TRAVEL Arrangement for air travel on City -related business will be arranged as outlined below: (a) Whenever feasible, air travel arrangements should be made at least 5 weeks in advance of the departure date. (b) The authorized procurer will arrange for air travel based on the lowest available airfare for a regularly scheduled flight that reasonably accommodates the time of travel requested, and the destination as specified. (c) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. (d) If personal travel is combined with business -related travel, the traveling Council Member will be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City will pay the lowest available airfare for the round trip between the Seattle/Tacoma airport and the business -related destination. Such payment for personal travel will accompany the City's payment to the vendor for the tickets whenever feasible. (e) 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 will be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (f) Officials who obtain airline tickets on their own will be reimbursed based on the lower of: (1) Actual out-of-pocket cost paid for the airline tickets or alternate means of transportation (substantiated by a receipt); or (2) the lowest airfare available for their time of travel, unless an exception is granted in writing by the Council President or designee. 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 City staff, as may be authorized by the Council President, 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 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. 21 16.14 VENDOR'S RECEIPT A vendor's receipt will be required only when the single item cost 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 the City or home. 16.16 ACCOMMODATIONS Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed at 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: (a) 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 (b) 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 22 Personal postage, reading material, telephone calls Personal toiletry articles 16.18 NON -TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subject to the following: (a) Meals consumed by the City official during meetings and other functions that conduct official City business or serve to benefit the City are reimbursable to the official. (b) 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. (c) Refreshments purchased solely for personal entertainment are not a legitimate City expense. 16.19 CEREMONIES AND CELEBRATIONS (a) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi - employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. (b) 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. (c) 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. 23 16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS Council Member claims for the reimbursement of meal costs for non -city employees and non -city officials will be documented and approved by the Mayor or designee. The documentation must identify: (a) The names of the individual or individuals being hosted; (b) Their official title or capacity as it related to City business; (c) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (d) How this activity was an appropriate way to carry out that purpose or policy. 16.21 CLAIMS AND APPROVAL PROCEDURE All claims will 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 complies with the petty cash policy adopted by the City. 16.22 Approvals required by this policy will be obtained by Council Members from the Council President or designee. 16.23 Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. 16.24 Claims of Council Members must be approved by the Mayor or his/her designee for reimbursement. 16.25 Exceptions to the expense rules for unusual circumstances maybe approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. 16.26 In preparation of the City's budget, Council Member travel and training expenses will be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are allocated in the budget must be approved by the Council President or designee. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are not anticipated and not allocated in the budget must be approved by the Council President in consultation with the Mayor. 00 16.27 REPORT A report, oral and/or written as appropriate, will be made to the Council at a regularly scheduled Council meeting as soon as practical, following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports will be maintained by the City Clerk. The Mayor will make an annual State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The Mayor will provide an executive summary following each City Council retreat which will be made available to the public. SECTION 17. PUBLIC RECORDS 17.1 Public records created or received by any Council Member will be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.56 RCW. Public records that are duplicates of those received by, or in the possession of the City, are not required to be transferred to the City. 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 All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. All electronic communications, whether concurrent or serial, must be considered in light of the Open Public Meetings Act. No Council Member will communicate electronically to more than two other Council Members in the same correspondence. This does not apply to communications limited to the purpose of calling special and emergency meetings. If the intended purpose of the electronic communication is to have a discussion that should be held in an open meeting, the electronic discussion should not occur. Further, the use of electronic communication to form a collective decision of the Council violates the Open Public Meetings Act. 17.3 SOCIAL MEDIA RECORDS Council members who use social media platforms or forums that are supported by the City's archiving software are required to enroll the account with the social media archiver. Council Members who make posts to unsupported platforms must screenshot their posts and public responses to their posts and e-mail them to the Council Member's City e-mail account as an interim archiving method. Comments posted in response to a Council Member initiated communication maybe subject to public disclosure under the Public Records Act and must be archived. 25 SECTION 18. COUNCIL PRESIDENT AND DEPUTY MAYOR SELECTION PROCESS 18.1 The Council President and Deputy Mayor will be nominated and elected from the ranks of the sitting Council Members. 18.2 The Council President shall exercise the authority of "deputy mayor" or "mayor pro tempore" described in RCW 3 5A.12.065. The Council President will be elected for a two (2) year term at the first Regular City Council meeting in January by a majority vote consistent with RCW 35A.12.065. The City Council may rescind the vote of the Council President by a simple majority. If a vacancy occurs, the Council will elect a Council President to fill the unexpired term. 18.3 The Deputy Mayor will function as an internal council officer as outlined in these Rules of Procedure or as delegated by the Council President. The Deputy Mayor will be elected for a two (2) year term at the first Regular City Council meeting in January. 18.4 The Mayor or designee will conduct the election for the Council President and the Deputy Mayor. (See Appendix "A" to these Rules.) SECTION 19. CITY ADVISORY BODIES 19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an invaluable service to the City. Their advice on a wide variety of subjects aids Council Members in the decision -making process. Effective citizen participation is an invaluable tool for local government. 19.2 Council 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. 19.3 Federal Way advisory bodies bring together citizen viewpoints that 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. Traditionally, these bodies have also served as a training ground or stepping stone for qualified persons who are interested in seeking public office. 19.4 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 Revised Code, or at times by state law. 26 19.5 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. 19.6 The size of each advisory group is determined by the City Council according to its duties and responsibilities. Another determination to be made prior to formation is the cost of staffing a proposed advisory body. 19.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. 19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members. 19.9 Council will interview new applicants at a special council meeting. Any Council Member who attended the public interview session will be eligible to vote on the recommendation to be made to the full Council. The full City Council will vote on the appointments to the Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made under Rule 19.12. 19.10 Vacancies on Commissions will be filled as follows: (a) Filling Vacancies at End of Term To fill a vacancy created by the expiration of a term, City staff will advertise the open position to the public. The citizen currently serving in the position may reapply for the same position. All applicants, including the incumbent, will be interviewed pursuant to the process outlined in Rule 19.9. (b) Filling Vacancies Mid -Term When a citizen advisory position becomes vacant mid-term, the City Council may appoint an alternate who is already serving on that same board or commission to fill the mid-term vacancy. Alternates who were previously interviewed within 12 months of the vacancy being created do not need to be interviewed again prior to appointment as a voting member. 19.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. 19.12 Vacancies will be advertised not more than three times so that any interested citizen may submit an application. Council Members are encouraged to solicit applications from qualified citizens. In the event there are an insufficient number of applications to fill the vacancies, the Council President or Deputy Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council Member may contact the City Clerk to request the interview process as set forth in Rule 19.9. 27 If no Council Member requests the interview process, the Council President will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be citizens of the City of Federal Way if required by the Federal Way Revised Code or if required by the City Council. Applications will be available from the Office of the City Clerk, 19.13 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. 19.14 Newly appointed members will attend an orientation no later than ninety (90) days after appointment. The orientation will include a presentation by the City Attorney, or designee, to address applicable laws, including the Federal Way Ethics Code, and receive a briefing by the commission, committee or task force chairperson, the Council Committee Chair and/or City staff. The briefing will include the duties and responsibilities of the members of the advisory body. Each newly -appointed member will receive an information packet that will include 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. 19.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. 19.16 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. 19.17 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 accordance with state public meetings laws and City policy. 19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. 19.19 Minutes will be kept by City support staff of all meetings in accordance with the public meeting laws of the State. 19.20 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. 28 19.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory body, prior to the expiration of their term of office, by a majority vote of the City Council. 19.22 A quorum for conducting business is a simple majority of the membership of the advisory body. 19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory bodies will provide a written list of all memberships on boards and employment to the Chair and to Staff. The list will include the members and immediate family (spouse/partner and dependent children). It is the responsibility of the member to update the list when changes occur. The purpose of the list is to avoid any instance of conflict of interest. No member of an advisory body will use their official position for financial gain or personal advantage. 19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the Mayor'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 advisory body. Members of advisory bodies speaking to another body to voice their personal beliefs on a topic should not cite their position as a member of a City of Federal Way advisory body. 19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep current on Council actions. 19.26 The City Council may transmit referrals for information or action through the staff to the applicable Council Committee Chair to the advisory groups. These advisory groups may transmit findings, reports, etc., to the City Council through staff or the applicable Council Committee Chair. 19.27 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 Mayor. 19.28 Annually, each advisory body will develop a work program for the City Council's consideration and approval. The City Council may amend the advisory body's work program. 29 SECTION 20. COUNCIL COMMITTEES 20.1 Council committees are the policy review and discussion arms of the Council. Committees 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 will be as determined by the City Council in January of each year. The committees are as follows: - Finance/Economic Development/Regional Affairs Committee - Land Use/Transportation Committee - Lodging Tax Advisory Committee - Parks/Recreation/Human Services & Public Safety Committee 20.2 Committees will establish regular meeting schedules as determined by the Chair of the Committee in consultation with the Committee members and the Mayor 20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council Members. 20.5 The Mayor or Council President may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 20.6 Committee appointments (chairs and members) will be made by the Council President in consultation with the Deputy Mayor. The Council President will consider the interests and requests of individual Council Members in making committee assignments. 20.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 20.8 The Council President or Deputy Mayor may serve as an ex officio (voting) member of a committee when a quorum of committee members is not available. If, during a meeting when the Council President or Deputy Mayor is serving as an ex officio member, a quorum of committee members appears at the meeting, the Council President or Deputy Mayor will no 30 longer serve as an ex officio member unless there is a pending matter before the committee that the Council President or Deputy Mayor has participated in discussions for and is prepared to vote on. 20.9 The Council President in consultation with the Deputy Mayor will make committee assignments each January, with members serving two (2) year terms. Council will ratify the Council President's committee assignments at a Rgular City Council meeting. The Council President has the discretion to appoint or remove Committee members at any time, subject to ratification by the Council. SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES 21.1 PURPOSE The purpose of this section is to provide guidance to the City Council when a Federal Way Council Member or Mayor position becomes vacant before the expiration of the official's elected term of office. Pursuant to state law, a person appointed to fill a vacancy serves the remainder of the unexpired term. 21.2 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.12.050 - Vacancies - Filling of Vacancies in Mayor -Council Form of Government. 21.3 APPOINTMENT PROCESS (a) A Council position or Mayor position becomes vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written resignation, or death of a Council Member or Mayor. The Council Member or Mayor who is vacating his or her position cannot participate in the appointment process. (b) The Mayor will direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The City Council will direct staff to begin the Mayoral 31 appointment process and establish and interview and appointment schedule, so that the position is filled at the earliest opportunity. (c) The City Clerk's Office will 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 and lists the following with the prerequisites to holding public office: (1) be a registered voter of the City of Federal Way; and (2) have a one (1) year residency in the City of Federal Way. This display advertisement will be published once each week for two (2) consecutive weeks. This display advertisement will contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, duties of the position, deadline for submitting applications, interview and appointment schedules, and other information that the City Council deems appropriate. (d) The City Clerk's Office will prepare an application form that 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 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. (e) Applications received by the deadline will be copied and circulated by the City Clerk's Office to the Mayor and City Council. Application packets may also contain additional information received such as endorsements, letters of reference, and other pertinent materials. (f) The City Clerk's Office will schedule interview times for the applicants during a regular or special meeting of Council. (g) The City Clerk's Office will notify applicants of the location, date and time of City Council interviews. (h) Prior to the date and time of the interview meeting, the Mayor or Council President will accept one interview question from each Council Member. 21.4 INTERVIEW MEETING Each interview of an applicant will be no more than 30 minutes in length as follows: (a) The applicant will present his or her credentials to the City Council. (10 minutes) (b) The City Council will 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 two (2) minutes to answer each question. (14 minutes) 32 (c) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) (d) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. (e) The Council may reduce the 30-minute interview time if the number of applicants exceeds 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. 21.5 VOTING Upon completion of the interviews, Council Members may discuss the qualifications of the applicants in an executive session. However, all interviews, deliberations, nominations and votes taken by the Council will be in open public session. (a) The Mayor will ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. (b) Nominations are closed by a motion, second and majority vote of the Council. (c) Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. (d) The Mayor will poll Council Members to ascertain that Council Members are prepared to vote. (e) The City Clerk will proceed with a roll -call vote. (f) Elections will continue until a nominee receives a majority vote of the remaining Council Members. (g) At any time 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. (h) Upon a majority vote, City Council may go into executive session to further discuss the applicant's qualifications. (i) The Mayor will declare the nominee receiving the majority vote as the new Council Member. The appointed Council Member will be sworn into office by the City Clerk at the earliest opportunity and no later than the next regularly scheduled City Council meeting. 33 (j) If the City Council does not fill a vacancy within 90 days of the declared vacancy, state law delegates appointment powers to King County. SECTION 22. MISCELLANEOUS 22.1 When Council Members register to attend an official conference requiring voting delegates, such as the annual National League of Cities or Association of Washington Cities, the Council will 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) will be done on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. 22.2 Use of city -owned equipment to update personal social media sites or e-mail accounts is subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and Procedures), which allows for incidental use of city equipment for personal needs, provided the activity does not cause the City to incur additional cost or liability or pose additional risk to security, privacy or conflict with another City policy. Use of city -owned equipment or e- mail accounts for campaign purposes is prohibited by RCW 42.17A.555 SECTION 23. SUSPENSION AND AMENDMENT OF RULES 23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily suspended by a majority vote of the Council. 23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. 34 APPENDIX "A" COUNCIL PRESIDENT AND DEPUTY MAYOR ELECTION PROCESS (1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3) 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 Council Members present. (4) If more than one (1) nomination is made, an open election is conducted by roll call vote. (5) To be elected, the nominee needs a majority vote of the Council. (6) Elections will continue until a Council President and Deputy Mayor are elected by a majority vote of the Council. (7) The Mayor will declare the nominee receiving the majority vote. l(Amayorkity councillcouncil rules\2020\2020 council rules - final 35 COUNCIL MEETING DATE: March 15, 2022 ITEM #: 6d- ... .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: AMENDING CITY COUNCIL RULES OF PROCEDURE — ATTENDANCE AT CHARITY OR CIVIC EVENTS. POLICY QUESTION: Should the City Council amend the Council Rules of Procedure to allow City funds to be used to purchase seats at charity or civic events when deemed a benefit to the City? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ® Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: LAW Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A DIRECTOR APPROVAL: Z-ZL Committee Counci nitinUDate Initial/Date Initial/Dale COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Proposed Changes to Council Rules of Procedure — Attendance at Charity or Civic Events Financial Impacts: There are no foreseeable financial impacts to the City attributable to these proposed changes. Background Information: Per Council's direction at the February 26, 2022, Council Retreat, I have drafted a resolution that would change the Council Rules of Procedure to: • Allow City funds to be used to purchase seats at a charity or civic event when attendance at the event will benefit the City and when such expenditures are within the budget established by Council for that purpose. Rev. 7/18 and RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending the City Council Rules of Procedure. WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992; WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times since 1992; and WHEREAS, the City Council finds that attendance at some charity or civic events benefits the City as a whole; and WHEREAS, not all City Councilmembers can pay for admission to these events with their personal funds; and WHEREAS, the City Council finds it in the City's interests to expend City funds, as budgeted, to pay for Councilmembers to attend certain charity or civic events. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Rule 16.19 (c) shall be amended as follows: (c) 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. Council members mqy use City funds to purchase seats at charity or civic events when attendance at the event will benefit the City and when such expenditures are within the budget established by Council for that pwpose. Resolution No. 22- Page I of 3 Rev 1/21 Section 2. Those language changes shown as underline and strikethrough changes in the preceding sections are hereby adopted and a clean version of the Council Rules accepting all changes are attached as Exhibit A. Section 3. Severabitity. If any section, sentence, clause or phrase of this resolution 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 of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section S. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of . 20 . [signatures to follow] Resolution No. 22- Page 2 of 3 Rev 1/21 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 3 of 3 Rev 1 /21 Exhibit A CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE 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 November 16, 1999 February 19, 2002 February 19, 2003 April 6, 2004 March 7, 2006 May 15, 2007 September 18, 2007 March 3, 2009 February 16, 2010 November 23, 2010 December 7, 2010 February 1, 2011 March 1, 2011 February 7, 2012 November 3, 2015 March 15, 2016 March 7, 2017 March 5, 2019 February 18, 2020 January 4, 2022 March , 2022 OFFICE OF THE CITY CLERK INDEX SECTION NO. TITLE PAGE NO. 1 Authority 1 2 Council Meetings 1 3 Agenda Preparation 6 4 Council Discussion 7 5 Citizen Comment 7 6 Motions 8 7 Ordinances 10 8 Presiding Officer 11 9 Council Relations with City Staff 11 10 Council Meeting Staffing 12 11 Council Member Attendance at Meetings 12 12 Public Hearings 14 13 Media Attendance at Council Meetings 15 14 Council Representation and Social Media Use 15 15 Confidentiality 17 16 Council Travel & Expenses 17 17 Public Records 24 18 Council President and Deputy Mayor Selection Process 24 19 City Advisory Bodies 25 20 Council Committees 28 21 Filling City Council and Mayor Vacancies 29 22 Miscellaneous 32 23 Suspension and Amendment of Rules 33 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 will be in effect upon adoption by the Council and until such time as they are amended or new Rules are adopted. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (a) Regular Meetings Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall with the exceptions outlined below Regular meetings of Council will begin at 6:30 p.m., and will adjourn no later than 10:00 p.m. To continue past this time of adjournment, a maj ority of the Council must concur. If any Tuesday on which a meeting is scheduled falls on a legal holiday or election night, the meeting will be held at 6:30 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. In the month of August, one regular meeting of Council will be held on the second Tuesday of the month in lieu of meetings on the first and third Tuesdays. Unless a majority of Council votes otherwise, the second regular meeting of Council in December (on the third Tuesday) will not be held. (b) Special Meetings A special meeting of Council is any Council meeting other than a regular meeting. Notice will be given at least 24 hours in advance of any special meeting specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be called by the Council President, the Mayor, or a majority of the Council Members. (c) Study Sessions Council study sessions will be held as needed as directed by the Council President, the Mayor, or by two (2) or more Council Members. 2 Study sessions will be informal meetings for the purpose of reviewing prospective programs, receiving progress reports on current programs or projects, or to consider a topic in greater detail than time might allow at a regular or special meeting. No final action on a topic may be taken at a study session. Action on topics of study sessions will be taken at a regular or special meeting of Council. (d) Emergency Meetings An emergency meeting is a special meeting of Council called without 24-hour notice. An emergency meeting will be held only when immediate action of Council is necessary to avoid or mitigate injury to persons or property and when 24-hour notice of a special meeting is likely to increase the likelihood of such injury. Emergency meetings may be called by the Mayor or a majority of Council Members. The minutes will indicate the reason for the emergency meeting. (e) Executive Session of Council An executive session is that portion of a Council meeting that is closed to the public and attended by the Council, the Mayor and necessary staff members and/or consultants. Executive sessions may be held during Regular or Special Council meetings. Prior to entering an executive session, the chair of the meeting will publically state the legal basis for the executive session and the estimated time that the meeting will be closed to the public. Should the estimated time of the executive session be exceeded, a public announcement will be made that the executive session is being extended. State law limits the topics that may be discussed in executive session s and include such topics as 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. (f) Retreats The annual retreat will be scheduled before March 1 of each year. Council may request that the Mayor schedule a mid -year retreat at its discretion. 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (a) Call Meeting To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member's absence is excused. The Mayor may, with the concurrence of the Council, take agenda items out of order. Agenda items may be added pursuant to Rule 3.3 of these Rules. 3 (b) Pledge of Allegiance Council Members or invited guests lead the flag salute. (c) Proclamations and Presentations i. 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 that have a major citywide impact. City Council Proclamations will 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. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. The Mayor, Council President, and Deputy Mayor will determine together if a Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Council Proclamation be added to a regular meeting agenda by submitting a draft of the proposed text of the Proclamation to the Council President or Mayor prior to the agenda setting meeting outlined in Section 3 of these rules. Council Members who propose a Proclamation must identify a person to receive the proclamation no later than noon on the Thursday before the meeting where it is to be presented. ii. Mayor - Emerging, Issues and Report iii. Council Committee and Regional Committee Roorts iv. Deputy Mayor Report V. Council President Report (d) Citizen Comment Members of the audience may comment on items relating to any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public 0 office). Citizen comment sign-up sheets 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, except the follow will be allowed five (5) minutes: - a person whose property is the subject of a condemnation ordinance then pending before the City Council; - a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other citizens have designated the speaker as spokesperson. No speaker may convey or donate his or her time to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during the 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.) (e) Consent Agenda Consent Agenda items have either been previously considered by a City Council Committee or are considered to be routine and non -controversial and may be approved by one motion. Any Council Member may remove an item from the Consent Agenda for separate discussion and action. (f) Public Hearings See Section 12 of these Rules for discussion of public hearing procedures. (g) Council Business Council Business items are those items other than items on the consent agenda, resolutions, and ordinances requiring Council action. (h) Ordinances i. First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. Citizen Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. E ii. Second Reading and Enactment. Council Members approve the ordinance for enactment as an enforceable City law. iii. Mayor's Action. Upon successful passage of an ordinance, the Mayor may: A. Approve the ordinance as passed by Council and sign the ordinance; or, B. Veto the enacted ordinance by submitting written objections to the City Clerk and the City Council within ten (10) calendar days; or, C. Not sign the ordinance, which will then become valid after ten (10) calendar days have elapsed. iv. Council Response to a Mayoral Veto. A. Upon receiving notice of a veto with written objections, the City Council may amend the agenda of the next City Council meeting to have the written objections read into the record during Council Business. The City Council may then take action at the City Council meeting or at the following City Council meeting. City Council may respond to a veto by: I. Reconsidering and modifying the enacted ordinance to incorporate solutions to the Mayor's written objections; or II. Override the Mayor's veto by a vote of five (5) Council Members (a majority plus one). B. If the Mayor does not sign an ordinance within ten (10) days of passage, the Council President will sign the ordinance. V. Publication of the Ordinance The City Clerk will publish the enacted ordinance title in the official newspaper, which will establish the effective date, after final action by the Mayor or the City Council. (i) City Council Reports Council Members may report on significant activities since the last meeting. n (j) Executive Session Executive session may be held in accordance with Rule 2.1(e) above. (k) 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 state and local law. These minutes will constitute the official record of the Council. With the exception of scrivener's errors, official City Council meeting minutes will not be revised without a majority vote of the Council at a regular meeting of Council. 2.4 COUNCIL MEMBER SEATING City Council Members and the Mayor will be seated at the dais in the following order (counting from left to right when facing the dais from the audience): (a) The Mayor and Council President will sit in chairs #4 and #5, respectively (the center seats at the dais); the Deputy Mayor will sit in chair #3. (b) The remaining Council Members will be seated consecutively from left to right when facing the dais from the audience with position #1 being in chair #1, position #2 being in chair #2, and so on. 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 a list of each item to be considered by the Council. 3.2 The agenda is subject to approval by the Council President, Deputy Mayor, and one Committee Chair. The assignment of the Committee Chair will be for one year. Should the designated Committee Chair decline the assignment, the assignment will fall to the next Chair in order. The Committee Chair tasked with assisting the Council President and Deputy Mayor in approving the agenda will be assigned in in the following order: Finance/Economic Development/Regional Affairs Committee Land Use/Transportation Committee Parks/Recreation/Human Services & Public Safety Committee 7 3.3 An item may be placed on a Council meeting agenda by: (a) A majority vote of the Council; (b) Council Consensus; (c) By any two (2) Council Members; (d) By the action of a Council Committee; or (e) By the Mayor 3.4 The proposed agenda will be provided to all City Council Members no less than 48 hours prior to publication. 3.5 The City Clerk will publish the final agenda no later than 5:00 p.m. on the Thursday prior to the Council meeting. The complete Council packet will be published no later than 5:00 p.m. on the Friday prior to the Council meeting. 3.6 A majority of Council may vote to amend a regular meeting agenda after it has been published. Such amendments to the agenda must occur at the start of the public meeting. Any alteration of a special meeting agendas must be publicized at least 24-hours before the scheduled meeting. 3.7 Legally required or publicly advertised Public Hearings will take precedence over other agenda items. 3.8 All agenda packets and agenda items will be in the format provided by the City Clerk's Office. SECTION 4. COUNCIL DISCUSSION 4.1 All Council discussion will be governed by Robert's Rules of Order, Newly Revised. Where there is a conflict between Robert's Rules of Order and these rules, these rules will control. SECTION 5. CITIZEN COMMENT 5.1 Persons addressing the Council, who have not been invited to present as part of the formal agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. A person speaking on behalf of a group of more than five (5) in attendance or written proof that more than five (5) designate as spokesperson may speak for five (5) minutes. No speaker may convey or donate his or her time to another speaker. All remarks will be addressed to the Council as a whole, and not to individuals such as City staff members, Council Members or the Mayor. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be corrected by the chair or removed from the meeting. 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will read the written comment into the record during the Public Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to written comments being read into the record. 5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to maintain order at any meeting. 5.4 Citizens with complaints, concerns or questions, should be encouraged to refer the matter to the Mayor, 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 that involves a potential violation of the City's Code of Ethics will be advised by the Council, the Mayor or City staff, of the existence of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion that requires a second does not receive a second, it dies. Examples of motions that do not need a second include: nominations, withdrawal of motion, agenda order, request for a roll call vote, and points of order. 6.2 A motion related to the passage of an ordinance, grant, or revocation of a franchise or license, or any resolution for the payment of money that receives a tie vote is deemed to have failed. Otherwise, the Mayor may vote to break a tie vote as outlined in RCW 35A.12.100. 6.3 Motions should be made clearly and concisely, outlining the proposed action to be taken. Arguments in support of the motion should not be included in the motion. 6.4 After a motion and second, the Mayor will state the names of the Council Members 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 voting. Council may question staff to seek their opinions on the likely consequences of a proposed course of action. No further citizen comments may be heard while there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council reaches consensus without a formal vote on a topic that does not require a formal vote, 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. E 6.8 A motion to table is used to set aside a pending motion to handle business that is more pressing. A motion to table may not interrupt the speaker that has the floor. It requires a second and a majority vote. It is not debatable, but it is proper (and often required for the member to briefly explain the reason for the motion). If the motion to table prevails, the motion and all pending amendments to the motion are set aside to be considered at a future time when it is "taken from the table." A tabled motion may be taken from the table at any time during a regular meeting before it expires at the end of the next regular meeting. If an item is not taken from the table before the adjournment of the next regular session, the motion fails. 6.9 A motion to postpone to a certain time is the preferred method of postponing consideration of an issue to a future time. It is debatable as to the reason for the postponement but not to the merits of the main motion. It is amendable and may be reconsidered at the same meeting. 6.10 A motion to postpone indefinitely ends consideration of the main motion without taking a direct vote on the merits of the main motion. It is debatable as to the reason for the postponement as well as to the merits of the main motion. It is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 6.11 A motion to call for the question closes debate on the main motion and is undebatable. This motion requires a second and requires a two-thirds (2/3) majority to pass. Debate continues normally if the motion fails. 6.12 A motion to amend the motion is to insert or add, strike out, strike out and then insert, or substitute language in the motion it seeks to modify. Motion to amend requires a second and a majority vote. 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. 6.13 A pending motion to amend is voted on first, then the main motion as amended is voted on (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote. 6.16 When a question has been decided, any Council Member who voted in the majority may move for reconsideration. A motion for reconsideration of a vote made after the meeting has adjourned is out of order. 6.17 The City Attorney will decide all questions of interpretations of these Rules and other questions of a parliamentary nature that may arise at a Council meeting. (See Section 4 of 10 these Rules.) All cases not provided for in these Rules will be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules will prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non -unanimous votes, or if requested by a Council Member, 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 during televised City Council meetings the outcome of the vote. The official meeting minutes will always reflect roll call votes on each action item. 6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal will be voted on by the Council. An appeal may not be amended, is not debatable when it relates to breaches of decorum, violations of the rules of speaking, the priority of business, or if the appeal is made while a previous question remains pending. An appeal is not in order when another appeal is pending. SECTION 7. ORDINANCES 7.1 All ordinances will be prepared or reviewed by the City Attorney. No ordinance will be prepared for presentation to the Council, unless requested by a majority of the Council, the Mayor, or the City Attorney. 7.2 Ordinances will be introduced and enacted by Council Bill Number. After enactment, the City Clerk will assign a permanent ordinance number. 7.3 The City Clerk or designee will read the title of the ordinance prior to voting. 7.4 Upon enactment of the ordinance, the City Clerk will obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk will obtain the signature of the Mayor. After the Mayor's signature, the City Clerk will sign the ordinance. 7.5 If the Mayor vetoes an ordinance with written objections to Council, the Council may vote on the disputed ordinance at the next City Council meeting. If a majority plus one of Council vote to approve the disputed ordinance, it becomes effective in accordance with the effective date in the ordinance. If a majority plus one of the Council does not approve the disputed ordinance, it fails. 7.6 Ordinances, or ordinance summaries, will be published in the official newspaper immediately following enactment. 7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless otherwise specified in the body of the ordinance. 11 SECTION 8. PRESIDING OFFICER 8.1 The Presiding Officer at all meetings of the Council will be the Mayor, and in the absence of the Mayor, the Council President will act in that capacity. If both the Mayor and Council President are absent, the Deputy Mayor will preside. If the Mayor, Council President, and Deputy Mayor are absent the Council Members present will elect one of its members to serve as Presiding Officer until the return of the Mayor, Council President, or Deputy Mayor. 8.2 The Presiding Officer will: (a) Preserve order and decorum in the Council chambers; (b) Observe and enforce these Rules; (c) Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; (d) Recognize Council Members in the order in which they request the floor. (e) The Presiding Officer, when a Council Member acts as Presiding Officer, that Council Member will be governed in all matters and issues by the same rules and restrictions as other Council Members. SECTION 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There will be mutual respect from both City staff and Council Members 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 Council Members will acknowledge City staff as administering the policies of the City. 9.3 All written requests for information from Council Members will be submitted by City staff, after approval of the Mayor, to all Council Members with a notation indicating which Council Member requested the information. 9.4 Council Members will 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 will not attempt to directly control the operating rules and practices of any City department. 9.6 Mail that is addressed to the Council as a whole will be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 12 9.7 The City Clerk will not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member will direct the Mayor 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 that implicate City policy will be directed to a Council Committee for consideration. 9.9 Individual Council Members may make direct requests for information to department directors. Requests that will create a change in work assignments or City staffing levels must be made through the Mayor. 9.10 Whenever practicable, Council Members will provide staff advance notice of any questions or concerns they have regarding an agenda item or topic of debate prior to asking those questions or expressing those concerns in a public meeting. SECTION 10. COUNCIL MEETING STAFFING 10.1 The Mayor will preside over all regular meetings of the Council unless excused. The Mayor may make recommendations to the Council. When the Mayor has an excused absence, the Council President will preside over the meeting. 10.2 The City Attorney will attend all meetings of the Council unless excused, and will, upon request, give an opinion, either written or oral, on legal questions. The City Attorney will act as the Council's parliamentarian. The Deputy or Assistant City Attorney will attend meetings when the City Attorney has been excused. 10.3 The City Clerk, or designee, will attend regular and special 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. SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (a) Death of immediate family member "Immediate Family" is defined as the Council Member's parent, spouse or domestic partner, child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in- 13 law, grandparent, grandchild, aunt, uncle, or the step -relation equivalent to those listed. (b) Illness Illness of a Council Member or of an immediate family member, as defined above, requiring the member to personally attend and care for the immediate family member provided that the illness does not necessitate an absence longer than six (6) months. (c) Three nonconsecutive absences Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Rule 11.3. (d) Absences for Council Business A Council Member who is absent because of other commitments representing Council or because of circumstances beyond the Council Member's control, such as due to traffic, weather, or an accident. 11.2 VACANCY OF OFFICE A Council position shall become vacant if the councilmember fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (RCW 35A.12.060) 11.3 Council Members will inform the Mayor, the Council President, 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 Council Member as having an excused absence. 11.4 ATTENDANCE FROM A REMOTE LOCATION (a) Purpose. The City Council recognizes the benefits of the fullest practicable attendance and participation by its Members and by the Mayor and hereby allows attendance from a remote location of regular, special, and committee meetings of Council through the use of electronic two-way communication methods such as speakerphones or internet communication platforms. Attendance from a remote location is not permitted for executive sessions. (b) Effect. Votes cast by the Council Member attending remotely will have the same effect as votes cast by members physically present at the meeting. The Presiding Officer must be physically present at the meeting. (c) Intent. Attendance from a remote location is intended to be an alternative and relatively infrequently -used method for participation at meetings by Members of the Council. 14 (d) Limit. Only three Council Members may attend any City Council meeting by remote communication. Council Members intending to participate in a meeting from a remote location should let the City Clerk know as soon as possible of their intention. The City Clerk will confirm that one of the three remote connections is still available for that specific meeting. Only two Council Members may attend any Council Committee meeting by remote connection. Council Members intending to participate in a meeting from a remote location should let the staff assigned to support the Committee know as soon as possible of their intention to attend remotely. Staff will confirm that one of the two remote connections is still available for that specific meeting. (e) System Requirement. All communication to and from the remote location must be clearly heard by all others in attendance. (f) Protocol. In any meeting involving remote attendance, at the beginning of meeting the Presiding Officer will inform all present that a particular Member of the Council or Mayor is attending remotely via electronic means and confirm that all participants can hear each other clearly. This confirmation will be recorded in the meeting minutes. If the Council Member or Mayor who is attending from a remote location will not be participating through the entire meeting, the presiding officer will announce through what portion attendance by remote location will occur. If remote communication is irreparably broken or significantly degraded during the meeting; the presiding officer will confirm the loss of the connection and close the remote attendance. The Presiding Officer will at this time state if quorum for the meeting has been affected by the loss of the connection. 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 of a legislative public hearing is to obtain public input on legislative decisions on matters of policy such as comprehensive land use plan or the biennial budget. 15 12.3 QUASI-JUDICIAL PUBLIC HEARINGS The purpose of a quasi-judicial public hearing is to decide the rights of specific parties and include, 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 as part of the public comment process. In quasi-judicial hearings, Council Members will comply with all applicable laws including the appearance of fairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. The Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but is meant to avoid an appearance of conflict of interest to the average person. This may involve the Council Member or a Council Member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council Member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, each Council Member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council Member should disclose the facts to the Mayor who will seek the opinion of the City Attorney, which will be communicated to the Council Member and the Mayor. SECTION 13. MEDIA ATTENDENCE AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Council Committees, and Council advisory bodies are open to the media. Media representatives may freely make audio or video recordings of Council Meetings, provided that it does not interfere with the orderly conduct of the meeting. Seating space will be provided for the media at public meetings. SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE 14.1 All public communications should model the same professional behavior expected during Council meetings or community meetings, and reflect favorably on the speaking Council Member, the City Council as a whole, and the City. If a Council Member appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, the Council Member will state the majority position of the Council, if known, on such issue. Personal opinions and comments that differ from the Council majority may be expressed if the Council Member clearly states that the views expressed do not represent those of the City Council or the City of Federal Way. 16 14.2 Council Members need to have other Council Members' permission before representing to media, another governmental agency, a community organization or to any third party: (1) another Council Member's view or position; or (2) the majority of Council's view or position. 14.3 SOCIAL MEDIA Social media posts such as blogs, Facebook, and Twitter may be used by Council Members to communicate with the public, provided the following guidelines are used: (a) To comply with the Public Records Act (PRA), Council Members will follow those archiving procedures outlined in Rule 17.3 Social Media Records. (b) Social media will not be used to conduct City Council business other than to informally communicate. Public notices, items of legal or fiscal significance that have not been released to the public, and discussion of quasi-judicial matters may not be included in Council Member social media posts. (c) Responses to social media posts will be limited by the provision of the Open Public Meetings Act so as not to constitute an open public meeting if a quorum of the City Council was to participate. (d) In order to demonstrate openness and willingness to listen to the entire community, Council Member posts on social media sites should be made through a public -facing page or by marking individual posts available to the public as a whole. (e) Disclaimers, per Rule 14.4 are used. (f) If a Council Member makes a factual error in a public communication, they should correct the error as soon as possible. Blog posts may be corrected by amending a previous post with a note that a correction was made. Council Members are encouraged to maintain social media sites with settings that can restrict a user's ability to comment in order to avoid inadvertent discussion that may violate the Open Public Meetings Act. 14.4 SOCIAL MEDIA DISCLAIMERS Social media postings will include, or reference a link to, disclaimers that state: (a) The views expressed represent the views of the author and may not reflect the views of the Federal Way City Council or official City policy. (b) Responses to the communication by other Council Members may be limited by the provision of the Open Public Meetings Act under which a policy discussion must be held in an open public meeting if a quorum of the City Council participates. 17 (c) Comments posted in response to a Council Member -initiated communication may be subject to public disclosure under the Washington State Public Records Act. SECTION 15. CONFIDENTIALITY 15.1 Council Members will keep confidential all written materials and verbal information, including but not limited to the topic(s) and/or the substance, provided to them during executive sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Council Members 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 42.23.070(3)). 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. Council Members should obtain the permission of the majority of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the Mayor. Any Council Member having any contact or discussion with a third party related to a confidential communication will make full disclosure to the City Council in a timely manner. 15.3 If a Council Member believes a topic or discussion in executive session is improper, the Council Member may refuse to participate and leave the executive session and say nothing outside of the executive session. 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 funds, as well to provide guidelines governing what types of expenses are reimbursable to the Council Member. 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. 18 16.2 DOCUMENTATION Except for per diem allowances, no claim for reimbursement will be paid unless it is accompanied by a 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 will contain the following: (a) 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; and (b) 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 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 will be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and modified from time to time. Notwithstanding the per diem rate, actual meal costs may be claimed when they are part of a regularly scheduled business event such as a training seminar, professional meeting, or other business meeting. If the costs of meals for persons other than the claimant are included, unless otherwise approved by the Mayor or designee, those persons must be entitled to meal reimbursement in their own right and they will be listed by name and title in claim documentation. 16.6 NON-REIBURSABLE MEAL COSTS Non -reimbursable meal costs include, but are not limited to: 19 (a) Alcohol. (b) 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. 16.8 CITY VEHICLE Out -of -the -area costs of vehicle operation such as gas, oil, tires, and necessary repairs are authorized. 16.9 PERSONAL VEHICLE Expenses will be reimbursed for travel within a 300-mile radius of the City at such rate per mile as will be established from time to time by the Mayor, 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: (1) the established rate per mile; or (2) the lowest available airfare obtainable by the City 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 by the Council President or designee in writing. Council Members will accept optional additional insurance coverage offered by the rental agency as part of the rental agreement. 16.11 AIR TRAVEL Arrangement for air travel on City -related business will be arranged as outlined below: (a) Whenever feasible, air travel arrangements should be made at least 5 weeks in advance of the departure date. (b) The authorized procurer will arrange for air travel based on the lowest available airfare for a regularly scheduled flight that reasonably accommodates the time of travel requested, and the destination as specified. (c) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. Pic (d) If personal travel is combined with business -related travel, the traveling Council Member will be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City will pay the lowest available airfare for the round trip between the Seattle/Tacoma airport and the business -related destination. Such payment for personal travel will accompany the City's payment to the vendor for the tickets whenever feasible. (e) 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 will be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (f) Officials who obtain airline tickets on their own will be reimbursed based on the lower of. (1) Actual out-of-pocket cost paid for the airline tickets or alternate means of transportation (substantiated by a receipt); or (2) the lowest airfare available for their time of travel, unless an exception is granted in writing by the Council President or designee. 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 City staff, as may be authorized by the Council President. 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 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 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 the City or home. 21 16.16 ACCOMMODATIONS Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed at 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: (a) 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 (b) 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 16.18 NON -TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subject to the following: (a) Meals consumed by the City official during meetings and other functions that conduct official City business or serve to benefit the City are reimbursable to the official. 22 (b) 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. (c) Refreshments purchased solely for personal entertainment are not a legitimate City expense. 16.19 CEREMONIES AND CELEBRATIONS (a) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi - employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. (b) 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. (c) 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. Council members may use City funds to purchase seats at charity or civic events when attendance at the event will benefit the City and when such expenditures are within the budget established by Council for that purpose. 16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS Council Member claims for the reimbursement of meal costs for non -city employees and non -city officials will be documented and approved by the Mayor or designee. The documentation must identify: (a) The names of the individual or individuals being hosted; (b) Their official title or capacity as it related to City business; (c) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (d) How this activity was an appropriate way to carry out that purpose or policy. 23 16.21 CLAIMS AND APPROVAL PROCEDURE All claims will 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 complies with the petty cash policy adopted by the City. 16.22 Approvals required by this policy will be obtained by Council Members from the Council President or designee. 16.23 Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. 16.24 Claims of Council Members must be approved by the Mayor or his/her designee for reimbursement. 16.25 Exceptions to the expense rules for unusual circumstances maybe approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. 16.26 In preparation of the City's budget, Council Member travel and training expenses will be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are allocated in the budget must be approved by the Council President or designee. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are not anticipated and not allocated in the budget must be approved by the Council President in consultation with the Mayor. 16.27 REPORT A report, oral and/or written as appropriate, will be made to the Council at a regularly scheduled Council meeting as soon as practical, following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports will be maintained by the City Clerk. The Mayor will make an annual State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The Mayor will provide an executive summary following each City Council retreat which will be made available to the public. 24 SECTION 17. PUBLIC RECORDS 17.1 Public records created or received by any Council Member will be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.56 RCW. Public records that are duplicates of those received by, or in the possession of the City, are not required to be transferred to the City. 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 All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. All electronic communications, whether concurrent or serial, must be considered in light of the Open Public Meetings Act. No Council Member will communicate electronically to more than two other Council Members in the same correspondence. This does not apply to communications limited to the purpose of calling special and emergency meetings. If the intended purpose of the electronic communication is to have a discussion that should be held in an open meeting, the electronic discussion should not occur. Further, the use of electronic communication to form a collective decision of the Council violates the Open Public Meetings Act. 17.3 SOCIAL MEDIA RECORDS Council members who use social media platforms or forums that are supported by the City's archiving software are required to enroll the account with the social media archiver. Council Members who make posts to unsupported platforms must screenshot their posts and public responses to their posts and e-mail them to the Council Member's City e-mail account as an interim archiving method. Comments posted in response to a Council Member initiated communication may be subject to public disclosure under the Public Records Act and must be archived. SECTION 18. COUNCIL PRESIDENT AND DEPUTY MAYOR SELECTION PROCESS 18.1 The Council President and Deputy Mayor will be nominated and elected from the ranks of the sitting Council Members. 18.2 The Council President shall exercise the authority of"deputy mayor" or "mayor pro tempore" described in RCW 3 5A.12.065. The Council President will be elected for a two (2) year term at the first Regular City Council meeting in January by a majority vote consistent with RCW 35A.12.065. The City Council may rescind the vote of the Council President by a simple majority. If a vacancy occurs, the Council will elect a Council President to fill the unexpired term. 25 18.3 The Deputy Mayor will function as an internal council officer as outlined in these Rules of Procedure or as delegated by the Council President. The Deputy Mayor will be elected for a two (2) year term at the first Regular City Council meeting in January. 18.4 The Mayor or designee will conduct the election for the Council President and the Deputy Mayor. (See Appendix "A" to these Rules.) SECTION 19. CITY ADVISORY BODIES 19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an invaluable service to the City. Their advice on a wide variety of subjects aids Council Members in the decision -making process. Effective citizen participation is an invaluable tool for local government. 19.2 Council 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. 19.3 Federal Way advisory bodies bring together citizen viewpoints that 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. Traditionally, these bodies have also served as a training ground or stepping stone for qualified persons who are interested in seeking public office. 19.4 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 Revised Code, or at times by state law. 19.5 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. 19.6 The size of each advisory group is determined by the City Council according to its duties and responsibilities. Another determination to be made prior to formation is the cost of staffing a proposed advisory body. 19.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. 26 19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members. 19.9 Council will interview new applicants at a special council meeting. Any Council Member who attended the public interview session will be eligible to vote on the recommendation to be made to the full Council. The full City Council will vote on the appointments to the Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made under Rule 19.12. 19.10 Vacancies on Commissions will be filled as follows: (a) Filling Vacancies at End of Term To fill a vacancy created by the expiration of a term, City staff will advertise the open position to the public. The citizen currently serving in the position may reapply for the same position. All applicants, including the incumbent, will be interviewed pursuant to the process outlined in Rule 19.9. (b) Filling, Vacancies Mid -Term When a citizen advisory position becomes vacant mid-term, the City Council may appoint an alternate who is already serving on that same board or commission to fill the mid-term vacancy. Alternates who were previously interviewed within 12 months of the vacancy being created do not need to be interviewed again prior to appointment as a voting member. 19.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. 19.12 Vacancies will be advertised not more than three times so that any interested citizen may submit an application. Council Members are encouraged to solicit applications from qualified citizens. In the event there are an insufficient number of applications to fill the vacancies, the Council President or Deputy Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council Member may contact the City Clerk to request the interview process as set forth in Rule 19.9. If no Council Member requests the interview process, the Council President will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be citizens of the City of Federal Way if required by the Federal Way Revised Code or if required by the City Council. Applications will be available from the Office of the City Clerk. 19.13 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. 19.14 Newly appointed members will attend an orientation no later than ninety (90) days after appointment. The orientation will include a presentation by the City Attorney, or designee, to 27 address applicable laws, including the Federal Way Ethics Code, and receive a briefing by the commission, committee or task force chairperson, the Council Committee Chair and/or City staff. The briefing will include the duties and responsibilities of the members of the advisory body. Each newly -appointed member will receive an information packet that will include 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. 1.9.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. 19.16 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. 19.17 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 accordance with state public meetings laws and City policy. 19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. 19.19 Minutes will be kept by City support staff of all meetings in accordance with the public meeting laws of the State. 19.20 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. 19.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory body, prior to the expiration of their term of office, by a majority vote of the City Council. 19.22 A quorum for conducting business is a simple majority of the membership of the advisory body. 19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory bodies will provide a written list of all memberships on boards and employment to the Chair and to Staff. The list will include the members and immediate family (spouse/partner and 28 dependent children). It is the responsibility of the member to update the list when changes occur. The purpose of the list is to avoid any instance of conflict of interest. No member of an advisory body will use their official position for financial gain or personal advantage. 19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the Mayor'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 advisory body. Members of advisory bodies speaking to another body to voice their personal beliefs on a topic should not cite their position as a member of a City of Federal Way advisory body. 19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep current on Council actions. 19.26 The City Council may transmit referrals for information or action through the staff to the applicable Council Committee Chair to the advisory groups. These advisory groups may transmit findings, reports, etc., to the City Council through staff or the applicable Council Committee Chair. 19.27 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 Mayor. 19.28 Annually, each advisory body will develop a work program for the City Council's consideration and approval. The City Council may amend the advisory body's work program. SECTION 20. COUNCIL COMMITTEES 20.1 Council committees are the policy review and discussion arms of the Council. Committees 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 will be as determined by the City Council in January of each year. The committees are as follows: - Finance/Economic Development/Regional Affairs Committee - Land Use/Transportation Committee 29 - Lodging Tax Advisory Committee - Parks/Recreation/Human Services & Public Safety Committee 20.2 Committees will establish regular meeting schedules as determined by the Chair of the Committee in consultation with the Committee members and the Mayor 20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council Members. 20.5 The Mayor or Council President may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 20.6 Committee appointments (chairs and members) will be made by the Council President in consultation with the Deputy Mayor. The Council President will consider the interests and requests of individual Council Members in making committee assignments. 20.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 20.8 The Council President or Deputy Mayor may serve as an ex officio (voting) member of a committee when a quorum of committee members is not available. If, during a meeting when the Council President or Deputy Mayor is serving as an ex officio member, a quorum of committee members appears at the meeting, the Council President or Deputy Mayor will no longer serve as an ex officio member unless there is a pending matter before'the committee that the Council President or Deputy Mayor has participated in discussions for and is prepared to vote on. 20.9 The Council President in consultation with the Deputy Mayor will make committee assignments each January, with members serving two (2) year terms. Council will ratify the Council President's committee assignments at a Rgular City Council meeting. The Council President has the discretion to appoint or remove Committee members at any time, subject to ratification by the Council. SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES 21.1 PURPOSE The purpose of this section is to provide guidance to the City Council when a Federal Way Council Member or Mayor position becomes vacant before the expiration of the official's 30 elected term of office. Pursuant to state law, a person appointed to fill a vacancy serves the remainder of the unexpired term. 21.2 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.12.050 - Vacancies - Filling of Vacancies in Mayor -Council Form of Government. 21.3 APPOINTMENT PROCESS (a) A Council position or Mayor position becomes vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written resignation, or death of a Council Member or Mayor. The Council Member or Mayor who is vacating his or her position cannot participate in the appointment process. (b) The Mayor will direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The City Council will direct staff to begin the Mayoral appointment process and establish and interview and appointment schedule, so that the position is filled at the earliest opportunity. (c) The City Clerk's Office will 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 and lists the following with the prerequisites to holding public office: (1) be a registered voter of the City of Federal Way; and (2) have a one (1) year residency in the City of Federal Way. This display advertisement will be published once each week for two (2) consecutive weeks. This display advertisement will contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, duties of the position, deadline for submitting applications, interview and appointment schedules, and other information that the City Council deems appropriate. (d) The City Clerk's Office will prepare an application form that 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 other locations that the City Council deems appropriate. Copies of the display advertisement will be provided to current members 31 of City of Federal Way commissions, committees, task forces and other City - sponsored citizen groups. (e) Applications received by the deadline will be copied and circulated by the City Clerk's Office to the Mayor and City Council. Application packets may also contain additional information received such as endorsements, letters of reference, and other pertinent materials. (f) The City Clerk's Office will schedule interview times for the applicants during a regular or special meeting of Council. (g) The City Clerk's Office will notify applicants of the location, date and time of City Council interviews. (h) Prior to the date and time of the interview meeting, the Mayor or Council President will accept one interview question from each Council Member. 21.4 INTERVIEW MEETING Each interview of an applicant will be no more than 30 minutes in length as follows: (a) The applicant will present his or her credentials to the City Council. (10 minutes) (b) The City Council will 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 two (2) minutes to answer each question. (14 minutes) (c) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) (d) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. (e) The Council may reduce the 30-minute interview time if the number of applicants exceeds 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. 21.5 VOTING Upon completion of the interviews, Council Members may discuss the qualifications of the applicants in an executive session. However, all interviews, deliberations, nominations and votes taken by the Council will be in open public session. 32 (a) The Mayor will ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. (b) Nominations are closed by a motion, second and majority vote of the Council. (c) Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. (d) The Mayor will poll Council Members to ascertain that Council Members are prepared to vote. (e) The City Clerk will proceed with a roll -call vote. (f) Elections will continue until a nominee receives a majority vote of the remaining Council Members. (g) At any time 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. (h) Upon a majority vote, City Council may go into executive session to further discuss the applicant's qualifications. (i) The Mayor will declare the nominee receiving the majority vote as the new Council Member. The appointed Council Member will be sworn into office by the City Clerk at the earliest opportunity and no later than the next regularly scheduled City Council meeting. (j) If the City Council does not fill a vacancy within 90 days of the declared vacancy, state law delegates appointment powers to King County. SECTION 22. MISCELLANEOUS 22.1 When Council Members register to attend an official conference requiring voting delegates, such as the annual National League of Cities or Association of Washington Cities, the Council will 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) will be done on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. 22.2 Use of city -owned equipment to update personal social media sites or e-mail accounts is subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and Procedures), which allows for incidental use of city equipment for personal needs, provided the activity does not cause the City to incur additional cost or liability or pose additional risk to security, privacy or conflict with another City policy. Use of city -owned equipment or e- mail accounts for campaign purposes is prohibited by RCW 42.17A.555 W SECTION 23. SUSPENSION AND AMENDMENT OF RULES 23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily suspended by a majority vote of the Council. 23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. 34 APPENDIX "A" COUNCIL PRESIDENT AND DEPUTY MAYOR ELECTION PROCESS (1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3) 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 Council Members present. (4) If more than one (1) nomination is made, an open election is conducted by roll call vote. (5) To be elected, the nominee needs a majority vote of the Council. (6) Elections will continue until a Council President and Deputy Mayor are elected by a majority vote of the Council. (7) The Mayor will declare the nominee receiving the majority vote. K:\mayor\city council\council rules\2020\2020 council rules - final 35 COUNCIL MEETING DATE: March 15, 2022 ITEM #: 6e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: AMENDING CITY COUNCIL RULES OF PROCEDURE — REPLACING THE WORD "CITIZEN" WITH THE WORD "PUBLIC" THROUGHOUT THE RULES. POLICY QUESTION: Should the City Council amend the Council Rules of Procedure to replace the word "citizen" with the word "public" throughout the Rules? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ ® City Council Business Z STAFF REPORT BY: J. Ryan Call, City Attorney Attachments: 1. Staff Report 2. Resolution Ordinance Resolution MEETING DATE: N/A ❑ Public Hearing ❑ Other DEPT: LAW Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. APPROVAL: y IruunV art, Committee Member (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Proposed Changes to Council Rules of Procedure — Public Instead of Citizen Financial Impacts: There are no foreseeable financial impacts to the City attributable to these proposed changes. Background Information: Per Council's direction at the February 26, 2022, Regular Council Meeting, I have drafted a resolution that would change the Council Rules of Procedure to: • Substitute the word "public" for the word "citizen" throughout Council Rules. Rev. 7/18 and RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending the City Council Rules of Procedure. WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992; WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times since 1992; and WHEREAS, the Federal Way City Council recognizes that the City serves all who reside within its boundaries and seeks to use language that is meant to indicate inclusion in reference to the people it serves by changing the term "citizen" to "members of the public". NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Council Rules Index shall be amended as follows: INDEX SECTION NO. TITLE PAGE NO. 1 Authority 1 2 Council Meetings 1 3 Agenda Preparation 6 4 Council Discussion 7 5 PublicCitizen Comment 7 6 Motions 8 7 Ordinances 10 Resolution No. 22- Page 1 of 10 Rev 1/21 8 Presiding Officer 11 9 Council Relations with City Staff 11 10 Council Meeting Staffing 12 11 Council Member Attendance at Meetings 12 12 Public Hearings 14 13 Media Attendance at Council Meetings 15 14 Council Representation and Social Media Use 15 15 Confidentiality 17 16 Council Travel & Expenses 17 17 Public Records 24 18 Council President and Deputy Mayor Selection Process 24 19 City Advisory Bodies 25 20 Council Committees 28 21 Filling City Council and Mayor Vacancies 29 22 Miscellaneous 32 23 Suspension and Amendment of Rules 33 Section 2. Rule 2.2 (d) shall be amended as follows: (d) Publics Comment Members of the audience may comment on items relating to any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public office). Publics comment sign-up sheets will be available at each regular council meeting for the use of those ^members of the public wishing to address the Council. Members of the public are encouraged to begin their comments by stating their name and explaining their connection to the Citv of Federal Way. Comments are limited to three (3) minutes, except the follow will be allowed five (5) minutes: Resolution No. 22- Page 2 of 10 Rev 1/21 - a person whose property is the subject of a condemnation ordinance then pending before the City Council; a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other eitize ,�s ep ople have designated the speaker as spokesperson. No speaker may convey or donate his or her time to another speaker. The Mayor may allow eitize ublic comment on individual agenda items at times during the meeting other than the regularly scheduled Publics Comment period. These agenda items include, but are not limited to, ordinances, resolutions and Council Business issues. (See also Section 5, "Publics Comment" of these Rules.) Section 3. Rule 2.2 (h) (i) shall be amended as follows: i. First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. PublicC-itizen Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. Section 4. Section 5 of Council Rules shall be amended as follows: SECTION 5. PUBLICUTIZEN COMMENT 5.1 Persons addressing the Council, who have not been invited to present as part of the formal agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. A person speaking on behalf of a group of more than five (5) in attendance or written proof that more than five (5) designate as spokesperson may speak for five (5) minutes. No speaker may convey or donate his or her time to another speaker. All remarks will be addressed to the Council as a whole, and not to individuals such as City staff members, Council Members or the Mayor. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally Resolution No. 22- Page 3 of 10 Rev 1 /21 abusive while addressing the Council, may be corrected by the chair or removed from the meeting. 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will read the written comment into the record during the Public Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to written comments being read into the record. 5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to maintain order at any meeting. 5.4 rMembers of the public with complaints, concerns or questions, should be encouraged to refer the matter to the Mayor, or ask that the matter be placed on a future City Council meeting, or Council Committee agenda with the appropriate background information. Any ^member of the public who voices a concern or complaint at a City Council meeting that involves a potential violation of the City's Code of Ethics will be advised by the Council, the Mayor or City staff, of the existence of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or investigations from the Ethics Board. Section 5. Rule 6.5 shall be amended as follows: 6.5 After a motion has been made and seconded; the Council may discuss their opinions on the issue prior to voting. Council may question staff to seek their opinions on the likely consequences of a proposed course of action. No further publiceitizen comments may be heard while there is a motion and a second on the floor, unless allowed by the Mayor. Section 6. Rule 12.1 shall be amended as follows: 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. CatizensMembers of the public may comment on public hearing items. Section 7. Section 19 of Council Rules shall be amended as follows: SECTION 19. CITY ADVISORY BODIES 19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an invaluable service to the City. Their advice on a wide variety of subjects aids Council Resolution No. 22- Page 4 of 10 Rev 1/21 Members in the decision -making process. Effective ee:t ublic participation is an invaluable tool for local government. 19.2 Council 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. 19.3 Federal Way advisory bodies bring together eitize ublic viewpoints that 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. Traditionally, these bodies have also served as a training ground or stepping stone for qualified persons who are interested in seeking public office. 19.4 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 Revised Code, or at times by state law. 19.5 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 eimembers when they are appointed. 19.6 The size of each advisory group is determined by the City Council according to its duties and responsibilities. Another determination to be made prior to formation is the cost of staffing a proposed advisory body. 19.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. 19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members. 19.9 Council will interview new applicants at a special council meeting. Any Council Member who attended the public interview session will be eligible to vote on the recommendation to be made to the full Council. The full City Council will vote on the appointments to the Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made under Rule 19.12. 19.10 Vacancies on Commissions will be filled as follows: Resolution No. 22- Page S of 10 Rev 1 /21 (a) Filling Vacancies at End of Term To fill a vacancy created by the expiration of a term, City staff will advertise the open position to the public. The eifii�e ierson currently serving in the position may reapply for the same position. All applicants, including the incumbent, will be interviewed pursuant to the process outlined in Rule 19.9. (b) Filling Vacancies Mid -Terra When an ^advisory position becomes vacant mid-term, the City Council may appoint an alternate who is already serving on that same board or commission to fill the mid-term vacancy. Alternates who were previously interviewed within 12 months of the vacancy being created do not need to be interviewed again prior to appointment as a voting member. 19.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. 19.12 Vacancies will be advertised not more than three times so that any interested e4zenmember of the public may submit an application. Council Members are encouraged to solicit applications from qualified , e*smembers of the public. In the event there are an insufficient number of applications to fill the vacancies, the Council President or Deputy Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council Member may contact the City Clerk to request the interview process as set forth in Rule 19.9. If no Council Member requests the interview process, the Council President will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be eensresidents of the City of Federal Way if required by the Federal Way Revised Code or if required by the City Council. Applications will be available from the Office of the City Clerk. 19.13 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. 19.14 Newly appointed members will attend an orientation no later than ninety (90) days after appointment. The orientation will include a presentation by the City Attorney, or designee, to address applicable laws, including the Federal Way Ethics Code, and receive a briefing by the commission, committee or task force chairperson, the Council Committee Chair and/or City staff. The briefing will include the duties and responsibilities of the members of the advisory body. Each newly -appointed member will receive an information packet that will include 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 No. 22- Page 6 of 10 Rev 1/21 resolution, bylaws, or annual work program and a copy of the City of Federal Way Ethics Code. 19.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. 19.16 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. 19.17 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 accordance with state public meetings laws and City policy. 19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. 19.19 Minutes will be kept by City support staff of all meetings in accordance with the public meeting laws of the State. 19.20 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. 19.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory body, prior to the expiration of their term of office, by a majority vote of the City Council. 19.22 A quorum for conducting business is a simple majority of the membership of the advisory body. 19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory bodies will provide a written list of all memberships on boards and employment to the Chair and to Staff. The list will include the members and immediate family (spouse/partner and dependent children). It is the responsibility of the member to update the list when changes occur. The purpose of the list is to avoid any instance of conflict of interest. No member of an advisory body will use their official position for financial gain or personal advantage. Resolution No. 22- Page 7 of 10 Rev 1 /21 19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the Mayor'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 advisory body. Members of advisory bodies speaking to another body to voice their personal beliefs on a topic should not cite their position as a member of a City of Federal Way advisory body. 19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep current on Council actions. 19.26 The City Council may transmit referrals for information or action through the staff to the applicable Council Committee Chair to the advisory groups. These advisory groups may transmit findings, reports, etc., to the City Council through staff or the applicable Council Committee Chair. 19.27 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 Mayor. 19.28 Annually, each advisory body will develop a work program for the City Council's consideration and approval. The City Council may amend the advisory body's work program. Section 8. Rule 21.3 (d) shall be amended as follows: (d) The City Clerk's Office will prepare an application form that 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 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 eiizeftadvisoa groups. Section 9. Those language changes shown as underline and strikethrough changes in the preceding sections are hereby adopted and a clean version of the Council Rules accepting all changes are attached as Exhibit A. Resolution No. 22- Page 8 of 10 Rev 1/21 Section 10. Severability. If any section, sentence, clause or phrase of this resolution 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 of this resolution. Section 11. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 12. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 13. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20� [signatures to follow] Resolution No. 22- Page 9 of 10 Rev 1 /21 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 10 of 10 Rev 1/21 Exhibit A CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE 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 November 16, 1999 February 19, 2002 February 19, 2003 April 6, 2004 March 7, 2006 May 15, 2007 September 18, 2007 March 3, 2009 February 16, 2010 November 23, 2010 December 7, 2010 February 1, 2011 March 1, 2011 February 7, 2012 November 3, 2015 March 15, 2016 March 7, 2017 March 5, 2019 February 18, 2020 January 4, 2022 March, _, 2022 OFFICE OF THE CITY CLERK INDEX SECTION NO. TITLE PAGE NO. 1 Authority 1 2 Council Meetings 1 3 Agenda Preparation 6 4 Council Discussion 7 5 Public Comment 7 6 Motions 8 7 Ordinances 10 8 Presiding Officer 11 9 Council Relations with City Staff 11 10 Council Meeting Staffing 12 11 Council Member Attendance at Meetings 12 12 Public Hearings 14 13 Media Attendance at Council Meetings 15 14 Council Representation and Social Media Use 15 15 Confidentiality 17 16 Council Travel & Expenses 17 17 Public Records 24 18 Council President and Deputy Mayor Selection Process 24 19 City Advisory Bodies 25 20 Council Committees 28 21 Filling City Council and Mayor Vacancies 29 22 Miscellaneous 32 23 Suspension and Amendment of Rules 33 1 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 will be in effect upon adoption by the Council and until such time as they are amended or new Rules are adopted. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (a) Regular Meetings Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall with the exceptions outlined below Regular meetings of Council will begin at 6:30 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 or election night, the meeting will be held at 6:30 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. In the month of August, one regular meeting of Council will be held on the second Tuesday of the month in lieu of meetings on the first and third Tuesdays. Unless a majority of Council votes otherwise, the second regular meeting of Council in December (on the third Tuesday) will not be held. (b) Special Meetings A special meeting of Council is any Council meeting other than a regular meeting. Notice will be given at least 24 hours in advance of any special meeting specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be called by the Council President, the Mayor, or a majority of the Council Members. (c) Study Sessions Council study sessions will be held as needed as directed by the Council President, the Mayor, or by two (2) or more Council Members. 0) Study sessions will be informal meetings for the purpose of reviewing prospective programs, receiving progress reports on current programs or projects, or to consider a topic in greater detail than time might allow at a regular or special meeting. No final action on a topic may be taken at a study session. Action on topics of study sessions will be taken at a regular or special meeting of Council. (d) Emergency Meetings An emergency meeting is a special meeting of Council called without 24-hour notice. An emergency meeting will be held only when immediate action of Council is necessary to avoid or mitigate injury to persons or property and when 24-hour notice of a special meeting is likely to increase the likelihood of such injury. Emergency meetings may be called by the Mayor or a majority of Council Members. The minutes will indicate the reason for the emergency meeting. (e) Executive Session of Council An executive session is that portion of a Council meeting that is closed to the public and attended by the Council, the Mayor and necessary staff members and/or consultants. Executive sessions may be held during Regular or Special Council meetings. Prior to entering an executive session, the chair of the meeting will publically state the legal basis for the executive session and the estimated time that the meeting will be closed to the public. Should the estimated time of the executive session be exceeded, a public announcement will be made that the executive session is being extended. State law limits the topics that may be discussed in executive session s and include such topics as 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. (f) Retreats The annual retreat will be scheduled before March 1 of each year. Council may request that the Mayor schedule a mid -year retreat at its discretion. 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (a) Call Meeting To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member's absence is excused. The Mayor may, with the concurrence of the Council, take agenda items out of order. Agenda 'items may be added pursuant to Rule 3.3 of these Rules. 3 (b) Pledge of Allegiance Council Members or invited guests lead the flag salute. (c) 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 that have a major citywide impact. City Council Proclamations will 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. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. The Mayor, Council President, and Deputy Mayor will determine together if a Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Council Proclamation be added to a regular meeting agenda by submitting a draft of the proposed text of the Proclamation to the Council President or Mayor prior to the agenda setting meeting outlined in Section 3 of these rules. Council Members who propose a Proclamation must identify a person to receive the proclamation no later than noon on the Thursday before the meeting where it is to be presented. ii. Mayor - Emerging Issues and Report iii. Council Committee and Regional Committee Reports iv. Deputy Mayor Report V. Council President Report (d) Public Comment Members of the audience may comment on items relating to any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public 0 office). Public comment sign-up sheets will be available at each regular council meeting for the use of those members of the public wishing to address the Council. Members of the public are encouraged to begin their comments by stating their name and explaining their connection to the City of Federal Way. Comments are limited to three (3) minutes, except the follow will be allowed five (5) minutes: - a person whose property is the subject of a condemnation ordinance then pending before the City Council; - a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other people have designated the speaker as spokesperson. No speaker may convey or donate his or her time to another speaker. The Mayor may allow public comment on individual agenda items at times during the meeting other than the regularly scheduled Public Comment period. These agenda items include, but are not limited to, ordinances, resolutions and Council Business issues. (See also Section 5, "Public Comment" of these Rules.) (e) Consent Agenda Consent Agenda items have either been previously considered by a City Council Committee or are considered to be routine and non -controversial and may be approved by one motion. Any Council Member may remove an item from the Consent Agenda for separate discussion and action. (f) Public Hearings See Section 12 of these Rules for discussion of public hearing procedures. (g) Council Business Council Business items are those items other than items on the consent agenda, resolutions, and ordinances requiring Council action. (h) Ordinances i. First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. 5 Public Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. ii. Second Reading and Enactment. Council Members approve the ordinance for enactment as an enforceable City law. iii. Mayor's Action. Upon successful passage of an ordinance, the Mayor may: A. Approve the ordinance as passed by Council and sign the ordinance; or, B. Veto the enacted ordinance by submitting written objections to the City Clerk and the City Council within ten (10) calendar days; or, C. Not sign the ordinance, which will then become valid after ten (10) calendar days have elapsed. iv. Council Response to a Mayoral Veto. A. Upon receiving notice of a veto with written objections, the City Council may amend the agenda of the next City Council meeting to have the written objections read into the record during Council Business. The City Council may then take action at the City Council meeting or" at the following City Council meeting. City Council may respond to a veto by: Reconsidering and modifying the enacted ordinance to incorporate solutions to the Mayor's written objections; or II. Override the Mayor's veto by a vote of five (5) Council Members (a majority plus one). B. If the Mayor does not sign an ordinance within ten (10) days of passage, the Council President will sign the ordinance. V. Publication of the Ordinance The City Clerk will publish the enacted ordinance title in the official newspaper, which will establish the effective date, after final action by the Mayor or the City Council. 2 (i) City Council Reports Council Members may report on significant activities since the last meeting. 0) Executive Session Executive session may be held in accordance with Rule 2.1(e) above. (k) 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 state and local law. These minutes will constitute the official record of the Council. With the exception of scrivener's errors, official City Council meeting minutes will not be revised without a majority vote of the Council at a regular meeting of Council. 2.4 COUNCIL MEMBER SEATING City Council Members and the Mayor will be seated at the dais in the following order (counting from left to right when facing the dais from the audience): (a) The Mayor and Council President will sit in chairs #4 and #5, respectively (the center seats at the dais); the Deputy Mayor will sit in chair #3. (b) The remaining Council Members will be seated consecutively from left to right when facing the dais from the audience with position #1 being in chair 41, position #2 being in chair #2, and so on. 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 a list of each item to be considered by the Council. 3.2 The agenda is subject to approval by the Council President, Deputy Mayor, and one Committee Chair. The assignment of the Committee Chair will be for one year. Should the designated Committee Chair decline the assignment, the assignment will fall to the next Chair in order. The Committee Chair tasked with assisting the Council President and Deputy Mayor in approving the agenda will be assigned in in the following order: 7 Finance/Economic Development/Regional Affairs Committee - Land Use/Transportation Committee Parks/Recreation/Human Services & Public Safety Committee 3.3 An item may be placed on a Council meeting agenda by: (a) A majority vote of the Council; (b) Council Consensus; (c) By any two (2) Council Members; (d) By the action of a Council Committee; or (e) By the Mayor 3.4 The proposed agenda will be provided to all City Council Members no less than 48 hours prior to publication. 3.5 The City Clerk will publish the final agenda no later than 5:00 p.m. on the Thursday prior to the Council meeting. The complete Council packet will be published no later than 5:00 p.m, on the Friday prior to the Council meeting. 3.6 A majority of Council may vote to amend a regular meeting agenda after it has been published. Such amendments to the agenda must occur at the start of the public meeting. Any alteration of a special meeting agendas must be publicized at least 24-hours before the scheduled meeting. 3.7 Legally required or publicly advertised Public Hearings will take precedence over other agenda items. 3.8 All agenda packets and agenda items will be in the format provided by the City Clerk's Office. SECTION 4. COUNCIL DISCUSSION 4.1 All Council discussion will be governed by Robert's Rules of Order. Newly Revised. Where there is a conflict between Robert's Rules of Order and these rules, these rules will control. 8 SECTION 5. PUBLIC COMMENT 5.1 Persons addressing the Council, who have not been invited to present as part of the formal agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. A person speaking on behalf of a group of more than five (5) in attendance or written proof that more than five (5) designate as spokesperson may speak for five (5) minutes. No speaker may convey or donate his or her time to another speaker. All remarks will be addressed to the Council as a whole, and not to individuals such as City staff members, Council Members or the Mayor. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be corrected by the chair or removed from the meeting. 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will read the written comment into the record during the Public Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to written comments being read into the record. 5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to maintain order at any meeting. 5.4 Members of the public with complaints, concerns or questions, should be encouraged to refer the matter to the Mayor, or ask that the matter be placed on a future City Council meeting, or Council Committee agenda with the appropriate background information. Any member of the public who voices a concern or complaint at a City Council meeting that involves a potential violation of the City's Code of Ethics will be advised by the Council, the Mayor or City staff, of the existence of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion that requires a second does not receive a second, it dies. Examples of motions that do not need a second include: nominations, withdrawal of motion, agenda order, request for a roll call vote, and points of order. 6.2 A motion related to the passage of an ordinance, grant, or revocation of a franchise or license, or any resolution for the payment of money that receives a tie vote is deemed to have failed. Otherwise, the Mayor may vote to break a tie vote as outlined in RCW 35A.12.100. 6.3 Motions should be made clearly and concisely, outlining the proposed action to be taken. Arguments in support of the motion should not be included in the motion. E 6.4 After a motion and second, the Mayor will state the names of the Council Members 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 voting. Council may question staff to seek their opinions on the likely consequences of a proposed course of action. No further public comments may be heard while there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council reaches consensus without a formal vote on a topic that does not require a formal vote, 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 used to set aside a pending motion to handle business that is more pressing. A motion to table may not interrupt the speaker that has the floor. It requires a second and a majority vote. It is not debatable, but it is proper (and often required for the member to briefly explain the reason for the motion). If the motion to table prevails, the motion and all pending amendments to the motion are set aside to be considered at a future time when it is "taken from the table." A tabled motion may be taken from the table at any time during a regular meeting before it expires at the end of the next regular meeting. If an item is not taken from the table before the adjournment of the next regular session, the motion fails. 6.9 A motion to postpone to a certain time is the preferred method of postponing consideration of an issue to a future time. It is debatable as to the reason for the postponement but not to the merits of the main motion. It is amendable and may be reconsidered at the same meeting. 6.10 A motion to postpone indefinitely ends consideration of the main motion without taking a direct vote on the merits of the main motion. It is debatable as to the reason for the postponement as well as to the merits of the main motion. It is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 6.11 A motion to call for the question closes debate on the main motion and is undebatable. This motion requires a second and requires a two-thirds (2/3) majority to pass. Debate continues normally if the motion fails. 6.12 A motion to amend the motion is to insert or add, strike out, strike out and then insert, or substitute language in the motion it seeks to modify. Motion to amend requires a second and a majority vote. 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. 10 6.13 A pending motion to amend is voted on first, then the main motion as amended is voted on (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote. 6.16 When a question has been decided, any Council Member who voted in the majority may move for reconsideration. A motion for reconsideration of a vote made after the meeting has adjourned is out of order. 6.17 The City Attorney will decide all questions of interpretations of these Rules and other questions of a parliamentary nature that may arise at a Council meeting. (See Section 4 of these Rules.) All cases not provided for in these Rules will be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules will prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non -unanimous votes, or if requested by a Council Member, 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 during televised City Council meetings the outcome of the vote. The official meeting minutes will always reflect roll call votes on each action item. 6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal will be voted on by the Council. An appeal may not be amended, is not debatable when it relates to breaches of decorum, violations of the rules of speaking, the priority of business, or if the appeal is made while a previous question remains pending. An appeal is not in order when another appeal is pending. SECTION 7. ORDINANCES 7.1 All ordinances will be prepared or reviewed by the City Attorney. No ordinance will be prepared for presentation to the Council, unless requested by a majority of the Council, the Mayor, or the City Attorney. 7.2 Ordinances will be introduced and enacted by Council Bill Number. After enactment, the City Clerk will assign a permanent ordinance number. 7.3 The City Clerk or designee will read the title of the ordinance prior to voting. 7.4 Upon enactment of the ordinance, the City Clerk will obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk will obtain the signature of the Mayor. After the Mayor's signature, the City Clerk will sign the ordinance. 11 7.5 If the Mayor vetoes an ordinance with written objections to Council, the Council may vote on the disputed ordinance at the next City Council meeting. If a majority plus one of Council vote to approve the disputed ordinance, it becomes effective in accordance with the effective date in the ordinance. If a majority plus one of the Council does not approve the disputed ordinance, it fails. 7.6 Ordinances, or ordinance summaries, will be published in the official newspaper immediately following enactment. 7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless otherwise specified in the body of the ordinance. SECTION 8. PRESIDING OFFICER 8.1 The Presiding Officer at all meetings of the Council will be the Mayor, and in the absence of the Mayor, the Council President will act in that capacity. If both the Mayor and Council President are absent, the Deputy Mayor will preside. If the Mayor, Council President, and Deputy Mayor are absent the Council Members present will elect one of its members to serve as Presiding Officer until the return of the Mayor, Council President, or Deputy Mayor. 8.2 The Presiding Officer will: (a) Preserve order and decorum in the Council chambers; (b) Observe and enforce these Rules; (c) Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; (d) Recognize Council Members in the order in which they request the floor. (e) The Presiding Officer, when a Council Member acts as Presiding Officer, that Council Member will be governed in all matters and issues by the same rules and restrictions as other Council Members. SECTION 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There will be mutual respect from both City staff and Council Members 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 Council Members will acknowledge City staff as administering the policies of the City. 12 9.3 All written requests for information from Council Members will be submitted by City staff, after approval of the Mayor, to all Council Members with a notation indicating which Council Member requested the information. 9.4 Council Members will 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 will not attempt to directly control the operating rules and practices of any City department. 9.6 Mail that is addressed to the Council as a whole will be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 9.7 The City Clerk will not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member will direct the Mayor 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 that implicate City policy will be directed to a Council Committee for consideration. 9.9 Individual Council Members may make direct requests for information to department directors. Requests that will create a change in work assignments or City staffing levels must be made through the Mayor. 9.10 Whenever practicable, Council Members will provide staff advance notice of any questions or concerns they have regarding an agenda item or topic of debate prior to asking those questions or expressing those concerns in a public meeting. SECTION 10. COUNCIL MEETING STAFFING 10.1 The Mayor will preside over all regular meetings of the Council unless excused. The Mayor may make recommendations to the Council. When the Mayor has an excused absence, the Council President will preside over the meeting. 10.2 The City Attorney will attend all meetings of the Council unless excused, and will, upon request, give an opinion, either written or oral, on legal questions. The City Attorney will act as the Council's parliamentarian. The Deputy or Assistant City Attorney will attend meetings when the City Attorney has been excused. 10.3 The City Clerk, or designee, will attend regular and special 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. 13 SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (a) Death of immediate family member "Immediate Family" is defined as the Council Member's parent, spouse or domestic partner, child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in- law, grandparent, grandchild, aunt, uncle, or the step -relation equivalent to those listed. (b) Illness Illness of a Council Member or of an immediate family member, as defined above, requiring the member to personally attend and care for the immediate family member provided that the illness does not necessitate an absence longer than six (6) months. (c) Three nonconsecutive absences Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Rule 11.3. (d) Absences for Council Business A Council Member who is absent because of other commitments representing Council or because of circumstances beyond the Council Member's control, such as due to traffic, weather, or an accident. 11.2 VACANCY OF OFFICE A Council position shall become vacant if the councilmember fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (RCW 35A.12.060) 11.3 Council Members will inform the Mayor, the Council President, 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 Council Member as having an excused absence. 11.4 ATTENDANCE FROM A REMOTE LOCATION (a) Purpose. The City Council recognizes the benefits of the fullest practicable attendance and participation by its Members and by the Mayor and hereby allows attendance from a remote location of regular, special, and committee meetings of Council through the use of electronic two-way communication methods such as 14 speakerphones or internet communication platforms. Attendance from a remote location is not permitted for executive sessions. (b) Effect. Votes cast by the Council Member attending remotely will have the same effect as votes cast by members physically present at the meeting. The Presiding Officer must be physically present at the meeting. (c) Intent. Attendance from a remote location is intended to be an alternative and relatively infrequently -used method for participation at meetings by Members of the Council. (d) Limit. Only three Council Members may attend any City Council meeting by remote communication. Council Members intending to participate in a meeting from a remote location should let the City Clerk know as soon as possible of their intention. The City Clerk will confirm that one of the three remote connections is still available for that specific meeting. Only two Council Members may attend any Council Committee meeting by remote connection. Council Members intending to participate in a meeting from a remote location should let the staff assigned to support the Committee know as soon as possible of their intention to attend remotely. Staff will confirm that one of the two remote connections is still available for that specific meeting. (e) System Requirement. All communication to and from the remote location must be clearly heard by all others in attendance. (f) Protocol. In any meeting involving remote attendance, at the beginning of meeting the Presiding Officer will inform all present that a particular Member of the Council or Mayor is attending remotely via electronic means and confirm that all participants can hear each other clearly. This confirmation will be recorded in the meeting minutes. If the Council Member or Mayor who is attending from a remote location will not be participating through the entire meeting, the presiding officer will announce through what portion attendance by remote location will occur. If remote communication is irreparably broken or significantly degraded during the meeting; the presiding officer will confirm the loss of the connection and close the remote attendance. The Presiding Officer will at this time state if quorum for the meeting has been affected by the loss of the connection. 15 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. Members of the public may comment on public hearing items. 12.2 LEGISLATIVE PUBLIC HEARINGS The purpose of a legislative public hearing is to obtain public input on legislative decisions on matters of policy such as 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 the rights of specific parties and include, 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 as part of the public comment process. In quasi-judicial hearings, Council Members will comply with all applicable laws including the appearance of fairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. The Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but is meant to avoid an appearance of conflict of interest to the average person. This may involve the Council Member or a Council Member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council Member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, each Council Member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council Member should disclose the facts to the Mayor who will seek the opinion of the City Attorney, which will be communicated to the Council Member and the Mayor. SECTION 13. MEDIA ATTENDENCE AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Council Committees, and Council advisory bodies are open to the media. Media representatives may freely make audio or video recordings of Council Meetings, provided that it does not interfere with the orderly conduct of the meeting. Seating space will be provided for the media at public meetings. 16 SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE 14.1 All public communications should model the same professional behavior expected during Council meetings or community meetings, and reflect favorably on the speaking Council Member, the City Council as a whole, and the City. If a Council Member appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, the Council Member will state the majority position of the Council, if known, on such issue. Personal opinions and comments that differ from the Council majority may be expressed if the Council Member clearly states that the views expressed do not represent those of the City Council or the City of Federal Way. 14.2 Council Members need to have other Council Members' permission before representing to media, another governmental agency, a community organization or to any third party: (1) another Council Member's view or position; or (2) the majority of Council's view or position. 14.3 SOCIAL MEDIA Social media posts such as blogs, Facebook, and Twitter may be used by Council Members to communicate with the public, provided the following guidelines are used: (a) To comply with the Public Records Act (PRA), Council Members will follow those archiving procedures outlined in Rule 17.3 Social Media Records. (b) Social media will not be used to conduct City Council business other than to informally communicate. Public notices, items of legal or fiscal significance that have not been released to the public, and discussion of quasi-judicial matters may not be included in Council Member social media posts. (c) Responses to social media posts will be limited by the provision of the Open Public Meetings Act so as not to constitute an open public meeting if a quorum of the City Council was to participate. (d) In order to demonstrate openness and willingness to listen to the entire community, Council Member posts on social media sites should be made through a public -facing page or by marking individual posts available to the public as a whole. (e) Disclaimers, per Rule 14.4 are used. (f) If a Council Member makes a factual error in a public communication, they should correct the error as soon as possible. Blog posts may be corrected by amending a previous post with a note that a correction was made. 17 Council Members are encouraged to maintain social media sites with settings that can restrict a user's ability to comment in order to avoid inadvertent discussion that may violate the Open Public Meetings Act. 14.4 SOCIAL MEDIA DISCLAIMERS Social media postings will include, or reference a link to, disclaimers that state: (a) The views expressed represent the views of the author and may not reflect the views of the Federal Way City Council or official City policy. (b) Responses to the communication by other Council Members may be limited by the provision of the Open Public Meetings Act under which a policy discussion must be held in an open public meeting if a quorum of the City Council participates. (c) Comments posted in response to a Council Member -initiated communication may be subject to public disclosure under the Washington State Public Records Act. SECTION 15. CONFIDENTIALITY 15.1 Council Members will keep confidential all written materials and verbal information, including but not limited to the topic(s) and/or the substance, provided to them during executive sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Council Members 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 42.23.070(3)). 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 parry should be done by the designated City staff representative handling the issue. Council Members should obtain the permission of the majority of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the Mayor. Any Council Member having any contact or discussion with a third party related to a confidential communication will make full disclosure to the City Council in a timely manner. 15.3 If a Council Member believes a topic or discussion in executive session is improper, the Council Member may refuse to participate and leave the executive session and say nothing outside of the executive session. 18 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 funds, as well to provide guidelines governing what types of expenses are reimbursable to the Council Member. 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 will be paid unless it is accompanied by a 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 will contain the following: (a) 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; and (b) 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 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. ILI All City officials claiming reimbursement for meals consumed while on City business will be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and modified from time to time. Notwithstanding the per diem rate, actual meal costs may be claimed when they are part of a regularly scheduled business event such as a training seminar, professional meeting, or other business meeting. If the costs of meals for persons other than the claimant are included, unless otherwise approved by the Mayor or designee, those persons must be entitled to meal reimbursement in their own right and they will be listed by name and title in claim documentation. 16.6 NON-REIBURSABLE MEAL COSTS Non -reimbursable meal costs include, but are not limited to: (a) Alcohol. (b) 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. 16.8 CITY VEHICLE Out -of -the -area costs of vehicle operation such as gas, oil, tires, and necessary repairs are authorized. 16.9 PERSONAL VEHICLE Expenses will be reimbursed for travel within a 300-mile radius of the City at such rate per mile as will be established from time to time by the Mayor, 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: (1) the established rate per mile; or (2) the lowest available airfare obtainable by the City 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. 20 16.10 RENTAL VEHICLE The cost of vehicle rental is considered an exception to this policy and must be approved by the Council President or designee in writing. Council Members will accept optional additional insurance coverage offered by the rental agency as part of the rental agreement. 16.11 AIR TRAVEL Arrangement for air travel on City -related business will be arranged as outlined below: (a) Whenever feasible, air travel arrangements should be made at least 5 weeks in advance of the departure date. (b) The authorized procurer will arrange for air travel based on the lowest available airfare for a regularly scheduled flight that reasonably accommodates the time of travel requested, and the destination as specified. (c) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. (d) If personal travel is combined with business -related travel, the traveling Council Member will be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City will pay the lowest available airfare for the round trip between the Seattle/Tacoma airport and the business -related destination. Such payment for personal travel will accompany the City's payment to the vendor for the tickets whenever feasible. (e) 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 will be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (f) Officials who obtain airline tickets on their own will be reimbursed based on the lower of: (1) Actual out-of-pocket cost paid for the airline tickets or alternate means of transportation (substantiated by a receipt); or (2) the lowest airfare available for their time of travel, unless an exception is granted in writing by the Council President or designee. 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 City staff, as may be authorized by the Council President, 16.12 FIRST CLASS AIR TRAVEL First class air travel is not authorized. 21 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 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 the City or home. 16.16 ACCOMMODATIONS Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed at 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: (a) 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 (b) Non -allowable Incidental Expenses: Personal entertainment Theft, loss or damage to personal property 22 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 16.18 NON -TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subject to the following: (a) Meals consumed by the City official during meetings and other functions that conduct official City business or serve to benefit the City are reimbursable to the official. (b) 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. (c) Refreshments purchased solely for personal entertainment are not a legitimate City expense. 16.19 CEREMONIES AND CELEBRATIONS (a) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi - employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. (b) 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. (c) 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 23 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. 16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS Council Member claims for the reimbursement of meal costs for non -city employees and non -city officials will be documented and approved by the Mayor or designee. The documentation must identify: (a) The names of the individual or individuals being hosted; (b) Their official title or capacity as it related to City business; (c) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (d) How this activity was an appropriate way to carry out that purpose or policy. 16.21 CLAIMS AND APPROVAL PROCEDURE All claims will 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 complies with the petty cash policy adopted by the City. 16.22 Approvals required by this policy will be obtained by Council Members from the Council President or designee. 16.23 Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. 16.24 Claims of Council Members must be approved by the Mayor or his/her designee for reimbursement. 16.25 Exceptions to the expense rules for unusual circumstances maybe approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. 16.26 In preparation of the City's budget, Council Member travel and training expenses will be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are allocated in the budget must be approved by the Council President or designee. 24 Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are not anticipated and not allocated in the budget must be approved by the Council President in consultation with the Mayor. 16.27 REPORT A report, oral and/or written as appropriate, will be made to the Council at a regularly scheduled Council meeting as soon as practical, following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports will be maintained by the City Clerk. The Mayor will make an annual State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The Mayor will provide an executive summary following each City Council retreat which will be made available to the public. SECTION 17. PUBLIC RECORDS 17.1 Public records created or received by any Council Member will be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.56 RCW. Public records that are duplicates of those received by, or in the possession of the City, are not required to be transferred to the City. 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 All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. All electronic communications, whether concurrent or serial, must be considered in light of the Open Public Meetings Act. No Council Member will communicate electronically to more than two other Council Members in the same correspondence. This does not apply to communications limited to the purpose of calling special and emergency meetings. If the intended purpose of the electronic communication is to have a discussion that should be held in an open meeting, the electronic discussion should not occur. Further, the use of electronic communication to form a collective decision of the Council violates the Open Public Meetings Act. 17.3 SOCIAL MEDIA RECORDS Council members who use social media platforms or forums that are supported by the City's archiving software are required to enroll the account with the social media archiver. Council Members who make posts to unsupported platforms must screenshot their posts and public 25 responses to their posts and e-mail them to the Council Member's City e-mail account as an interim archiving method. Comments posted in response to a Council Member initiated communication maybe subject to public disclosure under the Public Records Act and must be archived. SECTION 18. COUNCIL PRESIDENT AND DEPUTY MAYOR SELECTION PROCESS 18.1 The Council President and Deputy Mayor will be nominated and elected from the ranks of the sitting Council Members. 18.2 The Council President shall exercise the authority of "deputy mayor" or "mayor pro tempore" described in RCW 35A.12.065. The Council President will be elected for a two (2) year term at the first Regular City Council meeting in January by a majority vote consistent with RCW 35A.12.065. The City Council may rescind the vote of the Council President by a simple majority. If a vacancy occurs, the Council will elect a Council President to fill the unexpired term. 18.3 The Deputy Mayor will function as an internal council officer as outlined in these Rules of Procedure or as delegated by the Council President. The Deputy Mayor will be elected for a two (2) year term at the first Regular City Council meeting in January. 18.4 The Mayor or designee will conduct the election for the Council President and the Deputy Mayor. (See Appendix "A" to these Rules.) SECTION 19. CITY ADVISORY BODIES 19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an invaluable service to the City. Their advice on a wide variety of subjects aids Council Members in the decision -making process. Effective public participation is an invaluable tool for local government. 19.2 Council 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. 19.3 Federal Way advisory bodies bring together public viewpoints that 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. Traditionally, these bodies have also served as a training ground or stepping stone for qualified persons who are interested in seeking public office. 26 19.4 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 Revised Code, or at times by state law. 19.5 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 members when they are appointed. 19.6 The size of each advisory group is determined by the City Council according to its duties and responsibilities. Another determination to be made prior to formation is the cost of staffing a proposed advisory body. 19.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. 19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members. 19.9 Council will interview new applicants at a special council meeting. Any Council Member who attended the public interview session will be eligible to vote on the recommendation to be made to the full Council. The full City Council will vote on the appointments to the Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made under Rule 19.12. 19.10 Vacancies on Commissions will be filled as follows: (a) Fi I f ing Vacancies at End of Term To fill a vacancy created by the expiration of a term, City staff will advertise the open position to the public. The person currently serving in the position may reapply for the same position. All applicants, including the incumbent, will be interviewed pursuant to the process outlined in Rule 19.9. (b) Filling Vacancies Mid -Term When an advisory position becomes vacant mid-term, the City Council may appoint an alternate who is already serving on that same board or commission to fill the mid-term vacancy. Alternates who were previously interviewed within 12 months of the vacancy being created do not need to be interviewed again prior to appointment as a voting member. 19.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. 27 19.12 Vacancies will be advertised not more than three times so that any interested member of the public may submit an application. Council Members are encouraged to solicit applications from qualified members of the public. In the event there are an insufficient number of applications to fill the vacancies, the Council President or Deputy Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council Member may contact the City Clerk to request the interview process as set forth in Rule 19.9. If no Council Member requests the interview process, the Council President will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be residents of the City of Federal Way if required by the Federal Way Revised Code or if required by the City Council. Applications will be available from the Office of the City Clerk. 19.13 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. 19.14 Newly appointed members will attend an orientation no later than ninety (90) days after appointment. The orientation will include a presentation by the City Attorney, or designee, to address applicable laws, including the Federal Way Ethics Code, and receive a briefing by the commission, committee or task force chairperson, the Council Committee Chair and/or City staff. The briefing will include the duties and responsibilities of the members of the advisory body. Each newly -appointed member will receive an information packet that will include 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. 19.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. 19.16 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. 19.17 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 accordance with state public meetings laws and City policy. 19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. 19.19 Minutes will be kept by City support staff of all meetings in accordance with the public meeting laws of the State. 28 19.20 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. 19.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory body, prior to the expiration of their term of office, by a majority vote of the City Council. 19.22 A quorum for conducting business is a simple majority of the membership of the advisory body. 19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory bodies will provide a written list of all memberships on boards and employment to the Chair and to Staff. The list will include the members and immediate family (spouse/partner and dependent children). It is the responsibility of the member to update the list when changes occur. The purpose of the list is to avoid any instance of conflict of interest. No member of an advisory body will use their official position for financial gain or personal advantage. 19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the Mayor'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 advisory body. Members of advisory bodies speaking to another body to voice their personal beliefs on a topic should not cite their position as a member of a City of Federal Way advisory body. 19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep current on Council actions. 19.26 The City Council may transmit referrals for information or action through the staff to the applicable Council Committee Chair to the advisory groups. These advisory groups may transmit findings, reports, etc., to the City Council through staff or the applicable Council Committee Chair. 19.27 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 Mayor. 29 19.28 Annually, each advisory body will develop a work program for the City Council's consideration and approval. The City Council may amend the advisory body's work program. SECTION 20. COUNCIL COMMITTEES 20.1 Council committees are the policy review and discussion arms of the Council. Committees 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 will be as determined by the City Council in January of each year. The committees are as follows: - Finance/Economic Development/Regional Affairs Committee - Land Use/Transportation Committee - Lodging Tax Advisory Committee - Parks/Recreation/Human Services & Public Safety Committee 20.2 Committees will establish regular meeting schedules as determined by the Chair of the Committee in consultation with the Committee members and the Mayor 20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council Members. 20.5 The Mayor or Council President may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 20.6 Committee appointments (chairs and members) will be made by the Council President in consultation with the Deputy Mayor. The Council President will consider the interests and requests of individual Council Members in making committee assignments. 20.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 30 20.8 The Council President or Deputy Mayor may serve as an ex officio (voting) member of a committee when a quorum of committee members is not available. If, during a meeting when the Council President or Deputy Mayor is serving as an ex officio member, a quorum of committee members appears at the meeting, the Council President or Deputy Mayor will no longer serve as an ex officio member unless there is a pending matter before the committee that the Council President or Deputy Mayor has participated in discussions for and is prepared to vote on. 20.9 The Council President in consultation with the Deputy Mayor will make committee assignments each January, with members serving two (2) year terms. Council will ratify the Council President's committee assignments at a Regular City Council meeting. The Council President has the discretion to appoint or remove Committee members at any time, subject to ratification by the Council. SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES 21.1 PURPOSE The purpose of this section is to provide guidance to the City Council when a Federal Way Council Member or Mayor position becomes vacant before the expiration of the official's elected term of office. Pursuant to state law, a person appointed to fill a vacancy serves the remainder of the unexpired term. 21.2 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.12.050 - Vacancies - Filling of Vacancies in Mayor -Council Form of Government. 21.3 APPOINTMENT PROCESS (a) A Council position or Mayor position becomes vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written resignation, or death of a Council Member or Mayor. The Council Member or Mayor who is vacating his or her position cannot participate in the appointment process. 31 (b) The Mayor will direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The City Council will direct staff to begin the Mayoral appointment process and establish and interview and appointment schedule, so that the position is filled at the earliest opportunity. (c) The City Clerk's Office will 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 and lists the following with the prerequisites to holding public office: (1) be a registered voter of the City of Federal Way; and (2) have a one (1) year residency in the City of Federal Way. This display advertisement will be published once each week for two (2) consecutive weeks. This display advertisement will contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, duties of the position, deadline for submitting applications, interview and appointment schedules, and other information that the City Council deems appropriate. (d) The City Clerk's Office will prepare an application form that 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 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 advisory groups. (e) Applications received by the deadline will be copied and circulated by the City Clerk's Office to the Mayor and City Council. Application packets may also contain additional information received such as endorsements, letters of reference, and other pertinent materials. (f) The City Clerk's Office will schedule interview times for the applicants during a regular or special meeting of Council. (g) The City Clerk's Office will notify applicants of the location, date and time of City Council interviews. (h) Prior to the date and time of the interview meeting, the Mayor or Council President will accept one interview question from each Council Member. 21.4 INTERVIEW MEETING Each interview of an applicant will be no more than 30 minutes in length as follows: (a) The applicant will present his or her credentials to the City Council. (10 minutes) 32 (b) The City Council will 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 two (2) minutes to answer each question. (14 minutes) (c) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) (d) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. (e) The Council may reduce the 30-minute interview time if the number of applicants exceeds 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. 21.5 VOTING Upon completion of the interviews, Council Members may discuss the qualifications of the applicants in an executive session. However, all interviews, deliberations, nominations and votes taken by the Council will be in open public session. (a) The Mayor will ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. (b) Nominations are closed by a motion, second and majority vote of the Council. (c) Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. (d) The Mayor will poll Council Members to ascertain that Council Members are prepared to vote. (e) The City Clerk will proceed with a roll -call vote. (f) Elections will continue until a nominee receives a majority vote of the remaining Council Members. (g) At any time 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. (h) Upon a majority vote, City Council may go into executive session to further discuss the applicant's qualifications. (i) The Mayor will declare the nominee receiving the majority vote as the new Council Member. The appointed Council Member will be sworn into office by the City Clerk 33 at the earliest opportunity and no later than the next regularly scheduled City Council meeting. (j) If the City Council does not fill a vacancy within 90 days of the declared vacancy, state law delegates appointment powers to King County. SECTION 22. MISCELLANEOUS 22.1 When Council Members register to attend an official conference requiring voting delegates, such as the annual National League of Cities or Association of Washington Cities, the Council will 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) will be done on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. 22.2 Use of city -owned equipment to update personal social media sites or e-mail accounts is subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and Procedures), which allows for incidental use of city equipment for personal needs, provided the activity does not cause the City to incur additional cost or liability or pose additional risk to security, privacy or conflict with another City policy. Use of city -owned equipment or e- mail accounts for campaign purposes is prohibited by RCW 42.17A.555 SECTION 23. SUSPENSION AND AMENDMENT OF RULES 23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily suspended by a majority vote of the Council. 23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. 34 APPENDIX "A" COUNCIL PRESIDENT AND DEPUTY MAYOR ELECTION PROCESS (1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3) 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 Council Members present. (4) If more than one (1) nomination is made, an open election is conducted by roll call vote. (5) To be elected, the nominee needs a majority vote of the Council. (6) Elections will continue until a Council President and Deputy Mayor are elected by a majority vote of the Council. (7) The Mayor will declare the nominee receiving the majority vote. 35