HomeMy WebLinkAboutCOW 2006-05-08 COMPLETE AGENDA PACKET
I ~\LA, ~ Tukwila City Council Agenda I
~~ I
(J/ \~ ... COMMITTEE OF THE WHOLE .:.
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-11 ; G) Councilmembers: . Joe Duffie · Joan Hernandez!
...::i i(1 Steven M. Mullet, Mayor
~\ J~ Rhonda Berry, City Administrator · Pam Carter. Jim Haggerton I
................__7' . Pamela Linder. Vema Griffin I
1908 Dennis Robertson, Council President
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EXECUTIVE SESSION -- 6:30-7:00 PM
I Potential Litigation; pursuant to RCW 42.30.110(1) (i)
Monday, May 8, 2006; 7:00 PM Tukwila City Hall; Council Chambers
11. CALL TO ORDER I PLEDGE OF ALLEGIANCE
2. CmZEN At this time, you are invited to comment on items not included
COMMENT on this agenda. To comment on an item listed on this agend.a, please
save your comments until the issue is presented for discussion.
An ordinance extending the current moratorium on certain land I
3. PUBLIC I
divisions and development activities within the transit oriented
HEARINGS development (TOD) planning area. I
a. Contract for consulting services with Commercial I
Development Solutions.
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4. SPECIAL b. A resolution adopting the 2005 Sewer System Plan.
ISSUES
c. Discussion on Council technology
d. Discussion on possible revision to Code of Ethics. I
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a. Mayor c. Staff e. Intergovernmental
5. REPORTS
b. City Council d. City Attorney
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6. MISCELLANEOUS I
I 7. EXECUTIVE SESSION
8. ADJOURNMENT
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Tukwila City Hall is wheelchair accessible. ,
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Reasonable accommodations are available at public hearings ....vith advance notice
to the Gty Oerk s Office 206-433-1800fTDD 206-248-2933. This notice is available at wnrw.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped. ;
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COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION I
I CAS NUMBER: 06-052 Ref 05-151 1 ORIGINNA L AGENDA DATE: May 8, 2006
AGENDA ITEM TIRE Public hearing on proposed ordinance renewing a temporary moratorium on the
acceptance of applications for certain land divisions and land use decisions
within the area designated for transit oriented development.
CATEGORY Discussion Motion Resolution 10 Ordinance Bid Award 1;tblic Hearing Other
Mfg Date A4g Date Mtg Date Mtg Date —j5-06 31tg Date Meg Date 5.08.06 Mg Date
SPONSOR p Council Mvor
Adm Svcs X DCD Finance Fire Legal Pe R Police Pr
SPONSOR'S Council is required to hold a public hearing on the proposed ordinance prior to
SUMMARY adoption.
REVIEWED BY COW Mtg. ®CA &P Cmte FR.'S Crate Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 4.25.06
BECOMMENDATIONS:
Hold a public hearing and forward to regular meeting of the Council
SPONSOR /ADMLN. on May 15, 2006 for adoption, on the consent agenda.
CoMMurrEE CAP supported the ordinance and forwarded to COW for public
hearing.
I COST'IMPACT FUND SOURCE
1
EXPENDITURE REQUTRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source:
Comments:
1 MTG. DATE I RECORD OF COUNCIL ACTION
Council adopted Ordinance No. 2107, Establishing a temporary moratorium on the
11.28.05 acceptance of applications for certain land divisions and land use decisions within
the area designated for transit oriented development
I MTG. DATE I ATTACHMENTS
5.08.06 Memo to City Councilmembers RE: Public hearing on a proposed ordinance,
establishing a temporary moratorium on land divisions and certain land use
decisions in the Longacres TOD planning area.
Proposed ordinance renewing six-month moratorium.
I Copy of Memo to CAP dated 4.19.06 RE: Renewal of current moratorium
Copy of letter dated April 26, 2006 sent to affected property owners and businesses
in the TOD planning area.
I Minutes of CAP meeting, April 25, 2006.
City of Tukwila
Steven lv!. lvlullet, lvlayor
Department of Community Development
Steve Lancaster, Director
TO:
From:
Date:
City Council , XI ~
Steve Lancaster, DCD Directo~
May 3, 2006 '
Subject:
Public hearing on an ordinance renewing a temporary moratorium on land divisions and
certain land use decisions in the Longacrcs TOD planning area.
Background
In September 2002, Council adopted an ordinance establishing a six-month moratorium on the
acceptance of certain land divisions and land use decisions within the transit-oriented development
'(TOD) planning area surrounding the Sounder Commuter Rail/Amtrak station (see Figure 1). The
moratorium was intended to preserve land available for development or redevelopment and restrict land
uses that do not implement the vision for the area until land use and transportation plans and regulations
supporting the TOD at the station are in place.
Ordinance 2107, renewing the moratorium, was adopted in November 2005 and expires June 5, 2006.
Council must decide whether to renew the ordinance and hold a public hearing, or let the moratorium
lapse. To date, Council has renewed the moratorium seven times, modifying it to provide more
flexibility in use of the parcels while the TuJmila Urban Center (TOC) plan was being developed.
When Ordinance 2107 was adopted, it was anticipated that the TOC Plan would be adopted by the end
of2005, precluding any further need to renew the moratorium. However, other projects, such as the
design of the permanent commuter rail station, the Tukwila South Master Plan, and the Westfield
Southcenter Mall expansion, have taken priority over the review and adoption of the TUC Plan. At this
time, TOC Plan adoption is now anticipated in the third quarter of2006. There is still a need for
keeping the moratorium in place until the plan for the area is adopted.
On April 25, 2006, CAP authorized staff to forward the proposed ordinance to Council for a public
hearing at their COW meeting on May 8, 2006. Notice for the public hearing on the moratorium was
provided. In addition, individual letters were sent to affected property owners and businesses notifying
them of the scheduled hearing. The proposed Ordinance is the same as that currently adopted. Attached
is a copy of the proposed ordinance.
Discussion
The current ordinance:
. Prohibits the filing of all permits and approvals related to land di,isions and such uses or
activities as manufacturing, industrial & auto-oriented businesses.
. Exempts the filing of and approvals related to the expansion of existing businesses on existing
lots, sign permits and building permits for tenant improvements, and the extension of a current
land use permit.
LM Page 1 of 2 05/02/2006
P:\L Yl\l1\~f\Lonoacres TOD\moratorll1m\June 2006\rO\V :') OR Of) cine
6300 South center BouleVard, Suite #100 . Tukl'lila, Washington 98188 . Phone: 206.431.3670 . Fax: 206.431-3665
. More uses are permitted in the TOD area than affected by the moratorium. The moratorium
does not affect the filing of approvals related to all other uses currently allowed under TUC
zoning, which support and implement the vision for the area, including those that are easily
redeveIopable such as auto sales lots, contractor or storage yards, or commercial parking.
The current ordinance also allows the City to preserve the land necessary for relocating the 100 foot-
wide Union Pacific Railroad right-of-way to the area immediately adjacent to the western border of the
Burlington Northern Santa Fe Railroad right-of-way
Staff has not received any requests to modify the ordinance since the last renewal in November 2006.
Proposed Next Steps
1. Council holds a public hearing on the moratorium at their COW meeting on May 8, 2006.
2. At the next regular meeting on May 15, 2005, Council has the following options:
a) Adopt the proposed ordinance. Council renews the Ordinance and its provisions remain the
same as the current Ordinance No. 2107 The moratorium remains in effect for six months, at
the end of which Council must hold another public hearing and renew, modify, or allow it to
lapse.
b) Modify the proposed ordinance. It remains in effect for six months, at the end of which Council
must hold another public hearing and either renew, modify, or repeal the moratorium.
c) Take no action. When Ordinance No. 2107 expires on June 5, 2006, land divisions, development
activities and land uses will occur in the area as allowed under the City's zoning. Planning and
implementation of the TUC vision and other transportation improvements may be more
difficult.
Conclusions
. To date, Staff has not been made aware of any negative effects from the moratorium on plans to
develop or redevelop properties in the TOD, most likely due to the limited scope of the moratorium.
Should a specific project be proposed that falls outside the uses pennitted under the moratorium,
Staff will consider the appropriateness of the project and bring it forward to the Council for
deliberation.
. Planning Commission and City Council worksessions and public hearings on the draft Tubvila
Urban Center Plan will begin second quarter of2006. Plan adoption is anticipated in the third
quarter of 2006. However, there is still a need for keeping the moratorium in place until that time.
Reconunendations
Place the adoption of the proposed ordinance on the consent agenda at the Council's next regular
meeting on May 15, 2006. Set the effective date of the ordinance on June 5, 2006, when the current
ordinance expires.
L\1 Page 2 of 2
P'\LYNNM\Longacres TOD\moratorium\June 2006\COW_5.08.06.doc
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A SIX-MONTH MORATORIUM ON
ACCEPTAt'l/CE OF APPLICATIONS FOR CERTAIN LAt'-'D DIVISIONS,
Mo.'D DEVELOPMENT ACTIVITIES At'I/D LAt'l.'D USES yVITHIN THE
AREA DESIGNATED FOR TRANSIT-ORIE.NTED DEVELOPMENT
AROUND THE TEMPORARY COMMUfER RAlI/At\HRAK STATION AT
LONGACRES; PROVIDING FOR SEVERABILITY; At'-'D DECLARL'l/G AN
EMERGENCY.
-wHEREAS, the City recognized the unique opportunity to promote a more
compact~ mixed use, pedestrian supportive pattern of development that makes effective
use of its proximity and accessibility to the Sounder commuter-rail and Amtrak station
in Tukwila" and includes a mix of retail, service, office and residential uses; and
WHEREAS, a more intensive pattern of transit-oriented development (IOD) would
assist the City with the redevelopment of the Tukwila Urban Center, one of thirteen
designated urban centers .within King County, and provide workers v,,rith corrunerciat
public and recreational services close to where they live or work; and
WHEREAS, a more intensive pattern of TOD would benefit the region by assisting
in achieving Growth ~.fanagement Act requirements and increasing local and regional
transit ridership; and
WHEREAS, in August 2001, the City held a workshop, inviting other key
stalceholders to explore the possibilities for a TOD in the Longacres area; and'
-wHEREAS, the .workshop resulted in strong support for the project and a uvision"
for ]and use and transportation in the Longacres TOD area; and
WHEREAS, to implement this vision, the City applied for and was awarded a Sl.5
million grant by the Federal Highways Administration to prepare a master plan for the
Longacres area, identifying land use, urban design and transportation/circulation
objectivesl as well as to -prepare implementing ordinances and design guidelinesl
complete envirorunental review of the plan and designate it as a planned action, and
integrate the design of the permanent commuter rail/ Amtrak station; and
WHEREAS, while the City anticipates the TOD master plan project to be completed
by the end of 2006, some issues need to be addressed immediately in order for the TOD
project to be successful; and
WHEREAS, the Tnkll1iln Urban Center (rUC) zoning district allows for a variety of
high-intensity regional uses in the TOD planning area, including light industry and
warehousing. some of which may not be of appropriate type, density or character to
support the intent of a TOD; and
C-'..Dott:rr:ents: ~-:! S;;--;:ij;;?\.!ill U=s"D::s;."'tDp Kdt~'~iSDA T A'(kG:r~-c;:e::,--\TOD ~b'~:T..::::J. s....~ b;
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WHEREAS, the Longacres site is considered one of the region's key opportunities
for TOD, primarily due to the large amount of \'acant and re-developable land
surrounding the station; and
"VHEREAS~ any significant amount of ne\v development occurring prior to the
establishment of a desired pattern of uses in the TaD master plan could jeopardize the
City's ability to implement the TaD plan; and
vVHEREAS, the City's lv1unicipal Code allO\VS for the dh"ision of land and
adjustment of boundary lines that, if allm..red to occur in the TOD planning area, "Nould
make future land assemblage for a TaD project difficult and costly, and threaten the
successful implementation of the TOD master plan; and
\VHEREAS, within the TaD planning area, the City desires to take immediate steps
to preserve the land available for development or redevelopment and restrict land uses
that do not implement the viSion for the area until the TOD at Longacres master plan
and environmental re'\'ie'i'{ are completed! certain implementing zoning regulations are
adopted by the City, and other related regional transportation infrastructure issues are
decided; and
YVHEREAS1 the City also desires to ensure public input on these issues; and
V,'HEREAS, the moratorium will expire on June 5, 2006 and the TaD planning
process is not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on May 8,2006;
and
YVHEREAS" the City desires to provide for an exemption to the moratorium for
residential mixed-use TOO projects within one-quarter mile of the Sounder Conunuter
Rail/ Amtrak Station property, as amended by Ordinance 2085; and
WHEREAS, within the designated TOO planning area, the City desires to preserve
the land necessary for relocating the 1oo-foot-,,~de Union Pacific Railroad right-of-way
to the area immediately adjacent to the west side of the Burlington Northern Santa Fe
Railroad 100-foot right-of-way by prohibiting further development ,,~thin this corridor,
since this relocation is integral to the successful development of a TOD; and
WHEREAS, the City desires to preserve the status quo for the protection of the
health, safety and welfare of City residents, as it relates to development in Tukwila,
until these matters are more fully considered and, therefore, has determined that an
emergency exists;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUK\NILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact and Emergency Declared. The "Whereas" clauses,
above, are hereby adopted by reference as the City Council's findings of fact as if fully
set forth herein. Furthermore, the City Council hereby declares an emergency necessary
for the protection of the public health and safety
Section 2. Moratorium Area Identified. For the purposes of this ordinance, "the
TOD planning area" is identified in Figure 1. This area is bounded by 1-405 on the north,
Tukwila City limits on the east, the southern boundary of parcel number 2523049006 on
the south, and West Valley Highway on the west.
C ~~,-!:.enG 2..:.-d s...'"tti;;p'!..\lJ U~'D~ktO;J'}\di)>"\{SDATA'.(b!;~4;~TOD ~!0;-":[:T.=!J 5-t..;; c.:-:
L'-I.hn 5!312&)5
Page 2 of 4
Section 3. rvIoratorium on Activities. A moratorium originally established by
Ordinance No. 19961 on September 161 20021 and most recently rene\'.~ed bv Ordinance
No. 210-]1 on November 281 20051 is hereby renewed, regarding the filing o(permits and
approvals within the TOD planning area relating to:
A. Land divisions: This includes all pennits and approvals related to
subdivisions, short subdivisions, boundary line adjustments, and lot consolidations.
B. Development Activities and Land Uses. This includes all applications and
approvals for any and all:
1. Rezones_
2. Conditional use pennits.
3. Unclassified use pennits.
4. Variances.
5. Binding site plans.
6. Required environmental re\'ie",.~
7 Building pennits.
8. Land altering pennits;
Relating to the following activities and uses:
a. Amusement parks.
b. Automobile, recreational vehicles or travel trailer sales rooms. No
dismantling of cars or travel trailers or sale of used parts allowed.
c. Automotive services.
d. Cemeteries and crematories_
e. Commercial laundries.
f. Drive-in theaters.
g. Drive-through restaurants.
h. Electrical substations - distribution.
i. Heavy equipment repair and salvage.
J. Internet datal telecommunication centers.
k. Ivtanufacturing, processing and/or packaging of foods, induding but
not limited to, baked goods, beverages (except fermenting and distilling), candy,
canned or preserved foods, dairy products and byproducts, frozen foods, instant foods
and meats (no slaughtering).
I. Jvtanufacturing, processing and/or packaging pharmaceuticals and
related products, such as cosmetics and drugs.
m. Manufacturing, processing, and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile- and wood.
n. Manufacturing, processing, assembling, packaging and/ or repairing
elecrronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
o. Manufacturing, processing and/or assembling previously prepared
metals including, but not limited to, stamping, dyeing, shearing or punching of metal,
engraving, galvanizing and hand-forging.
c:Ik.....-=~ls E::tI s...~gs\.\il (;~~~;IX~;i)'~1SDATA:orG;y'.1..-:ces\TOD ~,kr4"f1..:;"j} 5-1;-5c;:.;
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Page 3 of4
p. Motels.
q- Recreation facilities (commercial - indoor), including bmding alleys,
skatingr~,shootingrang6.
r. vVarehouse storage and/or wholesale distribution facilities.
Sign permits, building permits for tenant improvements, the extension of current
land use permits, and expansion of existing businesses on existing lots are exempt irom
this ordinance.
Section 4. I\rIoratorium on Development Adjacent to the Burlington Northern
Santa Fe (BNSF) Railroad right-aI-way. In addition to the provisions of Section 3
above, any permitted or conditional uses allowed within the TUC district under TMC
Chapter 18.28 are prohibited on properties located nithin 100 feet of the BNSF Railroad
right-of-way between 1-403 and Longacres Way, unless the property is to be developed
under an approved developer~ agreement with the City
Section 5. Effective Period of J\tloratorium. The moratorium rene\",Ted by this
ordinance shall become effective as set forth in Section 9 below, and shall continue in
effect for six months thereafter unless repealed, rene'lNed or modified by the City
Council after a subsequent public hearing and entry of findings of fact.
Section 6. Work Program. The 1\fayor is authorized to allocate the necessary
resources to prepare a 'work program to address the land use and transportation
plarming issues identified in this ordinance and the City shall implement such a work
prograIIL
Section 7 Exemption. Residential mixed-use transit-oriented development
projects within one-quarter mile of the Sounder Commuter RaiI/ Amtrak Station
property are specifically exempted from this moratorium except for property located
within 100 feet of the Burlington Northern Railroad right-of-way as set forth in
Section 4 above.
Section 8. Severability If any section... subsection... paragraph... sentence... clause or
phrase of this ordinance or its application to any person or circumstance, be declared
unconstitutional or othenvise invalid for any reason... or should any portion of this
ordinance be pre-empted by state or federal law or regulation... such decision or
preemption shall not affect the ,'alidity or constitutionality of the remaining portions of
this ordinance or its application to any other persons or circumstances.
Section 9. Effective Date. This ordinance, or a summary thereof. shall be published
in the official newspaper of the City As set forth in Section 11 this public emergency
ordinance - necessary for the protection of the public health, public safety, public
property or the public peace - shall be effective immediately upon its adoption,
pursuant to RON 35A.12.130.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .2006.
ATIESTj AUTHEi'UICATED,
Steven lv1. lvlullet... ~lavor
Jane E. Cantu, CMC, City Oerk
APPROVED AS TO FOfu'vj BY
Filed with the City Clerk
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
C~Th>..-=-<7:t>. ~j ~aI::~AIJ C=f~'D~sku:iKcli~'~{SD!"TA'O:d::n..-,~~ 10D ~,!~:-2J:ri= 5..J~<5 C'co;
L',u,';3;:l Y312ifYj
Page40f4
City of Tukwila
Ste>/en 1V1. Mullet, Mayor
Department of Community Development
Steve wncaster, Director
TO:
From:
Date:
Community Affairs and Parks Committee Members
Steve Lancaster, DCD Director /-\:.~ ~
April 19, 2006 ~0
Subj ect:
Renewing the current moratorium on certain land divisions and development
activities withio the Transit Oriented Development (TOD) planning area
Issue
Ordinance 2107, establishiog a six-month moratorium on the acceptance of certain land divisions
and land use decisions within the transit-oriented development (TOD) planning area surrounding the
Sounder Commuter Rail/Amtrak station, will expire on June 5 2006. Council must decide whether
to renew the ordinance and hold a public hearing, or let the moratOlium lapse.
Back!!round
In September 2002, Council adopted an ordinance establishing a six-month moratorium on the
acceptance of certaio land divisions and land use decisions within the TOD planning area
surrounding the Sounder Commuter Rail/Amtrak station (see Figure I). The moratorium was
intended to preserve land available for development or redevelopment and restrict land uses that do
not implement the vision for the area until land use and transportation plans and regulations
supporting the TOD at the station are in place.
In November 2005, Ordinance 2107 was adopted, renewing the moratorium. This Ordinance expires
June 5, 2006. Council must decide whether to renew the ordinance and hold a public hearing, or let
the moratorium lapse. To date, Council has renewed the moratorium seven times, modifYing it to
provide more flexibility in use of the parcels while the ruc plan was being developed.
At this time, ruc Plan adoption is now anticipated in the fourth quarter of2006. There is still a
need for keeping the moratorium in place until the plan for the area is adopted. The proposed
Ordinance is the same as that currenUy adopted.
Discussion
The Current Ordinance:
· Prohibits the filing of all permits and approvals related to land divisions and such uses or
activities as manufacturing, industrial & auto-oriented businesses.
. Exempts the filiog of and approuls related to the expansion of existing businesses on
existing lots, sign permits and building permits for tenant improwments, and the extension
of a current land use permit.
. ",'lore uses are perlllilled in the TOD area than affected by the moratorium. The moratorium
does not aftect the filing of apprm.als related to all other uses currently allowed under TlJC
zoning, which support and implement the \'ision for the area, including those that are easil}
redevelopable such as auto sales lots, contractor or storage yards, or commercIal parking.
6300 Southcenter Boulevard, Suite #IOa . TukYlila, Washington 98188 . Phone: 206,431,3670 . Fax: 206-431-3665
L \1 P~E!": ! '-)! ~
p. L'; ~\;';\III~ngacrc5. TOO mlnltlEmp J~r:.e 2Hf'{,l \p.l:-: !-;(, ~~l'_
II~ ~ ~I~-;:::
The proposed Ordinance is the same as that currently adopted, including a modification that allows
the City to preserve the land necessary for relocating the 100 foot-wide Union Pacific Railroad right-
of-way to the area immediately adjacent to the westem border of the Burlington l\orthem Santa Fe
Railroad right-of-way This modification provides additional reshictions to those already imposed by
the moratorium, prohibiting any development activities on properties within this corridor, unless the
property is to be developed under an approved developer agreement with the City
Staff has not received any requests to modify the ordinance since the last renewal in November 2005
Proposed Next Steps
1. Council holds a public heariog on the moratorium at their COW meeting on May 15, 2006.
2. At the next regular meeting on May 22, 2006, Council has the following options:
a. Renew the moratorium by. adopting the proposed ordinance. The moratorium remains in
effect for six months, at the end of which Council must hold another public hearing and
renew, modify, or repeal the moratorium.
b. Modify the proposed ordinance. It remains in effect for six months, at the end of which
Council must hold another public hearing and either renew, modi!)', or repeal the
moratorium.
c. Take no action. When Ordinance No. 2107 expires on June 5, 2006, land divisions,
development activities and land uses will occur in the area as allowed under the City s
zoning. Planning and implementation ofthe ruc vision and other transportation
improvements may be more difficult.
Conclusions
. To date, Staff has not been made aware of any negative effects trom the moratorium on plans to
develop or redevelop properties in the TOD, most likely due to the limited scope ofthe
moratorium. Should a specific project be proposed that falls outside the uses pennitted under the
moratorium, Staff\\ill consider the appropriateness ofthe project and bring it forward to the
Council for deliberation.
. Planning Commission and City Council worksessions and public hearings on the draft Tukwila
Urban Center Plan will begin this summer. Plan adoption is anticipated in the fourth quarter of
2006. However, there is still a need for keeping the moratorium in place until that time.
Recommendations
The CAP Committee recommends adopting the proposed ordinance, and forwards it on to the COW
for a public hearing at their May 15,2006 meeting.
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City of Tukwila
Steven iI/I. Mullet, Mayor
Department of Community Development
StiNe Lancaster, Director
NOTICE OF PUBLIC HEARING
April 26, 2005
Dear Sir or Madam:
The Tukwila City Council is consideriog renewing Ordinance No.2 I 07 establishing a temporary
moratorium on certain land divisions, and development activities and land uses within the area
designated for Transit-Oriented Development (TaD) around the temporary commuter
rail/Amtrak station at Longacres (see Figure I).
According to City records, your property or business may be affected by this moratorium.
Consequently, we wanted to notify you of the public hearing on this ordinance scheduled for
Monday, May 8, 2006 at 7:00 p.m. in Council Chambers, located in Tukwila City Hall, 6200
Southcenter Blvd.
The moratorium is intended to preserve land available for development or redevelopment and
restrict land uses that do not implement the vision for the area until land use and transportation
plans and regulations supporting the TaD are in place.
Within the TOD area, the current ordinance:
· Prohibits the :filing of aU permits and approvals related to:
. land divisions
. such uses or activities as manufacturing, industrial & auto-oriented businesses.
. Allows the filing of and approvals related to:
The expansion of existing businesses on existing lots.
Sign permits and building permits for tenant improvements.
. Allows the filing of approvals related to:
All other uses currently allowed under TUC (Tukwila Urban Center) zoning which
support and implement the vision for the area, including those that are easily
redevelop able such as auto sales lots, contractor or storage yards, or commercial
parking.
The current Ordinance, No. 2107, expires June 5, 2006. Council must hold a public hearing and
decide whether to renew the ordinance or let the moratorium lapse. Planning for the TaD area is
6300 Southcenter Boulevara, Suite #100 . Tukwila, Washington 98188 . Phone: 206-431-3670 . Fax: 206-431-3665
-2-
_-\pril26, 2006
underway, and there is still a need for keeping the moratorium in place until a master plan for the
area is in place.
For additional information, or to obtain a copy of the proposed ordinance, please contact Ly11Il
Miranda, Senior Planner, or Jack Pace, Deputy Director, at 206.431.3670.
Sincerely,
~(t~
Jack Pace
Deputy Director, Department of Co=unity Development
Community Affairs and Parks Committee
April 25, 2006
Present:
Joan Hernandez, Chair; Joe Duffie, Pamela Linder,
Rhonda Berry, Steve Lancaster, Brandon Miles, Bruce Fletcher, Scott
Erdhal, Athletic Director, Tukwila School District; Chuck Parrish
'*
1. Foster Golf Links Irrigation System. Bruce Fletcher explained that the Foster Golf
Links irrigation system filters for the pump system that runs all of the irrigation system
for the golf course is in critical need of being replaced. The 2006 CIP budget for this
project is 535,000. Six qualified contractors from the Small Works Roster were asked to
bid on the project. Only on~ contractor submitted a bid on the project. The base bid of
$34,610 is below budget; however, when WSST is added in the amount ofS3,045 it will
bring the total project to $37,655.68. The balance of the project costs ($2,655.68) plus a
5% contingency fund ($1,882.78) will be taken from the golf maintenance operating
budget. Due to the potential damage that could occur if the pump system breaks down
before the filters can be replaced, Bruce asked if the bid award could be forwarded to the
Regular Meeting on Monday, May 1,2006. The Committee recommended awarding the
contract to Golf Pumping Services, LLC and that the BID AWARD be placed on the
consent agenda on the May I, 2006 Regular Meeting.
2. Commercial Development Solutions Contract Extension. Steve Lancaster explained
that Lisa Verner's current contract for Project Management Services to the Tukwila
Valley South Project expires at the end of April. Since he anticipates the city needing
Lisa's services for several more months, he is proposing a contract amendment to extend
the current contract through December 31, 2006. The proposed additional compensation
for this extension would be "not to exceed" 560,000.00 bringing the total contract to
$254,000. Councilmember Hernandez inquired as to whether the scope of services to be
performed in Contract Amendment #3 would still apply Mr. Lancaster informed the
committee that Lisa's priority will be to work on the Tukwila Valley South Project and
work on long-range planning and emergency preparedness would only take place if there
wasn't sufficient work required on the Tukwila Valley South Project. The Committee
recommended approval to extend the Commercial Development Solutions Contract and
forwarding it to the May 8, 2006 COW
3. TOD Moratorium Renewal. Steve Lancaster explained that the current moratorium on
certain land divisions and development activities in the TOD planning area surrounding
the Sounder Commuter Rail Station will expire on June 5, 2006. To date, Council has
renewed the moratorium seven times, modifying it to provide more flexibility in what
temporary uses are allowed while the TUC plan is being developed. He anticipates a
TOD plan being presented to the council for adoption by the end of the year. In the
meantime, there is still a need to keep the moratorium in place. The proposed Ordinance
is the same as currently in effect, including a provision added at its last renewal that
prohibits any pennitted or conditional uses on properties located within 100' of the BBSF
Railroad right-of-way between 1-405 and Longacres Way, unless the property is to be
developed under an approved developer agreement with the City After some discussion,
the committee recommended approval of the proposed Ordinance extending the
moratorium and forwarding it to the May 8th COW for a Public Hearing.
COUNCIL AGENDA SYNOPSIS
Ot
I nitial= IIJMNO.
I �1 l4i 1 eetin2 Date 1 Prepared 14:_, 1 Major's rethir 1 4^Cj,:mril mien
uN. ,.t 50: 05/08/06 1 sil S I a-G I `t11+Q
I 0,,
rsoa 1 1 I 1
1 1
ITEM INFORMATION
CAS NUMBER_ 06-053 Ref 06-013 IORIGLN.IL AGENDA DATE: 05 /08/06
AGENDA ITEM TITLE Contract for consulting services with Commercial Development Solutions
CATEGORY Discussion motion Resolution Ordinance Bid Award Public Hewing Otb;
31g Date 05 /08/06 :110) e 3L2 Dote \i% Dst V.6 Done \ft' Da: ilia Date
SPONSOR Gundl Ma Adm Sirs DCD Finance Fire Legal P R Police Par
SPONSOR'S Commercial Development Solutions has been providing project management services
SL BLkRY relating to the Tukwila Wiley South project since July, 2004. Our contract with CDS
expired on April 30, 2006. A new contract to continue these services through the end of
2006 is proposed.
REVIEWED BY COW Mtg CA&P Crate F&S Crate Transportanon Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 04/25/06
RECOMMENDATIONS:
SPONSOR /Ana N. Approval
COMMETTEE Approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$87,000 $27,000 $60,000 If
Fund Source: DCD PROFESSIONAL SEVICES ($27.000), ENDING FUND BALANCE ($60,000)
Comments: $27,000 remain of the $40,000 originally budgeted for these services in 2006
MTG. DATE RECORD OF COUNCIL ACTION
05/08/06
I i
I
MTG. DATE ATTACHMENTS
05/08/06 Memo from Steve Lancaster dated May 4, 2006, with attachments.
Minutes, April 25, 2006 CAP meeting
CITY OF TUKWILA
DEPARTI\IEI''fT OF COI\1l\ru1'.'ITY DEVELOPNIENT
TO' City Council Committee of the Whole
~
FROM. Steve Lancaster~
DATE. May 4, 2006
SUBJECT Contract for services with Commercial Development Solutions
ISSUE
Our contract with Commercial Development Solutions for project management services related
to the Tukwila South Project expired on April 30, 2006. Should a new contract to continue these
services be approved?
BACKGROUND
Commercial Development Solutions (Lisa Verner) has been providing project management
services for the Tukwila South development proposal since July of2004 The original term of
the contract was one year, with an amount "not to exceed" $94,000. This contract was amended
in July, 2005 to extend through November, 2005 with an additional allocation of S40,000, and
again in November 2005 to extend through April 2006 with an additional allocation of $60,000.
The contract was amended a third time in early 2006 to expand the scope of services, but no time
extension or additional budget was included in that amendment.
We anticipate needing Lisa's services for several more months, and are proposing a new contract
to provide for this. The proposed contract would extend the current scope of work through
December 31, 2006 at the same hourly rate as the original contract. These services were
budgeted at $40,000 for 2006, of which $27,000 remained when the contract expired. The
proposed new contract would be for an amount "not to exceed" $87,000, requiring an additional
appropriation of$60,000.
ALTERNATIVES
I Approve a new contract with Commercial Development Services through December
2006 in an amount not to exceed 587,000.
Q'\P AA \TVS Segale\CDS _ Extension4COW.doc-sjl-Created on 05/0212006 4 14:00 PM
Page I of2
2. Approve a contract for a shorter or longer period oftime, and adjust the amount
accordingly
3 Do not enter into a new contract.
This issue was considered by the Community Affairs and Parks Committee at its April 25, 2006
meeting. At that time it was presented as a contract extension, since the previous contract had
not expired. The Committee recommended approval of the proposed contract amendment
extending the contract with Commercial Development Services through December 2006 in an
additional amount not to exceed S60,000. The current proposal for a new contract will have the
same effect and cost as the extension recommended by CAP
RECOMMENDATION
Forward to next regular meeting of the City Council for approval, in which case staff will
prepare a new contract for consideration at that meeting.
Attachments: Contract for Annexation and Development Services, July 13,2004
Amendment #1, July 22, 2005
Amendment #2, November 28, 2005
Amendment #3, February 7, 2006
Q'\P AA\TVS Segale\CDS _Extension4COW.doc-sjl-Created on 05/0212006 4 14:00 PM
Page 2 of2
Contract No.
~-D/P5
CONTRACT FOR Ai'<NEXATION AND DEVELOPME"T SERVICES
Tnis Agreement is entered into by and bet\\'een the City of T uk:wila, \Vashinatan, .a noncharter
optional municipal code city hereinafter referred to as "the Ci(y", and Comme;cia1 Development
Solutions, hereinafter referred to as "the Contractor." whose: mailing address is PO Box 70372
Seallle, Washington 98127 '
'VHEREASJ the City has determined the need to have certain services performed for itS
citizens but does not have the personnel or expertise to perfonn such services; and
WHEREAS, the City desires to have the Contractor perfonn such services pursuant to
certain tenns and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained the
parties hereto agree as follows: '
1. Scone and Schedule of Services to he Performed bv Contractor The Contractor
shall perf ann those services descrihed on E.xhibit A attached hereto and incorporated herein by this
reference as if fully set forth. Ip performing such services, the Contractor shall at all times comply
with all Federal, State, and 10caI statutes, rules and ordinances applicable to the perfonnance of such
services and the handling of any funds used in connection therewith. The Contractor shall request
and obtain prior "'TItten approval ITom the City if the scope or schedule is to be modified in any way
2. Comnensation and Method of Pavment. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit B attached hereto and
incoIJ'orated herein by this reference. The total amount to be paid shall not exceed 594,000.00.
Invoices listing work perfonned and hours worked shal~ be submitted by Contractor to the City at the
end of each calendar month. The City shall pay invoi& within 35 days of receipt
3. Contractor Budeet. The Contractor shall apply the funds received under this
Agreement within the maximum ]imits set forth in this Agreement. The Contractor shall request
prior approval ITom the City whenever the Contractor desires to amend its budget in any way
4.- Duration of Aereement. This Agreement shall be in full force and effect for a
period commencing July 13, 2004, and ending July 12, 2005 unless sooner terminated under the
provisions hereinafter .specified.
5. Indenendent Contractor. Contractor and City agree that Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement Nothing in
this Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall indemnify, defend and hold hannless the
City, its officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property occasioned by
any act omission or failure of the Contractor, its officers, agents and employees, in performing the
work required by this Agreement. With respect to the performance of this Agreement and as to
claims against the City, its officers, agents and employees, the Contractor expressly waives its
immunity tmder Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for
injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless
provided for in thts paragraph extends to any claim brought by or on behalf of any employee of the
Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any
damage resulting ITom the sole negligence of the City, its agents and employees. To the extent any of
the damages referenced by this paragraph were caused by or resulted ITom the concurrent negligence
of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
1. Record Keenine and Renortine.
A. The Contractor shall maintain accounts and records, including personnel,
property, financial and programmatic records which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed in the perfoneance of this Agreement
and other such records as may he deemed necessary by the City to ensure the performance of this
Agreement. 0% ~ tA LS
B. Tnese records shaH be maintained for a period of seven (7) ye2.fS after
tennination hereof unless permission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and by the City
8. Audits and Inspections. The records and documents with respect to ail matters
covered by this Agreement shall be subject at aU times to inspection, review or audit by Ia.w durin a
the performance of this Agreement :;;
9. Termination. This Agreement may ::.t any time be terminated by the City or
Contractor giving to the other party thirty (30) days "Titten notice of the City's or Contractor's
intention to terminate the same. In the event of such tennination, Contractor shall be entitled to
compensation for services rendered through the date of termination.
10. Discdmination Prohibited. The Contractor shan not discriminate again.st any
employee, applicant for employment, or any person seeking the services of the Contractor to be
provided under this Agreement on the basis of race, color, religion, cree~ sex, age, national oriuin
marital status or presence of any sensory) mental or physical handicap. 0 ,
11. Asshmm.nt and Subcontract. The Contraclor shall not assign or StJbcontI1!cl any
portion of the services contemp1ated by this Agreement v.ithout the written consent of the City
12. Entire A~ee1h~nt. This Agreement contains the entire Agreement between the
parties hereto and no other Agreements, oral or otheI\\ise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the parties heteto. Either party may request
changes in the agreement. Proposed changes wlUch are mutually agreed upon shall be incorpoC2ted
by written amendments to this Agreement.
13. Notices. Noti""" to the City ofTu.\owila shall be sent to the foJlowing address:
City Clerk
City ofTukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be senl to the address provided by the Contractor upon the
signature line below.
14. Annticable Law; Venu.; Attornev's Fees. This Agreement shall be governed by
and cons!rued in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington. The
prevailing party in any such action sball be entitled to reasonable attorney's rees and costs of suit
DATED this
l,t[.
clay of ~r . 20m/-
CONTRACTOR: &/~ ~~
g BY 1i:-j;f1Jw~
Tle:f1. ~
PrintedNGII1e: 1A{~5 v'e.rf!L/
CITY OF WK\VILA
~~v.w-..~
Mayor, Steven M. Mullet
ATIEST/AUTHENTICATED:
~-L&' ~/
J e E. Cantu, CMC, City Clerk
ADDRESS: C/)~
PI) "P;t1';C 16377--
~~ ,o).A ti'l"{2-7
.
APPROVED AS TO FOR..'J::
Office of the City Attorney
BY ~?)~
EXHIBIT A
SCOPE OF SERVICES
The following work will be performed under the direction and oversight of the City ofTukwila
Director of Community Development (DCD):
1. Provide support to Project Team, consisting of senior City staff appointed by Mayor.
.
Schedule regular and sJ?~cial meetings .ofthe Proj~ct Team. Determine need and
arrange for attendance by persons outside the Project Team.
Develop and distribute meeting agendas in consultation with Director of
Community Development (DCD) and the project proponent.
Prepare, distribute and present issue papers and recommendations.
Prepare and distribute meeting notes.
Implement direction provided by Project Team, in consultation with DCD
.
.
.
.
2. Serve as City liaison to affected property o\'mers and other government agencies on all matters
involving annexation and development of the Tukwila SmIth area.
. Act as first point-of-contact between property owners and City staff.
· Coordinate communication Between City staff and property owners, consultants,
government agencies and other interested parties.
. Attend meetings involving property owners, consultants, agency representatives
and others concerning master plan, environmental review, infrastructure planning
and financing, annexation, and other matters involving annexation and development
of the Tukwila South area.
· Keep city officials informed and seek direction concerning interactions with
affected property owners, consultants, agencies and other interested parties.
· Identify issues needing resolution, provide necessary information and
recommendations to decision-makers, and take appropriate actions to ensure
decisions are timely made and implemented.
3. Manage selection and performance of consultants to ensure the development of objective,
accurate, complete and wen-written information for decision-makers.
· Advise Director and Project Team concerning need for peer review of property
owners' or consultants' submittals, and other City consultant needs related to the
project.
· Prepare scopes-of-work for proposed consultant contraclS.
. Manage consultant selection process in compliance with City consultant selection
guidelines and procedures.
· Monitor performance of City consultants, including review of, and
recommendations concerning invoices and draft work products.
Exhibit A. Contract for Annexation and Development Services
Page I of2
· Brief Project Team and other City officials, as appropriate, concerning consultant
progress, findings and significance.
4. Coordinate City's reviews of proposals relating to land use policy, development regulations,
infrastructure financing, environmental protection and related issues.
· Review aU submittals by property owners and their consultants.
· Coordinate inter-departmental review of property-owner submittals and other
project-related information and recommendations.
· Coordinate City's H~oject-related activities and decisions with other
governmental agencies.
· Identify and evaluate policy and implementation options. Draft issue papers,
staff reports and recommendations for consideration by decision-makers.
· Make presentations to decision-makers and other groups.
Exhibit A. Contract for Annexation and Development Services
Page 2 of2
EXHIBIT B
P A ThlENT
Payment for work completed and for services rendered under this contract shall be at the rate of
$60.00 per hour exclusive of travel time.
\!
Exhibit B: Contract for Annexation and DeveJopment Services
Page I of 1
CW 'ACT NO. AG04-003(j)
City of Tukwila
Contract for Services
Amendment # ---1.
Between the City of Tukwila. and Commercial Development Solutions.
That portion of Contract No. AG04-063 between the City of Tukwila and
Commercial Development Solutions is amended as follows:
Under Section 2., Compensation and Method ofPavrnent, is amended to
add $40,000 to the origin!il amount of the contract. The total amount of
funds to be paid shall not exceed $134,000.
Under Section 4., Duration of Agreement is extended to November 30,
2005.
All other provisions of the contra.ct shall ):'emain in full force and effect.
fl.l.
DATED this ,;G? day of , 2005.
CONTRACTOR
rfynfYI)UI~
..91: OF TUKWILA
~ rv'\vV\~
Steven M. Mullet, Mayor
ATTEST I AUTHENTICATED
r&.~dJ"
e E. Cantu, CMC, City Clerk
~TO
OR!'...!
City
e
.,'1 _...../ ~ 1
.;<... (,.7 ~~
ContractNo fl-Go L/ -003 C b ')
/
City of Tukwila
Contract fOf Services
Amendment # 2
Contract No. AG04--063 dated ~u,ly 13,2004, as amended by Amendment #1 dated
July 22, 2005, between the CitY\6fTukwila and Commercial Development
Solutions is further amended as follows.
Section 2, Compensation and Method of Payment. is amended to add $60,000 to
the amount of the contract. The total amount of funds to be paid shaH not exceed
$194,000.
Section 4, Duration of Agreement, is amended to extend the contract to April 30,
2006.
All other provisions of the Contract shall remain in full force and effect
DATED this ~ day of ~, 2005.
cia! Development Solutions
~TUKWILA
" N")lV)~\--
Steven M. Mullet, Mayor
ATTEST/AUTHENTICATED
FORM
~/
~ ~d1,
Q'\P AA\TVS Segale\CDS amend2.doc-sjl-C ted on 10/1912005 2.30 PM
Page 1 of]
-~.
Contract No ()~- Qtpj (C.)
City ofTukwila
Contract for Services
Amendment # 3
,,'
Contract No. AG04-063 dated \fuly 13, 2004, as amended by Amendment #1 dated
July 22, 2005 and by Amendment #2 dated November 23,2005, between the City
ofTukwila and Commercial Development Solutions is further amended as follows:
Section 1. Sco9,e and Schedule of Services to be Performed by
Contractor is hereby amen ed !9 !ead as follows: The Cqntractor shall perform
those servIces descnbed on Exhibit A attached hereto and mcoTIJorated herein by
this reference as if fully set forth. Secondarily, Consultant shall perform such
additionaJ seryices ~elate~ ~o long-ran~ .planning and emergency preparedness as
may be IdentIfied m wntmg by the vrrector of CommunIty Devefopment and
accepted by- Contractor. In performing such services, the Contractor shall at all
times comply with all Federal State, and local statutes, rules and ordinances
applicable to the performance of such services and the handling of any funds used
in connection therewith. The Contractor shall request and obtain prior written
approval from the City if the scope or schedule is to be modified in any way
All other provisions of the Contract shan remain in full force and effect.
DATED this ;;of day 2006.
CONTRACTOR
~-O~
Commercial Development Solutions
C;!f OF TUKWILA
~..;~"'- \V\\"'\~T-
Steven M. Mullet. Mayor
/
ATTEST/AUTHENTICATED
. City Au
Q'\PAA\TV~Segale\CDS amend3.doc-sjl-Created on 01131/20064:42 PM
Page I of I ~
-)\(
Community Affairs and Parks Committee
April 25, 2006
Present:
Joan Hernandez, Chair; Joe Duffie, Pamela Linder,
Rhonda Berry, Steve Lancaster, Brandon Miles, Bruce Fletcher, Scott
Erdhal, Athletic Director, Tukwila School District; Chuck Parrish
1. Foster Golf Links Irrigation System. Bruce Fletcher explained that the Foster Golf
Links irrigation system filters for the pump system that runs all of the irrigation system
for the golf course is in critical need of being replaced. The 2006 CIP budget for this
project is $35,000. Six qualified contractors from the Small Works Roster were asked to
bid on the project. Only on~'contractor submitted a bid on the project. The base bid of
$34,610 is below budget; however, when WSST is added in the amount of $3,045 it will
briog the total project to $37,655.68. The balance of the project costs ($2,655.68) plus a
5% contingency fund ($1,882.78) will be taken from the golf maintenance operating
budget. Due to the potential damage that could occur if the pump system breaks down
before the filters can be replaced, Bruce asked if the bid award could be forwarded to the
Regular Meeting on Monday, May I, 2006. The Committee recommended awarding the
contract to Golf Pumping Services, LLC and that the BID AWARD be placed on the
consent agenda on the May I, 2006 Regular Meeting.
2. Commercial Development Solutions Contract Extension. Steve Lancaster explained
that Lisa Verner's current contract for Project Management Services to the Tukwila
Valley South Project expires at the end of April. Since he anticipates the city needing
Lisa's services for several more months, he is proposing a contract amendment to extend
the current contract through December 31, 2006. The proposed additional compensation
for this extension would be "not to exceed" $60,000.00 bringing the total contract to
$254,000. Councilrnember Hernandez inquired as to whether the scope of services to be
perfonned in Contract Amendment #3 would still apply Mr. Lancaster infonned the
committee that Lisa's priority will be to work on the Tukwila Valley South Project and
work on long-range planning and emergency preparedness would only take place if there
wasn't sufficient work required on the Tukwila Valley South Project. The Committee
recommended approval to extend the Commercial Development Solutions Contract and
forwarding it to the May 8, 2006 COW
3. TOD Moratorium Renewal. Steve Lancaster explained that the current moratorium on
certain land divisions and- development activities in the TOD planning area surrounding
the Sounder Commuter Rail Station will expire on June 5, 2006. To date, Council has
renewed the moratorium seven times, modifYing it to provide more flexibility in what
temporary uses are allowed while the TUC plan is being developed. He anticipates a
TaD plan being presented to the council for adoption by the end of the year. In the
meantime, there is still a need to keep the moratorium in place. The proposed Ordinance
is the same as currently in effect, including a provision added at its last renewal that
prohibits any permitted or conditional uses on properties located within 100' of the BBSF
Railroad right-of-way between 1-405 and Longacres Way, unless the property is to be
developed under an approved developer agreement \vith the City After some discussion,
the committee recommended approval of the proposed Ordinance extending the
moratorium and forwarding it to the May 8th COW for a Public Hearing.
COUNCIL AGENDA SYNOPSIS
tit `4
9s I,iiaLr ITEM
et I C+) i Aleetir.Z Date i Prland by 1 Mayor's tie:a _Craatei rziiew
y i 7 5/8106 1 MCStrril 6..L- 14JL/ I 1
''ti 4, 5/15/06 1 I L
1
1 1
ITEM INFORMATION
caS NUMBER 06-054 I ORIGLNAL AGENDA DATE: MAY 8, 2006
AGENDA ITEM TITLE Resolution Adopting 2005 Sewer System Plan Update.
CATEGORY Discussion Motthn Resolution Ordinance Bid Award Public Hearing Other
JUg Date 5/8/06 MtgDate MIg Dctt 5 /Zi /06 Mtg Date Mfg Dar 3ftg Date Mtg Date
'SPONSOR Canna Major Adm Svcs DCD Finance Fire Legal Pell Police PIV
SPONSOR'S The City is required to update its Sewer System Plan every six years by the Department of
SU\L�LARY Ecology (DOE). The last update was completed in 1999. This update was completed in
December 2005 and approved by DOE in April 2006. Sewer improvements are listed in the
updated plan and incorporated into the City's six -year GIP.
REVIEWED BY COW Mtg. CA &P Cmte F& S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 4/18/06
RECOMMENDATIONS:
SPONSOR /ADMEN. Approve Resolution updating Sewer System Plan.
COMMITTEE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
5/8/06 1
5/15/06
MTG. DATE ATTACHMENTS
5/8/06 Information Memo dated April 12, 2006
Resolution
Utilities Committee Meeting Minutes from April 18, 2006
(Sewer System Plan will be distributed to Council members).
INFOR.1"\fATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
April 12, 2006
Adoption of 2005 Sewer System Plan Update
ISSUE
Adopt by resolution the 2005 Sewer Sys\em Plan Upda\e.
BACKGROUND
The City of Tukwila is required to upda\e its Sewer Sys\em Plan every six years by the
Department of Ecology (DOE). The last upda\e was done in 1999 In 2004, the City
contracted EESIHDR Consultants to prepare the 2005 document. The document was
completed in December of 2005 and approved by DOE in April of 2006.
RECOMMENDATION
Approve the 2005 Sewer Sys\em Plan Update and forward the resolution to the Committee of
the Whole with a recommendation to approve.
MC:lw
attachment
Q':l.ao::rie.~.HIc'~11Oi5s::o.SSCa:::p7.t::)
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A SEWER SYSTEM PLA1"i UPDATE At'ID
PROVIDING FOR SAt'ITTARY SEWER SERVICE POLICIES FOR THE
CITY.
WHEREAS, the City of Tukwila is a municipal code city formed under duties
imposed under the provisions of Chapter 35A of the Re\'ised Code of Washington; and
V\'HEREAS, the City Council of the City of Tukwila has deemed it desirable to
adopt a Sewer System Plan Update in accordance with the provisions of WAC 173-240-
050;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The 2003 Sewer System Plan Update is hereby adopted.
Section 2. The plan is explicitly designed to be revised e\'ery six years to reflect
changes in the City of Tukwila Capital Improvement Program requiring facilih'
modifications as it relates to the standards outlined in WAC 173-240-050.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of . 2006.
AITEST / AUTI-ffiNTICATED:
Dennis Robertson, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORt\{ BY.
Office of the City Attorney
Filed with the City Oerk:
Passed by the City Council:
Resolution Number:
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Page I ofl
Utilities Committee
April 18,2006
Present:
Jim Haggerton, Chair; Pam Linder, Verna GriffIn
Jim Morrow, Bob Giberson, Frank Iriarte, Ryan Partee, j'VIi.lce Cusick,
Gail Labanara, Chuck Parrish
A. Council Chambers Remodel- CabinetrY. Carpentry and Paintin!! Bid Award Six bids were
solicited from the Small Works Roster. Three did not respond, two declined and only one
submitted a proposal. This contract will include adding an approximate 5-inch lip to the dais that
will have under mounted lights. The wood on the dais and beams will be stained darker but will
still show the wood grain. Multiple decorative glass panels will be installed behind the Council that
are 20-inches wide and 5-6 ft tall and lit with fiber optic lights. An example ofthe glass panels can
be found at ,w.rw.innovativeclass.com and go to the fiber optic tab. The glass panels will have the
City seal and a landscape etching of mountains, streams and cranes. The contract also includes
rebuilding the bailiff and City Clerk desk to incorporate a movable jury box. The plan is to
complete the cabinetry off site and install Thursday night through the weekend for at least 3
weekends. Updated interior lights will also be installed and Pam L suggested checking the lights at
Council position 6 & 7, as it seems darker at that location. Ryan P was familiar and pleased with
this contractor's work, who is based out ofBurien. Unanimous recommendation to send bid of
8176.538.88 to COW for approval.
~
B. Adoption of 2005 Sewer Svstem Plan Update The large bound plan was distributed at the
meeting and CDs are also available and will be distributed to the full Council. This is the sLx-year
update for the sewer plan and was approved for the first time by the Department of Ecology We
have a good working relationship with DOE and they only had minor changes to the plan. Overall
this means we are good system operators. The sewer improvements are listed in Table 8-1 on page
8-2 and have been incorporated into the 2006 CIP The water plan is also being updated and is
currently under review at King County but there is a delay with water rights and the Muckleshoot
Tribe. Unanimous recommendation to send Ordinance adoptin!! the 2005 Sewer Plan Update
to COW for approval.
C. New Drinkinl! 'Vater Requirements from the USEP A - Consultant Selection and Al!reement
This is the unfunded mandate that was brought to the last UC meeting on 4/4106. The EP A has
mandated that we set up and report on the City's water monitoring sites by October 1, 2006. The
only options are that we do nothing and have problems with the EP A, have the City of Seattle do it
for a fee, or we hire this consultant to do the report. Unanimous recommendation to send
Consultant Contract of 866,358 ",1th HDR Enl!ineerin!! to CO'V for approval.
Other
Jim M distributed the flyers that will be handed out at the AllentownlFoster Pt Open House on
April 27, 2006. The flyers include one with all of the charges that will be assessed to each owner,
one ,vith the breakdown of construction costs, and the third flyer includes the 3 payment pJans; 5,
10 or 15 years for the proposed 815,000 connection charge. The breakdown of costs from the bid
award brings the estimated connection charge to 820,446.73, when we had an estimate of815,000.
There was a lengthy discussion on if the City should set a precedent and keep the connection fee at
$15,000 or apply the charge of820,446.73.
C:'DocUmetlts and Settings\G3iI\My Documents\WD,.'"\VORD\UC ~fjl1utes 2C()6...{){.-18.doc
Page 1 oi2
COUNCIL AGENDA SYNOPSIS
4 Asti
o; Iaitialt IzE.tir
a 1!i t 19. 1 Meetir.g Date 1 Prepared by l Mayor's vita; 1 G,ucdl pap a
N`•. i "2. I 05/08/06 1 so 1 1 rl 1
rsoa .7 1 1 I 1 1 1 l C
I 1 1 1
ITEM INFORMATION
I CAS NUMBER: 06-055 I ORIGINAL AGENDA DATE: MAY 8, 2006
AGENDA ITEM TITLE Council Technology
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearin Other
ugDote 5 /8/06 AugDate aftg Date MUg Date Mtg Date 2JgDete Mtg D.e
SPONSOR Council Mgyor Arlin Svcs DCD Finance Fire Legal Pe'R Police PIW' 1
SPONSOR'S To discuss issues related to Councilmember use of Groupwise email.
SUALSLARY
RE\LEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Alu Comm. Parks Comm. Planning Comm.
DATE. 3/20/06 4/17/06
RECOMMENDATIONS:
SPONSOR/ADMIN.
Co\LM4TrEE Forward to the Committee of the Whole for discussion consideration
COST FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Continents:
MTG. DATE RECORD OF COUNCIL ACTION
5/8/2006 3
I I
MTG. DATE I ATTACHMENTS
5/8/2006 1 Information memo dated 5/3/06 from IT Manager
Finance Safety Committee Minutes 3/20/06
Finance Safety Committee Minutes 4/17/06
Information memo dated 4/17/06 from IT Manager to Finance Safety Committee
Information memo dated 5/3/06 from Council President Robertson
To:
From:
Date:
Subject:
Mayor and City councilme~
Mary Miotke, IT Manager
May 3, 2006
Council Technology - E-mail
Issue
Allocation of City e-mail address for Councilmembers
Background
In previous meetings, the Council has been advised that the use of personal e-mail
addresses poses certain risks such as potential court review ofpersonal e-mail and
computer records as well as lack of control over adherence to state requirements for
business records retention practices. To address these issues, as well as to consider a
variety oftechnology-based approaches to improve the Council's efficiency and
productivity, the Finance and Safety Committee has been tasked with eXHmining a variety
of technologies, evaluating them, and possibly making recommendations to the full
CounciL While still interested in productivity issues, the primary focus remains finding a
resolution to the legal issues. The first technology issues suggested for consideration
were the allocation of City e-mail addresses for Councilmembers, along with training,
and the development of standard policies and procedures for Council email usage and
archiving.
Discussion History
March 20 - Finance and Safety meeting: Discussion of allocation of City email addresses
for Councilmembers. Options and associated costs provided, based upon ciiy\vide system
currently in use.
March 20 - Finance and Safety meeting: Discussion of training for Council on best
practices for handling City related emaiL Request was made to research best practices of
other cities regarding elected official email, as well as to research existing policy and
procedure through MRSC.
April 17, 2006 - Finance and Safety meeting: Presentation of research findings.
Minutes for all meetings are attached.
Analysis of Options
I Purchase individual email addresses for each Councilmember: Because of the
legal considerations, it was agreed the need exists to get away from
Councilmembers using personal email addresses for City business. It is also
considered more business-like for Councilmembers to use a City email address.
The City would need to purchase additional seats or Group Wise licenses in order
to accommodate the Council's request. An added cost would be the printing
charges necessary to change the email address on business cards. Consensus
existed to purchase 10 GroupWise seats for Council Members. Cost impact:
S 11 00, plus $560 for new busine1>s cards.
2. Purchase additional email addresses to meet the entire City's needs: The City as a
whole is in nee~ of additional seats or Group Wise licenses. The current need is
for 100 additional seats, which would also accommodate the Councilmembers
Page I of2
request for individual email addresses. Committee agreed to fOTII'ard to COW for
consideration and discussion. Cost Impact: $11,000.
3. Upgrade Group Wise to the newest version, 7.x for just Councilmembers: The
main user interface for Councilmembers will be the remote access portal through
the Internet. This interface has only basic functionality as opposed to full
functionality when accessiog the system from ioside the City's network. The
remote access ioterface is very limited in use. The newest version offers sorting
capabilities, HTML capability, multiple calendaring functions and greater user
capabilities. Even though the purchase of new licenses would be at the newest
version, activating the newest ioterface for just Councilmembers is not a viable
option, as the entire Group Wise system software would need to be upgraded.
New licenses purchased would be downgraded to use the existing version of
software. Not possible; therefore, there is no cost impact.
4 Upgrade Group Wise to version 7.x for entire City staff: This is the only way the
new ioterface would be available for Councilmembers, and the entire City staff
would benefit. Committee agreed to forward to COW for consideration and
discussion. Cost Impact: $18,000.
5 Preparation of policies and procedures on email usage: Additional discussion is
required regarding scope of policies and procedures, to include usage limitations
and prohibited uses, legal issues regardiog confidential use, and communication
between Councilmembers in respect to the Open Meetiogs Act, and other possible
topics. Usiog the policies and procedures found during research, consensus
existed for staff to begin preparation of policies and procedures on email usage.to
include archiving, storage, and retention issues, and to continue research.
Next Steps
In addition to the continued discussion on the scope of policies and procedures, the next
phase of discussion for the committee regardiog Council technology will be focused on
devices, costs, and comparison of options.
Recommendation
This is an informational memo regarding Council email usage. Forward to Committee of
the Whole for discussion.
Page 2 of2
TUKWJLA FINANCE AND SAFETY COMMITTEE
March 20, 2006, 5:00 pm, Conference Room #3
MINUTES
ATTENDEES:
Chairperson, Pam Carter, Jim Haggerton, Verna Griffin
Rhonda Berry, Kevin Fuhrer, Mary Miotke, Jane Cantu,
Christy O'Flaherty, Chuck Parrish
1 PRESENT ATfONS - None
2. BUSINESS AGENDA
a. Council Automation, Mary Miotke, IT Manager
*
Council member Carter indicated this topic would be referred to as .Council Technology"
Mary Miotke elaborated on the memos provided in the committee agenda packet regarding allocation of
City email addresses for councilmembers and best practices for city-related em ail. She indicated
additional licenses for Groupwise (the City's email and productivity tool) would need to be acquired. The
latest version of the software which offers enhancements and new features would need to be purchased
as well. The estimated cost, at this time, for the licenses and upgrades is $29,040. The choice to add
upgrade protection would bring the total to $45,840. Additionally, training for councilmembers on best
practices tor handling city. related email would need to be addressed. Mary emphasized the risk of court-
review and public disclosure of personal computer records if City email continues 10 be accessed from
private computers. Rhonda stated the City Attorney has indicated that once the councilmembers have
city-issued devices, such as laptops, records will only be discoverable from that device. While this
concept may be challenged, the City Attorney is confident it would be upheld.
Discussion ensued between the Committee members and staff regarding the pros and cons of council
email addresses. The role of the new council staff person in assisting with technology issues, scheduling,
and records retention was also discussed. The Committee members considered replacing the personal
email addresses of the council with the generic city account of "tukcouncil." This is something that could
be done quickly while other decisions regarding Council technology are being determined. The
Committee determined additional research and recommendations on policies, procedures, and best
practices are required. The members would like to see additional documentation from staff after further
research has been completed.
Fonyard to a future Committee 01 the Whole: Replacinq councilmembers' personat email
addresses with the "tukcouncil" email account and movinq lonyard on the issue of council email
addresses and best practices.
b. General Financial Issues, Kevin Fuhrer, Finance Director
Kevin Fuhrer reported the annual State Auditor's examination of City tinancial records wiil take place at
the end of March, 2006. The auditor wiil be here for a couple of months, and the cost to the City is
$60,000-$70,000. This review is a tinancial and legal compliance audit and will be conducted by an
auditor that has not worked with the City in past years. The State Auditors are focusing on the exit
conference and audit wrap up, and councilmembers wiil be invited 10 attend.
An audit wiil also be conducted this year by WCIA (Washington Cities Insurance Authority), the City's
property and casualty insurance carrier This half.day audit wiil focus on special events conducted by the
Parks & Recreation Department. The State Insurance Commission wiil also conduct an audit of the City's
self-insured medical plan.
Mr Fuhrer also passed out two charts iilustrating the City's sales tax revenue for 2005 by type of
business activity He mentioned the SST (Streamlined Sales Tax) initiative did not pass this year, but has
a good chance of passing next year He indicated that Kathy Rohlena, the Safety and Risk Management
Analyst, has resigned and he will be looking for a replacement.
No Action. Information Onlv.
TUKWILA FINANCE AND SAFETY COMMITTEE
April 17, 2006, 5:00 pm, Conference Room #3
MINUTES
ATTENDEES:
Chairperson, Pam Carter, Jim Haggerton, Vema Griffin
Rhonda Berry, Mary Miotke, Kevin Fuhrer, Pat Brodin,
Peter Beckwith, Jane Cantu, Christy O'Flaherty, Chuck Parrish
PRESENTATIONS - None
2. BUSINESS AGENDA
>/<
a. Council Technology, Mary Miotke, IT Manager
Pam Carter, referenced the memorandum and attachments from Mary Miotke provided in the committee
agenda packet. The documentation provides background information and recommendations for best
practices. At this time the committee is considering Council email options and records retention issues.
Councilmember Carter distribuled a memo she developed outlining possible actions.
The committee members were in favor of acquiring individual em ail addresses for the councilmembers at
this time. The addition of 10 seats or licenses in Groupwise (the City's email program) would be
necessary 10 seats at $11 0 each would incur a one-time cost of $1100.
Mary reminded the committee that the councilmembers would be accessing their email accounts through
a web access portal. This portal has basic functionality and no sorting capability. Council member
Haggerton asked about the enhancements that come with the newer version of Groupwise. Mary stated
that Groupwise 7.0 would have HTML capability, multiple calendars, and greater functionality in the IVeb
portal component of the program.
The city as a whole is in need of additional seats or Groupwise licenses as well as the upgrade to version
7.0. The lotal cost of 100 additional licenses, upgrades for 300 accounts, and Groupwise Media is
$29,040. The councilmembers were in favor of asking the full council to consider the possibility of looking
at a funding source 10 upgrade 10 Groupwise 7.0 for approximately 300 accounts and the acquisition of
approximately 100 additional seats or licenses. The committee members were not in favor of acquiring
upgrade prolection, and Mary concurred.
The committee members would also like the staff to begin preparing policies and procedures on email
usage, to include archiving, storage, and retention issues. They would also like information on the current
practices of the City regarding electronic records. Councilmember Carter requested an informational
memo be prepared outlining the discussions and conclusions from this meeting.
Councilmember Carter indicated the next phase of discussion for the committee regarding council
technology will be on the criteria involving devices, costs, and comparisons of the options.
Committee consensus existed to:
-Forward the issue of acquiring individual email addressesforthecouncilmembers at this time, to include
the purchase of 10 Groupwise seats or licenses at a cost of $1,100, to the May 8, 2006 Committee of the
Whole meeting with a recommendation to approve
-Forward the issue of seeking a funding source for the acquisition of Groupwise upgrades for
approximately 300 accounts and approximately 100 additional seats or licenses for a total cost of $29,040
to the May 8, 2006 Committee of the Whole meeting for consideration and discussion
-Forward the issue of criteria involving council technology to include devices, costs, and comparisons of
options to the May 1, 2006 Finance and Safety Committee meeting for discussion
To:
From:
Date:
Subject:
Finance & Safety Committee
Mary Miotke, IT Manager ~
April 17, 2006 '(II <:7 If v
Council Technology
Issue
This memo is informational and provided as a follow-up to previous committee discussions.
Back!!round
Council has agreed to consider a variety of technology-based approaches to improve the
Council's productivity In previous meetings, the Council has been advised that the use of
personal e-mail addresses poses certain risks such as potential court review of personal e-mail
and computer records as well as lack of control over adherence to state requirements for business
records retention practices. In order to work towards a solution, a sampling of technology
discussion items requiring Council consideration had been offered, and the Committee selected
several items for first steps. The.se items, along with the follow-up action and findings, are listed
below
Follow-upAction
. Research existing policy and procedure for Council email through MRSC
. Survey other cities for best practices regarding Council email
I was able to find several existing policies trom other cities and they are attached for Committee
consideration. I sent an email survey to the Valley Cities group consisting of Aubum, Federal
Way, Fife, Kent, Puyallup, Renton, and Sumner. Responses regarding council email, the
technology used, Council accommodations at City Hall, and the existence of current fonnal
policies and procedures came back from all cities. I have attached a spreadsheet as an overview
of the information received. A Council email policy trom the City of Gold Bar (attached) and
the City of Port Townsend (attached) and several large Council Protocol manuals were available
trom MRSC (not included, but available).
Also attached is a spreadsheet with information trom a survey that went out to the Association of
CountylCity Information Systems (ACCIS) group in 2004 Several cities responded to the issues
of providing laptops and broadband access to Council, other technical devices used, and live
video streaming of Council Meetings.
Current Situation
Several changes have been made in the last month for short-term measures:
. \Ve have made available a city resource laptop for Councilmember Robertson to check
the Council's email on a daily basis trom his home using a dial-up account to gain access
to the web. If the duty of checking Council email should pass to another council
member, the laptop should be transferred as well.
.
Other resource laptops are available in the City Clerk's Office for Councilmembers to
checkout for short-te17ll use when needed.
Councilmember Robertson will move all City of Tukwila business-related documents off
his home computer to the laptop.
Councilmember Robertson will bring the laptop to council meetings to have available for
council use in displaying documents and presentations on the overhead projector and
screens.
Councilmember Robertson has officially changed his published city email address to
TukCouncil@ci.tukwila.wa.us. This option is currently available to all Councilmembers
if they wish to use and share the generic group address instead of a personal email
address. However, changing an email address is a lengthy and involved process when
attempting to notify all contacts. Councilmembers may choose to go through this just
once when the change is made to individual City email addresses.
.
.
.
Recommendations for Best Practices
. Because it is more businesslike for the council to have official City email addresses than
to use personal email accounts, I recommend the Council approve purchasing a block of
additional emaillicenses for the Group Wise system and assign individual City email
addresses to all Councilmembers.
. Council should consider investing in the upgrade of the Group Wise system to make
available a more user-friendly and feature-rich remote interface, which the Council will
ftequently use to conduct City-related business.
. After evaluating copies of Council policy and procedures rrom other Cities, Council
could consider drafting a policy for the City ofTukwila in regard to Internet usage,
electronic correspondence, and archiving procedures for elected officials. Best practices
for compliance of the Open Public Meetings Act should also be addressed in the policy
. I recommend the Council move forward with purchasing basic laptops for council use.
These laptops will not be intended as a permanent, long-term solution to Council
efficiency, but rather as entry-level technical devices to use for one to two years while
other technology devices can be evaluated. As every Councilmember gains experience
with the entry-level laptops, opinions can be fonned as to a technical direction that may
work best and new technology options can be evaluated.
. The Council Administrative Support staff position should be assigned the same laptop as
well in order to provide first-line support and training to Council. This staff person
should also be able to proxy into the Council email accounts for email maintenance and
records retention & archival purposes.
. A location at City Hall could be assigned to Council for laptop docking and work space.
This would allow Council to have workspace with a connection to the City's network
when on campus in order to use the internal Group Wise email interface as well as
provide access to TukNet.
As Council discussion continues concerning technology-based approaches to improve
productivity, I am happy to support your efforts by providing additional information or detail and
answering any questions that may arise.
Council Email?
Technology Used?
Auburn
Individual City
email acount,
archived for public
records,
o ma
available.
City of TukwrlfaoYDepartment 'technology Valley Cities SuApril it 2006
federal8Nay .
Individual City
email account
assigned. Email
has rule to copy to
CM Admit)
st ffpme a radaif to
desired.
Originally issued
laptops, they Now
them back
use a Blackberry
TWO docked
laptops in
designated
Council office area
for use on
campus. One is
syncing station ffo e
Blackberries.
to check out laptop
for,travel. w.
Yes, attached.
Currently under
revision to address
Blackberry usage
specifically
Officelpesk on Campus
Written Policy?
None
Fife
Individual City
email account
assigned. Nave
setup distribution
list for group email
use.
Blackberry
phones, with the
phone portion
disabled. Used
only for
datalemail.,.,
Each individual
CounciimembeC
has assigned
deskspaCe with
computer and city
oe number at
phone Nall.
Kent
Individual City
email account
assigned.
Issued laptop,
printer, cell neo f
fax ma
desired.
Shared office on
campus with
computer access.
No formal written
given for computer
usage and remote
email access.
Puyallup
individual City
email account
assigned.
Currently have
laptops,
considering
issuance of PEA
instead.
2 computers set
up in Counca
office.
No formal policy
Renton
individual City
email account
assigned, mostly
use remote web
access.
Sumner
Each
Councilmen ber
assigned own City
email account.
Some forward
email to home
account. Able to
connect remotely
Laptops are
assigned for use
when traveling.
Most have
personal PC
Shared office on
campus with
computer access'
No formal
but P' po is
records retention
training available
AdmAdministrator
Considering PDAs
Each
Councilmember
has their ow all.
office at City H
Currently under
revision.
Yes, attached.
Small office on
campus with 2
desks, one
computer
No formal policy at
this time. Include
email use as a
topic during be
Councilmen
orientation.
City of Tukwila LT Department
Valley Cities Survey for Council Technology (ACC')
July, 2004
Auburn
. . —
Yes, .pdf and
Laserfiche
Yes, as needed for
travel
Online Council Packet?
_
Laptops Provided to
Council?
Everett
Yes, combination
of 1-iTIVIL and .pc11
Coming soon
Lynwood
Yes, .2
Yes
Pasco
Renton
No
No but do have
wireless access to
the City's network
at all City locations
Any Other Technology
Provided to Council?
_ -
Live Video Streaming of
City Council Meetings?
Yes, Shared
workstation and
printer in Council
workroom at City
4 Lt6L(v-J
.
ADMINISTRATIVE
POLICY A\'\'D PROCEDURE
TITLE,
INTERNET & ELECTRONIC RESOURCES!
EQUIPMENT USE - ELECTED OFFICIALS
SUB.JECT,
ADMINISTRATION
Il'''EX ;-;mmER: 500-03
EFFECTIVE DATE SD'ERSEDES
3/14/03 NEW
1 0 PURPOSE
PAGE OF PREPARED BY'
1 7 SHELLEY COLEMAN
~IAYOR'S APPROYAL
To establish a policy and identify the principles of acceptable use of the internet and other
electronic communications resources/equipment provided for use during hislher term of office for
eleeled officials.
2.0 ORGANIZATIONS AFFECTED
Elected Officials
3.0 REFERENCES
RCW 42.17
RCW 42.30
4.0 POLICY
To enhance Co unci/members' service to the community and their ability to communicate with
staff and the public, the City provides office space, meeting facilities and office equipment for
the use in City business. Each member of Council will receive a City owned laptop with the
necessary software, Internet access and e-mail capabilities. The Information Systems Division
will provide initial installation of software and communications software. Information Systems
will also provide the initial training in the use of computers and reJated software. Only City
owned software will be installed on the laptops.
It is important to note that aI/letters, memoranda, and interactive computer communication (e-
mail) involving City Councilmembers and members of advisory boards and commissions, the
subject of which relates to the conduct of government or the performance of any governmental
function, with few exceptions stated by the Public Disclosure Act (RCW 42.17), are public
records. See section 5.0 Public Disclosure.
When individual Council members have completed their term of office, they will return aI/ City
computers, software, and associated equipment to the Finance Director
4.1 Business Use and Limited Personal Use
The City's electronic equipment and information systems are intended for professional
business use in performing the duties of a Councilmember Limited personal use may
be permitted, according to the following guiding principles:
AD~IL\"ISTR-\m'E TITLE. Th"EX ~O.
POLICY ..,,"m PROCEDURE INTERNET & ELECTRONIC RESOURCES! 500-03
EQUIPMENT USE - ELECTED OFFICIALS
4.1 1 It is incidental, occasional and of short duration;
PAGE~O: OF
2 7
4.1.2 It does not result in incremental expense to the City Examples of "incremental
expense' include, but are not limited to:
a) if the City were paying for an hourly "dial-up" connection to the internet,
and a Council member's personal use incurred additional charges;
b) long-distance telephone, cellular phone or fax charges;
4.1 3 It does not solicit for or promote commercial ventures, religious or political
causes, outside organizations or other solicitations not directly related to the
duties of a Council member;
4.1 4 It does not violate the other "prohibited uses' or other specific limitations outlined
in the policy
4.2 Prohibited Uses
The creation, transmission, downloading or storage of any document, data or message
which reasonable can be construed as relating to or promoting the following, are
prohibited:
4.2.1 Discrimination or harassment on the basis of age, race, color, gender, creed,
marital status, national origin, disability or sexual orientation;
4.2.2 Any language and subject matter that is objectionable, offensive, obscene,
threatening or otherwise inappropriate as described in the City's Sexual
Harassment Policy;
4.2.3 Any communication to solicit for or promote commercial or non-profit ventures,
religious or political causes, outside organizations, rumor or slander or other non-
job related solicitations;
4.2.4 Any information that violates copyright laws;
4.2.5 Copying any City licensed computer software for personal use is prohibited;
4.2.6 See also specific prohibitions relating to individual types of system use, below
4.3 Internet Use: Browsing, List-Servs, Newsgroups, etc.
4.3.1 It is the policy of the City to maximize the cost-effective use of its computer
systems as a means to improve efficiency and productivity All Council members
are responsible for using the Internet resources in an effective, ethical and lawful
manner, and in accordance with this policy
AD~lTI\rsrR.\TIVE TITLE: L'iDF..X :\0:
POLICY A,"DPROCEDliRE INTERNET & ELECTRONIC RESOURCES! 500-03
EQUIPMENT USE - ELECTED OFFICIALS
PAGEi'D: OF
3 7
4.3.2 Limited personal use may only consist of browser capability and may not include
ListServs, Newsgroups, Chat Rooms or other capabilities.
4.3.3 Using City equipment or City Internet connection to violate the integrity of another
system (hacking) is prohibited.
4.4 System Security
4.4.1 Acouisition of computer eauipment. All acquisitions of information systems
components will be coordinated through the Information Systems Division. This
includes demonstration hardware and software used for evaluation purposes as
well as products acquired for ongoing use.
4.4.2 Conscientious care. All Councilmembers are responsible to care for the personal
computer system components that they are assigned or using. Councilmembers
are responsible for promptly reporting any equipment, software and data damage
and/or destruction of which they become aware. Any damage caused by
personal use, including repair costs, will be the responsibility of the
Councilmember
4.4.3 Downloadinalinstallinq software (includinq upqrades and screensaversJ. The
City computer system is designed to work in a network environment. Installation
of unauthorized software can result in damaging the integrity of the system.
Council members should not download or install software on any City-owned
computer If additional software is required, a request should be addressed to
the Information Systems helpdesk.
4.4 4 Downloadina files from the Internet. Council members are individually and
directly responsible for checking files for viruses using the latest version of the
recommended virus--checking program. Downloading or uploading files is
restricted to City business.
4.4.5 Unauthorized access. Council members are prohibited from using "loopholes" or
knowledge of a special password to damage computer systems, obtain extra
resources, or to gain access to systems for which proper authorization has not
been given. Councilmembers are responsible for keeping their password
confidential and not sharing it with other users.
4.4.6 Use of aliases. Use of aliases while using the Internet or internal e-mail is
prohibited. Anonymous messages and anonymous newsgroup postings are
prohibited.
AD~ITh,STR.\TI\'E TITLE: L'>>E."C\O: PAGE ~O: OF
POLICY "''iD PROCEDURE INTERNET & ELECTRONIC RESOURCES! 500-03 4 7
EQUIPMENT USE - ELECTED OFFICIALS
4.4.7 Unlicensed or copied software is prohibited on anv Citv computer No
Council member may use unlicensed or copied software on any City computer
The City shall seek reimbursement from any Councilmember who installs,
downloads, uses or authorizes the use of any unlicensed or copied software on
any City computer, or any fines, costs or other expenses incurred by the City
resulting from such use.
4.5 Computer Printers, Photocopy Machines
4.5.1 Computers & Printers. Councilmembers may use City computers for personal
use if said use meets the criteria outlines in section 4 1 and does not violate
section 4.2 of this policy; said Councilmembers will reimburse the City at the rate
of 25 cents per page for use of City printers.
4.5.2 Photocopv Machines. Council members may use City photocopy machines for
personal use by paying a photocopy charge of 25 cents per page.
4.5.3 Other equipment Except as provided in this policy, Councilmembers will not use
City equipment for personal use. Except as provided herein, in no event shall a
Councilmember take City property to his or her home.
4.6 Information Systems Helpdesk Services
4.6.1 The City of Auburn Information Systems helpdesk is available for help with
technical issues related to the laptop, Intemet connection and related software.
4.6.2 To request help, e-mail helpdesk@ci.aubum.wa.us. A helpdesk representative
wiff contact you within two hours during normal City business hours.
5.0 Public Disclosure
To ensure that business communications submitted to and by elected and appointed officials
comply with the State Public Disclosure Act, RCW 42.17, and the State Open Meetings Act,
RCW 42.30, the following clarifies the responsibility of elected officials:
5.1 Communications - Generally
All letters, memoranda, and interactive computer communication involving City
Councilmembers and members of advisory boards and commissions, the subject of
which relates to the conduct of government or the performance of any governmental
function, with few exceptions as stated by the Public Disclosure Act, are public records.
Copies of such letters, memoranda, and interactive computer communication may not
be provided to the public or news media without the filing of a public disclosure request
with the City Clerk.
AD~IL"ISTRATIVE TITLE:
POLICY ASD PROCEDURE INTERNET & ELECTRONIC RESOURCES!
EQUIPMENT USE - ELECTED OFFICIALS
riDE-X ~o:
500-03
PAGEXO: OF
5 7
5.2 Written Communications
Written letters and memoranda received by the City, addressed to a Councilmember or
the Council as body, will be photocopied and provided to all City Council members, and
a copy to the City Clerk to be kept according the City's Records Retention Schedule.
5.3 Electronic Communications
5.3.1 Informal messages with no retention value and that do not relate to the functional
responsibility of the recipient or sender as a public official, such as meeting
notices, reminders, telephone messages and informal notes, do not constitute a
public record. Users should delete these messages once their administrative
purpose is served.
5.3.2 All other messages that relate to the functional responsibility of the recipient or
sender as a public official constitute a public record. Such records are subject to
public inspection and copying.
a) All mail that is received at a Councilmember's City e-mail address will be
duplicated electronically and saved to an archival mailbox and a copy will be
forwarded to the Council Secretary
b) All mail that is sent via a Councilmember's City e-mail account will be
duplicated electronically and saved to an archival mailbox and a copy will be
forwarded to the Council Secretary
c) Information Systems' staff will automatically save the archived e-mail to a
CD according to an established schedule in accordance with State
guidelines. This CD will be given to the City Clerk for record retention
purposes.
5.3.3 E-mail communications that are intended to be shared among four or more
Councilmembers, whether concurrently or serially, must be considered in light of
the Open Public Meetings Act. If the intended purpose of the e-mail is to have a
discussion that should be held at an open meeting, the electronic discussion
should not occur Further, the use of e-mail communication to form a collective
decision of the Council is inappropriate.
5.3.4 E-mail should be used cautiously when seeking legal advice or to discuss
matters of pending litigation or other .confidential' City business. In general, e-
mail is discoverable in litigation, and even deleted e-mail is not necessarily
removed from the system. Confidential e-mail communications should not be
shared with individuals other than the intended recipients, or the attorney-client
privilege protecting the document from disclosure may be waived.
5.3.5 E-mail betv....een Councilmembers and between Councilmembers and staff shall
not be transmitted to the public or news media without the filing of a public
disclosure request with the City Clerk.
AD~ITh.srRATIVE TITLE: I;"DE.X~O: PAGE "0, OF
POLICY_-\'~DPROCEDl!RE INTERNET & ELECTRONIC RESOURCES! 500-03 6 7
EQUIPMENT USE - ELECTED OFFICIALS
5 3.6 City e-mail will not be used for personal use, since Councilmembers'
conventional e-mail addresses include the City's "return address:
5.3.7 As a cautionary note, if an elected public official uses his or her personal home
computer to send e-mail dealing with City business, the e-mails and electronic
records may be subject to discovery demands and public disclosure requests.
That possibility amplifies the need for caution in how one uses e-mail for City
business.
6.0 Monitoring, Enforcement and Penalties
6.1 All hardware, software, programs, applications, templates, data and data files residing
on City information systems or storage media, whether City business or personal, are
the property of the City of Auburn. The City retains the right to access, copy and
change, alter, modify, destroy, delete or erase this property without prior notice to
Council members.
6.2 The City retains the right to monitor and audit the use of e-mail and Internet use. The
right to use these technologies does not include the right to privacy
6.3 Deleted documents, messages and data may be retrieved from a variety of points in the
network. Councilmembers should assume that electronic evidence discovery might
recover deleted or unsaved data.
6.4 Councilmembers' use of a personal Internet account on City equipment, is to be
arranged through the Information Systems helpdesk, and is subject to the provisions of
this policy Said Council members should be aware that their personal e-mail and
electronic files could be monitored by the City, and could be reviewed as part of a Public
Records request.
70 PROCEDURE
All Councilmembers shall be required to read the above policy and sign an acknowledgement
that they have read, understand and will comply with this policy
Amm..STRATIVE TITLE,
POLICY "'''D PROCEDURE INTERNET & ELECTRONIC RESOURCES!
EQUIPMENT USE - ELECTED OFFICIALS
Th1)E.X riO:
500-03
PAGE 1'0, OF
7 7
ACKNOWLEDGEMENT
This is to acknowledge that I have read, understand, and will comply with the City of Auburn's Internet
& Electronic Resources/Equipment Use - Elected Officials Policy 500-03.
I understand that failure to follow the provisions of Policy and Procedure 500-03 may result in the City
seeking reimbursement for any fines, costs or other expenses incurred by the City resulting from
prohibited use or damage caused by personal use.
Further, I hereby consent that the City of Auburn or its authorized representative may monitor, review,
and/or copy any information on the electronic data processing system, including the electronic mail
system, whether stored or in transit, at any time, and may, without further notice, disclose such
information to any third party or parties, including government and law enforcement agencies.
Printed Elected Official's Name:
Title:
Elected Official's Signature:
Date:
~to,~
POLICY & PROCEDURE
Subject:
COUNCIL CORRESPONDENCE At'ID AGE!'.'DA
Effective Date Supersedes Page
12/812003
2/111995
lof3
Index: LEGISLA TNE
Number: 800-04
Staff Contact Approved By
B. Walton
1.0 PURPOSE:
To establish guidelines and procedures for correspondence addressed to the City Council
and for the preparation of the Council agenda.
2.0 ORGANIZATIONS AFFECTED:
City Council
3.0 REFERENCES:
Policy and Procedure #800-11, Council E-mail
4.0 POLICY:
4.1 The City Clerk or Council Liaison are authorized to open and examine all mail,
postal and electronic, addressed to the Renton City Council. If the mail is
addressed or e-mailed to the personal attention of one individual Councilmember
only, then the Council Liaison is authorized to open said mail.
4.2 Correspondence relating to or requiring legislative action shall be forwarded to the
City Clerk to be placed on the agenda.
4.3 The City Clerk shall promptly be provided with a copy of all correspondence
brought before the Council during a City Council meeting.
4 4 Correspondence need not be read aloud and in its entirety at a City Council
meeting unless requested by a majority vote of the Council, but the City Clerk
shall indicate in summary form the nature of the correspondence and the name and
address of the sender.
5.0 DEFINITIONS
Correspondence (also referred to as "mail"): Any letter, note, facsimile transmission, e-
mail message, or any other written or electronic transmission of information or data, and
any attachments.
6.0 PROCEDURES:
6.1 Mail shall be opened, datestamped, and logged as required by law Mail
addressed to an individual Councilmember shall be opened and datestamped by
1
the Council Liaison unless it is identified as personal or confidential, in which
case it shall be distributed to the Councilmember unopened. If the
correspondence is not personal or confidential or if it relates to City business, the
Councilmember will transmit all individual correspondence to the Council Liaison
for records retention purposes. If the Councilmember desires action regarding
individually received mail, such as having it listed on the agenda or referred to the
Administration, the Councilmember will directly, or through the Council Liaison,
so notify the City Clerk who will then include the correspondence in the agenda or
refer the correspondence via the referral form, as the case may be.
6.2 Correspondence shall be logged and sorted into four categories.
6.2.1 Informational ~orrespondence that requires no action.
Correspondence shall be acknowledged (optional). Copies shall be
transmitted to Councilmembers with notation reflecting distribution.
Councilmembers may opt to respond personally to the correspondent.
Councilmembers should be careful to respond in a way that does not state
or imply that they speak for the City or for the City Council as a legislative
body
6.2.2 Correspondence that requires administrative review andlor action by
Mayor or City department.
Action: Correspondence shall be acknowledged and referred via referral
form to Mayor andlor appropriate department administrator for review and
report back. Copies of correspondence and referral form shall be
transmitted to Councilmembers. Staff response to correspondence shall be
approved by the Mayor and copy distributed to Councilmembers and City
Clerk.
6.2.3 Correspondence that requires policy decision or approval by City Council.
Action: Correspondence shall be transmitted to the City Clerk to be
acknowledged and included on the Council agenda under
"Correspondence" for approval, denial or referral to Council committee or
the administration. If referred, the City Clerk shall forward the letter,
accompanied by referral form, to the department administrator for
investigation and response or to be scheduled on Council committee
agenda.
6.2.4 Correspondence relating to public hearings or meetings or other items on
the Council agenda.
Action: Correspondence shall be included with the Council packet.
Acknowledgment shall be optional.
6.3 Under item 6.2.3, if the matter is referred to Council committee, the Council
Liaison will notify the correspondent of the committee meeting date and time.
Following final action by Council, the City Clerk will mail the correspondent
notice of final Council action.
6.4 The City Clerk shall regularly follow up on outstanding referrals to the
Administration.
6.5 Any Council requests or referrals to the administration occurring at Council
meetings shall be referred to staff by the City Clerk via the referral fonn for
response.
2
6.6 If a public disclosure request is received by the Council Liaison for Council
correspondence, the Council Liaison shall immediately notify and provide a copy
of the request to Councilrnembers.
7.0 AGENDA PROCEDURES:
7.1 A1l items for inclusion in the agenda shall be delivered to the City Clerk's office no
later than 11 :00 a.m. on the Thursday preceding the reguJar meeting.
7.1.1 Correspondence requesting that an issue be placed on the agenda that is
received after the deadline will he held over until the next regular Council
meeting.
7 1.2 Correspondence reasonably related to a subject that will be on the next
Council agenda shall be transmitted to the Council regardless of the time
or date received.
7.1.3 A member of the public, the Council, or the Mayor may ask that an item
be considered by the City Council even if it is not identified on the formal
agenda by raising the issue during the appropriate time in the order of
business of any meeting (i.e., Audience Corrunent, New Business,
Administrative Report).
7.2 Unless otherwise instructed by the Council President, the City Clerk shall prepare
the agenda.
7.3 Tbe agenda shall be available to the members of the City Council and the public
by three o'clock (3:00) p.m. on Thursday preceding the Monday Council meeting.
7.3.1 In case of special meetings, the agenda will be made available at least
twenty-four (24) hours prior to the meeting. Notice will be provided as
required by law
3
eJ;;:fJ\!J j\J
POLICY & PROCEDURE
Subject:
COUNCIL E-lVlAIL
Effective Date Supersedes
Index:
Number:
LEGISLATIVE
800-11
Approved By
Page
Staff Contact
12/812003
N/A
10f4
B. Walton
1.0 PURPOSE:
To facilitate e-mail communication between and among Councilmembers, City staff,
citizens, and others; to establish procedures for retention of e-mail messages in compliance
with the Public Records Disclosure Act, and to assist Councilmembers in complying with
the Open Public Meetings Act and other applicable laws.
2.0 ORGANIZATIONS AFFECTED:
Legislative, Administrative, Legal and Information Services Divisions
3.0 REFERENCES:
Chapters 40.14, 40.16, 42.17, and 42.30 RCW, WAC 434.12A,
Policy and Procedure #800-04, Council Correspondence and Agenda
4.0 POLICY:
4.1 Public Record. All Councilmembers' e-mail communications in the City-hosted e-
mail system are public records, and must be filed and retained by the City according
to legal retention requirements.
4.2 Public Disclosure. E-mails that are determined to be a public record are subject to
public records disclosure under State law, Chapter 42.17 RCW, unless specifically
exempt by statute.
4.3 Ownership. All Councilmembers' e-mail records generated in the conduct of City
business are the property of the City of Renton and of the public, regardless of the
ownership of the computer hardware or software being used.
4.4 Custody of E-Mail Records. The Council Liaison will maintain custody of City
Council e-mail records relating to City business in compliance with all public
records laws. The Council Liaison will process the messages in accordance with
Council Policy #800-04.
1
4.5 Deletion of E-Mail. Deletion of any public record, including e-mail that has
retention value, which has not been made a part of an approved records management
system, may be illegal in the State of Washington and subject to criminal penalties.
Once an e-mail public record has been made a part of the City's approved records
management system, however, then the electronic version should be deleted after its
administrative use has ended in order to free up computer disk space.
4.6 Open Public lYleetings Act. Councilmembers must exercise caution when directly
communicating with fellow Councilmembers via e-mail, so as to not violate the
Open Public Meetings Act. To avoid a violation of the letter or spirit of the Open
Public Meetings Act, any interactive e-mail (i.e. e-mail requiring or inviting two-way
communication) between or among Council Committee members or a quorum of
members of City Council, must be restricted to matters that are not currently or likely
to come before the Committee or Council. A quorum means four CounciImembers
or t\vo members of any Committee, including every person participating in the
interactive e-mails. Forwarding of informational materials between or among
Councilmembers on a "no comment" or "FYI-onlt' basis is not a violation of the
Act.
4 7 Quasi-Judicial Role of Council. Councilmembers who are serving in a quasi-
judicial role (i.e., land use appeals) must not engage in generating or reading
substantive e-mails concerning the matter on appeal. For purposes of this provision,
a substantive e-mail is one that relates to a matter before the Council while acting in
a quasi-judicial role and has any information other than the scheduling or procedures
of the hearing. Any substantive e-mail received by a Councilmember must, without
review by the Councilmember, be routed to the Council liaison to then be routed to
the City Attorney's office. If the substantive e-mail contains or discusses information
that is within the closed record, it may be considered by the quasi-judicial body and
presented at the hearing. If the substantive e-mail contains or discusses information
that is not within the closed record, the quasi-judicial body may not consider it. In
the event the substantive e-mail contains or discusses information that is both within
and without the closed record, only those parts of the e-mail that relate to
information within the record may be considered by the quasi-judicial body Other
parts must be redacted and may not be considered.
4.8 Citizen Correspondence. Policy and Procedure #800-04, Council Correspondence
and Agenda, applies to e-mail correspondence as well as to other forms of written
communications.
5.0 DEFINITIONS:
5.1 Council "action": "Action" under the Open Public Meetings Act means the
transaction of the official business of a public agency by a governing body including
but not limited to receipt of public testimony, deliberations, discussions,
considerations, reviews, evaluations, and final actions. "Final action" means a
collective positive or negative decision, or an actual vote by a majority of the
members of a governing body when sitting as a body or entity, upon a motion,
proposal, resolution, order or ordinance. RCW 42.30.020 (3)
2
5.2 Electronic Mail (E-Mail) System: A means of creating and sending messages
between computers using a computer network or over a modern.
5.3 E-mail Messages or Communications: Any communication that is broadcast,
created, sent, forwarded, replied to, transmitted, stored, held, copied, downloaded,
displayed, viewed, read, or printed by one or several electronic communications
systems or services. This includes the contents of the communication, the
transactional information, and any attachments associated with such communication.
5 4 Public Records: Any "writing" containing infonnation relating to the conduct of
government or the perfonnance of any governmental or proprietary function
prepared, owned, used, or retained by any State or local agency regardless of
physical fonn or charaCteristics. RCW 42.17.020 (36). (Any e-mail regarding City
business of which a Councilmember is a party, is a public record.)
"Writing" as regards public records, means handwriting, typewriting, pnntmg,
photostating, photographing, and every other means of recording any form of
communication or representation, including, but not limited to, letters, words,
pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic
or paper tapes, photographic fIlms and prints, motion picture, film and video
recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings,
and other documents including existing data compilations from which information
may be obtained or translated. RCW 42.17 .020 (42)
5.5 Public Records Disclosure: Records requests and related process regulated by
RCW 42.17, whereby "each agency .shall make available for public inspection and
copying all public records, unless the record falls within the specific exemptions of
this section or other statute." RCW 42.17.260 (1)
5.6 Records Management & Retention: The City's program for records management,
facilitated by the City Clerk's office and based on Records Management Guidelines
and General Records Retention Schedule issued under the authority of the
Washington State Local Records Committee through the Office of Secretary of State,
Division of Archives and Records Management, in compliance with Chapter 40.14
RCW
57 Quasi-Judicial Role: A quasi-judicial role is one where the Council member is
performing a function as a member of an appellate body, detennining the legal
rights, duties, or privileges of a party to a hearing, or other contested matter, rather
than matters affecting the public as a whole. An example is an appeal from a land-
use ruling.
5.8 Retention Value: The degree of importance attributed to a document measured by
the Records Retention Schedules issued and approved by the Washington State Local
Records Committee, Office of the Secretary of State, Division of Archives and
Records Management.
3
5.9 Transitory Messages: E-mail communications which are a public record, but which
have no state mandated retention value and can be deleted when its administrative
use has ended without being printed and fIled as part of City records management.
6.0 PROCEDURES:
6.1 Councilmember Responsibility Each individual Councilmember is responsible for
complying with laws and regulations that govern City e-mail communications.
Councilmembers are encouraged to send and receive e-mail messages related to City
business through the City Council system. A copy of each such e-mail message sent
and received on other systems must be forwarded to the Council liaison for filing
and retention.
6.2 Council Liaison Responsibility. The Council Liaison will manage and maintain
Council e-mail messages according to law and the City's records retention policies,
and will assist Councilmembers with maintenance of their e-mail mailboxes.
6.3 City Clerk Responsibility. The City Clerk will provide the Council Liaison with
the City's records retention policy
6.4 City Attorney Responsibility. The City Attorney's Office will provide current
infonnation and advice to the Council President, the Council Liaison, and individual
Councilmembers to assist the Council in complying with all applicable laws and
regulations relating to Council e-mail messages.
4
POM Tc){.u;~.~
COUNCIL CORRESPONDENCE PROCEDURE
City Council E-Mail
Each Council member has an individual City e-mail address through Townsend
Communications. The domain name is "ptcitycouncil.org." Individual account
addresses consists of the first initial and last name. Example:
crobinson@ptcitvcouncil.orQ. These addresses are published on the City's web
site and on Council member business cards.
E-mails are forwarded by Townsend Communications to an e-mail address
(usually home) provided by the Council member These e-mails are also
automatically forwarded to the City Clerk's office for public record-keeping
purposes.
Council members may also request that e-mails be distributed to them in hard
copy rather than forwarded bye-mail. Council members may contact the staff at
Townsend Communications (385-0464) for assistance if they wish to set up a
filter system on a personal computer which will enable them to file City business
e-mails separately from personal e-mails.
Because e-mails originating from Council members will not automatically
be forwarded to the City, it is necessary for these outgoing e-mails to be
copied either to the City Clerk's office or to citvcouncil@cLport.
townsend.wa.us (again, for the purpose of public record keeping and to
protect Council members from having to deal personally with public
disclosure requests.)
With few exceptions, communications regarding City business are disclosable
under the Washington Public Disclosure Act. Councilors may wish to set up an
automatic reply note that is included in every e-mail sent out which states: "E-
mail sent and received conceming City business, like written correspondence, is
subject to public disclosure laws and must be disclosed upon request, unless an
exception to disclosure provided by law is allowed. The exceptions to disclosure
are limited and in almost every case, disclosure must be made on requests.
Marking an e-mail or document "confidential" does not make the document non-
disclosable." By routing all e-mail correspondence through the City and by
separating business from personal e-mail, electronic files are centralized so
public disclosure requests can be handled through the Clerk's office. This also
allows Council members to protect personal, non-City business related
correspondence from public disclosure.
The great majority of correspondence to the City Council is received
electronically "Spam" mail that arrives at the general City Council address
(ptcitvcouncil@cLport-townsend.wa.us) is deleted without forwarding (although
Council Correspondence Procedure
1
Updated 12/05
Council members will receive directly any mail addressed to the individual
accounts. )
The Clerk's office tracks Council mail for public disclosure and record-keeping
purposes in the following manner'
1 Council Information Packet
The City Clerk's office will distribute a log of miscellaneous e-mail or written
correspondence addressed to the City Council approximately once a week to
Council members and staff "Miscellaneous" correspondence is correspondence
is correspondence that is unsolicited, general interest e-mail or written mail which
does not directly concern City business; for example, information about non-City
committees and organizations, flyers, or forwarded general information, usually
something that is being distributed by the sender to a wider audience than the
City Council. If this material is received via e-mail, it will be forwarded to
individual Council members. If the correspondence is written, it will not be
copied and forwarded, but will be kept, along with hard copies of the e-mails in
this category, in three-ring binders in the Administration office and in the Council
mail room. Staff will provide copies of any item upon request. (You may simply
circle the item you want on the cover sheet and provide to the City Clerk staff.)
2. Council Correspondence (External)
Letters (including e-mails) from citizens or agencies directly related to City
business will be distributed upon receipt, to the addressee (except as provided in
(4) below). The original correspondence will be filed in the Clerk's office. The
copies distributed will be stamped to indicate distribution (examples of action:
"copied to council" "copied to staff' "included in committee packet" "no reply
needed").
Correspondence will be tracked on a status log which will be updated and
distributed to Council members every two weeks. The log and the original file
are available for viewing at any time. The correspondence status log indicates
whether the letter has been forwarded to a City department, which department,
date offorwarding, and date of reply Replies will be copies to the Clerk's office
and kept in the file with the original letter Council members may request a hard
copy or forwarded electronic copy of any item listed in the log (from the Clerk's
office.)
3 Council Correspondence (Internal)
All internal communication (between staff and Council) will be logged in at the
Clerk's office and distributed to the address(s) (except as provided in (4) below).
The date, sender and topic of the correspondence will be logged in and the log
will be distributed at the same time as the external correspondence status log.
Council Correspondence Procedure
2
Updated 12/05
The original correspondence will be kept in a binder in the Clerk's office for public
review Council members may request a hard copy or forwarded electronic copy
of any item listed on the log, from the Clerk's office.
4 Exceptions to the above distribution procedure.
a. If material is received by City Administration that relates to an
agenda item coming before Council the next week or two, the material may be
held for inclusion in the Council packet; for example, if the public has been
invited to comment as part of a public hearing. If materials are voluminous, the
Clerk may distribute as it is received to allow Councilors more time to review the
material.
b. Material exempt from public disclosure would not be included in
council correspondence (extemal) or council correspondence (intemal).
Council COlTespondence Procedure
3
Updated 12/05
~)&fY~
RESOLUTION NO. 25-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLD BAR, WASlllNGTON, ESTABLISlllNG A POLICY
FOR DISSEMINATION OF WRITTEN COMMUN1CATIONS
TO Al'\'D FROM CITY COUNCILMEMBERS.
WHEREAS, RCW 42.30, the Open Public Meetings Act (OPMA), requires that
City Council business be conducted in meetings open to the public, and
WHEREAS, e-mail communication is a simple, fast and expedient method of
communication, and
WHEREAS, e-mail and other forms of communication can be used in violation of
the OPMA, and
WHEREAS, serial, interactive communications among Councilmembers may
violate the OPMA,
WHEREAS, the Council desires to meaningfully communicate with each other
and respond to written communications without violating the OPMA, and
WHEREAS, the City Council desires to establish a policy for written
communications between Council and staff and among members of the Council, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF GOLD BAR, W ASlllNGTON,
HEREBY RESOL YES AS FOLLOWS:
IP A0593001.DOC;liOOOM.900000i900000}
- 1-
Section I. CounciImembers shall not send any written communications, including e-
mai1, to more than one CounciImember, except that a CounciJrnember may send written
communication to more than one other CounciImember by submitting it to the City C1erk. The
City Clerk shall include the communication in the next Council packet scheduled for distribution
or at the next Council meeting, whi~hever occurs sooner. The Clerk may delay distribution of a
communication until the Council convenes a meeting, if it appears that distribution in the packet
would violate the OPMA. CounciImembers may send communications to more than one
counciImember without submitting it to the City Clerk if the communication is in response to a
communication from the mayor or staff (outside of a counciJ meeting) to more than one
councilmember.
Section 2. The Mayor and staff may send written communications to any and/or all
CounciImembers. All responses to such communications by a CounciImember shall be included
in the Council meeting packet or distributed at a regular or special meeting of the Gold Bar City
Council.
Section 3. CounciJrnembers may not respond to the author of any counciImember
communication sent to more than one CounciJrnember. The author of the communication may
discuss the communication with no more than one other counciImember, except in an open
meeting that complies with the OPMA.
Section 4. Each written or e-mail counciJrnember communication to more than one
counciImember shall include the following warning:
UI\'DER THE OPEN PUBLIC MEETINGS ACT, CHAPTER 42.30 RCW, IT MAY
BE POSSffiLE TO HOLD A MEETING THROUGH THE EXClIAL"'GE OF
EMAIL OR OTHER WRITTEN COMMUNICATION. TillS ;\IESSAGE IS
SENT TO YOU FOR THE PURPOSE OF PROVIDING Th'FOR;\IATION UNLY;
{P A0593001.1XJC; liOOl>>4.900000j900000}
-2-
TO ASSURE C01\1PLlAt~CE WITH THE OPEN PUBLIC MEETINGS ACT,
RECIPIENTS ARE ASKED NOT TO RESPOJ'l.'D TO THE SE1\'DER Ai'\'D/OR
OTHER IHEMBERS OF THE CITY COUNCIL.
Section 5.
CounciJmembers may communicate with one other CounciJmember
outside of a Council meeting and without first sending the communication to City Hall so long as
the communication is not sent or forwarded to any other member.
Section 6. The purpose of this e-mail policy is to prevent inadvertent violations of the
Open Public Meetings Act and to establish a process whereby written Council communications
are retained at City Hall so that they are readily available for public disclosure as required by the
Public Disclosure Act It is not the intent of this policy to inftinge upon the First Amendment
rights of CounciJmembers to express their opinions and lobby for their constituencies. In this
regard, the sole means of enforcement of this policy shall be the refusal of participating
Councilmembers to read any communications disseminated in violation of this policy
RESOLVED this _I 5th_ day of
March
,2005
APPROVED by the Mayor this _ day of
,2005.
MAYOR, COLLEEN HAWKINS
ATTEST
HESTER GILLELAi'ID, CITY CLERK.
FILED WITH THE CITY CLERK..
PASSED BY THE CITY COUNCIL.
RESOLUTION NO
{P A0593001.DOC; llOOQ44.900000J900000}
-3-
To: City Council
Subject: Evaluation of GroupWise Version 7.0 versus Version 5.5
Date: 5/3/06 C\ /['
From: Dennis RObertsoqzJV~
The City currently uses GroupWise 5.5\VhiCh was last upgraded in 2000. The current,
2006 version of Groupwise that Novel sells is 7.x and it appears to contain many new
features and enhancements that would aid our office-based users, our remote users, and
our IT staff in the administration of the system. However, I limited my comparison to the
remote user features that we Council Members would use from our homes.
Finally, I did not have an actual working copy of GroupWise 7.x to evaluate so I
downloaded the Version 7.x documentation from the GroupWise web site and used it as
my guide to the new features.
First, the WebAccess client has a new look and feel that brings the remote access use
closer to the look and feel of the office (Windows) use. The new features I noticed are:
1. A "Drag & Drop" capability has been added that should dramatically improve the
ease of attaching documents (Word documents, spreadsheets, pictures, etc.) to and
from an email.This is a big improvement because the current method is slow and
clumsy
2. There is now a "Notes" feature that allows a user to send a note to another user
that can be set to appear at a certain date and time on the recipient's calendar.
3 There is now a "Search and Find" feature that can be used to 'find' specific items
in email folders.
4. Email items now have "boxes" that Cml be checked so that 'mass' moves can
happen. This would be very useful in 'deleting' unwanted emails since the V5.5
process for doing this remotely is hideously clumsy and slow
5. A remote user can now check the status of a sent email (within the City system) to
see if it was read, deleted, etc. The sender can actually retract an unread email.
6. The Address Book now can contain many more pieces of information such as cell
phone numbers, zip codes, pager#'s, etc. and these items can be searched so that
an email address can be found even if the name isn't known. The address book
can now contain entries for organizations and resources as well as people.
7 There now is a "Check Lists" as well as a "Task" feature. The Checklist feature
supports folders so emails that we wanted to follow-up on could be added to the
Checklist folder.
8. Remote dial-up performance has been improved because the amount of data
downloaded during an average session has been reduced.
There are probably a lot of other, potentially more beneficial new features, but the above
list is what I found. I've been using the remote capability now for almost a month and I
would personally find the new features very beneficial.
COUNCIL AGENDA SYNOPSIS
k� .?sy,
eC i _'riiiaG ITEM O.
O `:2
e n y 1 Meetin Date 1 Prepared bi l ZI �or's r -:izv m:_t review
N: I� j2 0 05/08/06 I PO 1 tc2 Cc /IV Q
rsoa I I I I
I I I I I
ITEM INFORMATION
CAS NUMBER 06-056 I ORIGL\AL AGENDA DATE: May 8, 2006
AGENDA IPEMTITLE Possible revisions to Code of Ethics
CATEGORI Discussion Motion •Resoktion p Ordinance BidAward Public Hearing Other
Af Dafe 5/8/06 Mug Date Mrs Da ta Mfg Dole .Lg Date Mlg Date MtgDate
SPONSOR Comna! Mayor Ado; Surs DCD Finance Fire Legal P &R Police PIP”
SPONSOR'S There has been discussion regarding the City's Ethics Code and it relationship to elected
SUM 1JARY officials. Several options to create a different system for elected officials are provided for
discussion.
REVIEWED BY COW Mtg. CA&P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 4/3/06
RECOMMENDATIONS:
SPONSOR /ADMEN. Give direction to CA so specific ordinance language can be drafted
CoMMUTEE 1
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Conunents:
MTG. DATE RECORD OF COUNCIL ACTION
1
I I
I I
I i
MTG. DATE I ATTACHMENTS
5/8/06 1 May 1, 2006 Memo to City Council from City Attorney
1 1 April 3, 2006 Finance Safety Committee Minutes
I I I
I I
I I
I I
I I I
KENYON DrSEND, PLLC
THE "\IUSICII'\L L\ W FIR-II
11 FRO"T STREET SOCTH
Iss_-\QL\H:, 'V_\SH[~GTO~ 98027-3820
W\.tW.KESYo~DISE'SD_CO~1
(+25) 392-7090 . (206) 628.9059
FAx (425) 392-7071
11ICH.\EL R. KE.""';-Yo:s-
BRecE L DISE"D
PETER B. BECi(WITH
THml\S J GUILfOIL
RE"EE G. \\CULS
JOSEPH B. LEr,!..~
K"u L. SA"D
i\I0:\IG-\ A. Bee.::
KUHR1:': J HARDY
S.-\:\'DRA S. 1-1E-\DOWCROIT
SHELLEY .\.t KERSL\KE
HEIDI L BROSIUS
KERR! A. JORGE"""
L\CEY L. .\t.\DCHE
INFORi"\IATION MEMO
To:
From:
Date:
Subject:
City Councilmembers, City OfT~uk\Vila
Shelley Kerslake, City Attorney ,
May 1,2006 I
Proposed Changes to the Ethics Code
ISSUE
Whether the City Council would like to amend the City's Ethics Code to define a separate
process for elected officials.
BACKGROUND
My office was asked to prepare options for the Council to consider in revising the City's Ethics
Code regarding the handling of ethics complaints against elected officials. The stated purpose of
this amendment is to make the process of handling such complaints more transparent and
accessible to the public.
The Finance and Safety Committee was presented with four options to consider. After
deliberation on each of these approaches, a fifth option was developed which received the
recommendation of the Committee.
This memo attempts to summarize all options and the pros and cons of each, as discussed by the
Finance and Safety Committee.
DISCUSSIONfAJ"ALYSIS/AL TERi"ATIVES
The current Ethics Code treats complaints against electeD/appointed officials in the same manner
that employee complaints are handled. A complaint is filed with the Mayor or City Attorney
The Mayor designates an individual to conduct an investigation. If the complaint is against the
Mayor, it is forwarded to the City Attorney for designation of an investigator. The investigator
prepares written findings and conclusions which are forwarded to the Mayor or City Attorney
The Mayor or City Attorney shall prepare a written disposition of the complaint; a copy of which
is sent to the complaining party and to the investigator. The party complained against may
appeal the disposition to the hearing examiner.
C'Doc"""ut>.oo "',"n",'P"",,"-01=' "'''''5d'V'i~G''''\r~~t;t'o~'G'i'ig~cJ!.''1'9<13offid,.doc.P,0501 06
Op tion A
. Ethics complaints regarding elected officialslboard members are directed to the City
Attorney The City Attorney's office wiJI select an outside investigator. The person
selected will conduct a full investigation of the complaint and make a recommendation
regarding whether a violation of tbe Ethics Code bas occurred. This recommendation
wiJI be forwarded along with the investigative report to tbe City Council. In its
discretion, tbe Council may render its decision based upon the findings and
recommendations of the investigator (the complained-against party must recuse
himlberself rrom the proceedings.)
. The City Council may take any of tbe following actions by a majority vote of the
Council:
o Dismissal of cbarge.
o Admonition. An Admonition sball be a verbal, nonpublic statement approved by
the City Council and made by the Council President or his or her designee, to the
individual.
o Reprimand. A reprimand shall be administered to the individual via a resolution
of the City Council.
o Removal of the member rrom appointed boards and committees.
o In the case of appointed board members, removal rrom the position.
If appealed, the City's Hearing Examiner would hold the appeal hearing.
The pros ofthis approach, as discussed by the Committee, were twofold:
1 It placed the investigation in the hands of a neutral party
2. It gave the Council a rramework for evaluating the evidence and the charge.
The cons of this approach, expressed by the Committee included:
1. This approach placed Councilmembers in the position of judging their peers.
2. It created a public forum for complaints that might be baseless and brought for political
gam.
Option A.I
. The same process outlined in Option A would be followed with the exception of a
hearing occurring at the Council level. Rather than the City Council basing its decision
on the investigation and the recommendation of the investigator, the City Council would
hold an evidentiary hearing, acting as a judge presiding over a trial. I
. At the conclusion of the hearing, the Council would have the same disposition options as
outlined in Option A.
I In this instance the Council would need to hire outside legal counsel to assist in this proceeding.
-2-
C:;.f).ocUTl);;--n~ and Setrin,?'-Patrdz.-ULoca1 $euir;gs\Te;:qrCO'.I!:<:il- .\Ire-w EtEcs coc~. ~"1J-3.me' ri1X'<;::o,S fare~e-.:w1 oiE-ci~'-G."X'.,p;D5.m,Ni
The pros found by the Committee associated with this option included.
1 This approach gave the Council the ability to judge the credibility of the witnesses.
2. A public forum was created by this option.
The cons, discussed by the Committee were many-
1 This approach has the potential to turn a Council meeting into a "circus"
2. The Council might feel uncomfortable holding an evidentiary hearing.
3 There would be additional expense relate& to hiring outside counsel to assist with the
proceedings.
Option A.2
. The same process outlined in Option A would be followed, except the Council's
jurisdiction would only extend to Councilmembers and appointed board members.
. In cases where the complaint is against the Mayor, the process outlined in the current
Ethics Code would be followed, only, at the time a recommended disposition was made,
that recommendation would be forwarded to the Council for informational purposes only
Similarly, any outcome of a hearing examiner proceeding would be forwarded to tbe
Council for informational purposes only
The pros discussed by the Committee for this approach were:
I This option took the Council out of the role of passing judgment on the Mayor, which
was felt to be outside the scope of the Council's role.
3 It placed the investigation in the hands of a neutral party
2. It gave the Council a ftamework for evaluating the evidence and the charge.
The cons discussed by the Committee were:
1. This approach placed Councilmembers in the position of judging their peers.
2. It created a public forum for complaints that might be baseless and brought for political
gain.
Option B
. Board of Ethics
o Three members would be appointed by the Mayor and confirmed by the City
Council to voluntary positions.
o Upon receipt of the initial complaint the board shall conduct a preliminary
investigation within 30 days. (This can be accomplished by the board or by hiring
an outside investigator.)
-3-
C:'!)o:illO:;ut5. and Setring5"Pa.mela-O"1.c-..cI &ttir,~';T€II9'_WlJXiI. .-\m;c.,j Edics ro.:e, ~te Fo..~ fD[e~:(';cd ofii.-iaL,Q....;c:P,Q5:01,;)5
o After a preliminary investigation the board determines if the complaint should be
dismissed.2
. Hearing
o If the complaint is not dismissed - the board shall hold a hearing and issue a
written detennination.3
o If the board determines that a violation of the provision of the Ethics Code has
occurred, a recommendation will be made to the City Council and the Council can
take the action indicated in Option A.
The pros to this option, discussed by the Committee included:
I. A neutral body to hear the evidence and make recommendation.
2. A full hearing opportunity was provided.
The Committee discussed many cons associated with this approach including:
1. The expense ofbiring many outside attorneys to assist in the proce-ss.
2. The fact that members could be appointed and never be asked to serve.
3. Training the board members would be an issue.
4 The appointment process might be politicized.
After thorough discussion of the above stated options the Committee recommended an Option C.
Option C
The process that is in the current code would be utilized with additional language added
regarding Council notification.
Upon receipt of a complaint about an elected official, the City Attorney will send a
confidential memo to Councilmembers informing them of the complaint. The investigation
and adjudication process will proceed as outlined in the current code. Upon a finding by the
Mayor or City Attorney, as appropriate, another memo will be sent to the Council. If the
complaint is not sustained then the memo will be a confidential memo from the City
Attorney If the complaint is found to be valid, then the findings and conclusions are placed
on the Council agenda for information purposes only
The Committee felt that this approach accomplished the goal of having the Council informed
yet protecting those who may be the subject of spurious complaints. If a violation has
occurred, there will be a public record of it making the process more transparent and
assessable to the public.
, These board meetings would be open to the pOOhc and minutes would be produced and available to the public.
3 In this instance, the City Attorney will not be legal counsel to the board; outside counsel "ill need to be retained.
In addition, the City Attorney shall not represent any officiallmernber who is the subject of a complaint If such
official/member desires to be represented by an attorney, the official/member shall retain the se[\~ces of an attorney
at the officiallmember's expense.
-4-
C:\!)oc1!!IJtn13 and SeIDngs'P-clT.eh-U.Local Selrings\Te~'Cou:d. Am;--;:..:l E!h:C$ ,.ode. ~..ratt: proces.s for e!~tN officiili.cro'P.D5. uJ,C6
RECOl\ThIEi\'DATION
Provide the City Attorney's Office with direction regarding the desired approach so that
specific ordinance language may be drafted for Council consideration.
-5-
C:\I:>o:trn;nt5 ar.-d Settings"Parnth.oLocal Settings',TeIql Cocr-:ll ~.-\m:;:<:;j E-dTh:;; cOC-c, ,S.;:-"1'~tc prvc-.es.s for e~c-c!erl OfE-i'J2b.dDCl',OiOl,C.s
---------
-------.
-',
TUKWILA FINANCE AND SAFETY COMMITTEE
April 3, 2006, 5:00 pm, Conference Room #3
MINUTES
ATTENDEES:
Chairperson, Pam Carter, Jim Haggerton, Vema Griffin
Steve Lancaster, Shelley Kerslake, Christy O'Flaherty
1 PRESENTATIONS - None
2. BUSINESS AGENDA
a. Ethics Code Changes, Shelley Kerslake, City Attorney
~
Shelley Kerslake, City Attorney, indicatl;!d her office has been requested to create a separate process for
elected and appointed officials regarding ethics complaints. The informational memo included in the
Finance & Safety Committee agenda packet provides mulliple options for consideration by the Committee
as follows:
Option A.
-Ethics complaints regarding elected officialslboard members are directed to the City Attorney. The city
attomey's office will select an outside investigator The person selected will conduct a full investigation of
the complaint and make a recommendation regarding whether a violation of the ethics code has occurred.
This recommendation will be forwarded along with the investigative report to the City Council. In its
discretion, the Council may render its decision based upon the findings and recommendations of the
investigator (the complained.against party must recuse him/herself from the proceedings).
. The Council may take any of the following actions by a majority vote of the Council. Dismissal of the
charge; Admonition. An admonition shall be a verbal, nonpublic statement approved by the City Council
and made by the Council President or his or her designee, to the individual; Reprimand. A reprimand
shall be administered to the individual via a resolution of the City Council; Removal of the member from
appointed boards and committees; In the case of appointed board members, removal from the position.
-If appealed, the CIty's Hearing Examiner would hold the appeal hearing.
Option A.1
-The same process outlined in Option A would be followed with the exception of a hearing occurring at
the Council level. Rather than the City Council basing Its decision on the investigation and
recommendation of the investigator, the City Council would hold an evidentiary hearing, acting as a judge
presiding over a trial.
-At the conclusion of the hearing, the Council would have the same disposition options as outlined in
Option A.
Option A.2:
-The same process outlined in Option A would be followed, except the Council's jurisdiction would only
extend to Councilmembers and appointed board members.
-In cases where the complaint is against the Mayor, the process outlined in the current Ethics Code would
be followed, only at the time a recommended disposition was made, that recommendation would be
forwarded to the Council for informational purposes only Similarly, any outcome of a hearing examiner
proceeding would be forwarded to the Council for informational purposes only
Option B:
Board of Ethics:
-Three members appointed by the Mayor and confirmed by the City Council- this would be a voluntary
position.
-Upon receipt of initial complaint the board shall conduct a preliminary investigation within 30 days. (This
can be accomplished by the board or by hiring an outside investigator).
.After preliminary investigation the board determines IT the complaint should be dismissed.
~
]/
FINANCE AND SAFETY COMMITTEE MINUTES
April 3, 2006
Page 2
OPTION B - CONTINUED
Hearing:
-If the complaint is not dismissed - the board shall hold a hearing and issue a written determination.
-If the board determines that a violation of the provision of the Ethics Code has occurred, a
recommendation will be made to the City Council and the Council can take the action indicated in Option
A.
The committee members discussed the, options presented for consideration. Concern was expressed
about any option that would have one council member passing judgment over another The committee
members stressed the importance of the full Council being kept informed in the event of an ethics code
investigation. They also conveyed the necessity of the public having a "right to knov/' in the event an
ethics violation has occurred.
The committee members requested the City Attorney provide an informational memo outlining an
additional option based on these discussions. The committee would like to see the current framework for
handling ethics code violations remain in place with some additional language. When an elected or
appointed official is the subject of an ethics code investigation, fhe Council would receive a confidential
report from the City Attorney's ottice explaining the charges. Once a determination has been made, the
Council would be notified. If fhe investigation provided that an ethics code violation did occur, the issue
would be put on a Council agenda for formal consideration and resolution. Forward to a future
Committee of the Whole.
3. ANNOUNCEMENTS - None
4. MISCELLANEOUS - None
The meeting concluded at 6:06 pm.
Minutes prepared by Christy O'Flaherty, Deputy City Clerk
Approved by Pam Carter, Chair, Finance and Safety Committee
RC.
,
Tentative Agenda Schedule
MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4-
REGULAR C.O.W. REGULAR c.o.w
May 1 8 15 22
29th - Proclamation: Special Issues:
Memorial Day See agenda packet Designating Tuesday~ - Community
(City offices closed) , cover sheet for this ~'Iay 16" as IIPeace Emergency
(also 5th Monday- .week"s agenda Officers lv!emorial Response Team
no Council meeting (May 8, 2006 Day" (CERTs) Program
scheduled) Committee of the Unfinished Business: - Subdiv-ision code
Whole meeting). An ordinance changes ordinance
extending the current
moratorium on certain
land divisions and
development activities CO~~I!TIEE OF THE
within the transit-
oriented development WHOLEM.EEIlNG TO BE
(TOD) planning area. FOLLOWED BY A
SFECL4.L MEETfi'G
June 5 12 19 26
Special Presentation:
"The Health of King
County"
art/ia Patterson, King
Cou"ty Cmmcil)
July 3 10 17 24
4tJr_
Independence Day
(City offices closed)
31st_ CO,~I!TIEE OF THE
Fifth Monday of the WHOLE 1v!EEnNG TO BE
FOLLOWED BY A
month-llo Council SPEGAL lvIEETIi'G
meeting scheduled
Meeting) I~ "'"'3Y I I Fo, mor, information
Action Cmte, visitww......be.c1.......-ard
>- City Council 7:00 PM wildlifefair.oP (or I
Committ~ of (Communfly , ! I call20~768-2822) i
I the Whole CenJer) I
Mtg.,
7:00 p.\{ I I Postal Carners
(Co!l.r.ctl Food Drl'ie today!
CJ-dlJ11bzr.5) I ;
15th (Monda\') 16th (TueSday) 17th (Wednesdav) I 18th (Thursdav) ! 19th tFrida\'\ I 10th (SaturdaY) I
,
, Finance & I Tuk'wiIa PoHce :> Crime Hot Spots I >- Dom~tic I I Chipper Day J
, I
S~Jt:ty CrnIe, Department Task Force Mtg., Violence Ta::k !
I 10:00 A..\I to ""-::;:J
5:00p.\t National Police 10:00 A'.t (CR #=5) Force, ,,00 '" r~~l
(CR #3) Officers Memorial 12:00 Noo~
Day Celebration FARMERS MARKET (CR #5)
>- City Council j~ Back for its s.erond Spedal Residential I
y,ar, Slartiog May17! I Rec)'cling Ennt
Regular Mtg., Comzr of 14-lth St. ard I 9:00 A~{ - 3:00 P' \ J
7:00 P.\' 10:00.\..\1 Tub~'ila lrJL Blvd. I New lo~tion!!:-
(Co/meil
Chambers) (FlagpDle aJ City Hull) Ever)' Wednesday 1 I Comer ot S. lMth St. \
(now through Sept 21) I & 41st Ave. S. (OI'.'-' .
I 'I' f.... I
3:00 to ;:00 P.'tt D (Xi.: \\ e5t 0 r05ter I
>- Utilities Cmce, Jom US for the ribbon , High School)
5:00 PM cuning today at 5:30 P~{ I Jr<fo: 206-433.1800 I
...>>-,. I
(CR#!) i
Ii'> "' r\fayfair 2006 ,
I I
:;. Parks Commi~iQn, ; ll:00.~.{ 3:00 P~~
5:30 PM j arthe TlIJc\\iJz
(CommW1ilJ' Or.) I I Co:nmunity Center
I
I I . j
>- Library Ad\isory I I I
Board, 7:00 PM I
I FREE family fun! I
I I (Foster Library) ! IrJo: 206-768.2822 I
~~ >> May 15 through 26: Free disposal passes for Tuk....i[a residents available for pickup at City Hall f~i I
p~ \\ill be ...-alid at Bo\v La..l.::e Transfer Station May 19 through 29 O~'L Y
I
18th Ilonda\.)
>- Transportation
Crnle,
5:00 P~.!
(CR =/)
;- Ci\ilServlce
Commission,
5:00 P~(
(CR id)
>- Executive
$e.:;.sion
6:30 P~t
(POTDm.-\L
LIl1G.-\110::<:)
(immdiare/;'
priOr to COW
Upcoming Meetings & Events
MAY 2006
I 9th uesda\'
,. Lodging Tax
Advi:.ory
Committee
(braimroming
meeting),
11:00 A..t to 1
2:00 P'.I I
(Doublwee Suites
in Tukv.ila)
I lOth
I
/ 11th lmn.da\')
I Groundbre.aking
I" ceremon.r-
Westfield
S!ioppingtown
SOlJl!iceJlter
expornion project
9:00-10:00 .-\...'\!
(W~t entrar.ce-
en1a" off
SoWhc2n!er Ph.y.)
'ednesdav)
1 12rl:1
!
!
I
I
j
(Frida,.
11Jtb Saturd.:n.)
i 6th Annual
I Bado-ard WiJdlife
, -Festival
at th<:Tuk\\ii:J,
Co:nmuniry Cenkr
I ~t"
! 10:00 --\..'1: -
! PrOi:eS5!On of the
! Sr:-ei:iesp:3.f2.de
i lOA~r-3p'f:
I Fair acti'ities
13:oo-5:oor:H
! Si:lf-guided tour
I -
i oflocalg~d,-,ns
)>- Community
AIfam & Par'""
Cmte,
5: 00 PM
I (CR ~3)
>- H'!ili 99
,.. Arts Commission: 1st Tues., 5:00 P.M, Tuk\\ila Community Centu. COnlact Kimberly I,[atej a1206-767.2342.
,.. Chipper Days, sponsored by the Wasa. State Dept. or Agrkulrnre: 3rd Sat, I 0:00 A\f to 1:00 P~t, Foster HS main p"_J'king IOL
Dispo~ of prunings and plant Ollierials ftom the longhomed b<x:tle quarantine area... Drh e your trucklo::.d of materials to the lot aDd
help nill be provided to unload,. chip, and dispose ofmaterial5 free of charge. Be S'lre to bring ill \\ith qus.ramine area 2ddres."
,.. City Council Committee of Whole (C.O.W.) ~leeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
;;:. 01)' Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
, Chit Senice Cotnmission: 2nd 11on., 5:00 PM, Conf. Room ;:::3. COnIact Bet. Willison at 206--433./8u.
)-Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 P~I, ConE Room :G. Agerd9 items for 5/9.'06 m~tmg:
(A) Tukwila /nEern!l1ional BU'..dewud... arty,or.1; r.qxkne.. (8) Interlocal agreen;er.t with Cfry ofSMttlefor HearIfig Examir.er Sen..iCE-5.
(C) Off-site v;ellaml mifigation program... (D) Joint n:eeting v.ilh SeaTac Lar.d Use Commi/{e~ (EJ 2006 first q'.J.arm- r2pDrL
> Crime Hot Spots Task Force: 3rd Wed., 10:00 A.M, Cont: Room #5. Con/act l,[aFjt1 JJlD7ay 01206-133-7 } 75.
> Domestic Violence Task Force: 3rd Thws., 12:00 "Noon, Cant Room #5. Con/11ct E\'ie Boyhm or SfG0' Hamen af 206-433-7180.
>- Finance & Safety Committee: 1st & 3rd Man., 5:00 P.\" Com:. Room ;;3.
>Higbway 99 Action Committee.: 2nd Tues., 7:00 P~.f, Tu.'.v.vila Community Center. CorJa-:;1 ChiefDtr.<! Haynes Ql206-433-1812.
3> Library Ad\-isor)" Board: 3rd Wed., 7:00 p~~. Foster librar)'. CorJ~t B,..~e Fletcr.er at206-767-Z3.f3.
>- Lodging Tax Ad...isory Committee: Every other monih (or a5 s.choouled), 12:00 NOO~. Contact KEtr,erir.z Ker~man at 206-575-2-189.
.> Parks Commission: 3rd Wed.. 5:30 PM, S~nior Game Room at Cornmtmit)' Center. COTr.ta:t Kimh.;>rly I,[atej at 206-;67-2342.
,.Transportation Committee: 2nd & 4th ~{on., 5:00 P~.1, Conf. Room:;1. Agenda items/or 5/8/06 n:eetir.g. (.J) Tu.h~'ila Tror.sir
Cemer. (B) Tronsit Now pr.::.seTJation by King CO!lnty \tetro (C) Cor.c/.lTTe.r.~' modelir.g. rD) Cll}' Hall CO!1T.dl Remcd:.l-
Audia'VisuaI Upgradi! Project (completion ami a-ccep!ar'-::2). fE) 2006 first quarler report.
,.Utilities Commit1ee: lst& 3rd Tue:;., 5:00 P\t, Cont: Room =#1.