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HomeMy WebLinkAboutFS 2013-10-22 COMPLETE AGENDA PACKETCity of Tukwila Finance and Safety Committee O Dennis Robertson, Chair O Verna Seal O De'Sean Quinn AGENDA Distribution: D. Robertson V. Seal D. Quinn K. Hougardy Mayor Haggerton D. Cline P. McCarthy C. O'Flaherty S. Kerslake K. Mate] L. Humphrey K. Gilman S. Brown V. Carlsen J. Pace B. Kerin B. Linton TUESDAY, OCTOBER 22, 2013 — 5:30 PM CONFERENCE ROOM #3 (at east entrance of City Hall) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An ordinance relating to the Civil Service Commission. a. Forward to 10/28 C.O.W. Pg.1 Kim Gilman, Human Resources Analyst and 11/4 Regular Mtg. b. A resolution regarding Council benefits. b. Forward to 10/28 C.O.W. Pg.7 Stephanie Brown, Human Resources Director and 11/4 Regular Mtg. c. A resolution authorizing the cancellation of past due c. Forward to 11/4 Consent Pg.11 accounts receivable. Agenda. Vicky Carlsen, Deputy Finance Director d. A permit user fee for technology investments. d. Forward to 10/28 C.O.W. Pg.17 Jack Pace, Community Development Director and 11/4 Regular Mtg. e. An ordinance relating to interfering with traffic. e. Forward to 10/28 C.O.W. Pg.49 Brendan Kerin, Training Coordinator and 11/4 Regular Mtg. f. An ordinance regarding the Ethics Code. f. Forward to 10/28 C.O.W. Pg.55 Shelley Kerslake, City Attorney and 11/4 Regular Mtg. g. Police Department 2013 3rd Quarter Report. g. Information only. Pg.71 Bruce Linton, Assistant Police Chief 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, November 5, 2013 The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. TO: FROM: BY: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM The Finance & Safety Committee Stephanie Brown, Human Resources Director Kim Gilman, Civil Service Examiner On behalf of the Civil Service Commission DATE: October 15, 2013 SUBJECT: Amend Ordinance #1877 ISSUE Chapter 2.42.030 (A.3) of the Tukwila Municipal Code needs to be revised to reflect the current provisions of RCW 41.04.010.which governs the use of Veteran's Points in hiring and promotional processes. Therefore an amendment to Ordinance #1877 is needed. BACKGROUND Ordinance #1877 was passed by the City Council in 1999 to reflect the City's move to a Rule of 3 in terms of hiring and promotional decisions. There have been no amendments to this ordinance since that time. DISCUSSION One of these revisions was necessary due to changes in RCW 41.04.010 defining how Veteran's Points are used. Candidates eligible for Veteran's Points can claim either a 10% or 5% credit added to their final score. The choice of 10% or 5% is based on their retirement status. Eligible candidates may also utilize Veteran's Points up to their first promotion. The recently revised Civil Service Rules omits the outdated application of Veteran's Points and includes a reference to RCW 41.04.010 in its place. Ordinance #1877 needs to be amended to align with the revised Rules. One other minor housekeeping edit was made to the Ordinance to change "Personnel Department" to the "Human Resources Department ". FINANCIAL IMPACT There is no financial impact to this change. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the October 28, 2013 Committee of the Whole meeting and subsequent November 4, 2013 Regular Meeting. ATTACHMENTS Ordinance in draft form 1 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1877 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.42.030, "ORGANIZATION OF COMMISSION — POWERS AND DUTIES— SECRETARY," TO REFLECT THE CURRENT PROVISIONS OF RCW 41.04.010, WHICH GOVERNS THE USE OF VETERAN'S POINTS IN HIRING AND PROMOTIONAL PROCESSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council previously established a civil service system which substantially accomplishes the purposes of RCW Chapters 41.08 and 41.12, while at the same time meeting the particular needs of the City of Tukwila; and WHEREAS, in order to be compliant with recent revisions to RCW 41.04.010, an amendment is needed regarding the application of Veteran's Points; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.42.030 Amended. Ordinance No. 1877 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 2.42.030, "Organization of Commission — Powers and duties — Secretary," is hereby amended to read as follows: 2.42.030 Organization of commission — Powers and duties — Secretary A. Immediately after appointment, the Commission shall organize by electing one of its members chairperson and shall hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of its duties. It shall be the duty of the Civil Service Commission: 1. To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made. The W: Word Processing \Ordinances \Civil Svc amended re Veteran's Points strike -thru 10 -15 -13 KG:bjs Page 1 of 4 3 rules and regulations shall also provide for the classification of all positions within the Police Department according to the duties, responsibilities and qualifications of each and shall further provide the manner in which such classification shall be accomplished. The rules and regulations and any amendments thereof shall be printed, mimeographed or multigraphed for free public distribution. Such rules and regulations may be changed from time to time. 2. All tests shall be practical and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and /or manual skill. 3. The rules and regulations adopted by the Commission shall provide for a credit of ten percent in favor of all applicants for appointment under civil service, who, in time of war, or in any expedition of the Armed Forces of the United States, have served in and been honorably discharged from the Armed Forces of the United States, including the Army, Navy and Marine Corps and the American Red Cross, in compliance with RCW 41.04.010. These credits apply to entrance examinations only. 4. The Commission shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed. 5. Such investigations may be made by the Commission or by any commissioner designated by the Commission for that purpose. Not only must these investigations be made by the Commission as aforesaid, but the Commission must make like investigation on petition of a citizen, duly verified stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation, the Commission or designated commissioner, or Chief Examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punishable as such. 6. All hearings and investigations before the Commission, or designated commissioner, or Chief Examiner, shall be governed by this chapter and by rules of practice and procedure to be adopted by the Commission, and in the conduct thereof neither the Commission, nor designated commissioner, shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the Commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission; provided, however, that no order, decision, rule or regulation made by any designated W: Word Processing \Ordinances \Civil Svc amended re Veteran's Points strike -thru 10 -15 -13 KG:bjs 4 Page 2 of 4 commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members. 7. To hear and determine appeals or complaints respecting the administrative work of the Human Resources Personnel Department related to the Commission's duties, the rejection of any examination and such other matters as may be referred to the Commission pursuant to the duties outlined in _ _ - _ _ TMC sSection 2.42.030.A.1. 8. Establish and maintain in card or other suitable form a roster of employees covered by civil service. 9. Provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and, as a result thereof, establish eligible lists for the various classes of positions as established by the City; and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like cause, head the list in the order of their seniority, to the end that they shall be the first to be reemployed. 10. When a vacant position is to be filled, to certify to the appointing authority, on written request, the names of the three persons highest on the eligible list for the class. The Commission shall make provision in its rules for provisional or temporary appointments to be utilized when there is no such eligible list applicable to the vacant position, or which may be utilized at the discretion of the appointing authority when there are less than three names on the eligibility list applicable to the vacant position. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact continue to be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the Commission warrants an additional extension of such a provisional or temporary appointment. 11. Keep such records as may be necessary for the proper administration of this chapter. B. The Commission shall appoint a person to hold the position of Secretary and Chief Examiner. The duties of the Secretary and Chief Examiner shall be to keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the Commission may prescribe. W: Word Processing \Ordinances \Civil Svc amended re Veteran's Points strike -thru 10 -15 -13 KG:bjs Page 3 of 4 5 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Civil Svc amended re Veteran's Points strike -thru 10 -15 -13 KG:bjs 6 Page 4 of 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Stephanie Brown, Human Resources Director DATE: October 2, 2013 SUBJECT: Councilmember Benefits ISSUE Under the Patient Protection and Affordable Care Act (PPACA), the City's health expense reimbursement to Councilmembers is considered a stand -alone health plan. The reimbursement arrangement as it currently exists will be prohibited by PPACA after January 1, 2014. BACKGROUND Since 2001, a fringe benefit has been provided to Councilmembers to reimburse them for eligible medical, dental, vision, and health insurance premiums. The current benefit amount is $3,400 per Councilmember, per year. Reimbursement claims are processed by the Finance Department staff. In lieu of receiving the reimbursement benefit, Councilmembers have the choice of enrolling in the City's Self- Insured Medical /Dental plan. Any expenses incurred by Councilmembers' dependents are not eligible. DISCUSSION The Patient Protection and Affordable Care Act (PPACA) will no longer allow for City Councilmembers to receive a stand -alone reimbursement arrangement for healthcare expenses. In addition, the City would not be able to offer a Flexible Spending Account (FSA) arrangement as is currently offered to regular full -time and part -time employees to reimburse for medical expenses, not covered under our insurance. The reason why this option is no longer available due to changes in the healthcare legislation is that Councilmembers are not currently covered under an FSA plan; they currently do not contribute towards this benefit, and the reimbursement amount the City provides ($3,400) is more than two times what is allowable under the regulations. Therefore, the only option available is to continue to offer enrollment into the City Self- Insured Medical plan and Group Health Cooperative. Enrollment on the City's Self- Insured Medical /Dental Plan and Group Health Cooperative would happen in December, with coverage beginning January 1, 2014. For Councilmembers already receiving insurance through their workplace, the City's plan would be secondary. The City insurance would be primary if a councilmember is on a Medicare Supplemental plan. Dependents can be added to the plan on a self -pay basis. FINANCIAL IMPACT /RECOMMENDATION The health insurance premium for the City Self Insured Medical /Dental Plan would cost $509.94 (2013 rates) per Councilmember, and for Group Health Cooperative the cost would be $717.98, per month in addition to any impact on the plan. The Council is being asked to consider this item at the October 28, 2013 Committee of the Whole meeting and adopt the resolution at their November 4, 2013 Regular Meeting. ATTACHMENTS Resolution in Draft Form 7 8 AFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SETTING THE HEALTH INSURANCE BENEFITS FOR CITY COUNCILMEMBERS. WHEREAS, due to legislative action during 2007, the cost of a health care policy is no longer considered to be additional compensation for elected officials; and WHEREAS, since 2001, City Councilmembers have either received a reimbursement of $3,400 per year for his or her own individual and eligible health care expenses or the City has paid the premium for the Councilmember's individual coverage on the City's self- insured medical plan; and City's self insured medical plan for individual coverage; WHEREAS, under the Patient Protection and Affordable Care Act (PPACA), the City's health expense reimbursement to Councilmembers is considered a stand -alone health plan, and the reimbursement arrangement as it currently exists will be prohibited by PPACA after January 1, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Health Insurance Benefits: A. Each member of the City Council, beginning January 1, 2014, may enroll in the City of Tukwila's self- insured medical plan or the Group Health Cooperative plan. B. The City will pay the monthly premium for each Councilmember enrolled on the selected medical plan. This benefit will only cover the Councilmember and not additional family members. Councilmembers have the option of paying for dependent coverage separately. C. Enrollment on the a City's self insured medical plan shall be a fringe benefit available to the Councilmember by virtue of employment with the City and shall not be considered part of the Councilmember's stipend or wages W: \Word Processing \Resolutions \Health insurance benefits for Councilmembers 10 -16 -13 SB:bjs Page 1 of 2 9 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \Health insurance benefits for Councilmembers 10 -16 -13 SB:bjs 10 Page 2 of 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Finance Director BY: Laurie Anderson, Fiscal Specialist DATE: September 30, 2013 SUBJECT: Cancellation of Accounts Receivable ISSUE Each year a resolution comes before the Council for the cancellation of uncollectible accounts receivable. For 2013, these items include: False Alarms equaling $200.00, Miscellaneous Billings equaling $29,644.47 and NSF checks equaling $858.50 in the total amount of $30,702.97. BACKGROUND The process for tracking accounts receivable is quite thorough. The steps below are followed prior to preparation of the attached write -off resolution. • Invoice is sent to recipient by the Finance Department payable in 30 days. • If payment is not received within 30 days, the receivable is forwarded to our collection agency, Armada Corp., and placed in pre - collect status. •At this time, Armada sends a Delinquency Notice to debtor notifying them of the past -due status of the receivable and asks them to contact the City to make payment. Payments can still be made directly to the City while in pre - collect status. •Once 30 days have passed in pre - collect status, the receivable then rolls over to active collections. At the onset of active collections, a letter is sent to the debtor notifying them of status change and advising that all payments must now be made through the collection agency. • While in active collections status, debtor is contacted both by phone and letter. A search is made for assets with which the debt could be satisfied. Once the debt has been in active collections for 45 days, it is then reported to the national credit bureaus. • The last process in the collections cycle is the pursuit of legal action. This includes attaching checking accounts, garnishments and lawsuits. • The City will not issue or renew a business license until all outstanding debt owed to the City is paid. • It should be noted that while a debt may be written off our books; it is still active in Armada's collections process. 11 INFORMATIONAL MEMO Page 2 DISCUSSION The proposed amount of the 2013 cancellation of Accounts Receivable of $30,702.97 is higher than last year's total of $8,777.89. This is attributable to two main factors: • One of the requested write -offs is for $20,035.60. The original amount of this invoice, which is for a foundation replacement and complete signal pole assembly replacement, was $103,480.31. Washington Cities Insurance Authority paid $83,444.71 which is the amount of the invoice net of our indirect costs of $15,035.60 and our deductible of $5,000.00. While we are requesting write -off of the remaining balance, WCIA is pursuing the collection of the remainder. • Another of our requested write -offs is for an invoice for damage to a pedestrian pole. It was damaged by a hit and run driver and, as such, we do not know whom to bill. The invoice total is $6,006.80. • The total of these two receivables is $26,042.40 which is 84.8% of the 2013 write -off total. FINANCIAL IMPACT The financial impact of cancelling $30,702.97 will be to reduce our accounts receivable balance by this amount in keeping with Generally Accepted Accounting Principles (GAAP) for the writing off of bad debt. Please note that while we are writing off the accounts receivable for accounting purposes, the accounts are still being actively worked for collection purposes with the exception of those accounts where we cannot identify the responsible party. Accounts covered by bankruptcy law cannot be pursued. RECOMMENDATION The Council is being asked to approve the annual resolution authorizing the cancellation of Accounts Receivable and to forward this item to the Consent Agenda of the November 4, 2013 Regular Meeting. ATTACHMENTS Draft Resolution with Attachment A. C:1Users1 laurielDesktoplInfo Memo 2013.doc 12 AST A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. WHEREAS, certain receivables and checks have been deemed uncollectible after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Miscellaneous Accounts Receivable and Returned Checks. The total of $30,702.97 (per Attachment A) is deemed uncollectible. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A — Past -Due Accounts Receivable and Returned Check Write -offs as of September 30, 2013 W: \Word Processing \Resolutions \Past Due Accts Recv & Write -offs 9 -24 -13 LA:bjs Page 1 of 1 13 14 1 12/31/12 12/05/11 12/05/11 12/07/11 12/31/11 09/29/10 10/07/11 11/04/10 At rite -offs as of 9/3012013 achment A- Past Due Accounts Receivable and Returned Check Wr Customer Advance Interactive Systems Emerald City Marketing Emerald City Marketing Emerald City Marketing Emerald City Marketing Habitat for Humanity Hartung Building Kimco Realty Total False Alarms Fund # Invoice /Ck 000 PF -02109 000 PF -01751 000 PF -01752 000 PF -01783 000 PF -01857 000 PF -01500 000 FF -00166 000 PF -01576 False Alarms Amount $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 200.00 For Police false alarm Police false alarm Police false alarm Police false alarm Police false alarm Police false alarm Fire false alarm Police false alarm Notes Chapter 7 Bankruptcy To Armada 9/17/12-Status-Skip-No Locate To Armada 9/ 17/12-Status-Skip-No Locate To Armada 9/17/12-Status-Skip-No Locate To Armada 9/17/12- Status- Skip -No Locate Unresponsive to calls -moved to Renton 9/13/10 Unable to locate owner -bad address To EPR 11/21/11 Date 05/06/11 01/26/11 06/08/11 12/07/10 06/08/11 10/07/11 12/13/12 11/15/11 03/27/09 06/15/11 07/30/12 Date 7/20/2011 8/16/2011 9/17/2011 12/5/2011 6/5/2012 6/20/2012 Customer African Paradise Restaurant Boulevard Home Furnishings Boulevard Home Furnishings CB Richard Ellis Deluxe Film Services Deluxe Film Services Info Only -Hit and Run Prabhjeet Malhi Norandex - Reynolds Godfrey Pamosoo Zoopa's Total Misc. Billings Customer Olalade Williams Oakes Pauline A. White James P. Taylor Lisa M. Milkey Jamila A. Baker Richard L. Murchison Total Returned Checks Write-off Grand Total Fund # 000 000 000 000 000 000 000 000 000 000 000 Fund # 000 000 000 000 000 411 nvoice /Ck RF -00678 RF -00643 RF -00697 RF -00622 RF -00709 RF -00739 MB -01179 MB -00906 RF -00318 MB -00817 RF -00827 Miscellaneous Amount $ 60.00 $ 60.00 $ 85.00 $ 30.00 $ 85.00 $ 110.00 $ 6,006.80 $ 20,035.60 $ 23.15 $ 3,088.92 $ 60.00 $ 29, 644.47 Returned Checks nvoice /Ck # Amount 1081 $ 160.00 1116 $ 290.00 2033 $ 120.00 104 $ 91.00 1021 $ 154.00 2770 $ 43.50 $ 858.50 $ 30,702.97 For Fire re- inspection fee Fire re- inspection fee Fire re- inspection fee Fire re- inspection fee Fire re- inspection fee Fire re- inspection fee Replace pedestrian pole Foundation & signal pole repl Fire re- inspection fee Repair of guardrail Fire re- inspection fee For Adventure Camp Day camp Adventure Camp Youth Basketball After School Program Golf Cart Rentals Notes To EPR 9/13/11-Business closed 4/4/12 To EPR 12/9/ 11- Business closed 6/ 16/ 11 To EPR 12/9/11-Business closed 6/16/11 Did not manage this property - Gateway Olympia pd. half To EPR 9/13/11- Business closed l0/ I / l I To EPR 9/13/ I l- Business closed 10/1/11 Unknown driver - unable to bill . Balance after payment by WCIA Bal. after payment from EPR -They have since moved. To EPR - 11/21/11 Chapter 7 Bankruptcy Notes To Armada Corp 9/11/12 To Armada Corp 9/11 /12 To Armada Corp 9/11/12 To Armada Corp 9/11/12 To Armada Corp 9/11/12 To Armada Corp 9/11/12 EPR= Evergreen Professional Recoveries; our former collection agency. Writeoffs 8- 31- 13.xlsx Armada Corp has been our collection agency since mid -2012. 9/25/2013 16 ' 4111 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U���������U� on�n ��xnn�n�«n o��n���u~ n�x�~n�n��xu�mn�����nmn Mayor Haggerton Finance and Safety Committee FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director Brenda Holt, Permit Coordinator Christy O'Flaherty, City Clerk DATE: October 15, 2013 SUBJECT: Permit User Fee for Technology Investments (This item was also presented to CAP; based on the discussion, clarifying information has been added to pages 2-3, highlighted in yellow.) ISSUE Should Tukwila adopt a technology fee on building, public works and land use permits to offset the cost of the new permit tracking system and the cost of preserving and providing electronic access to permits? BACKGROUND The City is replacing its current permit tracking system, Permits Plus by Accela, with CRW's Trakit system. Our current system is used by Building, Planning, Public Works, Code Enforcement and Rental Housing. Fire enters their reviews of development and land use permits in Permits Plus but uses a separate system for issuing their own permits. The new system will provide significant customer service improvements including online public access to permit status and history; electronic plan submittal and review; online inspection scheduling; mobile access for inspectors; citizen comment tracking; and integrated GIS mapping. We anticipate a go live date of November m Once issued, the City is required to permanently preserve land use and development related permits and their associated records and make them available upon request. The City currently microfilms the records as a security back-up measure for long-term protection, and the City Clerk's office would also like to make permit records available in the City's Digital Records Center powered by the Laserfiche Imaging System. This would allow the end-user to search for and retrieve records online, as opposed to making public records requests utilizing a paper- based Syet8m. Having historical permit records available online will provide a significant customer service improvement by eliminating the delay of submitting a public records request. It would also reduce the substantial amount of staff time spent fulfilling public records requests for permit files, which have a high rate of retrieval. The new Trakit permit system will allow permit records to be sent directly into Laserfiche as they are closed. However, importing historical permit records into Laserflche is currently on hold due to staffing limitations. Identifying a revenue source would enable the City to work through the VY)2013 Info Memos-Council\TechFeeMemoFS.doc 1 1017/2013 INFORMATIONAL MEMO Page 2 backlog of scanned historical permits (back to 1958) and continue adding the current permits to the Digital Records Center on an ongoing basis. ANALYSIS As requested by Council, staf is providing technology fee options for consideration. The technology fee level chosen will determine the revenue raised. Trakit Costs Costs for implementation of Trakit are below the budgeted amount of $375,000 and maintenance costs will be lower than Permits Plus. Project Cost Summary Purchase Cost A. Total Software & Licensing $152'500 B. Implementation & P ject Management $ 83,250 C. Data Conversion from Permits Plus S 15,500 D. Training $ 34,000 E. CRVV Travel &Expenses $ 19'500 F. Customizations $ 23.000 G. Negotiated Discounts $ (15'000) H. Taxes $ 25'000 I. ArcGIS Server to support GIS functionality $ (17,3721) J. Larger Monitors for ePlan review $ 4.000 K. Increase Data Storage Capacity for ePlans $ 14,710 Permit System Cost $356,460 1 Purchased with emergency management funds Records Management/Accessibility Costs A portion of the technology fee could be earmarked to offset some of the costs associated with expanding access to permit records beyond that required by the State. The City Clerk's office does not have the staff time to import, index, review and merge the digitized permits in order to make them available online. Funding of up to $20.000 annually through the technology fee, as well as $17,241 to be taken from the microfilming/digitizing budget would allow this process to move forward by enabling the Digital Records Coordinator position in the Clerk's Office to become full time in 2014. Based on discussion at the CAP meeting, further investigation was done regarding the level of service provided by the cities surveyed in Attachment A. A review of each of the agency websites demonstrated that none of the surveyed cities offer online accessibility to finalized permit records. While options are available to search for database summaries with permit information, the end user is not able to acquire a copy of the finalized permit, plans and other documents online. DCD permits have the highest document retrieval rate from the City's Records Center with 101 files retrieved to date in 2013, with permit dates ranging from 1960'2009. (This does include requests for more current permit records housed in DCD). Based on the chosen funding level, we are proposing to more efficiently meet the demand by providing online accessibility of finalized permit records for the pub|ictoae|f'serve' saving them the cost of paying the City for paper records. W:\2013 Info FeeMemoFS.doo 2 10/17/2013 18 INFORMATIONAL MEMO Page 3 Revenue Options Given the significant investment required to upgrade to a new permit system and accept electronic plans, many cities are imposing technology user fees. Fees are assessed as either a flat fee, fee per sheet or percentage of the permit fee that ranges from 1.3% to 5 %, see Attachment A. The Master Builders have written a letter in support of city technology fees if they are used to provide better service, and in our informal discussions with applicants many think the efficiencies of electronic permit review would be worth a modest fee increase. The proposed technology fee would be applied to all permits that are processed through our tracking systems except rental housing inspections. However, it would apply to the "Permit" fee only, excluding the plan review fee, mailing fees, state building code fee, impact fees, Cascade Water Alliance Fee and any other water or sewer assessments. A chart of the amount Tukwila would have collected from different fee structures is included as Attachment B. The actual permit revenues are listed in Attachment C. Over time we could recover the expenses associated with the new permit tracking system and expanded records access with a fee in line with that charged by other jurisdictions in our area. Estimated Revenue The proceeds from different technology fee levels are shown below, assuming annual permit revenues of $1,300,000 which is an average of recent years. The other columns show the amount of technology fee that would be added to our current permit fees for a typical new single family house, moderate commercial tenant improvement and 8,450 sf new commercial building. Technology Fee Level Estimated Annual Revenue Tech Fee for a 2,900 SF House Tech Fee for a $100,000 TI Tech Fee for a New 8,450 SF Restaurant 3% $ 39,000 $145 $45 $450 4% $ 52,000 $192 $60 $600 5% $ 65,000 $240 $75 $750 6% $ 78,000 $288 $90 $900 7% $ 91,000 $336 $105 $1,050 Payback Period The funds available for retiring the Trakit investment, contributing to the City Clerk's staffing to make historical permits available online, and developing a fund for future updates are listed below. This assumes a 10 year payback period for Trakit, after that point those funds would be available for future investments. We have not accounted for inflation in these figures, but as construction costs rise so would permit and technology fee revenues. Technology Fee Level Estimated Annual Revenue 10 year Repayment of Trakit Investment Annual contribution to Digital Records Center Annual Contribution to Fund for Future Technology Replacement 3% $ 39,000 $35,600 $3,400 $0 4% $ 52,000 $35,600 $16,400 $0 5% $ 65,000 $35,600 $20,000 $9,400 6% $ 78,000 $35,600 $20,000 $22,400 7% $ 91,000 $35,600 $20,000 $35,400 W:\2013 Info Memos - Council \TechFeeMemoFS.doc 3 10/17/2013 19 INFORMATIONAL MEMO Page 4 Future Costs Fire is working with CRW to develop a quote to integrate Fire permits into the Trakit system in 2014. Once they are using CRW the technology fee will be added to their permits. Finance may wish to switch to License Trak for business licenses in the future. The License Trak expense should be reimbursed through a fee on business licenses rather than the technology fee as it would not directly benefit permit applicants. Other Changes In addition to the changes to the fee resolution related to the technology fee there is one additional change proposed. In June of 2010 DCD moved from flat fees for all land use permits in favor of having fees for more complex, less predictable permits structured as a retainer with an hourly fee for staff time over the number of retainer hours. In the 2013-14 fee schedule we reduced the number of permits subject to hourly fees after analysis showed that the retainers were rarely exceeded and did not justify the additional time to track the hours and bill the applicants. In this version we are proposing to eliminate the hourly fees completely to simplify the permit review and issuance process as we transition to Trakit. The additional staff time required for record keeping and the delay in issuing the permit while the applicant paid the additional fees has not been justified by the minor amounts of revenue generated. RECOMMENDATION Staff recommends that the Committee set a technology fee level of 5% and forward the resolution to the (�Ctober28 m (Committee of thBVVhO|� 8nd NOv8nnb8r4 m Regular meeting for action. The level of funding for records management can be set as part of the 2014 budget review. ATTACHMENTS A. Technology Fee Survey — U to reflect B & 0 Tax B. Potential Technology Fee Revenue Chart C. Permit Revenue Table O. Draft Technology Fee Resolution E. Draft Building/Electrical/Plumbing/Mechanical Permit Fee Ordinance VV:\2013 Info Momos-CounciKTeohFeeMemoFSdoc 4 1017/2013 20 Technology Fee Survey ; ;r ........ ......... �........ ... �;.. �...: pa me ......... a B .o Tax; , Per it $V t eel City of Auburn (8/13) $ - No CRW TRAKiT City of Bellingham $ - Yes Accela City of Black Diamond $ - No Bitco City of Bonney Lake $ 4.00 No Eden /Tyler Technology City of Bothell (8/13) 5% building, planning, public works, fire No EnerGov City of Burien (8/13) $ - Yes CityView City of Covington (8/13) $ 40.00 building, planning, fire, licenses No Accela A technology surcharge will be assessed for development projects at each step in the land use process (concurrency review, preliminary, engineering, notice to proceed and final approvals). Individual impact fees not paid with an associated building permit will be required to pay a separate technology surcharge fee at the time of payment. City of Des Moines (8/13) $25 /comm - $10 /res building Yes Bitco City of Federal Way (8/13) $ 20.00 building, planning, public works, fire No Amanda Charge to scan single family plans submitted on paper = $39.50. Charge to scan commercial plans submitted on paper = $118.50 City of Issaquah (8/13) 1.3% building, planning, public works, fire Yes CRW TRAKiT 1.3% goes to EGovAlliance. Electronic plans are required for projects exceeding $10,000 in value. City charges to scan as follows: 0 -4 pgs = $8 + $1.90 per page; 5+ pgs = $32.70 = $1.90 per page. City of Kent 3% building, planning, public works, fire Yes Accela City of Kirkland 1.3% building, planning, public works, fire No EnerGov 1.3% goes to ECityGovAlliance City of Lynnwood 10% No EnerGov Raised their permit fees 10% across the board 5 years ago to pay for the system, only recently went live. City of Maple Valley (8/13) $ - No CRW TRAKiT City of Mercer Island (8/13) 3% building, planning, public works, fire Yes CRW TRAKiT 1.3% goes to ECityGovAlliance City of Newcastle (8/13) $ - No City of Ocean Shores $ - Yes City of Puyallup $ - No Eden /Tyler Technologies City of Redmond 3% building, planning, public works, fire No EnerGov System was paid for through an ongoing Tech Fund. City of Renton (8/13) 3% moving to 5% building, planning, public works, fire No EnerGov Increase to 5% when Renton accepts on -line permits other than through MyBuildingPermit.com City of Sammamish $ - No CRW TRAKiT City of SeaTac $ - No CRW TRAKiT City of Tacoma 5% building, planning, public works Yes Updated: October 2013 Attachment A 21 22 co o _3 CD I $90,000.00 $80,000.00 $70,000.00 $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 • 1.3% of fee collected Technology Fee Comparison 2013 thru June $10,406.28 • 3.0% of fee collected 5.0% of fee collected • $6.00 per issued permit $25.00 per issued permit $51,331.48 $85,552.46 $19,134.00 $79,725.00 $44,444.87 $74,074.78 $12,738.00 $53,075.00 $30,711.02 $51,185.03 $7,530.00 $31,375.00 JTE: The fee calculation does not include plan review fees, impact fees, mitigation, special assessment fees collected. The land use fees collected is the application or retainer fee. 24 Technology Fee Estimate 2013 thru June ' Type of technology fee Building Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical Permit Fee Plan Review Fee (bldg, mech, plumb) Pre -app ; Land Use Application Signs Public Works i Permit Fee Total # of permits Total fee Total Technology Fee Number of Permits 197 107 94 642 12 51 48 92 1243 Permit Fees Collected $ 346,213.00 $ 45,665.00 $ 15,565.00 $ 172,602.00 $ - $ - $ 79,941.00 $ 16,977.00 $ 123,520.00 $ 800,483.00 of fee collected 1.30% $ 4,500.77 $ 593.65 $ 202.35 $ 2,243.83 $ - $ - $ 1,039.23 $ 220.70 $ 1,605.76 $ 10,406.28 of fee collected 3.00% $ 10,386.39 $ 1,369.95 $ 466.95 $ 5,178.06 $ - $ - $ 2,398.23 $ 509.31 $ 3,705.60 $ 24,014.49 of fee collected 5.00% $ 17,310.65 $ 2,283.25 $ 778.25 $ 8,630.10 $ - $ - $ 3,997.05 $ 848.85 $ 6,176.00 $ 40,024.15 Flat fee per permit $6.00 $ 1,182.00 $ 642.00 $ 564.00 $ 3,852.00 $ - $ - $ 306.00 $ 288.00 $ 552.00 $ 7,386.00 Flat fee per permit $25.00 $ 4,925.00 $ 2,675.00 $ 2,350.00 $ 16,050.00 $ - $ - $ 1,275.00 $ 1,200.00 $ 2,300.00 $ 30,775.00 2012 Type of technology fee Building Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical Permit Fee Plan Review Fee (bldg, mech, plumb) Pre-app Land Use Application Signs i Public Works Permit Fee Total # of permits Total fee Total Technology Fee Number of Permits 354 191 210 1175 12 82 96 132 2252 Permit Fees Collected $ 415,332.00 $ 82,239.00 $ 30,224.00 $ 262,205.00 $ - $ - $ 104,043.00 $ 29,190.00 $ 90,308.00 $ 1,013,541.00 of fee collected 1.30% $ 5,399.32 $ 1,069.11 $ 392.91 $ 3,408.67 $ - $ - $ 1,352.56 $ 379.47 $ 1,174.00 $ 13,176.03 of fee collected 3.00% $ 12,459.96 $ 2,467.17 $ 906.72 $ 7,866.15 $ - $ - $ 3,121.29 $ 875.70 $ 2,709.24 $ 30,406.23 of fee collected 5.00% $ 20,766.60 $ 4,111.95 $ 1,511.20 $ 13,110.25 $ - $ - $ 5,202.15 $ 1,459.50 $ 4,515.40 $ 50,677.05 Flat fee per permit $6.00 $ 2,124.00 $ 1,146.00 $ 1,260.00 $ 7,050.00 $ - $ - $ 492.00 $ 576.00 $ 792.00 $ 13,440.00 Flat fee per permit $25.00 $ 8,850.00 $ 4,775.00 $ 5,250.00 $ 29,375.00 $ - $ - $ 2,050.00 $ 2,400.00 $ 3,300.00 $ 56,000.00 2011 Type of technology fee Building Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical Permit Fee Plan Review Fee (bldg, mech, plumb) Pre-app Land Use Application Signs i Public Works Permit Fee Total # of permits Total fee Total Technology; Fee Number of Permits 389 180 187 1158 11 70 259 107 2361 Permit Fees Collected $ 524,495.00 $ 156,864.00 $ 30,752.00 $ 348,477.00 $ - $ - $ 136,229.00 $ 35,672.00 $ 66,387.00 $ 1,298,876.00 of fee collected 1.30% $ 6,818.44 $ 2,039.23 $ 399.78 $ 4,530.20 $ - $ - $ 1,770.98 $ 463.74 $ 863.03 $ 16,885.39 of fee collected 3.00% $ 15,734.85 $ 4,705.92 $ 922.56 $ 10,454.31 $ - $ - $ 4,086.87 $ 1,070.16 $ 1,991.61 $ 38,966.28 of fee collected 5.00% $ 26,224.75 $ 7,843.20 $ 1,537.60 $ 17,423.85 $ - $ - $ 6,811.45 $ 1,783.60 $ 3,319.35 $ 64,943.80 Flat fee per permit $6.00 $ 2,334.00 $ 1,080.00 $ 1,122.00 $ 6,948.00 $ - $ - $ 420.00 $ 1,554.00 $ 642.00 $ 14,100.00 Flat fee per permit $25.00 $ 9,725.00 $ 4,500.00 $ 4,675.00 $ 28,950.00 $ - $ - $ 1,750.00 $ 6,475.00 $ 2,675.00 $ 58,750.00 =IV 301 co (-) 26 2010 Type of technology fee Building ; Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical Permit Fee Plan Review Fee (bldg, mech, plumb) Pre -app! Land Use Application Signs Public Works i Permit Fee Total # of permits Total fee Total Technology; Fee Number of Permits 316 179 174 1049 28 99 108 138 2091 Permit Fees Collected $ 555,622.94 $ 110,432.08 $ 28,972.45 $ 300,563.00 $ - $ - $ 120,942.00 $ 19,587.00 $ 167,954.00 $ 1,304,073.47 of fee collected 1.30% $ 7,223.10 $ 1,435.62 $ 376.64 $ 3,907.32 $ - $ - $ 1,572.25 $ 254.63 $ 2,183.40 $ 16,952.96 of fee collected 3.00% $ 16,668.69 $ 3,312.96 $ 869.17 $ 9,016.89 $ - $ - $ 3,628.26 $ 587.61 $ 5,038.62 $ 39,122.20 of fee collected 5.00% $ 27,781.15 $ 5,521.60 $ 1,448.62 $ 15,028.15 $ - $ - $ 6,047.10 $ 979.35 $ 8,397.70 $ 65,203.67 Flat fee per permit $6.00 $ 1,896.00 $ 1,074.00 $ 1,044.00 $ 6,294.00 $ - $ - $ 594.00 $ 648.00 $ 828.00 $ 12,378.00 Flat fee per permit $25.00 $ 7,900.00 $ 4,475.00 $ 4,350.00 $ 26,225.00 $ - $ - $ 2,475.00 $ 2,700.00 $ 3,450.00 $ 51,575.00 2009 Type of technology fee Building ; Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical Permit Fee - Plan Review Fee (bldg, mech, plumb) Pre -app ; Land Use Application Signs Public Works Permit Fee Total # of permits Total fee Total Technology Fee Number of Permits 264 159 145 821 18 86 90 131 1714 Permit Fees Collected $ 261,160.37 $ 57,213.23 $ 23,316.25 $ 201,281.00 $ - $ - $ 63,740.00 $ 13,090.00 $ 29,311.00 $ 649,111.85 of fee collected 1.30% $ 3,395.08 $ 743.77 $ 303.11 $ 2,616.65 $ - $ - $ 828.62 $ 170.17 $ 381.04 $ 8,438.45 of fee collected 3.00% $ 7,834.81 $ 1,716.40 $ 699.49 $ 6,038.43 $ - $ - $ 1,912.20 $ 392.70 $ 879.33 $ 19,473.36 of fee collected 5.00% $ 13,058.02 $ 2,860.66 $ 1,165.81 $ 10,064.05 $ - $ - $ 3,187.00 $ 654.50 $ 1,465.55 $ 32,455.59 Flat fee per permit $6.00 $ 1,584.00 $ 954.00 $ 870.00 $ 4,926.00 $ - $ - $ 516.00 $ 540.00 $ 786.00 $ 10,176.00 Flat fee per permit $25.00 $ 6,600.00 $ 3,975.00 $ 3,625.00 $ 20,525.00 $ - $ - $ 2,150.00 $ 2,250.00 $ 3,275.00 $ 42,400.00 2008 Type of technology fee Building ; Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical ; Permit Fee Plan Review Fee (bldg, mech, plumb) Pre -app ; Land Use Application Signs Public Works Permit Fee - Total # of permits Total fee Total Technology Fee Number of Permits 525 321 313 1576 39 109 176 169 3228 Permit Fees Collected $ 687,746.66 $ 157,412.93 $ 52,443.60 $ 497,535.00 $ - $ - $ 85,385.00 $ 28,555.00 $ 201,971.00 $ 1,711,049.19 of fee collected 1.30% $ 8,940.71 $ 2,046.37 $ 681.77 $ 6,467.96 $ - $ - $ 1,110.01 $ 371.22 $ 2,625.62 $ 22,243.64 of fee collected 3.00% $ 20,632.40 $ 4,722.39 $ 1,573.31 $ 14,926.05 $ - $ - $ 2,561.55 $ 856.65 $ 6,059.13 $ 51,331.48 of fee collected 5.00% $ 34,387.33 $ 7,870.65 $ 2,622.18 $ 24,876.75 $ - $ - $ 4,269.25 $ 1,427.75 $ 10,098.55 $ 85,552.46 Flat fee per permit $6.00 $ 3,150.00 $ 1,926.00 $ 1,878.00 $ 9,456.00 $ - $ - $ 654.00 $ 1,056.00 $ 1,014.00 $ 19,134.00 Flat fee per permit $25.00 $ 13,125.00 $ 8,025.00 $ 7,825.00 $ 39,400.00 $ - $ - $ 2,725.00 $ 4,400.00 $ 4,225.00 $ 79,725.00 28 2007 Type of technology fee Building ; Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical Permit Fee Plan Review Fee (bldg, mech, plumb) Pre -app! Land Use Application Signs Public Works i Permit Fee Total # of permits Total fee Total Technology; Fee Number of Permits 425 238 303 757 61 118 146 136 2184 Permit Fees Collected $ 821,409.82 $ 146,667.22 $ 69,528.50 $ 255,523.00 $ - $ - $ 74,465.00 $ 30,665.00 $ 83,237.00 $ 1,481,495.54 of fee collected 1.30% $ 10,678.33 $ 1,906.67 $ 903.87 $ 3,321.80 $ - $ - $ 968.05 $ 398.65 $ 1,082.08 $ 19,259.44 of fee collected 3.00% $ 24,642.29 $ 4,400.02 $ 2,085.86 $ 7,665.69 $ - $ - $ 2,233.95 $ 919.95 $ 2,497.11 $ 44,444.87 of fee collected 5.00% $ 41,070.49 $ 7,333.36 $ 3,476.43 $ 12,776.15 $ - $ - $ 3,723.25 $ 1,533.25 $ 4,161.85 $ 74,074.78 Flat fee per permit $6.00 $ 2,550.00 $ 1,428.00 $ 1,818.00 $ 4,542.00 $ - $ - $ 708.00 $ 876.00 $ 816.00 $ 12,738.00 Flat fee per permit $25.00 $ 10,625.00 $ 5,950.00 $ 7,575.00 $ 18,925.00 $ - $ - $ 2,950.00 $ 3,650.00 $ 3,400.00 $ 53,075.00 2006 Type of technology fee Building Permit Fee Mechanical Permit Fee Plumbing Permit Fee Electrical Permit Fee ! Plan Review Fee (bldg, mech, plumb, elect) Pre -app Land Use Application Signs Public Works Permit Fee Total # of permits Total fee Total Technology Fee Number of Permits 437 242 192 0 59 119 121 144 1314 Permit Fees Collected $ 628,339.85 $ 88,916.90 $ 34,698.75 $ - $ - $ - $ 78,805.00 $ 13,486.00 $ 179,454.00 $ 1,023,700.50 of fee collected 1.30% $ 8,168.42 $ 1,155.92 $ 451.08 $ - $ - $ - $ 1,024.47 $ 175.32 $ 2,332.90 $ 13,308.11 of fee collected 3.00% $ 18,850.20 $ 2,667.51 $ 1,040.96 $ - $ - $ - $ 2,364.15 $ 404.58 $ 5,383.62 $ 30,711.02 of fee collected 5.00% $ 31,416.99 $ 4,445.85 $ 1,734.94 $ - $ - $ - $ 3,940.25 $ 674.30 $ 8,972.70 $ 51,185.03 Flat fee per permit $6.00 $ 2,622.00 $ 1,452.00 $ 1,152.00 $ - $ - $ - $ 714.00 $ 726.00 $ 864.00 $ 7,530.00 Flat fee per permit $25.00 $ 10,925.00 $ 6,050.00 $ 4,800.00 $ - $ - $ - $ 2,975.00 $ 3,025.00 $ 3,600.00 $ 31,375.00 1.3% technology fee accepted by Master Builders Association of King and Snohomish Counties per email dated October 28, 2010 30 ATTACHMENT D T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE AND REPEALING RESOLUTION NOS. 1779 AND 1780. WHEREAS, the City intends to update permit fees on an annual basis, with any increases tied to growth in City expenses for providing permit services; and WHEREAS, the City Council wishes to recover a portion of the City's costs for review and processing of permit applications; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, the overall budgeted increase for 2014 is 2.9 %; and WHEREAS, the City wishes to adopt a technology fee to offset the cost of providing significant customer service improvements including online public access to permit status and history, electronic plan submittal and review, online inspection scheduling, and online access to permit records through the City's Digital Records Center; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. For 2014, the Technology Fee shall be set at 5% of the applicable permit fee. Section 2. Public Works fees will be charged according to the following schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION FEE Type A (Short-Term Non - profit) $ 50.00 + Technology Fee Type B (Short-Term Profit) $100.00 + Technology Fee Type C (Infrastructure and Grading on Private Property and City Right -of -Way and Disturbance of City Right -of -Way) $250.00 application base fee, Technology Fee, plus four components based on construction value: 1) Plan Review 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review W: \Word Processing \Resolutions \Consolidated permit fee schedule -2014 9 -25 -13 NG:bjs Page 1 of 10 31 PERMIT DESCRIPTION FEE Type D (Long-Term) $100.00 + Technology Fee Plus Revi-ew 4toui*+o+eir Retainer Technology Type E (Potential Disturbance of City Right-of-Way) $100.00 + Technology Fee Fee (TF) Type F (Blanket Permits) $250.00 processing fee, plus $5,000.00 cash deposit, withdraw $100.00 per instance for inspection Franchise — Telecommunications $5,000.00 administrative fee Franchise — Cable $5,000.00 plus 5% of total revenue Street Vacation O1.200.00 Latecomer's Agreements $500.00 processing fee, plus 17% administrative fee, plus $500.00 segregation fee Flood Zone Control Permit $50.00 + Technology Fee Impact Fees: Fire Section 3. Land use permit and processing fees will be charged according to the following schedule: LAND USE FEE SCHEDULE Decision Type 2043 2014 Fee/ Retainer Plus Hearing Examiner Fees Plus Revi-ew 4toui*+o+eir Retainer Technology F-ae/ Rntainer Fee (TF) Appeal Type 1.2 and 4Decisions 456-3 $579 +TF SEPA MDNS Appeal -$56-3 $579 + TF Impact Fees: Fire $563 $579 Parks $663 $579 Transportation $56-3 $579 Sign Permit (T/V/C Chapter /9) Permanent -$2-31- $238 + TF Temporary 41K0-0, $104 + TF Pole/Banner Initial Application -$2�1- $238 + TF Special Event -$406 $104 + TF Pole/Banner Annual Renewal 450 $52 + TF New Billboard -$563 $579 + TF Master Sign Program-Admin $2.078 $2.130 + TF Master Sign Program- BAR $3.314 $3,411 + TF Appeal of Sign Code Decision 456-3 $579 + TF W:\Word permit fee soheuule-2n14n-2n-10 NG:bjs 32 Page 2 of 10 Decision Type 2043 2014 Fee/ Retainer Plus Hearing Examiner Fees Plus -Review i=l*ursover Retainer Feel Technology Retainer Fee (TF) Design Review (TMC Section 18.60.030) Administrative $2.130 $2.192 + TF Public Hearing $3,817 $3.927 + TF Major Modification Q1.305 $1,343 + TF Minor Modification $59-3 $610 + TF Variances, Special Permissions 8, Site Plan Review Variances (TMC Section 18.72) $2.692 $2.770 + HE + TF Parking Variance (Type 3-TMC 18.56.140) $924 $924 $Q6U + HE +TF Administrative Parking Variance (Type 2-TMC 18.56.140) 45-6a $579 + TF Environmentally Sensitive Areas Deviation, BufferReduotion(T7NCChupberY8.45) $1.425 $1.466 +TF± hours over 45 Reasonable Use Exception (TMC Section 18.45.180) 4278-5-0 $2.932 + HE +TF.‘ ho+-rs-evep 30 TSO Modification to Development Standard (TMC 18.41.100V 4563 �� $579 +TF Exception from Single Family Design Standard (TMC 18.50.050) 0�0) � $563 $579 +TF Special Permission Cargo Container (TMC 18.50.060) 4563 S579 +TF Landscape Perimeter Averaging (TMC 18.52.060) 45-6-3 �� $579 + TF Parking Standard for use not specified (TMC 18.56.100) 4475 $489 +TF+ hours over 5 Residential Parking Reduction (TMC 18.56.O65) -8563 $579 +TF Shared, covenant, Complementary Parking Redu(tion(7lNC/O.5S.D70) -$5-6$ $579 + TF Parking Lot Restriping (TMC 18.56.120) 4563 �3 $579 +TF Tree Permit and Exceptions (TMC Ch be Y85 -$--1-0-0 $1D3 +TF Lot Creation and Consolidation 8oundaryLinaAdustment(TMCChapterY7.08) $1.597 $1,644 +TF Lot Consolidation (TMC Chapter 17.08) 469$ $610 + TF Short P|at(2-4 lots) (TMC Chapter 17.12) $3.637 $3,742 + TF Short Plat (5-9 | te/f7Y2/ $4.139 $4.259 + TF vvumnm permit fee soxeuuleao14een-1a NG:bjs Page 3 of 10 Decision Type 201-3 2014 Fee/ Retainer Plus Hearing Examiner Fees Plus Review Rau-re-over Retainer deed Technology Retainer Fee (TF) Lot Creation and Consolidation (continued) Subdivision: Preliminary Plat (10+ lots) (TMC Section 17.14.020) $1,750 $4,888 + HE + TF ± rs - 50 Final Plat (10+ lots) (TMC Section 17.12.030) $2,850 $2,932 + TF + hours over 30 Binding Site Improvement Plan (TMC Chapter 17.16) $3,637 $3,742 + TF Planned Residential Development: Administrative (TMC Section 18.46.110) $2,070 $2,130 + TF Public Hearing (TMC Section 18.46.110) $1,750 $4,888 + TF + flours over 50 Minor Modification (TMC Section 18.46.130) -$563 $579 + TF Major Modification (TMC Section 18.46.130) $2,310 $2,377 + TF Wireless Communication Facility (TMC Chapter 18.58.050) Minor (Type 1) $563 $579 + TF Administrative (Type 2) 4-1-T5-97. $1,644 + TF Major or Height Waiver (Type 3) 4394 $3,286 + HE + TF SEPA & Environmental Checklist $1,628 $1,675 + TF SEPA EIS $2,850 $2,932 + TF + hours over 30 SEPA Planned Action X56-3 $579 + TF SEPA Addendum 45633 $579 + TF Sensitive Area Master Plan Overlay (TMC 18.45.160) $4,750 $4,888 + TF + ^,,ou s -ever 50 Shoreline Permits Substantial Development Permit: (TMC Chapter 18.44) Project value: $5,000 - $10,000 $1,125 $1,158 + TF $10,001 - $50,000 $2,632 $2,709 + TF $50,001 - $500,000 $41,198 $4,320 + TF More than $500,000 - $5,,324 $5,478 + TF W: \Word Processing \Resolutions \Consolidated permit fee schedule -2014 9 -25 -13 NG:bjs 34 Page 4 of 10 Decision 244-3 2014 Fed Retainer Plus Hearing Examiner Fees Plus Review 140-61-n+*pVer Retatner Feel Technology Retainer Fee (TF) Shoreline Permits (continued) Permit Exemption Letter, Shoreline 4234- $238 + TF Conditional Use Permit Shoreline ' (77NCY8.44.050) $3.803 + HE +TF $8.696 Shoreline Tree Permit (T7NC Chapter 18.44) 4400 $103 + TF Shoreline Environment Redesi nation 42r850 $2.932 + TF + hours over @O Noise Variance (TMC Section Type I 4462 8475 + TF Type || -$8-23 $641 +TF Type ||| $1.885 $1,425 +HE +TF Use Permits Conditional Use Permit(T7NC3ootion 18.64.020) $3.696 $3.803 + HE + TF Unclassified Use Permit (TMC Chapter 18.66) $4.750 $4,888 +TF+ hoursowec 50 TSO Special Permission Use (TMC Section /84Y 066V 492-4 $950 + HE + TF 18.84) Rezone (Map Change) $3,325 $3,421 + TF +, hounso�er 35 Comprehensive Plan Amendment $3.800 $3.910 +TF+ hours over 40 Zoning Code Text Amendment $4.319 $4.444 + TF Miscellaneous Services and Charges Development Agreement $1.900 $1.955 + TF + hours over 20 Code Interpretation (TMC Section Y80(l0YU) 43-32 $341 + TF Zoning Verification Letter -$332 $341 + TF Legal Lot Verification -$5-32 $548 + TF Preapplication Meeting 4462 $475 + TF Mailing Fee to Generate Labels, per project 4427 $449 Public Notice Mailing Fee per address for each mailing $1 W:\Word permit eeucxcdule-2o14y-2u-1x NG:bjs Page 5 of 10 All peer review fees will be passed through to the applicant per TMC Section 18.50.200. Section 4. Building permit fees will be charged according to the following schedule: BUILDING PERMIT FEE SCHEDULE Total Valuation Building Permit Fees $1 to $500 $65.00 + Technology Fee $501 to $2,000 $65.00 for the first $500, plus $4.30 for each additional $100, or fraction thereof, to and including $2,000 + Technology Fee $2,001 to $25,000 $129.50 for the first $2,000, plus $19.60 for each additional $1,000, or fraction thereof, to and including $25,000 + Technology Fee $25,001 to $50,000 $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $100,000 $983.25 for the first $50,000, plus $10.60 for each additional $1,000, or fraction thereof, to and including $100,000 + Technology Fee $100,001 to $500,000 $1,511.60 for the first $100,000, plus $8.50 for each additional $1,000, or fraction thereof, to and including $500,000 + Technology Fee $500,001 to $1,000,000 $4,906.30 for the first $500,000, plus $7.00 for each additional $1,000, or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 to $5,000,000 $8,443.25 for the first $1,000,000, plus $4.70 for each additional $1,000, or fraction thereof, to and including $5,000,000 + Technology Fee $5,000,001 and up $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction thereof + Technology Fee 1. Non - Structural Plan Review Fee. A non - structural plan review fee shall be paid at the time of submitting plans and specifications for review. The non - structural plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee schedule. The non - structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. 2. Structural Plan Review Fee. Where a structural plan review is deemed necessary, a structural plan review fee shall be charged. The structural plan review fee shall be 33% of the calculated non - structural plan review fee. W: \Word Processing \Resolutions \Consolidated permit fee schedule -2014 9 -25 -13 NG:bjs 36 Page 6 of 10 Section 5. Mechanical permit fees will be charged according to the following schedule: MECHANICAL PERMIT FEE SCHEDULE Valuation of Work (Total Contract Amount) Mechanical Permit Fee $32.50 for issuance of each permit (base fee) + Technology Fee For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $250 or less $65.00 + Technology Fee For each additional fixture $251 to $500 $65.00 for first $250, plus $7.83 for each $100 or fraction thereof, to and including $500 + Technology Fee For each building sewer and each trailer park sewer $501 to $1,000 $84.60 for the first $500, plus $8.70 for each $100 or fraction thereof, to and including $1,000 + Technology Fee $1,001 to $5,000 $128.10 for the first $1,000, plus $9.65 for each $1,000 or fraction thereof, to and including $5,000 + Technology Fee $5,001 to $50,000 $166.70 for the first $5,000, plus $10.05 for each $1,000 or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $250,000 $639.20 for the first $50,000, plus $8.40 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 to $1,000,000 $2,319.20 for the first $250,000, plus $7.40 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 and up $7,869.20 for the first $1,000,000, plus $6.70 for each $1,000 or fraction thereof + Technology Fee Section 6. Plumbing permit fees will be charged according to the following schedule: PLUMBING PERMIT FEE SCHEDULE Permit Issuance — Issuance of each permit (base fee) $32.50 + Technology Fee Unit Fee Schedule (in addition to base fee above: For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $65.00 + Technology Fee For each additional fixture $14.00 + Technology Fee For each building sewer and each trailer park sewer $24.80 + Technology Fee Rain water system — per drain (inside building) $14.00 + Technology Fee For each water heater and /or vent $14.00 + Technology Fee For each industrial waste pretreatment interceptor, including its trap and vent, except for kitchen type grease interceptors $28.00 + Technology Fee For each grease interceptor for commercial kitchens $29.10 + Technology Fee For each repair or alteration of water piping and /or water treating equipment, each occurrence $14.00 + Technology Fee For each repair or alteration of drainage or vent piping, each fixture $14.00 + Technology Fee W: \Word Processing \Resolutions \Consolidated permit fee schedule -2014 9 -25 -13 NG:bjs Page 7 of 10 37 For each medical gas piping system serving one to five inlets /outlets for a specific gas $82.00 + Technology Fee For each additional medical gas inlets /outlets $16.20 + Technology Fee For each lawn sprinkler system on any one (1) meter including backflow protection devices therefor. $29.10 + Technology Fee For atmospheric -type vacuum breakers not included in lawn sprinkler backflow protection: 1 to 5: $14.00 + Technology Fee Over 5: $14.00 for first 5 plus $3.25 for each additional ± Technology Fee For each backflow protective device other than atmospheric type vacuum breakers: 2 -inch diameter and smaller: $29.10 + Technology Fee Over 2 -inch diameter: $32.25 + Technology Fee Section 7. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE 1. Permit Issuance: For issuing each permit (base fee): ($0 if permit is in conjunction with a plumbing permit for an appliance with both plumbing and gas connection.) $32.50 + Technology Fee 2. Unit Fee Schedule (in addition to item in subparagraph 6.1): For each gas piping system of one to five outlets $65.00 + Technology Fee For each additional gas piping system outlet, per outlet $14.00 + Technology Fee Section 8. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE 1. NEW SINGLE - FAMILY DWELLINGS New single - family dwellings (including a garage) $152.85 + Technology Fee Garages, pools, spas and outbuildings $81.90 + Technology Fee Low voltage systems $59.85 + Technology Fee W: \Word Processing \Resolutions \Consolidated permit fee schedule -2014 9 -25 -13 NG:bjs 38 Page 8 of 10 2. SINGLE - FAMILY REMODEL AND SERVICE CHANGES Service change or alteration -no added /altered circuits $81.90 + Technology Fee $250 or less Service change $81.90 with added /altered circuits, plus $11.55 for each added circuit (maximum permit fee $152.85) $81.90 + Technology Fee $251 - $1,000 Circuits added /altered without service change (includes up to 5 circuits) $54.60 + Technology Fee $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, to and including $5,000 + Technology Fee Circuits $54.60 added /altered without service change (more than 5 circuits); $7.65 for each added circuit (maximum permit fee $98.70 ± Technology Fee) $54.60 + Technology Fee $50,001 - $250,000 Meter /mast repair $68.25 + Technology Fee $3,567.20 for the first $250,000 plus $9.15 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee Low voltage systems $59.85 + Technology Fee Inspections or plan review not specified elsewhere (one -half hour minimum). Safety inspections, plan revisions. 3. MULTI - FAMILY AND COMMERCIAL (including low voltage) Valuation of Work (Total Contract Amount) Permit Fee $250 or less $65.00 + Technology Fee $80.90 + Technology Fee $251 - $1,000 $65.00 for the first $250 plus $4.30 for each $100 or fraction thereof, to and including $1,000 + Technology Fee $1,001 - $5,000 $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, to and including $5,000 + Technology Fee $5,001 - $50,000 $183.30 for the first $5,000 plus $17.70 for each $1,000 or fraction thereof, to and including $50,000 + Technology Fee $50,001 - $250,000 $979.15 for the first $50,000 plus $12.90 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 - $1,000,000 $3,567.20 for the first $250,000 plus $9.15 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee Over $1,000,000 $10,440.70 plus 0.5% of cost over $1,000,000 + Technology Fee Inspections or plan review not specified elsewhere (one -half hour minimum). Safety inspections, plan revisions. 4. MISCELLANEOUS ELECTRICAL PERMIT FEES Temporary service (residential) $65.00 + Technology Fee Temporary service /generators $80.90 + Technology Fee Manufactured /mobile home parks and RV park sites, each service and feeder $86.25 + Technology Fee Carnivals: • Base fee $80.60 + Technology Fee • Each concession fee $10.80 + Technology Fee • Each ride and generator truck $10.80 + Technology Fee Inspections or plan review not specified elsewhere (one -half hour minimum). Safety inspections, plan revisions. $65.00 /hour Adult family home inspection (paid at the time of scheduling the inspection) $65.00 Disaster recovery emergency repair permit (residential structures only) $20.00 W: \Word Processing\Resolutions \Consolidated permit fee schedule -2014 9 -25 -13 NG:bjs Page 9 of 10 39 Section 9. Other inspections and fees will be charged according to the following schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three hour minimum charge) $97.50 /hour Re- inspection fee $65.00 /hour Inspection for which no fee is specifically indicated — investigations or safety inspections $65.00 /hour Additional plan review required by changes, additions, or revisions to approved plans (minimum charge one -half hour) $65.00 /hour Work commencing before permit issuance shall be subject to an investigation fee equal to 100% of the permit fee. 100% of the permit fee Plan review fee — Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered without inspection or work not ready at the time of inspection may be charged a re- inspection fee of $65.00. Administrative fee for permit extension request longer than one year $65.00 Section 10. Repealer. Resolution Nos. 1779 and 1780 are hereby repealed effective December 31, 2013. Section 11. Effective Date. The permit fee schedules contained in this resolution shall be effective as of January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \Consolidated permit fee schedule -2014 9 -25 -13 NG:bjs 40 Page 10 of 10 ATTACHMENT E r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2402 §4, 2171 §1 (PART) AND 2121 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND CONSTRUCTION," TO REMOVE PERMIT FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City intends to update permit fees on an annual basis with any increases tied to growth in City expenses for providing permit services; and WHEREAS, the City Council wishes to recover a portion of the City's costs for review and processing of permit applications; and WHEREAS, all development permit fees will be moved into a consolidated fee resolution for greater accessibility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.250 Amended. Ordinance Nos. 2402 §4, 2171 §1 (part) and 2121 §1 (part), as codified at Tukwila Municipal Code Section 16.04.250, are amended to read as follows: 16.04.250 Procedures applicable to all construction permits Fees • Building-Permit-Fees $a-te$5ee $501-to-$2,000 ..e. II - .9 . or fraction thereof, to and including $2,000 el $2,001 to $25,000 • -' - III .. .. ' e! e • --- e•. $1,000, or fraction thereof, to and including $25,000 W: Word Processing \Ordinances\Remove permit fees from Building Code ord strike -thru 10 -7 -13 NG:bjs Page 1 of 7 41 _! 99 999 additional $1,000, or fraction thereof, $5007000 $500,001 $1,090,000 to 9 o and including $4,906.30 for the first $500,000, plus $7.00 for each additional $1,000, or fraction thereof, to and including $1,000,009 $1,000,001 $5080,000 to $5340-07G0-0 Sal III $1,000 or fraction thereof D. Mechanical permit fee schedule. Mechanical Permit Gee _! - $250 or less s2-51—ta -see $65.00 for first $250, plus $7.83 for each $100 or fraction thcreof, to and including $500 =! - fraction thereof, to and including $1,000 e - . _!!!. _ _ •. - e fraction thereof, to and including $5,000 ! - fraction thereof, !!! ! e to and including $50,000 fraction thereof, to and including $250,000 or fraction thereof, to and including $1,000,000 W: Word Processing \Ordinances \Remove permit fees from Building Code ord strike -thru 10 -7 -13 NG:bjs 42 Page 2 of 7 $1,0-04,-041-aftel-u-p ooh I e • I III e ,• e $1,000 or fraction thereof E. Plumbing permit fee schedule. 1. Permit Issuance I °nuance of each permit (base fee): $32.50. 2. Unit Fee Schedule (in addition to base fee in subparagraph E.1. $05-80 $14.00 $2480 $1-4.00 For each water heater and /or vent $14.00 $2-8:00 $2 For each repair or alteration of water piping and /or water treating $14.00 $14-00 a specific gas •• • •, •e - $82.00 For each lawn sprinkler system on any one (1) meter including backflow protection devices therefor. $2940 backflow protection: 1to5: $14.00; Over 5: $14.00 for first 5 plus $3.25 for each additional vacuum breakers: 2 inch diameter and smaller: $29.10; Over 2 inch diameter: $32.25 Fuel gas permit fee schedule. 1. Permit Issuance: connection.) 0 W: Word Processing \Ordinances \Remove permit fees from Building Code ord strike -thru 10 -7 -13 NG:bjs Page 3 of 7 43 2. Unit Fee Schedule (in addition to item in subparagraph F.1.): $65.00 $x-4.00 1. NEW SINGLE FAMILY DWELLINGS $1-5z.85 we- $6-1 9-0 2. SINGLE FAMILY REMODEL AND SERVICE CHANGES Service change or alteration no added /altered circuits $6 -1--99 $81.90 $54,60 $54.0 Meter /mast repair $625 Low voltage systems $5-9,8-5 MULTI FAMILY AND COMMERCIAL (including low voltage) Valuation-of wGFIK-{Tacai Contract Amount) Permit Fee r�r��rn-c -r--cc $250 or less $251 $1,000 .. - -!! e . . ..4 -! e - .. !! thereof, to and including $1,000 $1,001 $5,000 $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, to and including $5,000 $183.30 for the first $5,000 plus $17.70 for each $1,000 or fraction thereof, to and including $50,000 $979.15 for the first $50,000 plus $12.90 for each $1,000 or fraction thereof, to and including $250,000 $3,567.20 for the first $250,000 plus $9.15 for each $1,000 or fraction thereof, to and including $1,000,000 I AAI ! - W: Word Processing \Ordinances \Remove permit fees from Building Code ord strike -thru 10 -7 -13 NG:bjs 44 Page 4 of 7 4. MISCELLANEOUS ELECTRICAL PERMIT FEES $65:80 Temporary service /generators $80.90 1,4 feeder, •• e - _• -__ Carnivals: • Base fee $68.60 • Each concession fee $40.80 • Each ride and generator truck $18.80 inspection) ss-5.een $65.00 s only) $20,00 H. Other inspections and fees: charge) $97.50 /hour Re inspection fee $65,00/hour safety inspections - $6-5 eer+»ur approved plans (minimum charge one half hour) 100% of the permit fee Plan review fee Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and-is theme n.�c 1A. Permit and plan review fees Aapplicable to all construction permits are listed in the most current permit fee resolution.: 4B. Work covered without inspection or work not ready at the time of inspection may be charged a re- inspection fee at the hourly rate listed in the most current permit fee resolutionschedules. W: Word Processing \Ordinances\Remove permit fees from Building Code ord strike -thru 10 -7 -13 NG:bjs Page 5 of 7 45 2C. Work without a permit. Any person who commences work before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be equal to the established permit fee as set forth in the most current permit fee resolutionschedules. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. 3D. Fee refunds. The Building Official may refund any permit fee paid by the original permit applicant that was erroneously paid or collected. The Building Official may also authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with the code. Where a plan review fee has been collected, no refund will be authorized once it has been determined that the application is complete and the plan review process has commenced. Refund of any permit fee paid shall be requested by the original permit applicant in writing and not later than 180 days after the date of fee payment. 4E. Expiration of Permits. All building, mechanical, plumbing, fuel gas piping and electrical permits shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance or the work is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official may grant one or more extensions for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. All extension requests beyond one year shall include an administrative fee per the current permit fee resolution ef- $65-00 -with the extension request. 5F. Appeals. All references to Board of appeals is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official provided that such appeal is made in writing within 14 calendar days after such person firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions exists. al . The true intent of the code or ordinance has been incorrectly interpreted. b2. The provisions of the code or ordinance do not fully apply. G3. The decision is unreasonable or arbitrary as it applies to alternatives or new materials. 44. Notice of Appeals procedures shall be in accordance with TMC Chapter Section 18.116.030. 6G. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice of Violation issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice of Violation shall be posted on the premises in a conspicuous place, at or W: Word Processing \Ordinances \Remove permit fees from Building Code ord strike -thru 10 -7 -13 NG:bjs 46 Page 6 of 7 near the entrance to such premises, and the Notice of Violation shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. 7H. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC Section 8.45.100.A.2. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Remove permit fees from Building Code ord strike -thru 10 -7 -13 NG:bjs Page 7 of 7 47 48 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Mike Villa, Chief of Police BY: Brendan Kerin, Police Officer/Training Coordinator DATE: October 8, 2013 SUBJECT: Ordinance Establishing New Regulations Relating to Interfering With Traffic ISSUE Whether to approve an ordinance establishing new regulations relating to interfering with traffic to be codified at TMC Chapter 9.21. BACKGROUND The City of Tukwila has an issue with interference with traffic caused by pedestrians in City rights-of-way. Such conduct poses public safety issues and causes traffic congestion. The City currently has an ordinance prohibiting solicitation in certain areas of the City, but this ordinance does not address the interference with traffic that can be caused by the problematic actions of all types of pedestrians, not just solicitors. DISCUSSION This new ordinance, which would effectively replace the prior solicitation ordinance, should effectively keep pedestrians from interfering with traffic throughout the City thereby minimizing potential traffic accidents caused by distracted drivers and allowing for a smoother flow of vehicle traffic. FINANCIAL IMPACT There would be no cost to the City if this ordinance is approved and passed in to law. RECOMMENDATION The Council is being asked to consider this item at the October 28, 2013 Committee of the Whole meeting and subsequent November 4, 2013 Regular Meeting. ATTACHMENTS Draft Ordinance Establishing New Regulations Relating to Interfering With Traffic. 49 50 R AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS RELATING TO INTERFERING WITH TRAFFIC TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 9.21; REPEALING ORDINANCE NO. 2362 IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, interference with traffic poses safety concerns to persons and vehicular traffic and causes traffic congestion; and WHEREAS, the City Council adopted Ordinance No. 2362 to regulate solicitation activity that poses safety concerns for people and vehicular traffic; and WHEREAS, Ordinance No. 2362 prohibits solicitation within certain zones, but does not address the interference with traffic that can be caused by the problematic actions of all types of pedestrians; and WHEREAS, the City wishes to improve traffic safety and congestion and minimize accidents throughout the entire City that occur due to interference with traffic by pedestrians, but does not wish to infringe upon constitutionally protected activity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 9.21, "Interfering with Traffic," is hereby established to read as follows: CHAPTER 9.21 INTERFERING WITH TRAFFIC Sections: 9.21.010 Purpose 9.21.020 Definitions 9.21.030 Interference with traffic prohibited 9.21.040 Penalty for violation W: Word Processing \Ordinances \Interfering with traffic -new regulations 9 -25 -13 RT:bjs Page 1 of 3 51 Section 2. TMC Section 9.21.010 is hereby established to read as follows: 9.21.010 Purpose The purpose of this chapter is to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business, and to preserve the quality of urban life. Interference with traffic by pedestrians within the right -of -way is unsafe and should be restricted. By this legislation, the City Council intends to promote the health, safety, and welfare of the citizens of and visitors to the City of Tukwila. Section 3. TMC Section 9.21.020 is hereby established to read as follows: 9.21.020 Definitions For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section: 1. "Interfere" means to hinder, obstruct, or slow. 2. "Right -of -way" means, without limitation, public streets, state routes and interstate highways (including, but not limited to, on and off ramps), sidewalks, alleys, shoulders, traffic islands, and driveways. Section 4. TMC Section 9.21.030 is hereby established to read as follows: 9.21.030 Interference with traffic prohibited It shall be unlawful for any person, while in the right -of -way, to take any action that interferes with the lawful flow of traffic. Section 5. TMC Section 9.21.040 is hereby established to read as follows: 9.21.050 Penalty for violation. Violations of this chapter shall be punishable as follows: 1. The first violation of this chapter shall be punishable by a civil infraction in an amount not to exceed $124.00. 2. The second violation of this chapter shall be punishable by a civil infraction in an amount not to exceed $200.00. 3. The third and all subsequent violations of this chapter shall be punishable by a civil infraction in an amount not to exceed $300.00. Section 6. Repealer. Ordinance No. 2362 is hereby repealed in its entirety. W: Word Processing \Ordinances \Interfering with traffic -new regulations 9 -25 -13 RT:bjs 52 Page 2 of 3 Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Interfering with traffic -new regulations 9 -25 -13 RT:bjs Page 3 of 3 53 54 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Shelley Kerslake, City Attorney DATE: October 16, 2013 SUBJECT: Amendments to Tukwila Municipal Code 2.95 — Code of Ethics At the Finance and Safety Committee meeting of October 8, 2013, the Committee reviewed two ordinances amending the City's Ethics Code — one for elected officials and one for employees. After robust discussion, the Committee requested that one ordinance be prepared for elected officials, appointed officials and employees. It was also requested that the new ordinance include the creation of an Ethics Board which would receive ethics complaints and make an initial determination regarding sufficiency of the complaint. Finally, the Committee requested that if an investigation was conducted of an elected official that the investigator reach no conclusion and only find facts that would be forwarded to the Council for a final determination. All of these changes are reflected in the attached ordinance as well as new section regarding penalty options for elected officials. ATTACHMENTS Ordinance — Ethics Code Minutes from the Finance and Safety Committee Meeting of 10/8/13 55 56 T AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2127 AND 2068, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" ADOPTING A NEW TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City adopted a Code of Ethics by Ordinance No. 2068 on November 15, 2004 and amended the same by Ordinance No. 2127 on August 7, 2006; and WHEREAS, the City Council desires to repeal the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95 and enact a new Tukwila Municipal Code Chapter 2.95 to address issues related to elected officials and to provide for a Board of Ethics; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2127 and 2068, as codified in Tukwila Municipal Code (TMC) Chapter 2.95, "Code of Ethics," are hereby repealed in their entirety. Section 2. New TMC Chapter 2.95, "Code of Ethics," Adopted. A new Tukwila Municipal Code Chapter 2.95, "Code of Ethics," is hereby adopted to read as follows:: CHAPTER 2.95 CODE OF ETHICS Sections: 2.95.010 Purpose 2.95.020 Definitions 2.95.030 Prohibited Conduct 2.95.040 Board of Ethics 2.95.0450 Complaint Process 2.95.050 Penalties for Noncompliance 2.95.060 Where to Seek Review W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs Page 1 of 11 57 Section 3. TMC Section 2.95.010 is hereby established to read as follows: 2.95.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its employees and officials, whether elected, appointed or hired. City officers and employees shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; they shall avoid any improprieties in their roles as public servants, including the appearance of impropriety; and they shall never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.95 be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics. In interpreting TMC Chapter 2.95, City officers and employees should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington State law, RCW 42.23. Section 4. TMC Section 2.95.020 is hereby established to read as follows: 2.95.020 Definitions As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1. "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self - employed individual, consultant, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. 2. "City officer or employee" means every individual elected, appointed, hired, or otherwise selected to an office or position with the City, or any subdivision thereof, whether such individual is paid or unpaid. 3. "Compensation" means payment in any form, for real or personal property or services of any kind. 4. "Gift" means a voluntary transfer of real or personal property of any kind, or the voluntary rendition of services of any kind, without consideration of equal or greater value, but not including any reasonable hosting, including travel - expenses, entertainment, meals, or refreshments expenses incurred furnished in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. 5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his /her designee. W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs 58 Page 2 of 11 6. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within three generations by blood or marriage of the person or the person's spouse; fe.g., within three degrees of relationship by blood or marriage). 7. "Person" means any individual, or corporation, business or other entity, however constituted, organized or designated. Section 5. TMC Section 2.95.030 is hereby established to read as follows: 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in TMC Section 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his /her capacity as a City officer or employee in the making of a contract in which she /he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except, that this prohibition shall not apply where the City officer or employee has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a "remote interest" means: a. That of a non - salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; c. That of a landlord or tenant of a contracting party; or d. That of a holder of less than one percent of the shares of a corporation, a limited liability company, or other entity, which is a contracting party. 3. Beneficial Influence in Contract Selection Prohibited. No City officer or employee shall influence the City's selection of, or its conduct of business with, a corporation, person or firm having or proposing to do business with the City, if the City officer or employee has a financial interest in or with the corporation, person or firm, unless such interest is a remote interest and where the fact and extent of such interest is W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs Page 3 of 11 59 disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, as defincd in TMC 8.21.020. 4. Representation of Private Person at City Proceeding Prohibited. No City officer or employee shall appear on behalf of a private person, other than him /herself or an immediate family member, or except as a witness under subpoena, before any regulatory governmental agency or court of law in an action or proceeding to which the City or a City officer in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to appear and /or testify in a legal proceeding on behalf of a labor organization representing employees or seeking to represent employees of the City. 5. Certain Private Employment Prohibited. No City officer or employee shall engage in or accept private employment from — or render services for — any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. This provision shall not interfere with an employee's right to engage in off duty employment that is authorized pursuant to a collective bargaining agreement and /or Tukwila Police Department General Orders. 6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or participate in discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council or similar records of the City, prior to consideration of the legislation by the City Council. 7. Disclosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his /her official position, for a purpose which is other than a City purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public upon request. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right of a labor organization to utilize and disclose properly obtained information that the City deems confidential, privileged, or proprietary. 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his /her office or position to secure personal benefit, gain or profit, or use his /her position to secure special privileges or exceptions for him /herself, or for the benefit, gain or profit of any other persons. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to negotiate agreements that address the wages, hours, and working conditions of employees of the City. W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs 60 Page 4 of 11 9. Improper Use of City Personnel Prohibited. No City officer or employee shall employ or use any person under the officer's or employee's official control or direction for the personal benefit, gain or profit of the officer or employee, or another. This section does not apply to off -duty employment relationships, which are mutually negotiated. 10. Improper Use of City Property Prohibited. No City officer or employee shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official City business, and for such purposes and under such conditions as are approved by administrative order of the Mayor; provided, the use of a City vehicle by a City officer or employee participating in a carpooling program established by the City, and for a purpose authorized under such program, shall not be considered a violation of TMC Chapter 2.95 or of any other provision of the TMC Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No City officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the officer's or employee's services with the City of Tukwila; except this prohibition shall not apply to: a. Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; or c. Any gift valued at $100.00 or less, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction -; or d. An employee serving as a representative of a labor organization and /or an employee receiving compensation, gifts, or rewards from a labor organization of which he /she is a member. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his /her City employment. b. Participation in City Matters Prohibited. No former officer or employee shall, during the period of one year after leaving City office or employment: 1. Assist any person in matters involving the City if, while in the course of duty with the City, the former officer or employee was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs Page 5 of 11 61 2. Represent any person as an advocate in any matter in which the former officer or employee was involved while a City officer or employee; or 3. Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which s /he assisted the City in determining the project or work to be done, or the process to be used. c. Duty to Inform. Whenever a City officer or employee wishes to contract with a former City officer or employee for expert or consultant services within one year of the Tatter's leaving City service, advance notice shall be given to the Mayor about the proposed agreement. d. Exceptions. The prohibitions of TMC subsections 2.95.030(12)(b)(1) and (2), shall not apply to a former officer or employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. Section 6. TMC Section 2.95.040 is hereby established to read as follows: 2.95.040 Board of Ethics A. There is created a Board of Ethics for the City of Tukwila. The purpose of this Board of Ethics is to review ethics complaints for an initial determination of sufficiency before an investigation is initiated. B. The Board of Ethics shall be composed of three members and one alternate member, none of which shall be a City officer or employee. The Board Members shall be appointed by the City Council. The alternate member may attend all meetings of the Board, but shall have no voting rights unless taking the place of an absent or recused Board Member. The term of each Board Member shall be three years. The first three members shall be appointed for one -, two- or three -year terms respectively. C. The Chair of the Board shall be elected by the Board Members and shall serve as chair for one year, at which time a new election shall occur. In filling any vacancy or making an appointment to the Board of Ethics, the City Council shall strive to select members with diverse perspectives and areas of expertise appropriate to the review of ethical matters and who are of good reputation and character. D. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Code. The Board shall adopt procedures consistent with the provisions of the Code governing the conduct of its meetings. The Board shall be supported by the City Attorney's Office. Section 7. TMC Section 2.95.045 is hereby established to read as follows: 2.95.0450 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs 62 Page 6 of 11 1. Mayor; or 2. City Attorney. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Mayor.to the Board of Ethics for a sufficiency determination. After reviewing the complaint, the Board may take any of the following actions and inform the complainant, the respondent and the City Attorney or Mayor, as appropriate: 1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics. 2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. 3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted. D. The Board shall submit a written report with its findings within 10 days of its receipt of the written complaint. The Board's determination of sufficiency is final and binding and no appeal is available. If the Board finds the complaint sufficient, then the complaint shall be investigated as set forth below. E. For all sufficient complaints, the City Attorney_The Mayor shall promptly designate an individual to conduct an investigation of the complaint. However, if the complaint Attorney, who shall-- designatc an individual to conduct an investigation. DF. Upon receipt of a complaint regarding an elected official or an appointed member of a board or commission, the City Attorney shall forward a confidential memorandum to all Councilmembers informing them that a complaint has been made. €G. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall ;then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is deemed sufficient received by the Mayor, unless an extension is granted in writing by the Mayer -or City Attorney, . However, if the complaint is against an elected official, the investigator is to only find facts and make no conclusions regarding whether the Code of Ethics has been violated. A copy of the written investigation findings and conclusions shall be provided to the Mayor or City Attorney. as apse W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs Page 7 of 11 63 FH. Within 5 business days of receipt of the investigator's written findings and conclusions, the Mayor or City Attorney, as appropriate, shall forward a copy of the investigation to the Department Head or Mayor, as appropriate, if the complaint is against an employee and to the Council President if the complaint is against an elected official or appointed board or commission member. the complaint. Copies of the recommended disposition and investigation findings and conclusionsshall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. feeltested: GI. When the complaint is against an elected official or appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.0450(FH), - - - - - •- - - - - - - • ' e • , shall be placed on the next regularly scheduled Council meeting agenda for discussion and disposition pursuant to TMC Section 2.95.050, by majority vote of the Council., for informational purposes only. HJ. The party complained against may, within 10 business days following the date of athe recommended disposition; whi£h that finds a violation of this Code of Ethics, request +r4 —w —a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. Except for good cause shown, the hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days from the date the appeal is filed. 4K. Within 30 days after the conclusion of the a formal hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his /her order. Copies of the Hearing Examiner's findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. In the case of a complaint against an cicctcd official or appointed board or commission member, the Hearing Examiner's findings will -shall be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Section 8. TMC Section 2.95.050 is hereby established to read as follows: 2.95.050 Penalties for Noncompliance A. Any person, other than an employee covered by a collective bargaining agreement found by a preponderance of the evidence to have violated any provision of this Code of Ethics; may be subject toany combination one or more of the following penalties: W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs 64 Page 8 of 11 1. A cease and desist order as to violations of this Code of Ethics; 2. An order to disclose any reports or other documents or information requested, 3. An order to pay to the City a civil penalty of up to $1,000.00, where it is determined disciplinary measures are not appropriate under the circumstances; 4. Discipline, up to and including termination or removal from any position whether paid or unpaid, excluding elected positions, only after notice and hearing as provided by law. The pre - disciplinary procedures set forth in the provisions of the Tukwila Municipal Code and applicable personnel policies shall be followed for regular City employees. ' • - - - - - - - -; 5. Exclusion from bidding on City contracts for a period of up to 5 years; and/or 6. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics violation. • B. Any allegation that an employee who is covered by a collective bargaining agreement has violated any provision of this Code of Ethics shall be investigated in accordance with the applicable collective bargaining agreement and Department Policies, Procedures, or General Orders. For any proven violation of this Code of Ethics, an employee may be disciplined up to and including termination in accordance with the applicable collective bargaining agreement. Any such discipline may be appealed in accordance with the applicable collective bargaining agreement or Civil Service Rules. C. If the complaint is against an elected or appointed official, the Council may take any of the following actions by a majority vote of the Council: 1. Admonition. An admonition shall be a verbal non - public statement made by the Council President, or his or her designee, to the individual. The action of the Council shall be final and not subject to further review; 2. Reprimand. A reprimand shall be administered to the individual by letter. The letter shall be prepared by the Council. The action of the Council shall be final and not subject to further review;. - 3. Censure. A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the Council to receive such censure. Notice shall be given at least 20 days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within 5 days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the investigator's recommendation and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the Council shall be final and not subject to further review. If no such request is received, the W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs Page 9 of 11 65 censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition to or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required; or, 4. Removal. If the individual against whom the complaint has been filed is a member of a City board or commission, the City Council may, by majority vote, remove the individual from such board or commission; provided however, that nothing in this section authorizes the City Council to remove the Mayor and /or a Councilmember from his or her office. Section 9. TMC Section 2.95.060 is hereby established to read as follows: 2.95.060 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the final written order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the person who issued the final written order and the City Attorney, or his /her designee, and file an acknowledgment or affidavit of service in the Tukwila Municipal Court. D. Discipline or Removal. If an employee or officer is disciplined or removed from office, then the person disciplined or removed from office may seek whatever remedies may be available at law or in equity. E. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the person excluded may seek whatever remedies exist at law or in equity. F. Termination of Contract(s). If termination of contract(s) is ordered, the person whose contract(s) was /were terminated may seek whatever remedies exist at law or in equity. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs 66 Page 10 of 11 Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: Word Processing \Ordinances \Ethics Code strike -thru 10 -16 -13 SK:bjs Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 11 of 11 67 68 City of Tukwila FINANCE AND SAFETY COMMITTEE Meeting Minutes October 8, 2013 — 5:30 p.m.; Conference Room #3 Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De' Sean Quinn and Verna Seal Staff: Stephanie Brown, Kim Gilman, Peggy McCarthy, Vicky Carlsen, Jennifer Ferrer -Santa Ines, Shelly Kerslake, Kimberly Matej, Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Consensus existed to take up items D and E as the first and second order of business, respectively. A. Resolution — Cancellation and Reporting of 2013 Unclaimed Property Staff is seeking Council approval of the annual resolution that would declare the cancellation of abandoned or unclaimed property that is owed to individuals or business owners in time for reporting to the Washington State Department of Revenue Unclaimed Property Section by November 1, 2013. This year's report includes the cancellation of outstanding General Fund claims and payroll checks in the total amount of $1,933.16. The City has performed due diligence in notifying the property owners, and checks were issued to those who were successfully contacted through that effort. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA. B. Ordinance— Amending Ordinance No. 2408 relating to the Final Assessment Roll for LID No. 33 Staff is seeking Council approval of an ordinance that would amend Ordinance No. 2408 by replacing its Exhibit B, the final assessment roll for Klickitat Local improvement District No. 33. After the passage of Ordinance No. 2408, it was discovered that eight parcels on the assessment roll contained outdated ownership data, and a corrected Final Assessment Roll must be adopted via a new ordinance. The corrected Final Assessment Roll also contains an annotation relating to an exemption for the King County Housing Authority on two parcels. The exemption was discovered after the assessment process had begun and it was determined that it would not be cost effective to start over. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA. C. Two Ordinances — Ethics Code for Elected Officials and for Employees and Appointed Officials Committee Chair Robertson provided an overview of a proposal to revise the Code of Ethics by adding a new chapter covering elected officials to include both the Council and the Mayor. A companion ordinance would amend the existing Code to remove the reference to elected officials, making it applicable only to City employees and appointed officials. This review and proposed revision to the Code was requested by the Council at its 2013 retreat, based upon a review of ethics policies for officials in other local municipal, county and state governments. The proposal removes language prohibiting "appearance of impropriety" as well as activity that might be seen as adverse to the interests of the City," on the grounds that those are concepts difficult to define and enforce and are not widely used in the comparison jurisdictions. Another impetus for the proposal is that all of the jurisdictions reviewed have a process under which investigations and decisions of complaints against elected officials are either performed by an ombudsman, appointed citizen board or the Council, and none have a process under which the Mayor performs the review or makes the final determination. 69 Finance & Safety Committee Minutes October 8, 2013 — Page 2 The investigation process outlined by the proposed ordinance begins with initial complaints first going to the Council President, who would review the validity of the complaint along with two other Councilmembers of his or her choosing. (lf the complaint is against the Council President, it would then go to the next most senior Councilmember.) If the initial review determines that the complaint is valid, it will next go to an investigator retained by the Council, who will investigate and provide results to the Council President for action. The Council President and two Councilmembers will prepare a written recommendation that is then discussed and decided by the entire Council with the exclusion of the complained about official. Committee members, staff, and the City Attorney discussed this proposal at length. Committee Chair Robertson proposed a further suggestion to add the City Attorney to the group of Council President and two Councilmembers undertaking the preliminary review of the complaint validity. The City Attorney stated that the Mayor's Office recommends that the Mayor should remain in the existing Code Chapter 2.95 to have the same process as City employees and appointed officials in keeping with Tukwila's separation of powers structure. Councilmember Quinn proposed that the Committee consider an appointed Ethics Board model, citing the City of Federal Way's Code of Ethics as a favorable example. Under this proposal, he would like to see the Council, Mayor and employees have the same review process, and the Council would not be involved in the preliminary determination of complaint or in an investigatory role. Councilmembers and staff discussed the ethics board model as well as the language regarding "appearance of impropriety" and "interests appearing adverse to the City." The City Attorney provided several real -world examples when those principles were legally applicable. Ultimately, Councilmembers Quinn and Seal stated they would like to retain that language applying to elected officials, employees, and appointed officials. Councilmember Robertson remained opposed. Committee members agreed in concept on a process of a preliminary review of validity by an appointed ethics board, an investigation of facts by an independent attorney, and a determination made by the Council. The Committee requested this issue return to the October 22 meeting, and requested the City Attorney prepare a proposal for a code that would apply to the Council and employees and incorporate an ethics board component. In addition, they requested to see options regarding the position of Mayor in the process. DISCUSSION ONLY. RETURN TO COMMITTEE ON OCTOBER 22, 2013. D. Resolution — Council Benefits Staff is seeking Council approval of a resolution that would update health insurance benefits for Councilmembers. Since 2001, Councilmembers have received a benefit in which they can receive reimbursement for eligible medical expenses up to $3,400 per year. However, due to the Patient Protection and Affordable Care Act (PPACA) of 2007, this expense reimbursement option is considered a stand -alone health plan and therefore prohibited after January 1, 2014. The Council previously had the option to enroll in the City's Self- Insured Medical /Dental plan, but with the changes due to the PPACA, continuing this enrollment option is now the only medical benefit available to Councilmembers. Enrollment in the plan would be available this December for coverage beginning January 1. The City plan would be secondary for Councilmembers receiving insurance through their workplace, and primary for those on a Medicare plan. The premium of $509.94 for an individual Councilmember per month would be paid by the City as it is for employees. In response to Committee member questions, the resolution will be presented at the October 22 Committee meeting with information regarding a Group Health option and clarification on the tier of coverage for those who already have primary and secondary insurance. In addition, staff is planning to add a recital to the resolution that explains the impetus for the change. Education on the change to Council benefits will be provided to Councilmembers on an individual or group basis as appropriate. DISCUSSION ONLY. RETURN TO COMMITTEE ON OCTOBER 22, 2013. 70 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Bruce Linton, Assistant Chief of Police DATE: October 16, 2013 SUBJECT: Police Department 3rd Quarter, 2013 Report BACKGROUND The Police Department would like to keep the Finance and Safety Committee better informed as to public safety and policing issues within the city. At a previous Finance and Safety meeting, I offered to provide the committee quarterly reports beginning in 2012. The committee was in unanimously favor of receiving quarterly reports. This report is for the third quarter of 2013. DISCUSSION During the presentation, I will discuss crime in Tukwila and strategies to reduce crime. RECOMMENDATION The report is for information and discussion only. The Finance and Safety Committee is not being asked to make any decisions. ATTACHMENTS Power Point Presentation — 3rd quarter report 71 72 Tukwila Pohce Department Finance and Safety Committee Quarterly Information Brief 3rd Quarter 2013 Finance & Safety Quarterly Information B ef Agenda 3rd Quarter Highlights Crime Statistics Crime Reduction Strategies A world -class police department delivering professional law enforcement service 2 Finance & Safety Quarterly Information Brief Highlights Staffing Crime Prevention Officer selected and started 9/1/13 Patrol Administrative Assistant selected One officer on long -term military deployment Employees recognized for outstanding service A world -class police department delivering professional law enforcement service 3 Finance & Safety Quarterly Information Brief Highlights Significant Operations Federal Seizure of Motels on TIB on 8/27/13 Travelers Choice Motel The Boulevard Motel Great Bear Motor Inn Human Trafficking Investigation /Operation Partnered with Federal Child Exploitation Task Force Two active "Pimps" and five prostitutes were arrested A world -class police department delivering professional law enforcement service 4 Finance & Safety Quarterly Information Brief Highlights Community Event National Night Out Against Crime 26 neighborhoods and businesses held events ■ New record 14 City of Tukwila teams visited the sites Touch -A -Truck TIB tours A world -class police department delivering professional law enforcement service 5 Finance & Safety Quarterly Information Brief Highlights Strategic Planning First Strategic Planning Committee held 9/13/13 Berk Consulting facilitated the meeting Situation Assessment developed Key sub - topics identified A world -class police department delivering professional law enforcement service 6 Finance &Safety Quarterly Information Brief 3rd Quarter Crime Statistics Case Reports 2500 2000 Third Quarter Ix 1500 2005 -2013 Second Quarter u 1000 Average 2005 2006 2007 2008 2009 2010 2011 2012 2013 A world -class police department delivering professional law enforcement service 7 Finance &Safety Quarterly Information Brief 3rd Quarter Crime Statistics s fo rSe 8000 Third Qu2rter ix 6000 2005 -2013 Second Quarter to 4000 Average 2005 2006 2007 2008 2009 2010 2011 2012 2013 A world -class police department delivering professional law enforcement service 8 Finance &Safety Quarterly Information Brief 3rd Quarter Crime Statistics 30 25 Robbery 20 10 2005 2006 2007 2008 2009 2010 2011 2012 2013 Third Quarter 2005 -2013 Third Quarter Average A world -class police department delivering professional law enforcement service 9 Finance & Safety Quarterly Information Brief 2013 Crime Statistics 25 20 15 10 5 0 Ro 2012-2013 Co b bery Offenses mpared to Previous Years Range Since 2005 2012-2013 A world-class police department delivering professional law enforcement service 10 Finance &Safety Quarterly Information Brief 3rd Quarter Crime Statistics 35 30 Aggravated Assault 25 54 20 8 15 10 5 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 Third (warier 2005 -2013 Third (warier Average A world -class police department delivering professional law enforcement service 11 Finance & Safety Quarterly Information Brief 2013 Crime Statistics 18 16 14 12 10 8 6 4 2 0 Aggravated Assault Offenses 2012-2013 Compared to Previous Years Ringe Since 2005 2012-2013 A world-class police department delivering professional law enforcement service 12 Finance &Safety Quarterly Information Brief 3rd Quarter Crime Statistics Burgh y lst and 2nd Degree 2005 2006 2007 2008 2009 2010 2011 2012 2013 Third Quarter 2005 -2013 Third Quarter Average A world -class police department delivering professional law enforcement service 13 Finance & Safety Quarterly Information Brief 2013 Crime Statistics 30 25 20 15 10 5 0 Burglary lst and 2nd Degree Offenses 2012-2013 Compared to Previous Years Ringe Since 2005 2012-2013 A world-class police department delivering professional law enforcement service 14 Finance &Safety Quarterly Information Brief 3rd Quarter Crime Statistics card Burg Third Quarter 2005 -2013 Third Quarter Average 2005 2006 2007 2008 2009 2010 2011 2012 2013 A world -class police department delivering professional law enforcement service 15 Finance & Safety Quarterly Information Brief 2013 Crime Statistics 40 35 30 25 20 15 10 5 0 Residential Burglary Offenses 2012-2013 Compared to Previous Years Ringe Since 2005 2012-2013 A world-class police department delivering professional law enforcement service 16 Finance &Safety Quarterly Information Brief 3rd Quarter Crime Statistics Auto Theft 200 180 160 140 2 120 tn a 100 80 60 40 20 Third Quarter 2005 -2013 Third Quarter Average 2005 2006 2007 2008 2009 2010 2011 2012 2013 A world -class police department delivering professional law enforcement service 17 Finance & Safety Quarterly Information Brief 2013 Crime Statistics 80 70 60 50 40 30 20 10 0 Auto Theft Offenses 2012-2013 Compared to Previous Years Range Since 2005 2012-2013 A world-class police department delivering professional law enforcement service 18 Finance & Safety Quarterly Information Brief 3rd Quarter Crime Statistics Theft from Vehicle 400 350 300 250 u, a 200 Third Quarter 2005 -2013 150 Third Quarter 100 50 0 Average 2005 2006 2007 2008 2009 2010 2011 2012 2013 A world -class police department delivering professional law enforcement service 19 Finance & Safety Quarterly Information Brief 2013 Crime Statistics 140 120 100 80 60 40 20 0 Theft from Vehicle Offenses 2012-2013 Compared to Previous Years Range Since 2005 2012-2013 A world-class police department delivering professional law enforcement service 20 Finance &Safety Quarterly Information Brief Crime Reduction Strategies Our crime reduction strategies support the city's strategic planning priorities City priority one —Crime reduction along TIB City priority two — Improved environment for community livability A world -class police department delivering professional law enforcement service 21 Finance & Safety Quarterly Information Brief Crime Reduction Strategies Crime Reduction Initiative Strategy A — Target Hot Spots & Key Offenders Strategy B Arrests Strengthen Investigations & Timely Strategy C — Increase Accessibility, Visibility & Responsiveness A world -class police department delivering professional law enforcement service 22 Finance & Safety Quarterly Information B ef Questions? A world -class police department delivering professional law enforcement service 23 CD 0)