HomeMy WebLinkAboutFS 2013-11-05 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. Matej
L. Humphrey
M. Grisham
C. Flores
J. Pace
V. Carlsen
TUESDAY, NOVEMBER 5, 2013 — 5:30 PM
CONFERENCE Room #3 (at east entrance of City Hall)
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Accept grant from Washington State Military and
a. Forward to 11/18 Consent
Pg.1
Homeland Security for emergency management in the
amount of $58,102.00.
Agenda.
Marty Grisham, Emergency Manager
b. An Interlocal Agreement with the City of Kent for the
b. Forward to 11/12 C.O.W.
Pg.5
Regional Fire Training Consortium.
and 11/18 Regular Mtg.
Chris Flores, Acting Fire Chief
c. An ordinance amending Tukwila Municipal Code
c. Forward to 11/12 C.O.W.
Pg.23
Section 2.68.026, setting the salary for the Municipal
and 11/18 Regular Mtg.
Court Judge.
David Cline, City Administrator
d. An ordinance amending the Revenue Generating
d. Forward to 11/12 C.O.W.
Pg.31
Regulatory License (RGRL) fee regarding rental housing.
and 11/18 Regular Mtg.
Jack Pace, Community Development Director
e. Tax levy legislation:
e. Forward to 11/12 C.O.W.
Pg.37
(1) Levying general taxes
for Public Hearing and
(2) Tax levy increase
discussion, and to 11/18
Vicky Carlsen, Deputy Finance Director
Regular Mtg.
f. Budget legislation:
f. Forward to 11/12 C.O.W.
(1) Capital Improvement Program (CIP) resolution
for Public Hearing and
Pg.45
(2) Budget amendment ordinance
discussion, and to 12/2
Pg.75
Peggy McCarthy, Finance Director
Regular Mtg.
g. An ordinance (3 options) regarding the Ethics Code.
g. Forward to 11/12 C.O.W.
Pg.91
Shelley Kerslake, ay Attorney
and 11/18 Regular Mtg.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, November 19, 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.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance & Safety Committee
FROM: Martin F. Grisham Emergency Manager
DATE: October 10, 2013
SUBJECT: Emergency Management Performance Grant (EMPG) Acceptance
ISSUE
The City of Tukwila Emergency Management Division has been awarded an "Emergency
Management Performance Grant" (EMPG) in the amount of $58,102.00.
BACKGROUND
This is the third year the city has been awarded this grant. The grant comes from the
Washington State Military Department and US Department of Homeland Security.
DISCUSSION
• The grant is a 50/50 matching grant. We have met and exceeded the match.
• The grant period runs from June 1, 2013 to August 31, 2014
• This is an annual grant that we apply for every year.
• This grant award is approximately $24,000 less than last year, and will continue to
decrease in 2014 and beyond.
FINANCIAL IMPACT
• The majority of this grant will be used to fund 50% of our CERT Coordinator /Public
Educator, bringing the position to a FTE in 2014.
• Rest of the grant will be used for equipment and supplies to support Emergency
Management programs.
RECOMMENDATION
The Finance and Safety Committee is being asked to forward this item to the November 18,
2013 Regular Meeting Consent agenda.
ATTACHMENTS
"Face Sheet" of Washington State Military Department, Homeland Security Grant Agreement
# E14 -122
1
2
Washington State Military Department
ELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub - grantee Name and Address:
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188 -2544
2. Grant Agreement Amount:
$58,102
3. Grant Agreement Number:
E14 -122
4. Sub - grantee Contact, phone /email:
Martin Grisham, (206) 971 -8740
marty.grisham @tukwilawa.gov
5. Grant Agreement Start Date:
June 1, 2013
6. Grant Agreement End Date:
August 31, 2014
7. Department Program Manager, phone /email:
Sierra Wardell, (253) 512 -7121
sierra.wardell @mil.wa.gov
8. Data Universal Numbering System (DUNS):
010207504
9. UBI # (state revenue):
179 - 000 -208
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT ") and the U.S. Department of Homeland Security (DHS)
11. Funding Source Agreement #:
EMW- 2013 -EP- 00050 -S01
12. Program Index # & OBJ /SUB -OJ
733PT NZ
13. CFDA# & Title:
97.042 EMPG
14. TIN:
91- 6001519
15. Service Districts:
(BY LEGISLATIVE DISTRICT): 11, 33, 37
(BY CONGRESSIONAL DISTRICT): 7, 9
16. Service Area by County(ies):
King
17.
Women /Minority-
Certified ?:
Owned, State
X N/A • NO
• YES, OMWBE
#
18. Agreement Classification
Services X
Public /Local Gov't
Other
19. Contract
Type (check all that apply):
X Grant
(RCW 39.34)
X Agreement
• Personal Services • Client
• Contract
• Intergovernmental
• Interagency
• Collaborative Research
• A/E •
20. Sub - Grantee Selection Process:
X "To all who apply & qualify"
Bidding
21. Sub - Grantee
Type (check all that apply)
Organization /Individual
Organization /Jurisdiction
X SUBRECIPIENT
• Competitive
• Private
• For - Profit
X Public
• Sole Source • A/E RCW
• N/A
• Non - Profit
• Filed w /OFM? • Advertised? • YES
• NO
• VENDOR
• OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub - Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature
Dan Swisher, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz (signature on file) 9/16/2013
Assistant Attorney General
Date Signature Date
Jim Haggerton
Mayor
APPROVED AS TO FORM (if applicable):
Applicant's Legal Review Date
Form 10/27/00 kdb
DHS - FEMA - EMPG -FFY 13
Page 1 of 28
City of Tukwila, E14 -122
3
4
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance & Safety Committee
FROM: Chris Flores, Acting Fire Chief
DATE: October 28, 2013
SUBJECT: South King County Training Consortium, Interlocal Agreement
ISSUE
The Tukwila Fire Department seeks to enter into an Interlocal Agreement with the Kent Regional
Fire Authority. This agreement pertains to the departmental relationship with the South King
County Training Consortium for the purpose of defining the participation of the Tukwila Fire
Department and of partnering and participating agencies, and which defines the
funding /contribution level to be borne by the City of Tukwila.
BACKGROUND
The Tukwila Fire Department entered into the South King County Training Consortium in
January of 2012. The relationship has proven to be extremely beneficial, and our department
has gained much more than we could have possibly imagined or projected. It is important to
note that through planning and execution, the consortium ensures that our members meet all
applicable laws and standards associated with their job requirements. Previous to our
participation, it would have been difficult to validate that same benchmark. Our original
contribution was determined to be two .75 FTE's employees assigned to the consortium. Both of
the Training Division Captains were reassigned, for the associated period and workload, to the
Kent Regional Fire Authority Training Facility under the supervision of a KRFA Battalion Chief.
While analyzing the first two years of our participation in the consortium the Kent Regional Fire
Authority has determined that they had absorbed costs associated with the participation of our
employees. They have proposed increasing the participation of both captains to .85 FTE, and
have presented the case for a nominal charge to offset administrative and supply costs.
DISCUSSION
The Assistant City Attorney has reviewed the agreement and has indicated that the Interlocal
Agreement is compliant and has recommended that it be moved forward for approval by the City
Council. It is the opinion of the Tukwila Fire Administration that our participation in the
consortium has affected some of the most positive changes in our organizational readiness than
could be attributed to any single program or event in the past decade, and that our investment in
this consortium has and will continue to help the department to meet goal four, that of being a
high performing organization, of the city strategic plan.
FINANCIAL IMPACT
The Kent Regional Fire Authority has communicated a fee of $13,800.00. This fee will cover
overhead and administrative costs that exceed our contribution of two .85 FTE's and whose
calculated value totals $255,000.00, as demonstrated on the attached cover sheet. The formula
for determining this calculation was applied to all participating agencies in a uniform manner.
The agency cost to be contributed by the City of Tukwila can be charged to Account Number
000 11 522 400 49 00 within the confines of the 2014 budget, reference page 207 of the City of
Tukwila 2013 -2014 Biennial Budget.
5
6
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to approve the agreement, and consider this item at the November
12, 2013 Committee of the Whole meeting and subsequent November 18, 2013 Regular
Meeting.
ATTACHMENTS
South King County Training Consortium (Interlocal Agreement)
W:12013 Info Memos - Council \ILATraininginterlocal2014.doc
SOUTH KING COUNTY FIRE TRAINING CONSORTIUM
August 8, 2013
Chris Flores, Fire Chief
Tukwila Fire Department
444 Andover Park East
Tukwila, WA 98188
Dear Chief Flores:
On behalf of the South King County Fire Training Consortium (SKCFTC), I want to thank
you and your staff for participating in the Training Consortium in 2013. Your
partnership is appreciated and recognized as a huge asset to the value and success of
the Training Consortium.
We have attached the South King County Fire Training Consortium Inter local
Agreement (ILA) for approval. and signature by the Tukwila Fire Department. If there
are legal questions relating to the ILA, please contract RFA Attorney Brian Snure at
(206) 824-5630.
The fiscal contribution by the Tukwila Fire Department to participate in the Training
Consortium for 2014 as identified in the ILA Agreement breaks down as follows:
64 Members (Firefighters)
• The credit given to jurisdictions for contribution of personnel is as follows:
• .85 FTE - Captain $127,500
• .85 FTE - Captain $127,500
Total Contributions Credited $255,000
• Cost per Member
$4,200
64 x $4,200 = $268,800 annual agency cost
• Annual Agency Cost
Contributions Credited
Difference
$268,800
$255,000
($13,800)
If the ILA is approved, the Tukwila Fire Department will pay the amount of $13,800 on
or before February 1, 2014.
If you would like someone from the Kent Fire Department RFA to attend the City
Council meeting when you present the ILA, please let us know; we would be very open
to assist in any way needed.
24523 116th Avenue SE, Kent, WA 98030
(253) 856-4330
7
8
South King County Training Consortium
(Interlocal Agreement)
This agreement is made and entered into by the Kent Fire Department Regional Fire Authority,
"Kent RFA" and the undersigned municipal corporations, collectively referred to as "Agency" or
"Agencies."
RECITALS
1. This agreement is entered into in conformity with chapter 39.34 RCW, the Interlocal
Cooperation Act.
2. The Agencies currently each maintain and operate their own fire departments to provide
emergency responder services, including fire protection, fire suppression, and emergency
medical services in their respective areas.
3. It is recognized that the Agencies have staffs that are performing similar tasks on a daily basis
and that have varied talents, skills, and expertise; and by allowing the staff to coordinate and
collaborate, the skills and abilities of the individuals could be used in a manner that increases the
level and efficiency of training;
4. The Agencies desire to provide training at the highest possible level while managing the costs by
eliminating duplication of effort and/or expenses where feasible and making the most effective
use of combined resources;
5. The Agencies have concluded that collaboration based on equal participation would provide the
highest level of training with the least duplication and cost and allow for the completion of
functions not possible within current funding;
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, it is agreed
between the Agencies as follows:
1. Purpose and Scope of Agreement. The purpose and scope of this Agreement is to formally
establish a Training Consortium to further implementation of joint training activities and
operations. Each Agency shall retain full authority for and jurisdiction over fire protection,
prevention and suppression, boundaries, elections, and budgets and all other matters not
specifically addressed in this Agreement.
2. Governing Structure of Training Consortium
2.1. Administrative Board.
(a) The Administrative Board shall be composed of the Fire Chief of each Agency to this
Agreement. The Administrative Board shall be responsible for:
(i) Overseeing administration of the fiscal arrangements as set forth in this
Agreement ( "Fiscal Agent ");
Training Consortium Interlocal Agreement —Page 1
9
(ii) Directing, guiding and overseeing the actions of the Operations Board.
(iii) Implementing the recommendations of the Training Chief; and
(iv) Communicating with the governing bodies of the Agencies to this Agreement.
(b) The Administrative Board shall meet a minimum of twice per year. Each Chief shall
have an equal vote on matters that come before the Administrative Board. Any
decisions of the Administrative Board that involve the expenditure or obligation of an
Agency's funds shall constitute a recommendation to the governing bodies of the
Agencies and shall not be effective until the governing bodies of each Agency have
approved such recommendation.
2.2. Operations Advisory Team "OAT"
(a) The OAT shall be composed of the Consortium's Training Chief and the operations
chiefs from each Agency to this Agreement. The OAT shall be responsible for:
(i)
Consulting and communicating with the Training Chief on matters involving
Agency Operations.
(ii) Work with the Training Chief to establish consistency in operations between the
Agencies.
(iii) Work with the Training Chief to insure the training curriculum is consistent with
Agency operations.
2.3. Training Consortium Chief.
(a) The Training Consortium Chief "Training Chief' shall be the Kent RFA Training
Division Chief. The Training Chief shall be responsible for:
(i) Recommending annual goals and objectives to the Administrative Board;
(ii) Developing common operating guidelines for all Agencies;
(iii) Developing common training programs, processes, and instructional materials
for all Agencies
(iv) Developing common training calendars for all Agencies;
(v) Performing such other tasks as directed by the Administrative Board.
(vi) Developing an annual Budget for the Training Consortium.
(vii) Managing the Training Consortium on a day -to -day basis.
2.4. Firefighter Training Advisory Team "FTAT"
(a) The FTAT shall be composed of firefighters and medics participating in the training
consortium as appointed by the Training Chief in a manner that insures each Agency
Training Consortium Interlocal Agreement —Page 2
10
is represented on the committee with representatives proportional to the number of the
Agency's employees receiving training from the Consortium. The FTAT shall be
responsible for:
(i)
Providing feedback and input to the Training Chief regarding the content of the
training provided.
(ii) Coordinate communications between the Training Chief and the employees
receiving training from the Consortium
3. Joint Decision Making
3.1. This Agreement does not alter the current command structure and organizational
responsibilities of any Agency. However, this Agreement will allow for joint decision -
making by the Administrative Board to modify command structures and organization
responsibilities relating to training within the Consortium.
3.2. Joint decision - making shall be exercised through the Administrative Board and shall apply
only to those areas specifically identified by this Agreement. The Administrative Board
shall make joint decisions using the following procedure. Joint decisions shall only be made
at a meeting of the Administrative Board attended by all Agency representatives. Joint
decisions shall be made by a simple majority vote. A Chief unable to attend a meeting may
vote by proxy by either sending a designated representative or by notifying the
Administrative Board of the Chief s vote via email or fax prior to the meeting or by
providing a written proxy to another Chief attending the meeting.
4. Fiscal Arrangements
4.1. The Kent RFA shall be the entity that manages the finances of the Training Consortium as
part of the Kent RFA's annual budget.
4.2. On or before August 1st of each year, the Administrative Board shall prepare an annual
budget for the Consortium operations that identifies each Agencies personnel and financial
responsibilities for the following year. The financial responsibilities will be based on a cost
per member (based on having one FTE per 45 members) recommended by the Training
Chief and approved by the Administrative Board using the following components.
(a) FTE Cost. The cost of an FTE (regardless of rank) shall be based on the average fully
burdened cost of a Kent RFA Battalion Chief, Captain and Firefighter.
(b) Administrative Fee. An administrative fee of 13% of the FTE Cost designed to cover
the Kent RFA's administrative costs in managing the Training Consortium including a
portion of the cost of the Training Chief and necessary administrative staff support.
(c) Supplies and Maintenance Fee. A supplies and maintenance fee of 13% of the FTE
Cost designed to cover the Kent RFA's costs in purchasing consumable supplies and
for maintaining the Kent RFA's training facilities and equipment.
(d) Cost Per Member. FTE Cost +Administrative Fee + Supplies and Maintenance
Fee /45 = Cost per Member.
Training Consortium Interlocal Agreement —Page 3
11
(e) Cost per Non - Firefighter Member (Medic One) Eighty percent of Cost Per
Member.
(f)
(g)
Cost per Volunteer Member. Seventy percent of Cost Per Member.
Annual Agency Cost. Cost per Member x Total Agency Members enrolled = Annual
Agency Cost. Adjusted as necessary for Volunteer Members and Non - Firefighter
Members (Medic One).
(h) The Annual Agency Cost of each agency may be satisfied by contributions of
personnel (at the FTE value established above), cash, property or other services as
approved by the Administrative Board.
4.3. In the event the Administrative Board determines during the course of the year that
additional expenditures or contributions from one or more participating Agencies are
necessary, the Administrative Board shall make a recommendation/request to the
appropriate Agency.
4.4. In the event an Agency satisfies its Annual Agency Cost with a cash payment, the full value
of such cash payment shall be made to the Kent RFA on or before February 1St of each year.
In the event an Agency that provides personnel or equipment is entitled to receive a cash
payment in return, the Training Consortium shall make such cash payment to the Agency on
or before February 1st of each year.
5. Resources: This Agreement allows for the collaborative acquisition, use, and management of
property, equipment, or monies "Resources." Prior to commingling any Resources under this
Agreement, all equipment and property with a value of more than $1,000.00 used in the
performance of this Agreement shall be appropriately marked and inventoried by the contributing
Agency. Ownership of Resources shall remain with the Agency that purchases or provides the
Resource. Jointly owned resources, if any, may be purchased pursuant to a separate agreement by
the Agencies, and shall be listed in EXHIBIT A to this Agreement "Joint Resources." The
ownership and distribution of jointly owned resources shall be governed by the following
paragraphs
5.1. The ownership of Joint Resources acquired after the execution of this agreement shall be
documented on Exhibit A. Such Joint Resources shall be owned by the Agencies to this
agreement in proportion to the financial and in -kind contribution of each Agency in the year
of acquisition of such Resources "Ownership Share."
5.2. If this agreement is terminated as to all Agencies the depreciated value of the Joint
Resources acquired under the terms of this agreement shall be divided in accordance with
the Ownership Shares.
5.3. In the event an Agency withdraws from this Agreement, such Agency shall forfeit such
Agency's Ownership Share in the Joint Resources.
Training Consortium Interlocal Agreement —Page 4
12
6. Personnel. Each Agency shall cooperate with the Administrative Board and shall allow its
employees and volunteers "Training Personnel" to perform the functions as assigned by the
Training Chief exercising authority under this Agreement.
6.1. The Training Chief shall have the authority to determine the working location and
conditions for Training Personnel when assigned to the Training Division. Through the
joint decision making process as defined herein, the Agencies may be asked to fill positions
or roles not currently staffed within any of the Agencies. Such assignments, if they do not
create additional financial responsibilities or litigation impacts for an Agency, shall be
controlled by the Administrative Board and shall not require further approval by any
Agency.
6.2. Each Agency shall remain as the employer of its own Training Personnel and shall be
responsible for establishing and paying Training Personnel compensation and benefits. The
Administrative Board shall make recommendations and shall work with the various
Agencies and bargaining units to develop uniformity in wages, benefits and working
conditions.
6.3. It is understood by the Agencies that the services provided by Training Personnel pursuant
to this Agreement will mutually benefit each Agency in proportion to the benefits received
by that Agency.
6.4. The Administrative Board shall establish the chain of command for Training Personnel
under this Agreement. However, the responsibility for hiring, evaluating, firing and
disciplining Training Personnel shall remain with the employing Agency. An employing
Agency may seek input from the Administrative Board in hiring, evaluating, firing or
disciplining Training Personnel, but such guidance shall be optional and nonbinding on the
Agency seeking guidance.
6.5. Training Personnel filling shared functional position will be provided an explanation of
roles, responsibilities, duties and expectations of the shared position prepared by the
Training Chief.
6.6. To the extent this Agreement would result in any personnel changes that affect the wages,
benefits or working conditions of any represented employees, the Training Chief shall assist
the governing body of the affected employing Agencies and the affected bargaining units to
address such impacts prior to the implementation of the change.
7. Training Division Chief
7.1. The Kent RFA agrees to hire and staff the Training Consortium Chief position. The
Agencies intend that the Kent RFA Training Division Chief will serve as the Training
Consortium Chief as contemplated by this Agreement. In recognition of this understanding
the parties agree to work cooperatively in accordance with the following provisions to assist
Kent RFA in maintaining its Training Division Chief position.
(a) Kent RFA shall be the employer of the Training Chief Accordingly, Kent RFA shall
be solely responsible for all matters related to the Training Chiefs human resource
management, performance appraisals, employee relations, work related practices,
Training Consortium Interlocal Agreement —Page 5
13
performance effectiveness and responsiveness, conformance with Consortium
expectations, and discipline.
(b) Kent RFA shall be solely responsible for the salary and benefits of its Training
Division Chief and the Training Division Chief shall be considered "Training
Personnel" pursuant to Paragraph 6 of this Agreement.
8. Insurance
8.1. The Agencies shall each provide and maintain - suitable commercial general liability and auto
liability insurance policies to protect it from casualty losses by reason of the activities
contemplated by this Agreement. The limits of liability for each coverage shall be at least
$5,000,000 each occurrence. Each Agency shall provide the other with a Certificate of
Liability Insurance or Evidence of Coverage, provided that any Agency that is self - insured
will provide a letter of self - insurance as evidence of coverage.
9. Indemnification
9.1. Each Agency shall be responsible for the wrongful or negligent actions of its employees
while participating in this Agreement as their respective liability shall appear under the laws
of the State of Washington and/or Federal Law and this Agreement is not intended to
diminish or expand such liability. Each Agency shall execute all necessary facility use
agreements, liability waivers or other releases required by third party owners /operators for
the use of any training facilities by the Consortium and the Agency's employees.
9.2. To that end, each Agency promises to indemnify, defend and hold harmless all the other
Agencies from any loss, claim or liability arising from or out of the negligent tortious
actions or inactions of its employees, officers and officials. Such liability shall be
apportioned among the Agencies or other at fault persons or entities in accordance with the
laws of the State of Washington. Each agency shall be solely responsible for its own
attorney fees and any litigation related costs.
9.3. Nothing herein shall be interpreted to:
(a) Waive any defense arising out of RCW Title 51, provided; however, each Agency
agrees that its obligations under this provision extend to any claim demand, and/or
cause of action brought by or on behalf of any of its employees or agents. The
foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Agency's immunity under Washington's Industrial Insurance Act, RCW Title 51,
as respects to the other Agencies only, and only to the extent necessary to provide
each Agency with a full and complete indemnity of claims made by the other Agency's
employees. The Agencies acknowledge that these provisions were specifically
negotiated and agreed upon by them.
(b) Limit the ability of a participant to exercise any right, defense, or remedy which an
Agency may have with respect to third party Agencies or the officer(s) whose action
or inaction give rise to loss, claim or liability including but not limited to an assertion
that the employee was acting beyond the scope of his or her employment.
Training Consortium Interlocal Agreement —Page 6
14
(c) Cover or require indemnification or payment of any judgment against any individual
or Agency for intentionally wrongful conduct outside the scope of employment of any
individual or for any judgment for punitive damages against any individual or
Agency. Payment of punitive damage awards, fines or sanctions shall be the sole
responsibility of the individual against whom said judgment is rendered and/or his or
her employer, should that employer elect to make said payment voluntarily. This
agreement does not require indemnification of any punitive damage awards or for any
order imposing fines or sanctions.
10. Dispute Resolution.
10.1. Prior to any other action, the Administrative Board shall meet and attempt to negotiate a
resolution to such dispute.
10.2. If the parties are unable to resolve the dispute through negotiation, any party may demand
mediation through a process to be mutually agreed to in good faith between the parties
within 30 days. The parties shall share equally the costs of mediation and shall be
responsible for their own costs in preparation and participation in the mediation, including
expert witness fees and reasonable attorney's fees.
10.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute
then, within 30 calendar days, any party may submit the matter to binding arbitration
according to the procedures of the Superior Court Rules for Mandatory Arbitration,
including the Local Mandatory Arbitration Rules of the King County Superior Court, King
County, Washington, as amended, unless the parties agree in writing to an alternative
dispute resolution process. The arbitration shall be before a disinterested arbitrator with both
parties sharing equally in the cost of the arbitrator. The location of the arbitration shall be
mutually agreed or established by the assigned Arbitrator, and the laws of Washington will
govern its proceedings. Each party shall be responsible for its own costs in preparing for
and participating in the arbitration, including expert witness fees and reasonable attorney's
fees.
10.4. Unless otherwise agreed in writing, this dispute resolution process shall be the sole,
exclusive and final remedy to or for any party for any dispute regarding this Agreement, and
its interpretation, application or breach, regardless of whether the dispute is based in
contract, tort, any violation of federal law, state statute or local ordinance or for any breach
of administrative rule or regulation and regardless of the amount or type of relief demanded.
11. Term of Agreement
11.1. In the event any Agency shall desire to renegotiate any of the provisions of this agreement,
such Agency shall give one -year advance written notice to the other Agencies. The written
notice shall specify the provision to be negotiated and the requested change. Such requests
to renegotiate shall not be considered a notice of termination.
11.2. This agreement shall be effective on January 1, 2014 and shall continue for a term of three
(3) years. It shall be renewed automatically thereafter for successive one- year terms.
Training Consortium Interlocal Agreement —Page 7
15
12. Termination/Withdrawal
12.1. Any Agency may withdraw from this agreement at the end of the initial term or at the end of
any one -year term by filing within the others a notice of termination by December 31st of
the preceding year. In the event an Agency terminates its participation under this paragraph
but the remaining Agencies continue the Agreement, the Agency that terminated its
participation shall be considered a withdrawing Agency that is not entitled to any refund of
its prior contributions or its share of any Jointly Owned Resource
12.2. This agreement may be terminated by consensus of a majority of the Agencies, effective the
end of any calendar year, upon giving written notice thereof to the other Agencies by July 1
of the preceding year. In the event of a termination under this paragraph any Joint Resources
shall be allocated among the parties in the manner specified in Paragraph 5.
12.3. If an Agency consolidates with another municipal or local government entity through
merger, annexation, or through the creation of a Regional Fire Protection Authority, the
consolidated entity shall become an Agency to this Agreement and a successor in interest to
the Agency's interest on the effective date of the consolidation without any action by the
remaining Agencies, unless otherwise required.
13. Additional Agencies.
13.1. Additional Agencies may join the South King County Training Consortium when approved
by a majority vote of the Administrative Board and upon approval and execution of this
Interlocal Agreement.
13.2. The Kent RFA may authorize one year "Associate Agency" Interlocal Agreements with
municipal corporations for one year trial participation in the South King County Training
Consortium. Such Associate Agencies shall be required to agree to the indemnification,
insurance and personnel provisions of this Agreement and to contribute financially in
accordance with the financial terms in Paragraph 4 but shall have interest in joint resources
and no administrative or decision making authority.
14. Miscellaneous
14.1. Notices. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any
written notice hereunder shall become effective upon personal service or three (3) business
days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
14.2. Benefits. This agreement is entered into for the benefit of the Agencies to this agreement
only and shall confer no benefits, direct or implied, on any third persons.
14.3. Severability. If any provision of this agreement or its application is held invalid, the
remainder of this agreement shall not be affected.
14.4. Amendments. This Agreement represents the entire agreement of the Agencies regarding
the subjects addressed herein. Amendments to this Agreement may be proposed by the
Training Consortium Interlocal Agreement —Page 8
16
Administrative Board or by any Agency to the Agreement. To become binding,
Amendments must be made in writing and must be recommended for approval by the
Administrative Board and approved by the unanimous consent of the Agencies to the
Agreement. The Agencies agree, in the event that changes in federal or state law or changes
in the boundaries of any or all Agencies that effect the performance of any Agency, to enter
into good faith negotiations to insure continuation of the operations.
15. Execution.
15.1. This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which will together constitute this one Agreement.
IN WITNESS WHEREFORE, the Agencies by the signatures of their authorized representatives
have executed this agreement effective upon the date of signatures.
SIGNATURE PAGES FOLLOW
Training Consortium Interlocal Agreement —Page 9
17
KENT FIRE DEPARTMENT CITY OF TUKWILA
REGIONAL FIRE AUTHORITY
By: By:
DATE: DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Brian Snure,
Attorney for RFA City Attorney
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
gQ c-l-e.‘
Fire Chief
24611 116th Ave. S.E.
Kent, WA 98030
18
f c� S Cest,ir Eta
AJA 'I0 8-V
Training Consortium Interlocal Agreement —Page 10
KING COUNTY FIRE PROTECTION NORTH HIGHLINE FIRE DISTRICT
DISTRICT NO. 2
By: By:
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Brian Snure
Attorney for District Attorney For District
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Training Consortium Interlocal Agreement —Page 11
19
KING COUNTY FIRE PROTECTION MAPLE VALLEY FIRE & RESCUE
DISTRICT NO. 20
By: By:
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for District Attorney For District
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
20
Training Consortium Interlocal Agreement —Page 12
KING COUNTY MEDIC ONE
By:
DATE:
APPROVED AS TO FORM:
Attorney for King County Medic One
NOTICES TO BE SENT TO:
Training Consortium Interlocal Agreement —Page 13
21
EXHIBIT A
JOINTLY OWNED RESOURCES
Training Consortium Interlocal Agreement —Page 14
22
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: FINANCE AND SAFETY COMMITTEE
FROM: Mayor Haggerton
David Cline, City Administrator
DATE: October 31, 2013
SUBJECT: Reappointment of Municipal Court Judge
ISSUE
The term of office for Judge Kimberly Walden will expire at the end of this year and it is my
intent to appoint her for an additional 4 -year term commencing January 1, 2014. The Tukwila
Municipal Code (TMC) 2.68.025 and the Revised Code of Washington (RCW) stipulate that the
judge's salary shall be fixed by ordinance.
BACKGROUND
Judge Walden was first appointed to the Tukwila Municipal Court in 2003 to fill the unexpired
term of Judge Peter Lukevich. Upon expiration of that term she was reappointed and has
served Tukwila since March, 2003.
DISCUSSION
Judge Walden has served admirably since her appointment to the Tukwila Municipal Court.
Under her direction the Court continues to be a professionally run organization implementing
several innovative programs including the Jail Alternatives Program, a proactive Probation
Division and several cost - cutting and efficiency producing procedures.
An ordinance fixing the judge's salary is attached for your review. We propose to increase the
Judge's position from a .75 FTE to a .85 FTE, an additional 4 hours per week. We also propose
that we calculate Judge Walden's salary at .85 of the salary set for District Court Judges in the
Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected
Officials adopted on an annual basis. Holidays and Healthcare /Dental benefits would also be
prorated at 85 %.
RECOMMENDATION
The Council is being asked to consider this item at the November 12, 2013 Committee of the
Whole meeting and the subsequent November 18, 2013 Regular meeting.
ATTACHMENTS
Ordinance in draft form with attachments
23
24
DRFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2261, AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 2.68.026, REGARDING THE SETTING OF SALARY
FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City requires the services of a Municipal Court Judge who is
appointed to a four -year term; and
WHEREAS, the current Municipal Court Judge will be reappointed to a term
commencing January 1, 2014, under the contract for Municipal Court Judge services
attached hereto as Exhibit A; and
WHEREAS, pursuant to RCW 3.50.080, the salary of the Municipal Court Judge shall
be fixed by ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2261 §2, as codified at Tukwila
Municipal Code Section 2.68.026, is hereby amended to read as follows:
2.68.026 Municipal Judge Salary. The salary of the Municipal Court Judge shall be
fixed by ordinance and set at the rate
City Council of 85% of the District Court Judges Salary as set by the Salary Schedule
adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an
annual basis.
•
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.
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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 on 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:
Exhibit A: Contract for Municipal Court Judge services
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Page 2 of 2
Exhibit A
MEMORANDUM OF UNDERSTANDING
TO: Honorable Kimberly Walden, Municipal Court Judge
FROM: Jim Haggerton, Mayor
DATE: November 18, 2013
RE: Terms of Re- Appointment as Tukwila Municipal Court Judge
This Memorandum of Understanding will re- confirm your appointment as the Municipal Court
Judge for the City of Tukwila. This appointment covers the period from January 1, 2014 through
December 31, 2017 and is pursuant to judicial and legal mandates governing such
appointments (RCW 3.50.040 and TMC 2.68). The following wages and benefits are provided to
you effective January 1, 2014, during the term of your appointment:
WAGE: Salary set at 85% of the District Court Judges Salary as set in the Salary
Schedule adopted by the Washington Citizens' Commission on Salaries for
Elected Officials on an annual basis. The current schedule, adopted on May 22,
2013 is attached hereto. All taxes, social security and related deductions shall be
made from your wages.
BENEFITS: General Leave: You are entitled to accrue a general leave bank to use for sick
leave and /or vacation, as you deem appropriate. This general leave shall accrue
at the rate of 12 hours per month to a maximum accrual of 96 hours. Any hours
over 96 that are not used are defaulted back to the City. Upon the ending of your
appointment, any leave hours, up to a maximum of 96 hours will be paid off at
the rate of $70.00 per hour.
Holidays: You shall be entitled to the same holidays as the Non - Represented
employee group, paid at a prorated rate of 85% commensurate with your hours
on the bench.
Healthcare /Dental: You have the option of participating in the City of Tukwila
Medical /Dental self- insured plan, Group Health Cooperative or waiving this
benefit. The City will pay 85% of the premium for you and your dependents.
Payments by you will be a minimum of 15% and may be higher if the GHC plan is
selected and premiums are higher than the City's self- insured plan. Your share
of the premium will be made by payroll deduction.
Please sign the attached Personnel Action Form (PAF) and the bottom of this memorandum to
indicate agreement.
Agreed to this day of November, 2013.
Jim Haggerton, Mayor Kimberly Walden, Judge
27
28
2013 and 2014 Salary Schedule
Adopted May 22, 2013
Executive Branch
166,891 166,891
93,948 97,000
116,950 116,950
116,950 125,000
116,950 116,950
151,718 151,718
116,950 116,950
121,618 124,050
Governor
Lieutenant Governor
Secretary of State
Treasurer
Auditor
Attorney General
Insurance Commissioner
Supt. of Public Instruction
Commissioner of Public
Lands
Supreme Court Justices
Court of Appeals Judges
Superior Court Judges
District Court Judges
Legislator
Speaker of the House
Senate Majority Leader
House Minority Leader
Senate Minority Leader
121,618 124,050
Judicial Branch
164,221 167,505
156,328 159,455
148,832 151,809
141,710 144,544
Legislative Branch
42,106
50,106
50,106
46,106
46,106
42,106
50,106
50,106
46,106
46,106
(479 total positions for whom we set salaries.)
166,891
97,000
116,950
125,000
116,950
151,718
116,950
127,772
124,050
172,531
164,238
156,363
148,881
42,106
50,106
50,106
46,106
46,106
The Final salary schedule was adopted at a public meeting on May 22, 2013.
29
30
City of Tukwila
T{]:
Jim Haggerton, Mayor
INFORMATIONAL V��U�^�������U�
uu�u ����n�nu�mu nx��x�m�uu~ x�uu~x�u��n���u�����o�n
Mayor Haggerton
Finance and Safety Committee
FROM: Community Development
Finance Department
DATE: October 16, 2013
SUBJECT: Revenue Generating Regulatory License (RGRL) fee on Residential Rental
Business Licenses
ISSUE
F7eviG8TK4C 5.04.02 to exempt residential rental properties with 1-4 units from the Revenue Generating
Regulatory License (RGRL) fee; eliminate the existing RGRL exemption applicable to residential rental
properties with gross annual receipts of Iess than $12.000.
BACKGROUND
In 3010. the City Clerk's Office processed and issued all business licenses. Residential rental property
owners were required to have a business Iicense if they had five or more rental units. No RGRL fees were
assessed at that time.
In 2011. business licensing was transferred to the Finance Department and the RGRL was adopted as a
new fee, the RGRL fee was assessed to all businesses licenses including residential rental business
licenses regardless of how many units there were. In general, the RGRL fee is based on a calculation of
employee hours worked with a minimum fee of $55. However, a residential rental property with less than
$1 2,000 of annual gross receipts was exempted from the RGRL fee.
The Code Enforcement Staff administers the residential rental license program, and the RGRL fee as it
pertains to the residential rental licenses. As of January 1, 2011. an applicant was subject to a base
license fee of either $50 or $100 depending on the # units in the property plus the RGRL fee based
DO full-time equivalent employees. If gross annual revenue is $12.000 or more the RGRL fee of
$0.034896 x annual FTE hours must be calculated and paid. This dual fee structure creates
confusion to the applicant and requires staff explanation of the RGRL fee and time to address
inquiries on how to calculate the amount due.
AdditiVno||y, because of the complexity and time required, verification of eligibility for the $12'000 gross
receipt exemption has not been undertaken. Of the 050 rental properties on record in 2012. 60Y6 or 393
claimed the exemption and paid no RGRL fee.
DISCUSSION
Changing the RGRL fee exemption from those residential rental properties with gross receipts of less
than $12,000 to those residential rental properties with 1-4 units would reduce the Code Enforcement
administrative efforts required to explain and follow-up on the fee and will also provide an exemption
criterion that is easier to verify. A precedence was set before the RGRL fee was established whereby
residential properties of 1-4 units were not treated as businesses. Of the 650 residential rental units
on record in 2012, 590 units would fall underthis exemption.
INFORMATIONAL MEMO
Page 2
# of
Units
Count of
Properties
FEES
Total License RGRL Inspection
1 510 $ 36,113 $ 25,400 $ 7,920 $ 2,800
2 17 1,650 850 660 140
3 21 3,020 1,050 990 980
4 42 4,410 2,100 1,925 385
Sub -total 590 45,193 29,400 11,495 4,305
5+
60 11,980 6,000 4,895 1,085
TOTAL
650 $ 57,173 $ 35,400 $
16,390 $ 5,390
Of the 590 properties with 1 -4 units, 387 or 66% claimed exemption to the RGRL fee and 198 or 34%
paid the minimum RGRL fee of $55.
FINANCIAL IMPACT
Based on the 2012 results, an exemption of properties with 1 -4 units from the RGRL fee would reduce
annual RGRL fee revenue by approximately $11,495.
RECOMMENDATION
Staff recommends omitting the RGRL fee on 1 -4 units and continuing to collect the RGRL fee on 5 or
more units. This would reduce code enforcement staff time needed to explain the fee and assist with
calculations and free up time to focus on the program's intent to protect the public health, safety and
welfare, and proper maintenance of rental housing.
The Council is being asked to approve the ordinance and consider this item at the November 12,
2013 Committee of the Whole meeting and subsequent November 18, 2013 Regular Meeting.
ATTACHMENTS
Ordinance in draft form
32
DR FT
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
VARIOUS ORDINANCES, AS CODIFIED AT TUKWILA
MUNICIPAL CODE SECTION 5.04.020, "APPLICATION
AND FEES REQUIRED," TO AMEND THE FEE
STRUCTURE ON RESIDENTIAL RENTAL BUSINESS
LICENSES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City desires to eliminate the Revenue Generating Regulatory License
(RGRL) fee on residential rental business licenses for properties with fewer than five units;
and
WHEREAS, this policy change would reduce the administrative time spent managing
the fee structure for residential rental business licensing and allow more time for the
inspection component of the program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.04.020 Amended. Ordinance Nos. 2381 §3, 2356 §2,
2333 §3 and 2315 §1 (part), as codified at Tukwila Municipal Code (TMC) Section
5.04.020, "Application and fees required," are hereby amended to read as follows:
5.04.020 Application and fees required
A. Application Required. Any person desiring to establish or conduct any
business enterprise or undertaking within the corporate limits of the City shall first apply
to the Finance Department for a license to conduct such business. The application shall
be upon a form furnished by the Finance Department on which the applicant shall state
the company name and address; the nature of the business activity or activities in which
he desires to engage; the place where the business will be conducted; the number of
employees, whether full or part-time, on the payroll as of January 1, or, if a new
business, the number to be employed on the opening date; the Washington State
Unified Business Identifier (UBI) number; and other information pertaining to the
business as required by the City. Owners of residential rental property are not subject
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to the application requirements in this chapter but shall adhere to the application
requirements in TMC Chapter 5.06.
B. Fee - General.
1. The application must be accompanied by payment for the amount of the
license fee. The license fee for the annual license issued under this chapter shall be
$67.00 per full -time equivalent (FTE) employee, which consistsing of a $12.00 per FTE
business license fee plus a $55.00 per FTE Revenue Generating Regulatory License
(RGRL) fee. The annual license fee shall be calculated by multiplying the number of
full -time equivalent employees that worked in Tukwila during the previous calendar year
by the license fee.
2. For owners of residential rental properties with 5 or more units, the annual
license fee shall be calculated by combining the total amounts from:
a. Multiplying the number of full -time equivalent employees that worked in
Tukwila during the previous calendar year by the RGRL fee, and, -
b. The annual Residential Rental Business fee shall include a License fee
as set forth in TMC Chapter Section 5.06.040.
3. It will be the responsibility of the business or residential rental property
owner to determine the total number of FTE employees and, if required, demonstrate to
the satisfaction of the Finance Director or his /her designee that the calculation and
information is -are accurate. Employers without a full year of operating history shall
estimate the number of FTE employees that will be employed in a 12 -month period.
C. Minimum Fee. There shall be a minimum fee for an annual license of $67.00,
which consistsing of a $12.00 business license fee and a $55.00 RGRL fee, except for
an entity defined in TMC Section 5.04.090.
1. A business with less than $12,000.00 of annual gross receipts shall pay the
minimum license fee.
2. A residential rental property with less than $12,000.00 of annual gross
rcceipts fewer than 5 units shall be exempt from the RGRL fee, but shall be subject to
the Residential Rental Business License fee requirements as set forth in TMC Section
5.06.040.
23. An entity engaging in some activities or functions that are exempt from the
combined business license fee and some that are not exempt shall pay a license fee
based on the number of full -time equivalent employees involved in the functions or
activities that are not exempt.
3'1. An individual person operating more than one business as sole
proprietorship or owning more than one residential rental property within the corporate
limits of the City shall pay only one RGRL fee, at an amount equal to the highest RGRL
fee for any one of the multiple businesses, if not otherwise exempt from paying the
license fee pursuant to this chapter. TMC Section 5.04.020.C.34 shall not apply if any
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Page 2 of 4
one of the businesses or properties owned by the sole proprietor has three or more full -
time equivalent employees.
45. If a business has more than one location in Tukwila, the license fee
calculation shall include at least the minimum fee for each location.
56. The license fee for a business required to be licensed under this chapter
and not located within the City's corporate limits shall be calculated by multiplying the
license fee by the number of FTE employees working within the City, but in no event
shall the license fee be less than the minimum license fee set forth in this chapter. If the
number of FTE employees is not known at the time of renewal, the business shall
estimate the maximum number of FTE employees they anticipate working in Tukwila for
the 12 -month period subject to licensure.
67. Businesses doing business in the City that have no employees physically
working within the City shall pay the minimum fee required under this chapter.
78. Businesses or organizations eligible for a temporary business license
pursuant to TMC Section 5.04.010 will be required to pay the minimum $67.00 business
license fee unless the applicant is participating at a City- sponsored event or as part of
an event held at the Tukwila Community Center. If an applicant is participating at a
City- sponsored event or as part of an event held at the Tukwila Community Center, they
will be required to complete all application requirements and approvals required by the
City's Parks and Recreation Department.
D. New Businesses. The license fee for a new business shall be based on the
estimated number of FTE employees that will work in Tukwila for a 12 -month period. If,
during the license year, the City determines the actual number of employees is
significantly different than estimated, the amount of the license fee will be recalculated
for the new business. If the revised annual license fee is higher, the business must pay
the difference within 30 days after notification is sent by the City.
E. Over - Reporting Number of Employees. A business may request that the
City refund the license fee overpaid on the basis that the business miscounted the
number of FTE employees by an error factor of more than 15 %. The request must be in
writing and the City must receive the request and all supporting documentation no later
than 60 days after the end of the calendar year in which the error was made. If the City
is satisfied the licensee paid an excess business license fee, the City will refund the
excess license fee paid by the licensee.
F. Under - Reporting of Employees. If the City determines the number of
employees was under - reported at the time of application or renewal by an error factor of
more than 15 %, the business shall pay the balance of the applicable license fee
together with a penalty of 20% of such balance due. The business shall also reimburse
the City for any accounting, legal, or administrative expenses incurred by the City in
determining the under - reporting or in collecting the additional amounts. The Finance
Director shall mail written notice of the amount to be paid and the business shall pay
said amount to the City within 30 days of the date written notice is mailed by the City. If
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the City does not receive timely payment, an additional penalty shall be added, applying
the schedule for late payments in this chapter.
G. Payment by Draft or Check. Payment made by draft or check shall not be
deemed a payment of the license fee unless and until the same has been honored in
the usual course of business, nor shall acceptance of any such check or draft operate
as a quittance or discharge of the fee unless and until the check or draft is honored.
Any person who submits a license fee payment by check to the City pursuant to the
provisions of this chapter shall be assessed an NSF fee set by the Finance Director if
the check is returned unpaid by a bank or other financial institution for insufficient funds
in the account or for any other reason.
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:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 4 of 4
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Finance Director
BY: Vicky Carlsen, Deputy Finance Director
DATE: 10/30/13
SUBJECT: 2014 Property Tax Levy
ISSUE
Approval of ordinances increasing the regular levy from the previous year and adopting the
general property tax levy for 2014 by November 29, 2013.
BACKGROUND
A Public Hearing for adoption of the 2014 property tax levy is required by RCW 84.55.120. The
Hearing is scheduled for November 12, 2013.
The City was notified on October 15, 2013 that the assessed value for Tukwila for 2014 is
projected to be $4,707,092,379. The allowable levy projected by King County and documented
on the Preliminary Levy Limit Worksheet -2014 Tax Roll is $14,043,979 representing the
maximum 1% increase allowed by law.
DISCUSSION
Levy Amount
The assessed value and the allowable levy are subject to change until final levy rate
determination. A levy amount of $14,100,000 will be used for the ordinance. If the final
allowable levy is less than the ordinance amount, King County Department of Assessments will
adjust the ordinance amount to the final allowable levy amount and no further action by the
Council will be required. If the final allowable levy is more than the ordinance amount, a revised
ordinance will be presented to Council at the Regular Meeting on December 2, 2013 for
approval.
Levy Limit
RCW 27.12.390 allows for a maximum statutory levy rate for cities at $3.60 Tess the actual
regular levy made by a library district. RCW 41.16.060 also allows for an additional levy of
$0.225 if a city has a firemen's pension fund. Prior to 2014, even though the City has had a
firemen's pension fund for many years, this additional levy limit has not been reflected in the
City's Levy Limit Worksheet.
The County is now aware that the City does have a firemen's pension fund and will adjust the
City's maximum statutory levy rate to $3.325 (City levy rate $3.60 Tess library district levy $0.50
plus firemen's pension levy rate $0.225). The increase in the levy rate gives the City additional
capacity for future growth or levy lid lifts. The Levy Limit Worksheet received from King County
estimates the City's preliminary levy rate for 2014 at $2.98358.
37
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to approve the ordinance adopting the General Tax Levy and the
ordinance adopting the Regular Tax Levy at the November 12, 2013 Committee of the Whole
meeting and subsequent November 18, 2013 Regular Meeting. A public hearing has also been
scheduled at the November 12, 2013 Committee of the Whole.
ATTACHMENTS
Draft Ordinances
Preliminary Levy Limit Worksheet -2014 Tax Roll
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES
FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE
FISCAL YEAR COMMENCING JANUARY 1, 2014, ON ALL
PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY,
WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF
PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES
OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE
ENSUING YEAR, AS REQUIRED BY LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila has considered the City's
anticipated financial requirements for 2014 and the amounts necessary and available to be
raised by ad valorem taxes on real, personal and utility property; and
WHEREAS, the final assessed valuation calculation has been determined;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regular Tax Levy.
A. There shall be and hereby is levied on all real, personal and utility property in the
City of Tukwila, in King County, whose estimated assessed valuation is $4,707,092,379,
current taxes for the ensuing year commencing January 2014, in the amount and at the
rates specified below:
Regular Tax Levy
Amount
$14,100,000
B. The said taxes herein provided for are levied for the purpose of payment upon the
general bonded indebtedness of the City of Tukwila, the General Fund, and for the
maintenance of the departments of the municipal government of the City of Tukwila for the
fiscal year beginning January 1, 2014.
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39
Section 2. Collection. This ordinance shall be certified to the proper County
officials, as provided by law, and taxes here levied shall be collected to pay to the Finance
Director of the City of Tukwila at the time and in the manner provided by the laws of the
State of Washington for the collection of taxes for non - chartered code cities.
Section 3. 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 4. 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 5. 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
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40
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, INCREASING THE CITY OF
TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR,
COMMENCING JANUARY 1, 2014, ON ALL PROPERTY,
BOTH REAL AND PERSONAL, IN COMPLIANCE WITH
RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has properly given notice of a public hearing held on
November 12, 2013, pursuant to RCW 84.55.120; and
WHEREAS, after hearing and duly considering all relevant evidence and testimony
presented, the City Council has determined that in order to discharge its expected
expenses and obligations the City requires an increase in property tax revenue from the
previous year, in addition to the increase resulting from the addition of new construction
and improvements to property and any increase in the value of State - assessed property;
and
WHEREAS, the City Council has determined it is in the City's best interest and
necessary to meet its expenses and obligations for the property tax revenue to be
increased for 2014, and the final assessed valuation calculation has been determined;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. An increase in the regular property tax levy, in addition to any amount
resulting from the addition of new construction and improvements to property and any
increase in the value of State - assessed property, is hereby authorized for the 2014 levy in
the amount of $112,733, which is a percentage increase of 1.0% from the previous year.
This increase is exclusive of additional revenue resulting from new construction,
improvements to property, any increase in the value of State - assessed property, any
annexations that have occurred and refunds made.
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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, CMC, 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:
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Page 2 of 2
PRELIMINARY
LEVY LIMIT WORKSHEET - 2014 Tax Roll
TAXING DISTRICT: City of Tukwila
The following determination of your regular levy limit for 2014 property taxes is provided by the King County
Assessor pursuant to RCW 84.55.100.
Annexed to Library District
Using Limit Factor
For District
13,827,003
1.0100
13,965,273
13,190,837
0
13,190,837
2.98778
39,411
14,004,684
(Note 1) Estimated Library rate: 0.50000
Calculation of Limit Factor Levy
Levy basis for calculation: (2013 Limit Factor) (Note 2)
x Limit Factor
= Levy
Local new construction
+ Increase in utility value (Note 3)
= Total new construction
x Last year's regular levy rate
= New construction levy
Total Limit Factor Levy
Using Implicit
Price Deflator
13, 827, 003
1.0314
14,261,171
13,190,837
0
13,190,837
2.98778
39,411
14,300,582
0
14,004,684
4,707,092,379
2.97523
0
0
Annexation Levy
Omitted assessment levy (Note 4)
Total Limit Factor Levy + new lid lifts
= Regular levy assessed value less annexations
= Annexation rate (cannot exceed statutory maximum rate)
x Annexation assessed value
= Annexation Levy
0
14,300,582
4,707,092,379
3.03809
0
0
0
14,004,684
14,004,684
39,295
14, 043, 979
Lid lifts, Refunds and Total
+ First year lid lifts
+ Limit Factor Levy
= Total RCW 84.55 levy
+ Relevy for prior year refunds (Note 5)
= Total RCW 84.55 levy + refunds
Levy Correction: Year of Error ( +or -)
0
14,300,582
14,300,582
39,295
14,339,877
14, 043, 979
2.98358
13,852,540
112,733
0.81%
ALLOWABLE LEVY (Note 6)
Increase Information (Note 7)
Levy rate based on allowable levy
Last year's ACTUAL regular levy
Dollar increase over last year other than N/C — Annex
Percent increase over last year other than N/C — Annex
14,339,877
3.04644
13,852,540
408,631
2.95%
Calculation of statutory levy
Regular levy assessed value (Note 8)
x Maximum statutory rate
= Maximum statutory levy
+Omitted assessments levy
= Maximum statutory levy
Limit factor needed for statutory levy
4,707,092,379
3.10000
14,591,986
0
14,591,986
0.0496
ALL YEARS SHOWN ON THIS FORM ARE THE YEARS IN WHICH THE TAX IS PAYABLE.
Please read carefully the notes on the reverse side.
10/30/13 9:41 AM
LevyLimitWS.doc
43
Notes:
1) Rates for fire districts and the library district are estimated at the time this worksheet is
produced. Fire district and library district rates affect the maximum allowable rate for cities
annexed to them. These rates will change, mainly in response to the actual levy requests
from the fire and library districts. Hence, affected cities may have a higher or lower
allowable levy rate than is shown here when final levy rates are calculated.
2) This figure shows the maximum allowable levy, which may differ from any actual prior levy
if a district has levied less than its maximum in prior years. The maximum allowable levy
excludes any allowable refund levy if the maximum was based on a limit factor. The
maximum allowable levy excludes omitted assessments if the maximum was determined by
your district's statutory rate limit. If your district passed a limit factor ordinance in the year
indicated, that limit factor would help determine the highest allowable levy. However, if the
statutory rate limit was more restrictive than your stated limit factor, the statutory rate limit is
controlling.
3) Any increase in value in state - assessed property is considered to be new construction value
for purposes of calculating the respective limits. State - assessed property is property
belonging to inter - county utility and transportation companies (telephone, railroad, airline
companies and the like).
4) An omitted assessment is property value that should have been included on a prior year's roll
but will be included on the tax roll for which this worksheet has been prepared. Omits are
assessed and taxed at the rate in effect for the year omitted (RCW 84.40.080 -085). Omitted
assessments tax is deducted from the levy maximum before calculating the levy rate for
current assessments and added back in as a current year's receivable.
5) Administrative refunds under RCW 84.69.020 were removed from the levy lid by the 1981
legislature.
6) A district is entitled to the lesser of the maximum levies determined by application of the
limit under RCW 84.55 and the statutory rate limit. Levies may be subject to further
proration if aggregate rate limits set in Article VII of the state constitution and in RCW
84.52.043 are exceeded.
7) This section is provided for your information, and to assist in preparing any Increase
Ordinance that may be required by RCW 84.55.120. The increase information compares the
allowable levy for the next tax year with your ACTUAL levy being collected this year. The
actual levy excludes any refund levy and expired temporary lid lifts, if applicable. New
construction, annexation and refund levies, as well as temporary lid lifts in their initial year,
are subtracted from this year's allowable levy before the comparison is made.
8) Assessed valuations shown are subject to change from error corrections and appeal board
decisions recorded between the date of this worksheet and final levy rate determination.
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44
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Finance Director
BY: Jennifer Ferrer -Santa Ines, Senior Fiscal Coordinator
DATE: October 30, 2013
SUBJECT: 2014 -2019 Financial Planning Model & Capital Improvement Program
ISSUE
Adopt the 2014 -2019 Financial Planning Model & Capital Improvement Program by December
31, 2013.
BACKGROUND
The draft 2014 -2019 Financial Planning Model and Capital Improvement Program was
presented to Council in a workshop meeting on August 28, 2013. Council committees, both
utilities and transportation, also reviewed the draft document on September 16th and
September 24th respectively.
DISCUSSION
The model is used to identify trends, assess the general financial health of the City and to
determine amounts available for projects and other special purposes. Line 21 of Attachment A
shows the amount of funds available for projects or special purposes after net expenditure for
general government services and debt service. The Attachment A model has been updated
with actual amounts for the years 2010, 2011 and 2012.
The attached "Revisions to Draft CIP" provides a summary of changes since the initial
presentation late last August. These reflect additional funding sources, funding needs, carry-
overs to future years, and movement of projects to appropriate funds due to specific criteria.
RECOMMENDATION
The Council is being asked to approve these changes and approve the draft Resolution for the
2014 -2019 Financial Planning Model and Capital Improvement Program and consider this item
at the November 12, 2013 Committee of the Whole meeting and subsequent December 2, 2013
regular meeting.
ATTACHMENTS
Revisions to Draft CIP 2014 -2019
Revised Financial Planning Model 2014 -2019, Attachment A
Revised Financial Planning Model 2014 -2019, Debt Schedule
Draft Resolution, Financial Planning Model and CIP 2014 -2019
45
46
Changes from Proposed 2014 -2019 CIP to Adopted CIP
Page #
1
3
8
9
11
14
Fund 103
Cascade View
Residential Street
Fund 104
BAR Bridge
IU Ave S
12 TUC Ped Bridge
13 BNSF
18 Overlay EMW
19 S 144th Phase 11
26 Tuk MIC Smart Street
33 Fund 301
No longer separating
44 Tukwila 205 Levee
44 Riverton Creek Flap
45 Lower Gilliam
59 Fund 401
67 Water Reservoir
71 Fund 402
73 CBD Sewer Rehab
Residential Streets
Increased funding as School District will be reimbursed for some grant funding.
Increased funding from $500k to $750k in 2018 & 2019.
Arterial Streets
Bond for $2,500k
Bond for $3,465k
Bond of $5,965,000.00
City funding for $1,662k (portion may be interfund loan in future)
Increased for $380k to $400k for Livability Study
Increased from $1.2m to $1.8m as cost estimate came in higher ($1m grant)
Changed City Revenue to Proposed Mitigation for Tukwila Village development
Moved project to 2014 with successful construction grant of $482k
Parks
Endangered Species Act Projects
Moved to 412 Surface Water Fund
Moved to 412 Surface Water Fund
Moved to 412 Surface Water Fund
81 Fund 412
82 Annual Small Drainage
87 Tukwila 205 Levee
93 Riverton Creek Flap
95 Lower Gilliam
97 NW Gilliam Storm
Gilliam Creek Fish
H: \CIP \CIP 2014 Changes from Proposed to Adopted.xlsx
=--- See 412 Fund
Water
Changed from 5.1 million capacity to 1.5 million per Water Comp Plan
Sewer
Carryovered $820k from 2013 & increased funding for 2015 - 2018
Surface Water
Added $120k in additional grant funding
Moved from 301 Fund to 412 Surface Water Fund
Moved from 301 Fund to 412 Surface Water Fund
Moved from 301 Fund to 412 Surface Water Fund
Added funding to Year 2019
Moved to 412 Surface Water Fund
47
CIP
Page # PROJECT TITLE
City of Tukwila
CAPITAL IMPROVEMENT PROGRAM
for
2014 - 2019
RESIDENTIAL STREETS
103 Fund
**Other After Six
2014 2015 2016 2017 2018 2019 TOTAL Sources Years
2 42nd Ave S Phase III 260 2,900 0 0 0 0 3,160 0 4,360
3 Cascade View Safe Routes to School 324 0 0 0 0 0 324 324 839
4 Thorndyke Safe Routes to School 650 14 0 0 0 0 664 409 0
5 Small Roadway & Safety Improvements 110 70 0 0 0 0 180 0 240
6 53rd Ave S (S 137th St - S 144th St) 0 251 600 600 0 0 1,451 1,000 0
7 Neighborhood Traffic Calming Program 0 0 0 0 0 0 0 0 0
8 Residential Street Improvements 0 0 0 0 750 750 1,500 0 2,310
Grand Total 1,344 3,235 600 600 750 750 7,279 1,733 7,749
" Denotes other funding sources, grants, or mitigation.
Changes from 2013 to 2014 CIP:
Addition:
6 53rd Ave S (S 137th St - S 144th St), separate project from page 8, Residential Improvements
2014 - 2019 Capital Improvement Program
48
1 10/7/2013
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Cascacie View Safe Routes to School Project No 91210501
Construct an off-street, paved shared use path, sidewalks, and a trafflc circle at 33rd Ave S and S 140th St.
DESCRIPTION: This route was identified in the Waiking Audit prepared for the Cascade View school zone. S140hExisone
of the high priority missing sidewalk areas prioritized as part of the Walk and Roll Plan.
Enhance safety for students waiking to Cascade View Elementary School and encourage transportation choices
JUSTIFICATION:
for Cascade View neighborhood residents.
STATUS: Phase I is construction of an off-street, paved shared use path between S 137th St and S 140th St.
Phase U includes a traffic circle at 33rd Ave S/S 140th St. Also includes sidewalks on the east side of 33rd Ave G
between G14OthSt & S 144th St and the north side of S 140th St between Military Rd S and 34th Ave S.
MAINT. IMPACT: New trail, traffic circle, and sidewalks will need to be maintained.
WSDOT Safe Routes to School State grant for $428K for Phase I. Funding for Phase II in beyond will be part of a
future grant application.
COMMENT:
FINANCIAL Through Estimated
2013
2014
2015
2016
2017
2018
2019
BEYOND TOTAL
—' ,
EXPENSES
Phase II
Design
55
29
185
267
Land(R8VV)
78
78
ConeJ. Mgmi
45
126
171
Construction
250
530
780
TOTAL EXPENSES
0
133
324
0
0
0
0
0
839
1,296
FUND SOURCES
Awarded Grant
133
295
428
School Dstrict Grant Portion
29
29
Proposed Grant
750
750
Mitigation Expected
0
City Oper. Revenue
0
0
0
D
0
0
0
0
89
89
TOTAL SOURCES
0
133
324
0
0
0
0
0
839
1.295
Project Location
2014 2019 Capital /mprovement Program
3
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Residential Street Improvements Project No. Varies
DESCRIPTION: Select, design and construct residential streets and/or water and/or sewer projects.
Neighborhood revitalization by improving residential streets. Program is project o ented to specific
JUSTIFICATION:
residential streets that require quick design and construction.
STATUS: 37th Ave S (135- Tuk Intl BIvd) and 5 132nd St (Tuk Int'I BIvd - Military Road) are future candidates.
MAINT. IMPACT: Reduce maintenance.
Residential improvements have included 42nd Ave 5 (see page 2), G 150th St improvements have been
COMMENT:
included in Thorndyke Safe Routes to School (page 4), and 53rd Ave S (page 6).
FINANCIAL Through Estimated
2 13 2014
2015 2016 2017 2018 2019 BEYOND TOTAL
`— _ — —
EXPENSES
Design
750
750
700
2.200
Land (RNV)
v
Const. Mgmt.
210
210
Construction
1.400
1.400
TOTAL EXPENSES
0
0
0
0
0
0
750
750
2.310
3.810
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Motor Vehicle Tax
0
Mitigation Expected
0
City Oper. Revenue
0
0
0
0
0
0
750
750
2.310
5.810
TOTAL SOURCES
0
0
0
0
0
0
750
750
2.310
3.810
oo/4-mo/e Capital Improvement Program
50
8
City of Tukwila
CAPITAL IMPROVEMENT PROGRAM
for
2013 - 2018
BRIDGES & ARTERIAL STREETS
104 Fund
CIP
Page # PROJECT TITLE 2014
* *Other After Six
2015 2016 2017 2018 2019 TOTAL Sources Years
10 Annual Bridge Inspections and Repairs
11 Boeing Access Rd Bridge Rehabilitation
12 TUC - Pedestrian /Bicycle Bridge *
13 BNSF Regional Center Access
14 Interurban Ave S (S 143 - Fort Dent)
15 Annual Overlay and Repair Program
16 Tukwila Urban Center - Transit Center
17 Andover Pk W (Tuk Pkwy - Strander) *
18 Overlay and Repair- E Marginal Wy S
19 S 144th St Phase II (42 Ave S - TIB) *
20 Annual Traffic Signal Program
21 ADA Improvements
22 Wetland & Environmental Mitigation
23 APE /Industry Dr Intersection
24 APE /Minkler Blvd Intersection
25 W Valley Hwy/ S 156 St Intersection
26 Tukwila MIC Smart Street Non - Motorized
27 E Marginal Way (BAR - S 112 St)
28 S 133 St/SR599 Intersection *
29 Macadam Rd & S 144 St Intersection *
30 Walk & Roll Program
31 Strander Blvd /SW 27th St Extension
TUC /TOD Pedestrian Improvements
Transportation Element of Comp Plan
Minkler Blvd (APW - S/C Pkwy)
Tukwila Intl Blvd Phase IV *
Traffic Signal Interconnect Program *
Southcenter Blvd (1 -5 - 61st Ave Br)
Tukwila Intl Blvd /S 116th Wy /SR599
S 168 St (S /C Pkwy - APE)
West Valley Hwy (1 -405 - Strander Blvd)
Rockery Replacement Program
S 180 St/Andover Pk W Intersection
S 143 St (Interurban - Duwamish)
S 134 St (S 133 St -48 Ave S)
S 144th St Bridge - Sidewalks
270
1,145
1,400
400
10,700
1,500
5,308
2,376
1,950
458
100
63
20
100
120
75
622
50
20
17
0
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
270
11,100
7,485
0
0
1,550
0
0
0
1,480
105
63
20
0
0
0
0
0
0
0
140
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
270
0
0
0
0
1,560
0
0
0
0
115
63
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
270
0
0
0
0
1,650
0
0
0
0
115
63
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
335
0
0
0
0
1,670
0
0
0
0
120
63
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
335
0
0
0
0
1,725
0
0
0
0
120
63
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1,750
12,245
8,885
400
10,700
9,655
5,308
2,376
1,950
1,938
675
378
120
100
120
75
622
50
20
17
140
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 335
12,245 0
7,223 0
150 0
11,160 0
0 1,725
5,308 0
1,420 0
1,000 0
1,938 0
0 125
0 63
0 20
75 575
55 622
75 1,032
537 0
50 3,300
0 630
0 610
0 0
0 33,150
0 1,100
0 600
0 940
0 4,591
0 3,000
0 20,000
0 4,675
0 23,244
0 630
0 525
0 210
0 100
0 100
0 1,219
Grand Total 26,714 22,213 2,028 2,118 2,208
Changes from 2013 to 2014 CIP:
Additions:
22 Wetland & Environmental Mitigation
26 Tukwila MIC Smart Street Non - Motorized
2,263 57,544 41,236 103,121
* Traffic Impact Fee List Projects (fees must be used within 10 years).
** Denotes other funding sources, grants, or mitigation.
Deleted:
Southcenter Parkway Extension, completed in 2013.
S 178th St, completed by developer in 2013.
Nelsen PI (S 158 St - S 156 St), no longer justified.
2014 - 2019 Capital Improvement Program
Project sheets scheduled beyond 2019
can be found in the City's website under
Public Works Capital Improvement Program.
9 10/29/2013
51
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
Boeing Access Rd over BNRR Bridge Rehabilitation Project No. 99410408
Rehabilitate the existing bridge with a 340' long concrete or steel bridge structure. |\ will be11O' wide curb to
curb and have sidewalks on both sides.
The existing bridge is structurally and seismically deficient. Several pedestais are leaning, have concrete
spells, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet
current bridge standards.
Type, size, and location draft report (specifically required for bridges) was completed in 2005. Federal grant
applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding in
2012 for federal bridge funds. A Public Works Trust Fund (PVVTF) loan was denied in 2013.
Maintenance will be reduced.
Bridge will be rehab hatedinphauestoollowcontinuedtraffiousy.Fedem|bhdOagmn of $9,745,600
requires a 20% local match. A bond issue will be used for the City match.
FINANCIAL
Through Estimated
2013 2014
2015 2016 2017 2018 2019 BEYOND TOTAL
` . '
EXPENSES
Design
53
255
1.045
1,353
Land(R8N)
100
100
Const. Mgmt.
1,400
1,400
Construction
9.700
9.700
TOTAL EXPENSES
53
255
1.145
11.100
0
0
0
0
0
12.553
FUND SOURCES
Awarded Grant
800
8.945
9.745
Proposed Grant
O
Bond
2.500
2.500
Mitigation
0
City Oper. Revenue
53
255
(2.155)
2,155
0
0
0
0
0
308
TOTAL SOURCES
53
255
1.145
11.100
0
0
0
0
0
12.553
2014 - 2019 Capital Improvemen Program
52
11
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402
DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting.
Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and
JUSTIFICATION:
pavement failure is accelerating.
STATUS: Completed final design in 2013. Construction scheduled for 2014.
MAINT. IMPACT: Reduce annual pavement repairs and increase pedestrian safety.
Federal Hwy STP Grant of $389,000 for design. State TIB grant of $5m, Federal STP grant of
$2.145m, and developer mitigation of $550,000. City Bond for $3.465m in 2014.
FINANCIAL Through Estimated
's
2012 2013 2014
2015 2016 2017 2018 2019 BEYOND TOTAL
.
EXPENSES
Design
460
349
815
Land (RAN)
111
111
Conet. Mgmt.
1.300
1.300
Construction
9,400
9,400
TOTAL EXPENSES
466
460
10J00
0
0
0
0
0
0
11.628
FUND SOURCES
Awarded TIB Grant
389
5.000
5.888
Awarded STP Grant
2,145
2,145
Mitigation
550
550
Bond
3.465
3.465
City Oper. Revenue
77
400
(460)
0
0
0
O
o
0
77
TOTAL SOURCES
*86
460
10.700
0
0
0
0
0
0
11.626
Project Location
2014 2019 Capita/ Improvement Program
14
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Tukwila Urban Center - Pedestrian/Bicycle Bridge Project No. 90510403
DESCRIPTION: Construct a new pedestrian/bicycle bridge over the Green River.
Pedestrian/bicycle connection between Tukwila's Urban Center and commuter rail/Amtrak station.
JUSTIFICATION:
Supports local and regional goals and policies regarding land use and transportation in Urban Center.
Pedestrian System Report identified the optimal location for bridge crossing to be south of the Ramada Inn at
STATUS: 15901 WestValley Hwy. Type, Size, and Location Reportwas was completed in 2011. Council approved a design
of a twin-tied arch bridge with no accommodation for a future bridge crossing over West Valley Highway.
MAINT. IMPACT: To be determined,
Design grants: State Enhancement for $190k & $500k, Transit Oriented Development (TOD) planning grant
of $55k, and Federal CMAQ grant of $751K. WSDOT Regional Mobility construction grant of $6.870M.
COMMENT: Project is on Park lmpact Fee list with funding of$2 million with an8O%/2O% split for $1.8M.8 City Bond
issue or interfund loan could be used for the City match.
FINANCIAL Through Estimated
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
__ _
_- —
Deign
585
748
300
1,633
Land(R88)
1.100
1.100
Const. Mgmt.
1.000
1,000
Construction
6,485
6,485
TOTAL EXPENSES
585
748
1,400
7,485
0
0
0
0
0
10.218
FUND SOURCES
Awarded Grant
540
713
243
1.496
Awarded Reg Mobility
870
6.000
6.070
Park Impact Fees
35
55
55
145
Bnnd/|n1orfundLoon
0
City Oper. Revenue
45
0
232
1.430
0
0
0
0
0
1,707
TOTAL SOURCES
585
748
1.*00
7485
0
0
0
0
0
10.218
onw-oo/n Capital Improvement Program
54
12
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: BNSF Regional Center Access Project No. 99510409
DESCRIPTION: Identify alternative means for ingress /egress for the BNSF Intermodal Facility located in the Allentown
neighborhood. Also analyze the impacts the Facility has to the community.
JUSTIFICATION: Reduce truck traffic and other environmental effects experienced by adjacent residential community. Also
identified as a 2013 City Priority relating to an improved environment for community livability.
City Council approved funding to conduct a study which identifies impacts, provides data driven information,
STATUS: and outlines potential options for mitigation leading to a reduction in the effects of intermodal operations onto the
community. Council also expressed support to work with BNSF on cost estimates for alternative ingress /egress.
MAINT. IMPACT: To be identified.
Allentown residents have expressed ongoing concerns regarding the effects of intermodal operations for several
COMMENT: years. Staff continues to work with the City's federal delegation to address the federal preemptive authority of
railroads and local land use authority.
FINANCIAL Through Estimated
2016 2017 2018 2019 BEYOND TOTAL
EXPENSES
Design
133
400
533
Land (R/W)
0
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
133
0
400
0
0
0
0
0
0
533
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
150
150
City Oper. Revenue
133
0
250
0
0
0
0
0
0
383
TOTAL SOURCES
133
0
400
0
0
0
0
0
0
533
2014 - 2019 Capital Improvement Program
13
55
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Overlay and Repair - East Marginal Way S Project No. 91210400
Construct pavement preparation and an asphalt overlay ofEast Marginal Way South between S Slst P1
DESCRIPTION: and 5 Norfolk Street, including new pavement markings.
JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure.
STATUS: Advertise for construction bids in late 2013.
MAINT. IMPACT: Reduces annual maintenance.
COMMENT: Federal grant funding available through P8RC2O12STP/CMAO for $1.000.00O.
FINANCIAL Through Estimated
1
2017
2018
2019
BEYOND TOTAL
~~_ -- -- _'
EXPENSES
Design
125
125
Land (RAN)
0
Const. Mgmt.
150
150
Construction
1.800
1.800
TOTAL EXPENSES
0
125
1.850
0
0
0
0
0
0
2,075
FUND SOURCES
Awarded Grant
0
Proposed Grant
1.000
1.000
Mitigation Actual
0
Impact Fees
0
City Oper. Revenue
0
125
850
0
0
0
0
0
0
1,075
TOTAL SOURCES
0
125
1.950
0
0
0
0
0
0
2,075
mo/4-oo/e Capital Improvement Program
56
18
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: S 144 St Phase II (42 Ave S - Tukwila Int'l Blvd)* Project No 99510402 Zone 3
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
Construct oudb, gutter, sidewalk, bike lanes, pavement restoration, illumination, drainage and utility
undergrounding from Tukwila Int'I BIvd to 42nd Ave S. Also add a signal at 42nd Ave 8.
Provide pedestrian and vehicle safety, drainage and neighborhood revitalization.
Phase 1 - Tukwila lnt'l Blvd to Military Rd, project completed in 2007 for $3.1 million with $1 million in grants.
Phase 11 - 42 Ave S to Tukwila lnternational Blvd.
Reduce pavement, drainage repairs, and maintenance costs.
Proposed Transportation Improvement Board's Arterial Improvement Program (AIP) grant of $1 million.
Project is on Impact Fee list. Design and construction related to the Tukwila Village project.
FINANCIAL Through Estimated
16
2017
2018
2019
BEYOND TOTAL
`..~...~'
EXPENSES
Design
Land (RAN)
Const. Mgmt.
Construction
TOTAL EXPENSES
--- .-
0
__ —
0
418
40
458
180
1.500
1.480
0
0
0
0
0
418
40
180
1.300
1.838
FUND SOURCES
Awarded Grant
Proposed Grant
Proposed Mitigation
Traffic Impact Fees
City Oper. Revenue
112
(112)
17
(17)
458
0
1.000
480
0
0
0
0
O
0
0
1.000
938
129
(129)
Project Location
201* 2019 Capita Improvement Program
19
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Tukwila MIC Smart Street Non-Motorized Project Project No 91310406
Design and construct bicycle Ianes/facilities on the corridor of East Marginal Way S (Tuk lnYI BIvd
DESCRIPTION: to Boeing Access Rd) and Airport Way (BAR to NCL). Manufacturing/Industrial Center (M|C).
Non-motorized improvements are desired throughout the City to reduce traffic congestion and offer
JUSTIFICATION:
alternative modes oftravel.
STATUS: New projec for the 2014 2019 CIP.
MAINT. IMPACT: Minimal impact, additional pavement markings and minor asphalt widening to maintain.
COMMENT: A federal CMAQ grant has been awarded for $104,838 in design funds and $482,047 for construction.
FINANCIAL Through Estimated
's
2012 2013 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
` '
EXPENSES
Design
58
64
122
Land(R8A)
0
Const. Mgmt.
58
58
Construction
500
500
TOTAL EXPENSES
0
58
622
0
0
0
0
0
0
*80
FUND SOURCES
Awarded Grant
50
537
587
Proposed Grant
0
Mitigation Actual
0
Traffic Impact Fees
0
City Oper. Revenue
0
8
85
0
0
0
0
O
0
93
TOTAL SOURCES
0
58
622
0
0
0
0
0
0
680
2014 2019 Capita Improvement Program
58
26
City of Tukwila
CAPITAL IMPROVEMENT PROGRAM
for
2014 - 2019
PARKS & RECREATION
301 Fund
CIP
Page # PROJECT TITLE 2014 2015 2016 2017 2018 2019 TOTAL Sources Years
Parks and Trails
34 Duwamish Hill Preserve * 900 70 70 70 70 70 1,250 765 8,017
35 WRIA 9 Watershed Planning 12 12 12 12 12 12 72 0 12
36 Tukwila South Ped /Bicycle Bridge 2,000 0 0 0 0 0 2,000 2,000 0
37 Duwamish Gardens 1,700 800 0 0 0 0 2,500 2,469 0
38 Fort Dent Park 250 0 0 0 0 0 250 0 1,940
39 Parks, Recreation & Open Space Plan 75 0 0 0 0 0 75 0 125
40 Salmon Habitat Restoration 45 20 25 10 0 0 100 100 0
41 Multipurpose Trails 0 50 0 0 0 0 50 0 280
42 Black River Trail Connector * 23 0 0 0 37 67 127 66 1,240
Tukwila Pond * 0 0 0 0 0 0 0 0 7,637
Codiga Park 0 0 0 0 0 0 0 0 0
Hand Boat Launches 0 0 0 0 0 0 0 0 1,321
57th Ave S Park Extension 0 0 0 0 0 0 0 0 150
Ryan Hill Park 0 0 0 0 0 0 0 0 2,625
Macadam Winter Garden & Wetland 0 0 0 0 0 0 0 0 1,000
Southgate Park Improvements 0 0 0 0 0 0 0 0 1,050
Log House Park 0 0 0 0 0 0 0 0 212
Wilcox River Park 0 0 0 0 0 0 0 0 158
Open Space at 5800 S 152nd St 0 0 0 0 0 0 0 0 1,125
Nelson Salmon Habitat Side Channel 0 0 0 0 0 0 0 0 1,325
* *Other After Six
Grand Total
5,005 952 107 92 119 149 6,424 5,400 28,217
* Park Impact Fee List Projects (fees must be used within 10 years).
** Denotes other funding sources, grants, or mitigation.
Park Impact Fees were effective January 1, 2009, per Ordinance 2366
Changes from 2013 to 2014 CIP: Project sheets scheduled beyond 2019
New: can be found in the City's website under
40 Salmon Habitat Restoration Public Works Capital Improvement Program.
Moved to Surface Water:
Tukwila 205 Levee Certification
Riverton Creek Flap Gate Removal
Lower Gilliam Creek Channel
Gilliam Creek Fish Barrier Removal
2014 - 2019 Capital Improvement Program 33
10/7/2013
59
CIP
Highline water district intertie
Water district 75 intertie
Water district #75 intertie
Page # PROJECT TITLE
City of Tukwila
CAPITAL IMPROVEMENT PROGRAM
for
2014 - 2019
WATER ENTERPRISE FUND
401.98
* *Other After Six
2014 2015 2016 2017 2018 2019 TOTAL Sources Years
60 Interurban Water Reuse 25 25 25 25 25 25 150 0 0
61 Andover Park W /Strander New Water Main 1,389 0 0 0 0 0 1,389 0 0
62 58th Ave S Water Main Replacement 26 253 0 0 0 0 279 0 0
63 Water Pipeline Asset Management Program 15 0 0 0 0 0 15 0 0
64 Macadam Rd S Water Upgrade 0 750 1,005 0 0 0 1,755 0 0
65 53rd Ave S Water Main Replacement 0 75 542 543 0 0 1,160 0 0
66 Andover Park E Water Main Replacement 0 0 1,725 0 0 0 1,725 0 0
67 Water Reservoir 1.5 million Gallon Capacity 0 0 0 500 445 0 945 0 4,027
68 Martin Luther King Jr Way S Water Main 0 0 0 40 260 117 417 0 0
69 Water Comprehensive Plan 0 0 0 0 0 200 200 0 0
S 180th & W Valley Loop /Renton Turnover 0 0 0 0 0 0 0 0 1,000
Foster Area Water Upgrade 0 0 0 0 0 0 0 0 960
Minkler Blvd Water Looping 0 0 0 0 0 0 0 0 566
West Valley Hwy East Side Water Looping 0 0 0 0 0 0 0 0 1,010
West Valley Deep Water Main Replacement 0 0 0 0 0 0 0 0 360
65th Ave S Water Main Replacement 0 0 0 0 0 0 0 0 1,020
49th Ave S Water Main Replacement 0 0 0 0 0 0 0 0 770
S 180th St Water Main Replacement 0 0 0 0 0 0 0 0 462
Southcenter Blvd Water Main Replacement 0 0 0 0 0 0 0 0 480
Evans Black Dr Water Main Replacement 0 0 0 0 0 0 0 0 390
52nd Ave S Water Main Replacement 0 0 0 0 0 0 0 0 105
S 112 St Water Looping 0 0 0 0 0 0 0 0 602
S 153rd St Water Main Replacement 0 0 0 0 0 0 0 0 64
Minkler Blvd Water Main Replacement 0 0 0 0 0 0 0 0 250
Corporate Dr S Water Main Replacement 0 0 0 0 0 0 0 0 250
Poverty Hill - Water Revitalization 0 0 0 0 0 0 0 0 318
Foster Playfield Reclaimed Water Extension 0 0 0 0 0 0 0 0 1,020
Duwamish River Crossing Reclaimed Water 0 0 0 0 0 0 0 0 193
Crystal Springs Intertie with Highline WD 0 0 0 0 0 0 0 0 230
Grand Total
1,455 1,103 3,297 1,108 730 342 8,035 0 12,634
** Denotes other funding sources, grants, or mitigation.
Changes from 2013 to 2014 CIP:
67 Changed Water Reservoir from 5.1 million to 1.5 million gallon capacity
Project sheets scheduled beyond 2019
can be found in the City's website under
Public Works Capital Improvement Program.
2014 - 2019 Capital Improvement Program
60
59 10/7/2013
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Water Reservoir with 1.5 million Gallon Capacity Project No. 91240102
DESCRIPTION: Design and construct a new 1.5 million gallon water storage reservoir.
JUSTIFICATION: The Department of Health is requiring that the City provide additional water storage in the 360 pressure zone.
STATUS:
MAINT. IMPACT: Additional staff will be needed to provide maintenance for the new reservoir.
COMMENT: A siting study is scheduled for 2013 for $30,000.00.
FINANCIAL Through Estimated
•
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
30
500
530
Land (R/VV)
100
100
Const. Mgmt.
45
525
570
Construction
300
3,502
3,802
TOTAL EXPENSES
0
30
0
0
0
500
445
0
4,027
5,002
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
30
0
0
0
500
445
0
4,027
5,002
TOTAL SOURCES
0
30
0
0
0
500
445
0
4,027
5,002
Location to be determined.
2014 - 2019 Capital Improvement Program 67
61
CIP
Page # PROJECT TITLE
City of Tukwila
CAPITAL IMPROVEMENT PROGRAM
for
2014 - 2019
SEWER ENTERPRISE FUND
402.98
2014
*Other After Six
2015 2016 2017 2018 2019 TOTAL Sources Years
72 Annual Sewer Repair Program
73 CBD Sanitary Sewer Rehabilitation
74 Sewer Lift Station No. 2 Upgrades
75 Sewer Repair West of Strander Blvd Bridge
76 Valley View West Hill Sewer Transfer Area
77 GIS Inventory of Sewer System
78 Future Sewer Lift Station No. 13
79 Southcenter Blvd Sewer Upgrade
80 Sewer Comprehensive Plan
Sewer Lift Stations Nos. 3 & 4
Sewer Replacement at 14025 Interurban Ave
Abandon Sewer Lift Station No. 9
Sewer Lift Station No. 12
APW Sewer connection to KC Metro
Sewer Repair at 14438 59th Ave S
Poverty Hill - Sewer Revitalization
Ryan Hill - Sewer Revitalization
75 200 200 200 200 200 1,075 0 200
820 1,040 1,040 1,040 1,100 0 5,040 1,505 0
575 0 0 0 0 0 575 0 7,100
120 0 0 0 0 0 120 0 0
110 0 0 0 0 0 110 0 0
0 100 0 0 0 0 100 0 500
0 0 0 0 0 278 278 0 2,133
0 0 0 0 0 180 180 0 1,380
0 0 0 0 0 425 425 0 0
0 0 0 0 0 0 0 0 980
0 0 0 0 0 0 0 0 940
0 0 0 0 0 0 0 0 605
0 0 0 0 0 0 0 0 4,400
0 0 0 0 0 0 0 0 150
0 0 0 0 0 0 0 0 200
0 0 0 0 0 0 0 0 1,230
0 0 0 0 0 0 0 0 1,143
Grand Total
1,700 1,340 1,240 1,240 1,300 1,083 7,903 1,505 20,961
*' Denotes other funding sources, grants, or mitigation.
Project sheets scheduled beyond 2019
can be found in the City's website under
Public Works Capital Improvement Program.
Changes from 2013 to 2014 CIP:
Deletions:
55th Ave S Sanitary Sewer Line Repair, completed in 2013.
Sewer Repair at 5700 Southcenter Blvd, combined into CBD Sewer Rehabilitation.
Sewer Lift Station Locations
Lift Station No. 1 - Master Telemetry Panel
Lift Station No. 2 - Backup Dialer
Lift Station No. 3
Lift Station No. 4
Lift Station No. 5
Lift Station No. 6
Lift Station No. 7 - Abandoned in 2011
Lift Station No. 8
Lift Station No. 9
Lift Station No. 10
Lift Station No. 11
Lift Station No. 12
Lift Station No. 13
600 Minkler Blvd. - Shops
1105 Andover Pk W (at Minkler Blvd)
550 Minkler Blvd
6790 Todd Blvd - Southcenter South
6830 Fort Dent Way (entrance to Park)
6820 Fort Dent Way (in Park)
was at 14601 Interurban - replaced by gravity sewer
13359 56th Ave S - Foster Point (new in 2007)
12638 Interurban - Suburban Propane
12218 51st PI S - Allentown (new in 2007)
18799 Southcenter Pkwy (new in 2012)
255 Andover Park W - Key Bank parking lot at mall
Future - Tukwila Pkwy & Andover Park W
2014 - 2019 Capital Improvement Program
62
71 10/24/2013
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: CBD Sanitary Sewer Rehabilitation Project No 91140203
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
The asbestos concrete pipe in the CBD (commercial business district) is approximately 45 years old and
becoming soft. Slip lining the pipe will reinforce the strength with little impact to roadways and minimal excavation,
If the pipe collapses, the street will have to be excavated and the cost of the repairs will be significant. In the
last five years we have had two major pipe failures on Andover Park West.
A Public Works Trust Fund loan was successfully obtained in 2012 for construction.
Reduced maintenance and repair costs.
The Iimits of the 2013 project is APW to APE from Mink ler Blvd mG180th St and will now include the repair to the
sewer under the railroad tracks.
FINANCIAL Through Estimated
1 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
160
20
20
20
20
00
320
Land(R8N)
0
Const. Mgmt.
10
100
120
120
120
120
590
Construction
10
700
800
900
300
300
4.310
TOTAL EXPENSES
0
180
820
1.040
1,040
1.040
1.100
0
0
5.220
FUND SOURCES
Awarded Grant
O
PVVTF/PmpoeedPVVrF
45
705
800
1.550
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
135
115
1.040
1.040
1.0*0
308
0
0
3.670
TOTAL SOURCES
o
180
820
1,040
1,040
1,040
1,100
0
0
5,220
Project Location
2014 - 2019 Capital Improvement Program
73
GIP
Page #
PROJECT TITLE
City of Tukwila
CAPITAL IMPROVEMENT PROGRAM
for
2014 - 2019
SURFACE WATER
412 Fund
2014 2015
* *Other After Six
2016 2017 2018 2019 TOTAL Sources Years
82 Annual Small Drainage Program
83 Storm Water Quality Retrofit Program
84 NPDES Program
85 East Marginal Wy S Storm Pipe Replacement
86 Surface Water Lift Station No. 15
87 Tukwila 205 Levee Certification
88 East Marginal Wy S Stormwater Outfalls
89 Gilliam Creek 42 Ave S Surface Water Culver
90 53rd Ave S Surface Water Drainage
91 Surface Water GIS Inventory
92 Lower Duwamish Surface Water Conveyance
93 Riverton Creek Flap Gate Removal
94 Soils Reclamation Facility
95 Lower Gilliam Creek Channel Improvements
96 Tukwila Pkwy /Gilliam Creek Outfalls
97 Northwest Gilliam Storm Drainage System
S 146th St Pipe & 35th Ave S Drainage
S 143rd Street Storm Drainage System
Nelsen PI /Longacres Surface Water Phase II
Duwamish Rvrbk Stabilization at S 104th St
Surface Water Comprehensive Plan
TUC Surface Water Conveyance
Gilliam Creek Fish Barrier Removal
485 485 685 685 685 685 3,710 220 685
110 110 110 110 110 110 660 0 110
50 50 50 50 50 50 300 0 50
2,350 0 0 0 0 0 2,350 0 0
0 0 0 0 0 0 0 0 0
450 0 0 0 0 0 450 315 0
120 120 271 644 0 0 1,155 120 0
0 660 0 0 0 0 660 0 0
0 293 1,264 0 0 0 1,557 0 0
0 0 100 0 60 0 160 0 0
0 0 0 310 85 0 395 0 0
0 0 30 700 0 0 730 500 0
0 0 0 175 1,200 0 1,375 0 0
0 0 0 0 22 248 270 0 0
0 0 0 0 0 230 230 0 0
0 0 0 0 0 940 940 0 0
0 0 0 0 0 0 0 0 882
0 0 0 0 0 0 0 0 1,096
0 0 0 0 0 0 0 0 345
0 0 0 0 0 0 0 0 595
0 0 0 0 0 0 0 0 175
0 0 0 0 0 0 0 0 541
0 0 0 0 0 0 0 0 745
Grand Total
3,565 1,718 2,510 2,674 2,212 2,263 14,942 1,155 5,224
Changes from 2013 to 2014 CIP:
Additions:
85 East Marginal Wy S Storm Pipe Replacement
Moved from 301 Parks Fund:
87 Tukwila 205 Levee Certification
93 Riverton Creek Flap Gate Removal
95 Lower Gilliam Creek Channel Improvements
Gilliam Creek Fish Barrier Removal
Deletions:
Christensen Rd Surface Water Pipe, project no longer needed.
** Denotes other funding sources, grants, or mitigation.
Project sheets scheduled beyond 2019
can be found in the City's website under
Public Works Capital Improvement Program.
Surface Water Lift Station Locations
Storm Lift Station No. 15
Storm Lift Station No. 16
Storm Lift Station No. 17
Storm Lift Station No. 18
Storm Lift Station No. 19
5880 S 180th St - Claim Jumper
7420 S 180th St (underpass)
530 Strander Blvd - Bicentennial Park
4225 S 122nd St - Allentown
Fort Dent Park (Parks Dept.)
2014 - 2019 Capital Improvement Program
64
81 10/8/2013
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Annual SmaII Drainage Program Project No. Varies
DESCRIPTION: Select, design, and construct small drainage projects throughout the Cfty.
Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert
JUSTIFICATION: nap|ooaments, drain extensions, and pavement upgrades.
STATUS: Projects for this annual program are taken from SmaII Drainage Project List.
MAINT. IMPACT: Reduces maintenance.
Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar
COMMENT: years. Budget for 2014 includes $270k for Thorndyke Safe Routes to School (S 150th St). Grants from State
Municipal Stormwater Capacity Grants,
FINANCIAL Through Estimated
2014
2015 2016 2017 2018 2019 BEYOND TOTAL
`--_`
EXPENSES
_--
Design
174
80
80
80
80
80
80
80
80
814
Land(R8A)
0
Const. Mgmt.
135
65
80
80
80
80
80
80
80
760
Construction
694
500
525
525
325
325
525
525
525
4.469
TOTAL EXPENSES
1.003
645
685
685
485
485
685
685
885
6.043
FUND SOURCES
Awarded Grant
20
45
170
235
Proposed Grant
U
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
983
600
515
685
485
485
085
605
685
5.808
TOTAL SOURCES
1,003
645
685
685
485
485
685
685
685
6,043
Project Location:
Entire System
2014 2019 Capita Improvement Program
82
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Tukwila 205 Levee Certification Project No. 91330102
DESCRIPTION: Obtain Ievee certification for the Tukwila 205 Levee.
The US Army Corps of Engineers no longer provides levee certification services to federally authorized
levees. The existing certification expired in August of 2013. Certification is required for the Federal
JUSTIFICATION:
Emergency Management Agency to accreditation the levee system as providing a 1 00-year level of
flood protection.
STATUS: New project for 2014 2019 CIP. Existing levee certification expired in August 2013.
Certification process may lead to additional levee repair projects that are required to meet the
MA|NT IMPACT:
' certifimmiuncrda,io.
Only consultant costs for levee certification are shown. Additional construction costs may be required.
COMMENT: Certification is valid for a 10-year period. King County Flood Control Districts Opportunity Grant program
with $45,000 per year will offset costs.
FINANCIAL Through Estimated
2015 2016 2017 2018 2019 BEYOND TOTAL
^—_--
EXPENSES
Design
450
450
Land (RAN)
0
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
0
0
450
0
0
0
0
0
0
*50
FUND SOURCES
King County Flood Control
45
45
45
45
45
45
45
315
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
405
(45)
(45)
(45)
(45)
(45)
(45)
135
TOTAL SOURCES
0
0
450
0
0
0
0
0
0
450
foot
Mire System
m
2014 2019 Capita Improvement Program
66
87
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Riverton Creek FIap Gate Removal Project No 98830103
Remove two culverts and flap gates at Duwamish River; install pipe arch, create open channel confluence,
DESCRIPTION:
install trail bridge over new channel, restore/revegetate 200 feet of creek channel and 450 ft of pond shoreline.
Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River. Improve
JUSTIFICATION:
fish access to Riverton Creek and enhance saimon rearing and resting area.
Design at 70% completion in 2011 with a Salmon Recovery Funding Board grant of $42,500 and $30,000
STATUS: from People for Puget Sound. Construction is grant dependent.
MAINT. IMPACT: Expected to increase maintenance.
COMMENT: Proposed grants include State & Federal habita grants.
FINANCIAL Through Estimated
2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
112
30
142
Land (R/W)
0
Const. Mgmt.
100
100
Construction
600
600
TOTAL EXPENSES
112
0
0
0
30
700
0
0
0
842
FUND SOURCES
Awarded Grant
72
72
Proposed Grant
500
500
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
40
0
0
0
30
200
0
0
0
270
TOTAL SOURCES
112
0
0
0
30
700
0
0
0
042
2014 2019 Capita improvement Program
93
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Lower Gilliam Creek Channel Improvements Project No 30330116
Widen stream channel downstream of 1-5 crossing, install large woody debris and reparian vegetation,
DESCRIPTION:
and increase habitat complexity.
JUSTIFICATION: Increase habitat diversity and juvenile Coho rearing productivity.
STATUS:
MAINT. IMPACT:
COMMENT:
WSDOT 1-405 improvements may impact the riparian area at this site and the project layout. The Corps
of Engineers plan improvements to lower Gilliam Creek that includes this area.
FINANCIAL Through Estimated
2012 2013 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
'
EXPENSES
Design
22
22
Land (RNV)
0
Const. Mgmt.
32
32
Construction
216
216
TOTAL EXPENSES
0
0
0
0
0
0
22
248
0
270
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
0
0
0
0
22
248
0
270
TOTAL SOURCES
0
0
0
0
0
0
22
248
0
270
°cation
Sg
2014 - 2019 Capita Improvement Program
68
95
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Gilliam Creek Fish Barrier Removal Project No 99830105
Construct fish ladder leading to existing flap gate location and replace flap gate with self-regulating
'
oESCRpTK]N
~ '
tide gate to accommodate salmonid passage.
JUSTIFICATION: Enable fish access to lower Gilliam Creek under wider range of flow conditions.
Analysis of lower Gilliam Creek may be conducted m determine best solution for fish passage and
STATUS:
to address potential flooding.
MAINT. IMPACT: Expected to have no change in maintenance.
COMMENT: WSDOT may include this project in the 1-405 improvements.
FINANCIAL Through Estimated
14
2015
2016
2017
2018
2019
BEYOND TOTAL
-' __
EXPENSES
Design
110
110
Land (R884
0
Const. Mgmt.
85
85
Construction
550
550
TOTAL EXPENSES
0
0
0
0
0
0
0
0
745
745
FUND SOURCES
Awarded Grant
0
Proposed Grant
500
500
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
0
0
0
0
0
0
0
245
245
TOTAL SOURCES
0
0
0
0
0
0
0
0
745
745
()Jac Location
2014 2019 Capita Improvement Program
**
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Northwest Gilliam Basin Storm Drainage System Project No 90341206
Upgrade existing storm drainage system. Provide water quality treatment manholes at the downstream
DESCRIPTION:
end of the retrofitted drainage systems. Provide asphalt overlay and extruded asphalt curb for all streets.
Reduces right-of-way and private property flooding by increasing the hydraulic capacity of the existing
JUSTIFICATION:
storm drainage system. Water quality manholes remove sediment and oil from street runoff.
STATUS: S 146th St was completed in 2009 and S 150th is scheduled for 2014 with the Annual Small Drainage Program.
MAINT. IMPACT: Expected to decrease maintenance.
COMMENT: Where feasible, combine with future overlay project to reduce costs and construction impact.
FINANCIAL Through Estimated
1 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
`-- —
EXPENSES
Design
100
100
Land (R/W)
0
Const. Mgmt.
40
40
Construction
800
800
TOTAL EXPENSES
0
0
0
0
0
0
0
940
0
940
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
0
0
0
0
0
940
0
940
TOTAL SOURCES
O
0
0
0
0
0
0
940
0
e40
Project Location
Replace Exisling
Storm Drainage SysRm
Provide WO
Treatment Manhole
Replace Existing I
is. Storm Drainage System. 1
Provide Asphalt Overlay —7.1*
and Extruded Curb. ,
2014 2019 Capita Improvement Program
70
97
Provide WU
Treatment tolanliore
1
2
3
4
s
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
31
32
33
CITY OF TUKWILA
ATTACHMENT A
REVENUES & EXPENDITURES GOVERNMENTAL FUNDS
2014 - 2019 Analysis in 000's
Reserve fund balance
$ 1,458 $ 1,458
3,000 $ 5,203
$ 5,206 $ 5,325
$ 5,470 $ 5,620
$ 5,620
620
Sales and Use Taxes - includes retail sales and use tax, natural gas use tax and criminal justice sales tax
Gambling and other taxes - includes gambling tax, admission tax and leasehold excise tax
Licenses & permits - includes business licenses, residential rental licenses, building and other permits
Intergovernmental - includes streamlined sales tax mitigation, grants, state shared revenues and entitlements
Dedicated Revenues (Capital) - includes REET, Greenbelt property tax levy, parking tax, motor vehicle tax, investment income earned in the
capital funds
One -time revenue - represents the LID bond proceeds in 2013 and sale of land currently used for storage by utility funds in 2016
Arterial Street - 2014 and 2015 net revenue derives from Tukwila Village; 2016 and 2017 net revenue derives from urban renewal property
sales.
2014 - 2019 Financial Planning Model
10/2 ?f313
--
- -- - - - -
- - -- - 6 Year Plan - - - - -- _ -- _ -_
- -'
REVENUES (See A -1)
HISTORICAL
ESTIMATES
PROJECTIONS
Totals
2014 -2019
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
General Revenues
Sales and Use Taxes
$ 15,609
$ 16,114
$ 15,674
$ 16,299
$ 16,770
$ 17,263
$ 17,771
$ 18,293
$ 18,832
$ 19,386
$ 108,315
Property Taxes
13,189
13,427
13,830.
13,814
14,160
14,514
14,876
15,248
15,630
16,020
90,448
Utility Taxes
4,064
4,052
4,001
4,018
4,087
4,169
4,252
4,338
4,424
4,513
25,784
Interfund Utility Tax
1,498
1,372
1,535
1,486
1,586
1,665
1,748
1,835
1,927
2,024
10,784
Gambling and other taxes
2,693
2,038
3,045
2,709
2,819
2,876
2,933
2,992
3,052
3,113
17,785
RGRL
-
1,641
1,756
1,750
1,768
1,812
1,857
1,903
1,951
2,000
11,290
Licenses & permits
1,619
1,833
1,605
1,867
1,896
1,949
2,004
2,060
2,118
2,178
12,206
SCL Agreement
2,071
2,110
2,147
2,206
2,250
2,307
2,364
2,424
2,484
2,546
14,375
Intergovernmental
2,405
2,646
2,663 '
2,545
2,102
2,121
2,141
2,161
2,181
2,202
12,907
Charges for Services
2,471
2,614
2,438
2,954
3,036
3,127
3,221
3,317
3,417
3,519
19,637
Indirect cost allocation
1,696
1,903
1,775
2,036
2,085
2,137
2,191
2,246
2,302
2,359
13,320
One -time revenue
-
-
-
8,500
-
1,500
1,500
Sub - total
47,314
49,751
50,468
60,185
52,559
53,939
56,859
56,818
58,317
59,860
338,351
Dedicated Revenues (Capital)
1,045
1,024
1,613
900
857
882
909
936
964
993
5,540
TOTAL REVENUES
48,359
50,775
52,082
61,085
53,415
54,822
57,767
57,753
59,282
60,853
343,892
EXPENDITURES
Operating & Maintenance
(see Attachment B)
44,740
43,701
45,291
47,742
48,524
50,312
51,570
52,859
54,180
55,534
312,979
Debt Service
2,307
2,569
3,075
5,964
3,426
3,414
3,187
3,189
3,183
3,322
19,722
Reserve Fund
566
-
1,500
2,200
3
119
146
150
150
2,768
Operating transfers
160
1,078
225
475
675
323
329
316
283
283
2,209
Aden /Engineering
552
516
641
414
429
440
451
463
474
474
2,731
Subtotal Available
600
2,344
2,849
4,990
(1,839)
329
2,111
780
1,011
1,090
3,482
Capital Projects (Attachment C)
Residential Street
300
0
108 1
276
625
3,221
100
100
750
750
5,546
Arterial Street
294
6,089
7,668
3,713
1,958
5,733
2,028
2,118
2,208
2,263
16,308
Land & Park Acquisition
272
98
938
(1)
716
117
42
37
41
71
1,024
Governmental
Facilities
13
9
15
245
(3,170)
(1,320)
(2,695)
(1,700)
-
-
(8,885)
General Government
517
830
667
303
200
200
200
200
200
200
1,200
Fire Improvements
-
(158)
(34)
(80)
(50)
(50)
(50)
(50)
(50)
(50)
(300)
Sub total Capital
1,396
6,869
9,362
4,456
279
7,901
(375)
705
3,149
3,234
14,893
Change in fund balance
(796)
(4,524)
(6,512)
534
(2,118)
(7,572)
2,486
75
(2,138)
(2,144)
(11,411)
Beginning fund balance
26,759
25,963
21,439
14,926
15,460
13,341
5,769
8,256
8,331
6,193
15,460
Ending Fund Balance
$ 25,963
$ 21,439
$ 14,927
$ 15,460
$ 13,341
$ 5,769
$ 8,256
$ 8,331
$ 6,193
$ 4,049
$ 4,049
Reserve fund balance
$ 1,458 $ 1,458
3,000 $ 5,203
$ 5,206 $ 5,325
$ 5,470 $ 5,620
$ 5,620
620
Sales and Use Taxes - includes retail sales and use tax, natural gas use tax and criminal justice sales tax
Gambling and other taxes - includes gambling tax, admission tax and leasehold excise tax
Licenses & permits - includes business licenses, residential rental licenses, building and other permits
Intergovernmental - includes streamlined sales tax mitigation, grants, state shared revenues and entitlements
Dedicated Revenues (Capital) - includes REET, Greenbelt property tax levy, parking tax, motor vehicle tax, investment income earned in the
capital funds
One -time revenue - represents the LID bond proceeds in 2013 and sale of land currently used for storage by utility funds in 2016
Arterial Street - 2014 and 2015 net revenue derives from Tukwila Village; 2016 and 2017 net revenue derives from urban renewal property
sales.
2014 - 2019 Financial Planning Model
10/2 ?f313
CITY OF TUKWILA
ATTACHMENT A
DEBT SERVICE
2014 - 2019 Analysis in 000's
(a) Amount is net of tax credit.
72
----- ------
------
- - -' 6 Year Plan -----__=-------- - - - - --
Operating Transfer:
ESTIMATES
PROJECTIONS
TOTAL
DEBT SERVICE
Use of Debt Proceeds
2013
2014
2015
2016
2017
2018
2019
2014 -2019
LTGO 2003
Golf course club house
$ 3,380
$ -
$ -
$ -
$ -
$ -
$ -
$ -
LTGO 2003 Refunding
Community center and Fire station
491
488
-
-
-
-
-
488
#53
'1 CC
3t },3
91
3171.
.1 ..
9S
43
8
LTGO 2008 Refunding
City Hall Annex, 6300 bldg, and
737
812
811
811
809
809
811 »
4,863
Urban revitalization - Tukwila
Village; 12 /1/2019
3.32
365
>64
10:3
1 ukw;Li Vi13 z,
40::;
i -1'
l37
34
445
445
446
2,675
LTGO 2010
Southcenter Parkway Extension,
emergency management;
518
518
520
520
520
519
520
3,117
12/1/2024 (a)
r
,7t,31iti H: c'FSiY:'T � i�t� 1,. 1.iX >t S141s 3�1
.�..,
)4)
�vit
, >«�
>t{.1
*rii.
;35)
3`11.
351.
2,200
•_
133
? t
1_ .3
13,,9;
29
� lr
139
�..
i .
'1
139
831
LTGO 2011 Refunding
Arterial street portion of 2003
bond — South Park bridge
transaction; 12/1/2023
168
548
546
548
552
549
552
3,295
SCORE 2009
South County Corretional Entity,
SCORE Jail facility; 1/1/2039
430
431
431
431
431
429
429
2,582
Valley Com 2010
Refunding
Valley Communications Center
operating facility
241
229
229
458
LTGO 2014, proposed
Arterial Street Projects, 2024
477
477
477
477
477
2,386
1.i'xii ^rs €115 %311 r' A4 E' '7(71tii:, 33 455m
,2 ", "r
277
77
277
277
1,105
Boeing .\C?z1FC1i kY 1cl.,t, 32, 543
200
20&'
2111)
00
201)
1.,1)00
1' edeSt ian 5001)1
LTGO 2014, proposed
Urban Renewal
400
400
400
400
400
533
2,533
TOTAL Estimate / Projections
$ 5,964
$ 3,426
$ 3,414
$ 3,187
$ 3,189
$ 3,183
$ 3,322
$ 19,722
(a) Amount is net of tax credit.
72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE 2014 -2019
FINANCIAL PLANNING MODEL AND THE CAPITAL
IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT
AND THE CITY'S ENTERPRISE FUNDS.
WHEREAS, when used in conjunction with the biennial City budget, the Capital
Improvement Program (CIP) and the Financial Planning Model for the period 2014 -2019
are resource documents to help plan directions the City will consider for the future; and
WHEREAS, the Financial Planning Model and Capital Improvement Program are not
permanent fixed plans, but are guidelines or tools to help reflect future goals and future
resources at the time budgets are being planned; and
WHEREAS, the commitment of funds and resources can only be made through the
budget process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby adopts the 2014 -2019 Financial Planning Model
and accompanying Capital Improvement Program, incorporated by this reference as if
fully set forth herein.
Section 2. A copy of the 2014 -2019 Financial Planning Model and accompanying
Capital Improvement Program shall be kept on file in the City Clerk's Office.
Section 3. The assumptions, revenues and expenditures will be reviewed and
updated biennially, or as necessary, by the City Council.
Section 4. The detail of Capital Improvement Program projects will be reflected in
the published Financial Planning Model and Capital Improvement Program 2014 -2019.
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Page 1 of 2
73
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
Attachment: Financial Planning Model and Capital Improvement Program 2014 -2019
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74
Page 2 of 2
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Finance Director
DATE: October 30, 2013
SUBJECT: 2013 -2014 Mid - Biennial Budget Amendments
ISSUE
Approve the 2013 -2014 mid - biennial budget amendments before December 31, 2013.
BACKGROUND
Budget amendments are proposed for the following situations and reasons:
• Approve changes to the salary plan specified in the adopted budget.
• Approve budget re- allocation within and among funds and general fund dep
• Approve additional budget appropriations to ensure departmental and
remain within budget authority on an annual and biennial basis.
Within the biennial budget structure, Council approval is not required for line item
However for the purpose of clarity and transparency, the 2013 carryovers have
the proposed 2013 -2014 budget amendments.
DISCUSSION
The proposed amendments have been categorized by type as follows:
1. New - New proposals
2. Over budget -- Expenditures
exceeding budget
artments.
fund expenditures
budget carryovers.
been included with
4. Revenue Backed - Revenue backed
expenditures
5. Accounting - Accounting changes,
budget reallocation, fund balance
adjustment, non - discretionary costs
3. Approved - Council decisions / 6. Carryover - Budget carried over to
approvals, including CIP 2014 and outlying years
The proposed amendments are documented in two attachments. The Budget Amendment Summary
(narrative) describes the amendments in narrative format and organizes them by amendment type.
The Budget Amendment Detail (spreadsheet) lists the amendments in line item format, by fund and
department.
The majority of the budget amendments represent matters that have been previously addressed by
Council or that are administrative in nature. Of note are the "New" and "Over budget" amendment
categories. The five largest additions to General Fund departmental budgets and information on the
position upgrades are listed below.
75
INFORMATIONAL MEMO
Page 2
Five Largest Additions to Departmental Budgets, in Thousands (000)
(additions are offset by a reduction in Dept 20 expenditure budget - transfers -out)
Dept
Description
2013
2014
Biennium
Fire
Overtime, Trakit fire permit module implementation
$200
$50
$250
Council
Salary, benefits, meeting facilitation, travel
15
80
95 **
Park
Public utility services, primarily water
40
45
85
Court
Compensation for Judge's services
25
30
55
DCD
Staffing, professional services for comprehensive plan, other
45
45
Position Upgrades
Recreation Analyst and Court Administrator
9
20
$29
Information Technology Assistant and Database Administrator
1
11
12
** $50K of increase results from Affordable Care Act (ACA) mandates; amount excludes $15K Department of Revenue
charge for former employee.
Budget has been added to the General fund revenues and General fund expenditures for the $1 M
bond proceeds received on behalf of, then loaned to, the MPD for the capital improvement project.
Otherwise, increases to the departmental budgets have been offset by a reduction in the budget for
transfers out to capital funds of $922K (see line 34, column G of the Budget Amendment Detail). A
reduction in transfers to the capital funds is possible for three reasons; (1) certain capital project
activity has been moved to later years, (2) certain costs came in lower than budgeted (i.e. Howard
Hanson Dam flood response) and (3) additional resources are available in the capital project funds
due to favorable 2012 results ($1.75M fund balance budget has been added to these funds).
Budget added to General Fund revenue accounts (with the exception of the $1 M addition for the
bond proceeds) has been offset by a reduction in utility tax revenue of $366K (see line 33, column F
of the Budget Amendment Detail). This offset keeps the budget for General Fund revenue at a level
similar to the adopted budget, consistent with the City's conservative budgeting policy.
FINANCIAL IMPACT
General Fund. The net financial impact of the budget amendments consists of the $2.2M increase in
budgeted fund balance reflecting the favorable 2012 actual results (Line 38 column H of the Budget
Amendment Detail). Hotel /Motel Tax Fund. The budgeted fund balance is reduced by $100K for the
satellite visitor center at Westfield's Southcenter Mall. Capital Project Funds. A total of $1.75M was
added to the capital project fund balances (Residential Street $300K, Arterial Street fund $250K,
General Government Improvements fund $700K and Land & Park Acquisition fund $500K) to reflect
actual 2012 results. Other amendments relate to changes in the Capital Improvement Program (CIP)
previously reviewed by the Council. Water and Sewer Funds. Fund balance budget is increased by
$2M and $1 M respectively reflecting 2012 favorable actual results.
RECOMMENDATION
The Finance and Safety Committee is being asked to approve the 2013 -2014 mid - biennial budget
amendments. This item is scheduled for the November 12, 2013 Committee of the Whole, and
December 3, 2013 Regular Council Meeting.
ATTACHMENTS
Draft Ordinance
Draft Ordinance Detail
2013 -2014 Budget Amendment Summary (narrative)
2013 -2014 Budget Amendment Detail (spreadsheet)
76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2389,
WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL
BUDGET FOR THE 2013 -2014 BIENNIUM, TO ADOPT AN
AMENDED MID - BIENNIUM BUDGET; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on November 26, 2012, the City Council of the City of Tukwila adopted
Ordinance No. 2389, which adopted the 2013 -2014 biennial budget of the City of
Tukwila; and
WHEREAS, a mid - biennium budget amendment was presented to the City Council
in a timely manner for their review, in accordance with RCW 35A.34.130; and
WHEREAS, on November 12, 2013, following required public notification, the City
Council conducted a public hearing on the proposed mid - biennium budget amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Tukwila Ordinance No. 2389 is hereby
amended with the City Council's adoption of the document entitled "City of Tukwila
2013 -2014 Mid - Biennium Budget Amendment," attached hereto and incorporated by
this reference as if fully set forth herein, in accordance with RCW 35A.33.075.
Section 2. Estimated Revenues and Appropriations. The totals of the estimated
revenues and appropriations for each separate fund and the aggregate totals are as
follows:
FUND
EXPENDITURES
REVENUES
000 General
$122,930,819
$122,930,819
101 Hotel /Motel Tax
$3,532,082
$3,532,082
103 Residential Street
$2,600,000
$2,600,000
104 Arterial Street
$41,577,820
$41,577,820
105 Contingency
$5,278,632
$5,278,632
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77
FUND
EXPENDITURES
REVENUES
206 LID Gurantee
$680,000
$680,000
301 Land & Park Acquisition
$5,607,000
$5,607,000
303 General Governmental Improvements
$2,623,684
$2,623,684
401 Water
$18,814,000
$18,814,000
402 Sewer
$15,401,000
$15,401,000
Section 3. Copies on File. A complete copy of the final budget for 2013 -2014, as
adopted, together with a copy of this amending ordinance, shall be kept on file in the
City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of
Municipal Corporations of the Office of the State Auditor and to the Association of
Washington Cities.
Section 4. 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 5. 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 6. 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 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:
Attachment: City of Tukwila 2013 -2014 Mid - Biennium Budget Amendment
W: Word Processing \Ordinances \Budget amendment - 2013 -2014 mid - biennium 10 -28 -13
JF /PM:bjs
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Page 2 of 2
City of Tukwila
2013 -2014 Mid - Biennial Budget Amendment
Ordinance Detail
A
B
C
D
E
F
G H A +C +D
B +F +G
Fund #I
Fund Description
2013 -2014 ADOPTED BUDGET
AMENDMENTS
2013 -2014 AMENDED BUDGET
Total
Revenues
Total
Expenditures
Begnning
Fund Balance
Revenue
2013 -2014
Revenues
Total
2013 -2014
Expenses
Expenditures
Ending Fund
Balance
Total
Total
Revenues
Total
Expenditures
000
General
$ 119,730:819
S 119.730,819
$ 2,200 000
$` 1,000,000
33.200,000.
$ 1,000,000
$: 2,200.000
33;200.000
$122,930,819
'`$122,930,819
101
Hotel /Motel
3,712;082
3;712,082
-
(180,000)
(180,000)
(80.000)
(100,000)
(180,000)
3,532,082
3,532,082
103
City Street
2.300;000
2.300.000
300,000
300.000
110:000
190,000
300,000
2,600,000
2,600,000
104
Arterial Street
48.887,820
48,887.820
250,000
(7.560,000)
(7,310,000)
(8,640,000)
1.330,000
(7,310,000)
41,577,820
41,577,820
105
Contingency
5,203,632
5,203,632
75;000'
75,000
-
75.000
75,000',
5,278,632!
5,278,632
107
Fire Equipment Cumulative Reserve
1,030,000
1,030,000
-
-
1,030,000
1,030,000
109
Drug Seizure Fund
472.000
472,000
-
-
75,000
(75,000)
-
472,000
472,000
206
LID 33 bonds 2013
680,000
680,000
680,000
680,000
680,000
680,000
209
Limited Tax G.O. Bonds 2003
3,379,788
3.379,788
-
-
3,379,788
3,379,788
210
Limited Tax G.O. Refunding Bonds, 2003
979,750
979,750
-
-
979,750
979,750
211
Limited Tax G.O. Refunding Bonds, 2008
1.550,000
1.550.000
-
-
1,550,000
1,550,000
212
Limited Tax G.O. Bonds, 2009 - SCORE
865,000
865,000
-
-
865,000
865,000
214
Limited Tax G.O. Bonds, 2010
1.172,114
1,172.114
-
-
1,172,114
1,172,114
216
Limited Tax G.O. Ref Bonds, 2010 - Valley Co
472.000
472;000
-
-
472,000
472,000
217
2011 Refunding Bonds
717.000
717,000
-
-
717,000
717,000
233
2013 LID
1,707,400
1,707,400
-
-
1,707,400
1,707,400
301
Land Acquisition, Recreation &Park Devl.
4,577,000
4,577,000
500,000
530.000
1;030,000
1,080,000
(50,000)
1.030.000
5,607,000
5,607,000
302
Facility Replacement
6,366,204
6,366.204
-
-
6,366,204
6,366,204
303
General Government Improvements
2.173.684
2,173,684
700,000
(250,000)
450,000
(250:000)
700,000
450,000
2,623,684
2,623,684
304
Fire Improvements
400,200
400.200
-
60,000
(60,000)
-
400,200
400,200
401
Water
16,814,000
16,814.000
2,000,000
2,000,000
-
2,000.000
2.000,000
18,814,000
18,814,000
402
Sewer
14,401,000
14,401.000
1,000,000
1;000,000
1,000.000
1;000,000
15,401,000
15,401,000
411
Foster Golf Course
4,033.594
4,033,594
-
-
-
4,033,594
4,033,594
412
Surface Water
13,288.800
13,288,800
-
-
13,288,800
13,288,800
501
Equipment Rental
10,660.360
10.660,360
-
-
10,660,360
10,660,360
502
Insurance Fund
13,818,784
13.818,784
-
-
13,818,784
13,818,784
503
Insurance - LEOFF 1 Fund
1,606,680
1,606.680
-
-
1,606,680
1,606,680
611
Firemen's Pension
1,537,300
1,537.300
-
-
1,537,300
1,537,300
Total All Funds Combined
$ 281.857,011
3 281;857,011
$ 6,950.000
$ (5,705,000)
$ 1,245,000
$(6.645,000)
$ 7,890,000
$1,245,000
$283,102,011
$283,102,011
80
2013 -2014 BUDGET AMENDMENT SUMMARY
(Amounts provided below represent biennial changes)
GENERAL FUND 000
New proposals
Community Development (DCD). An additional $45K in extra labor and professional services has
been budgeted to assist with the comprehensive plan update and to provide plan review services in
response to increased building activity.
Court (CRT). An additional $55K in budget authority has been added to reflect increased workload
and hours needed for the judge of the Tukwila Municipal Court. The 2014 employment agreement
renewal will change the judge's compensation from .75 FTE paid on an hourly basis to .85 FTE paid
as an exempt employee.
Information Technology (IT). Council approval is required for any changes to the salary plan
specified in the adopted budget. The two Information Technology department position upgrades
contemplated through the amendment process are (1) upgrade the help desk technician position
from Technology Assistant to Technology Specialist to allow for broader coverage and assistance to
all departments, but especially Police and Fire; (2) upgrade the Database Administrator position to a
higher pay grade to attract qualified candidates. When the Database Administrator position was
advertised earlier in 2013 at the existing salary level, no candidates applied. A position study,
undertaken as a result of this recruitment effort, supports the position upgrade. The biennial budget
impact of the position upgrades, combined, is $12K.
Fire (FIRE). The Fire Department will be implementing the fire permitting module of the new Trakit
permit system in 2014. Budget of $50K has been added for this endeavor.
Expenditures exceeding budget
Fire (FIRE). The Fire Department experienced a staffing shortage as a result of several disability
leaves, the retirement of four firefighters, and staff participation in special assignments. Overtime
was necessary to maintain standard staffing levels. The staffing issues have improved but six staff
remain on leave for jury duty, FMLA and disability. The Fire department budget cannot absorb the
additional overtime costs and an additional $200K budget has been appropriated. Overtime will be
monitored closely for the remainder of the year and in 2014.
Parks (PRK). Expenditure budget of $85K is added for public utility costs comprised mainly of water
and some power charges; these costs have historically been under budgeted. The situation is noted
and will be rectified with next biennial budget.
Council Decisions /Approvals
Council (CNCL). Additional budget has been added for compensation and benefits ($60K), meeting
facilitation ($30K) and travel ($5K). A salary increase was approved by Council (see legislative
documentation for details) and the Councilmembers' benefit plan will change effective 2014 as a
result of the Affordable Care Act. Meeting facilitation was used for the 2013 Council retreat and is
planned for the 2014 retreat; additional travel budget was added to provide more flexibility to
Councilmembers in carrying out their responsibilities.
City Clerk (CLRK). In support of the new Trakit permit system, the Administrative Support
Coordinator position has been increased from .75 FTE to 1 FTE to expand the digital record services
provided by this position. The additional $37K of salary and benefits will be offset by a $17K
reduction in outside digital recording service costs. The new permit technology fee is structured to
fund a portion of this position as well.
Recreation (REC). Additional revenue of $46K and expenditures of $66K have been budgeted for
the Preschool program which is scheduled to open at the Tukwila Community Center in 2014.
81
Recreation and Court (REC), (CRT). Additional salary and benefits have been budgeted for position
upgrades for the Recreation Analyst, $14K, and Court Administrator, $15K, following Council
direction and in connection with the 2012 compensation study.
Revenue Backed Expenditures
Finance (FIN). Budget of $40K for LID administration will be funded by the .5% additional interest
charge to LID property owners with outstanding assessment balances; revenue is estimated at
$64K.
Court (CRT). Computer equipment of $4.6K was purchased for Court operations with funding from
an AOC grant (Administrative Office of the Courts).
Department 20 (Dpt20). Bonds were issued in 2013 for the Tukwila Metropolitan Park District capital
improvement project; however this transaction was budgeted in 2012. Budget of $1M is established
both for receipt of the bond proceeds and for the subsequent lending of the bond proceeds to the
Tukwila Metropolitan Park District.
Accounting Changes
Council (CNCL). The Department of Retirement Systems charged the City $15K for the cost of
PERS benefits associated with excess wages paid to a former employee.
Human Services (HS). The accounting for the $250K CDBG grant was moved to the Mayor's
department, Human Services Division, from a capital project fund because these expenditures do
not constitute capital transactions. There is no net budgetary effect.
Police (POL). The urban renewal budget of$800K is moved from the Police Department to
Department 20- transfers out. The funds will be used for the Tukwila International Boulevard motel
acquisition activities in conjunction with the Crime Reduction and Urban Renewal Initiative. There is
no net budgetary effect.
Public Works (PM. Budget of $60K will be reallocated within the Public Works department to fund
the purchase of replacement emergency mobile radios. The radio replacement is necessary to
maintain compatibility and functionality with the Puget Sound Emergency Radio Network. There is
no net budgetary effect.
Department 20 (Dpt20). The budgeted 2013 beginning fund balance was increased by $2.2M to
reflect actual 2012 results. Additions to other departmental budgets are offset by a reduction to Dept
20 transfers out to capital project funds.
Carryover
Human Resources (HR). The $30K compensation study for Teamster positions will be undertaken
in 2014 rather than 2013.
Police (POL). Unused budget of $63K and $19K for purchase of a vehicle and canine unit will be
moved from 2013 to 2014.
82
FUNDS OTHER THAN GENERAL FUND
Council Decisions /Approvals
Hotel /Motel Fund 101. Budget of $100K is appropriated for the establishment of a satellite Seattle
Southside visitor center at Westfield's Southcenter mall. Other revenue and expenditure budget
changes net to zero and reflect the diminished participation by the City of Kent in the tourism
consortium.
LID Guarantee Fund 206. Budget establishes the LID Guarantee fund; funds will be transferred in
from the Arterial Street fund in an amount equal to 10% of bond proceeds or approximately $680K.
Capital Project Funds * *. Budget amendments reflect changes made in the 2014 — 2019 Capital
Improvement Program (CIP). Budget is added to the Fire Equipment Fund 304 for costs associated
with land acquired through the Tukwila South development agreement for a new fire station; costs
include $50K LID assessment and $10K for surface water charges.
Accounting Changes
Capital Project Funds. Budgeted 2013 beginning fund balances are adjusted for actual 2012 results
for the Residential Street Fund 103 by $300K, Arterial Street Fund 104 by $250K, Land & Park
Acquisition Fund 301 by $500K, and General Government Improvements Fund 303 by $700K.
Contingency Fund 105 and Drug Seizure Fund 109. Budget for the Police records system set -aside
of $75K is moved to the Contingency fund from the Drug Seizure Fund.
General Governmental Improvements Fund 303. CDBG grant budget of $250K is moved from this
capital project fund to the Human Services division of the Mayor's department because these
expenditures are operating in nature and do not constitute capital transactions.
Water Fund 401 and Sewer Fund 402. Budgeted 2013 beginning fund balances are adjusted for
actual 2012 results for the Water Fund 401 by $2M and Sewer Fund 402 by $1 M.
Carryover
Golf Fund 411 and Equipment Rental & Replacement Fund 501. Unused budget for capital
expenditures of $40K and $157K respectively is moved to 2014.
** Capital project funds comprise Residential Street Fund 103, Arterial Street Fund 104, Land & Park
Acquisition Fund 301, Facilities Fund 302, General Government Improvements Fund 303, and Fire
Equipment Reserve Fund 304.
83
84
2013 -2014 MID - BIENNIUM BUDGET AMENDMENT DETAIL
Type :Dept /;Fund Acct Desc
P
Explanation
BFB 2013
BegFdBal Revenue Expense
Increase I Increase Increase
(Decrease) (Decrease) (Decrease)
Revenue Expense
Increase Increase
(Decrease) (Decrease)
2013 -2014 EFB
Revenue Expense EndFdBal
Increase Increase Increase
(Decrease) (Decrease) (Decrease)
tice
1 Accounting CNCL 000 PERS
PERS on excess wages paid to employee
2 Approved CNCL 000 SALARY & BENEFITS $200 monthly salary increase for four Council
members in 2014; healthcare benefit estimate of
$600 per month for 7 Council members - change
results from Affordable Care Act.
—
3 Approved CNCL 000 PROFESSIONAL Berk meeting facilitation for Council retreat /
SERVICES workshops.
4 Approved CNCL 000 TRAVEL
increase to 2007 -2010 level
60,000 (60000)
1.5,000
5 Accounting HS — 000 MINOR HOME REPAIR- Record CDBG grant in General Fund instead of capital
CDBG
project fund
6 Accounting HS 000 MINOR HOME REPAIR Record CDBG grant in General Fund instead of capital
project fund
7 Approved CLRK 000 SALARY & BENEFITS Reinstate .25 FTE for the Admin Support Coordinator
(Digital Records Center) beginning 1/1/2014.
125,000
125,000
250.000
250,000
37,271 (37,271)';
8 Approved Clrk 000 MISCELLANEOUS— — Reduction in costs for external digital record services;
supplanted by in -house add'I .25 FTE for the Admin
Supp Coord
9 Carryover HR 000 PROFESSIONAL Compensation study will be undertaken in 2014
SERVICES instead of 2013
10 Revenue FIN 000 LID ADMIN FEE .5% of bond issue
Backed
11 Revenue FIN 000 EXTRA LABOR
Backed
Extra labor for LID administration
12 Approved REC 000 SALARY & BENEFITS Preschool program to start 2014;
13 Approved REC 000 SUPPLIES
Preschool program to start 2014;
14 Approved REC 000 PROGRAM REVENUE Preschool program to start 2014
15 Approved REC 000 SALARY & BENEFITS Rec Analyst position upgrade
250,000
7,27
0,000
33,500
40,000 (40,000)
56,200 , (56,200)
0,200
46,460
46,460
9,300;,
16 New DCD 000 EXTRA LABOR Comprehensive plan update and increased plan
review activity.
17 New DCD 000 PROFESSIONAL Comprehensive plan update and increased plan
SERVICES review activity.
18 Approved CRT 000 SALARY & BENEFITS Court Administrator position upgrade approved
through non -rep compensation analysis completed in
December 2012
19 Revenue CRT 000 SMALL EQUIPMENT AOC purchase authorization and reimbursement of
Backed computer equipment
0,00
14,100
25,000
20,000
(10,200)
46,460
(14,100)',
20 Revenue CRT 000 AOC INFORMATION AOC purchase authorization and reimbursement of
Backed TECHNOLOGY EQUIP computer equipment
GRANT
000 SALARY &- BENEFITS — Judge's FTE revised to .85 from .75
CO
01
21 New
CRT
4,300
0,800
4,660
15,100 (15,100)',
4,660 ` (4 660)i
4.660
25,000
0,000
4,660
000 (55 000, f 5
•
2013 -2014 MID- BIENNIUM BUDGET AMENDMENT DETAIL
Type Dept /;Fund( Acct Desc
PRJ ; ;
22 Accounting POL 000 MISCELLANEOUS -
ADMIN
23 Carryover POL 000 CAPITAL
24 Carryover POL 000 CAPITAL — —
25 Over Fire 000 SUPPRESSION
budget OVERTIME
J —
26 New Fire 000 PROFESSIONAL
_ ----- — — S.ERYIC S
27 New IT 000 SALARY & BENEFITS
28 New IT 000 SALARY & BENEFITS
— V
_
29 Accounting PW 000 EQUIPMENT
Explanation
Record Urban Renewal budget as transfer out to
Facilities or debt service rather than Police budget
BFB 2013
BegFdBal Revenue Expense
Increase I Increase Increase
Decrease); (Decrease) (Decrease
2014 2013 -2014 EFB
Revenue
Increase
(Decrease)
Expense
Increase
(Decrease
Revenue Expense EndfdBal
Increase Increase 1 Increase
(Decrease) (Decrease); (Decrease
Move funding for vehicle purchase to 2014
Move funding for canine purchase to 2014
Long term vacancies and illnesses created need for
overtime to fully staff
Trakit Phase II, digitize records
(400 000)
63,000
(800,000
IT Help Desk position upgrade
IT database administrator position upgrade
Replacement of mobile, emergency radios required
for compatibility with Puget Sound Emergency Radio
Network (PSERN) mobile system.
30 Accounting PW 000 UNALLOCATED BUDGET Dept not in danger of going overbudget; budget
ADJUSTMENT reallocation for radio replacement funding
31 Over Prk 000 PUBLIC UTILITY public utility costs have been underbudgted in the
budget SERVICES past; actual expenditures through Sept 30 exceed
budget by %9
— —
32 Accounting Dpt 20 000 TRANSFER OUT Record Urban Renewal budget as transfer out
(Facilities or debt service) rather than Police budget
33 Accounting
00 UTILI
200,000 200,000 200,000)
0, 00fi 50,000
1,100 S 400 6,500 ; (6,500)
5,700 - 5,700 (5,700)?
0000,'
0,000)
60,000 (60,000)
(60,000)1 60,000
000
45;000
400,000
400,000
TAX REVENUE Revenue budget increases are offset with a decrease
in utility tax revenue
34 Accounting Dpt 20 000 UNALLOCATED BUDGET
ADJUSTMENT
—
35 Revenue Dpt 20 000 GO BOND PROCEEDS
Backed
36 Revenue Dpt 20 000 INTERGVTL -GO BOND
Backed
MPD POOL
37 Accounting Dpt 20 000 BEGINNING FUND
BALANCE
38 TOTAL GENERAL FUND 000
39 Approved
(202,760)
(365,920)
800,000 ( (800,000)'
)
(365,920)
Dept 20 can absorb additional costs; changes in
capital project costs and revenues reduce need for GF
transfers; $550K savings in HHD mitigation
MPD bond proceeds for capital improvements to
pool.
Advancement of bond proceeds to MPD for capital
improvements
Adjust BFB based on actual results
OFFICE SUPPLIES _ Equipment & Supplies Satellite VIC Setup
40 Approved — 101 EXTR—A-LA—BOR-ii — Staffing VIC with temparary part time and temp
agency staff same hrs. Mall is open
41 Approved 101 COMMUNICATIONS Internet /Phones /Arrival & Departure Subscription
— _
42 Approved 101 MEDIA BUY Vinyl Wall Beauty Shots /Posters _ _ T __
^
_._ _ _ — _ SPONSORSHIPS_ _
_43 Approved — _ __ _101 MISC. _ — _ — 4 _ — Contingency _ — w
42.860
922,460)
1,000,000
000,000
000,000
00,000
000,0001 (1,000,000;
2
200,
2!
00
00(
0
2.200.000_
,000,000 1,000,000 ; 2,200,000
9.063
7,000
72,000 ; (72,000
800
1,600
00 (2,300)
(1600);
2 of 5
2013 -2014 MID - BIENNIUM BUDGET AMENDMENT DETAIL
Type ' Dept /;Fund; Acct Desc
PRJ I I
44 Approved
Explanation
2013
Revenue Expense
Increase Increase
Decrease) (Decrease
Revenue
Increase
Decrease)
Expense
Increase
Decrease)
2013 -2014
Revenue Expense
Increase Increase
Decrease) (Decrease)
45 Approved 101 KENTREVENUE
46 Approved 101 MEDIA BUY
SPONSORSHIPS_ _
47 Approved 101 MARKETING
_ _ MAGAZINES & _
48 Approved 101 MARKETING SPECIAL
__.__ _ PROJECTS
49 Approved 101 MARKETING GENERAL
50 Approved 101 SEATAC SPECIAL
__—__ Y — _ PROJECT _ _
51 Approved 101 SEATAC COMMUNITY
SERVICES
52 Approved 101 PROFESSIONAL
SERVICES
53 TOTAL MOTEL /HOTEL TAX FUND 101
54 Approved - CV 103 PROJECT COSTS
CIP
55 Approved - CV 103 STATE GRANT-CASCADE
CIP VIEW
_
56 Approved - Sm r 103 PROJECT COSTS
CIP Road
57 Accounting 103 BEGINNING FUND
BALANCE
58 TOTAL RESIDENTIAL STREET FUND 103
59 Accounting
104 BEGINNING FUND
BALANCE
_ _
60 Approved IU 104 BOND PROCEEDS
_ CIP _ _
61 Approved - IU
_ CIP _ _
62 Approved - IU T —
_ CIP _ _ _ _
63 Approved - 144th 104 CONCURRENCY FEES
104 PWTF INTERURBAN
AVE S
104 FEDERAL GRANT T
_ CIP _ _ _
64 Approved - Ped
_ CIP _ _ _
65 Approved - Ped
—
_ CIP _ _
66 Approved - TC
104 FEDERAL GRANT
164 CONSTRUCTION MGTM
104 KING COUNTY GRANT
CIP
67 Approved - TC 104 REGIONAL MOBILITY
CIP GRANT
68 Approved - TC 104 CONSTRUCTION MGTM
CIP
Share of Citywide Allowable Costs 6.2% of VIC
Expenses _ _ _
ILA Terminated
(60,000)"
(120,000);
ower membership in Seattle Sports Commission
Vacation Planner Printing without Redesign
Ad Campaigns, PR Projects — _ — _ — _ _ _
Online & Print Ads
Conversion Study moved from 2013 into 2014
Conversion Study moved from 2013 into 2014
(9,000
27,000
24,000
9,000',
27 000)',
H
EFB
EndFdBal
Increase
(Decrease)
{5;837)':
(180,000);
8,000 18;000
54 000) 54,000
6,000) 56,000
2,000); 52,000
15,000
Conversion Study and other small projects delayed
moved from 2013 into 2014
(25,000
25,004
(75,000): (72,100), (105,000) (7,900) {180,000) (80,000), (100,000)
Cascade View - Transfer budget to 2014 from 2013
90,000
Cascade View - Transfer budget to 2014 from 2014
295,000
Small roadways - New project, barrier on 42nd Ave
Allentown _ — _ __ _
Adjust BFB based on actual results
ffftqlv
Adjust BFB based on actual results
Interurban- GO bond proceeds — _
Interurban - PWTFL
Interurban reduced grant funding
5144th Phase II
110,000 (110,000)
00,000'
I 300,000
300,000 = (295,000)_ (590,00
295,000 700,00
110,000
190,000 ':
3.400.000
Pedestrian Bridge - Carryover to 2013
(243,000),
(2,100,000)
(905,000)
458,000
243,000
250,000
3,400,000
2,500,000)';
(905,000),
458,000'
Pedestrian Bridge - Carryover to 2014
Transit Center, New KC FTA Grant
Transit Center - Carryover to 2011
Transit Center - Carryover to 2014
300,000
00,000
1.187.000
87,000
550,00
5
2013 -2014 MID - BIENNIUM BUDGET AMENDMENT DETAIL
Type ° Dept J Fund< Acct Desc
PR1 , E
Explanation
A
BFB 2013
BegFdBal Revenue Expense
Increase Increase Increase
Decrease) ; (Decrease) (Decrease)
2014 2013 -2014 EFB
Revenue Expense ? Revenue Expense • EndFdBal
Increase Increase Increase Increase ( Increase
(Decrease) (Decrease) (Decrease) (Decrease) (Decrease
69 Approved - TC 104 CONSTRUCTION Transit Center Carryover to 2014
CIP
-7-0 ved _
70 - EMW 104 CONSTRUCTION MGTM East Marginal Way Overlay - Carryover to 2014
CIP
71 Approved - EMW 104 CONSTRUCTION East Marginal Way Overlay - Carryover to 2014
_ CIP — _ _ _ _ —
72 Approved - APW 104 TIB GRANT
Andover Park West - Carryover to 2012
CIP
73 Approved - APW 104 CONSTRUCTION MGTM Andover Park West - Carryover to 2014
CIP
74 Approved - APW 104 CONSTRUCTION _ — Andover Park West - Carryover to 2014
CIP
75 Approved - BAR 104 BOND PROCEEDS Boeing Access Road Bridge - GO bond
CIP
76 Approved - BAR 104 BAR BRIDGE PWTF Boeing Access Road bridge - PWTFL
4,664,0013
{150,000
1,200,000
4,664,000'
150,000
,200, 0
0
6300
9O0i
_ CIP
77 Approved - BAR 104 CONSTRUCTION MGTM Boeing Access Road Bridge - Carryover to 2014
2,220,000
2,500,000
2,500,000)
__CIF — — - -- —
78 Approved - BAR 104 CONSTRUCTION v — Boeing Access Road Bridge - Carryover to 2014
045,000) 1,04
CIP
79 Approved - BAR 104 CONSTRUCTION Boeing Access Road Bridge - Construction Carryover
00,000;
100;0
CIP — _ to 2015 80 Approved - BAR 104 FEDERAL GRANT Boeing Access Road Bridge - Federal Grant carryover
_ CIP _ _ _ _ _ _ _ to 2015 _ _ _ _ _
81 Approved - BSNF 104 DESIGN — — — BNSF Regional Center Access
CIP
82 TOTAL ARTERIAL STREET FUND 104
3 Accounting
105 TRANSFER IN
84 Accounting 109 TRANSFER OUT
Fund Police records software rese
rom Police
budget rather than _ Dept 20 _ _ _ _ _
Fund Police records software reserve from Police
— budget rather than Dept 21
85 _Approved__ _ _206 TRANSFER IN _ LID Guarantee fund
86 TOTAL CONTINGENCY FUND 105, DRUG SEIZURE FUND 109 AND LID GUARANTEE FUND 206
87 Accounting
1 BEGINNING FUND
Adjus
BFB based on actual results
BALANCE
—
88 Approved - Ft 301 DESIGN — — — Ft Dent Paving - Addition
CIP Dent
89 Approved - Ft 301 CONSTRUCTION MGTM Ft Dent Paving - Addition
CIP — _ Dent
90 Approved - Ft 301 CONSTRUCTION — ^ Ft Dent Paving - Addition
_ CIP Dent
91 Approved - DHP 301 DESIGN Duwamish Hill Preserve - Addition
__CIP-_-___ ___ _ _ _ _ _ _ _ _ _ _ _-_ _
92 Approved - DHP 301 CONSTRUCTION MGTM Duwamish Hill Preserve - Addition
CIP
,120,000),;
,020,0
- (9,020,000). 9,020
(8,080 000) (9,200,000)
80,
250,000, ? (7,548,000
9,768,001
2,000):
380,000);
00 (7,560,000) (8,640,000)1 1,330,000'
75,000
75,000'
680,000
755,000 ; 75,000
680,000
75,000 ; (75,000) ° 680,000
755,000 75,000 ; 680,000'
500,000
20,000 - 20,000 , (20,000)',
30,000 30,0001 (30,000)
00,000 - 200,000 ; (200,000)
70 000 - 370,000 (370,000)
5,000 15,000
(15,000
4 of 5
2013 -2014 MID - BIENNIUM BUDGET AMENDMENT DETAIL
Type Dept / ,Fund; Acct Desc Explanation
' PRJ €
93 Approved - DHP 301 CONSTRUCTION Duwamish Hill Preserve - Addition
CIP _ _ _ _
94 Approved - DHP 301 GRANT
Duwamish Hill Preserve - Addition
CIP _ _
95 Approved - DHP 301 GRANT Duwamish Hill Preserve - Addition
CIP
96 TOTAL LAND & PARK ACQUISITION FUND 301
BFB
20
BegFdBal Revenue
Increase I Increase
Decrease) ; (Decrease)
3
Expense
Increase
(Decrease)
2014 2013 -2014 EFB
Revenue
Increase
(Decrease)
30,000
500,000
Expense
Increase
(Decrease
4
Revenue Expense EndFdBal
Increase Increase I Increase
(Decrease) (Decrease) ; (Decrease
30,000
500,000
445,000, I (445,000)
0,000
500'.000
500,000 )
530,000 ' ,1,080,000
530,000 = ,1,080,000' 1 (50,000)
97 Accounting
98 Accounting
99 Accounting
303 MINOR HOME REPAIR- Record CDBG grant in General Fund instead of capita
CDBG _ _ project fund _
303 MINOR HOME _ REPAIR _ Record CDBG grant in General Fund instead of capital
project fund
303 BEGINNING FUND Adjust BFB based on actual results
BALANCE
(250,000), 250,000
(250,000);
700',000
(125,000r
(250,000) ';
100 TOTAL GENERAL GOVERNMENT IMPROVEMENTS FUND 303
700,000
700,000 (125,000):S
000)
(125,000)' 1125,000;
(250,000) (250,000), 700;000:
101 Approved
102 Accounting
103 Accounting
104 Carryover
304 VARIOUS
0
New Fire Station costs - LID assessment for 2013,
surface water charges for both years
401 BEGINNING FUND Adjust BFB based on actual results
BALANCE _ __ _ __
402 BEGINNING FUND Adjust BFB based on actual results
_ BALANCE _
411 CAPITAL
55,000;
5,000
60,000 (60,000)
7
2,000,00
Move $401( capital expenditure to 2014
105 TOTAL. WATER FUND 401, SEWER FUND 402 AND GOLF COURSE FUND 411
(40,000)
3,1700,000
40,000
Pffl, 5:4
Carryover 501 CAPITAL Move funding for Command car
107 Carryover 501 CAPITAL Addtl funding for pumpers in 2014
108 TOTAL EQUIPMENT RENTAL & REPLACEMENT FUND 501
57,000
6000
71,000
157,000
5 of 5
90
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Shelley Kerslake, City Attorney
DATE: October 30, 2013
SUBJECT: Amendments to Tukwila Municipal Code 2.95 — Code of Ethics
Option 1. 5 member Board Comprised of Commission Chairs — Adjudication of
Complaints by the City Council.
At the Finance and Safety Committee meeting of October 22, 2013, the Committee reviewed an
ordinance amending the City's Ethics Code which included the creation of an ethics Board
which would receive ethics complaints and make an initial determination regarding sufficiency of
the complaint. After review, the Committee requested that three separate ordinances be created
for consideration: (1) Creation of an Ethics Board comprised of the chairs of the City's current
commissions who would render a sufficiency determination, cause and investigation to occur
and forward the matter to the City Council for adjudication of the complaint; (2) Creation of an
Ethics Board comprised of the chairs of the City's current commissions who would render a
sufficiency determination and adjudicate the complaint and (3) Creation of an Ethics Board
appointed by the Mayor and Council, with rigorous qualifications. This Board would render a
sufficiency determination and adjudicate the complaint.
The ordinance attached to this memo represents Option 1. In this ordinance an Ethics Board is
created and the membership is comprised of the commission chairs from the City's five standing
commissions. Under this model, the Board will make an initial determination of complaint
sufficiency. If the complaint is found to be initially sufficient, the Board will cause an
investigation to be completed. The investigator will make findings of fact but will not draw any
conclusions. Upon receipt of the investigation, the Board will forward the findings to the
Council. The Council will then determine whether an ethics violation has occurred and render
the appropriate penalty, if necessary. This process will apply to all elected officials and
appointed board and commission members.
ATTACHMENTS
Ordinance — Ethics Code — Option 1
91
92
R FT
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
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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. "Appearance of impropriety" refers to a situation which to a reasonable
person without knowledge of the specific circumstances might seem to raise ethical
issues. An example of such conduct could be when a person regularly and reliably
collects money for his or her employer in his or her personal wallet and later gives it to his
or her employer. By putting it in his or her personal wallet, it may look improper and give
rise to suspicion.
2. "Adverse to the interests of the City" means taking action which could
damage or prejudice the interests of the City or its citizens.
34. "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.
42. "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.
53. "Compensation" means payment in any form, for real or personal property or
services of any kind.
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95
96
64. "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.
75. "Hearing Examiner" shall mean the duly appointed and qualified Hearing
Examiner for the City of Tukwila, or his/her designee.
86. "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.; within three degrees of relationship by blood or
marriage.
97. "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;
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98
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
disclosed and noted in the official minutes or similar records of the City prior to formation of
the contract., as defined 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.
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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.
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; Of
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.
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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;
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 latter'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 and to provide advisory opinions when requested.
B. The Board of Ethics shall be composed of five members. The Board shall be
comprised of the Chairs of the City's five standing committees — the Planning Commission,
the Arts Commission, the Park Commission, the Equity and Diversity Commission and the
Civil Service Commission. Should the chair of any commission be unable or unwilling to
serve on the Board of Ethics, the most senior member of the commission shall be
selected.
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.
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 Tukwila
Municipal Code. The Board shall adopt procedures consistent with the provisions of the
Tukwila Municipal Code governing the conduct of its meetings. The Board shall be
supported by outside counsel if the complaint is against an elected official and by the City
Attorney's Office if the complaint is against an employee.
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E. The powers of the Ethics Board include rendering sufficiency determinations as
described in TMC Section 2.95.045 and responding to requests from City - elected officials
for advisory opinions regarding the application of the Code of Ethics to the prospective
conduct of such person.
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):
1. Mayor; or
2. City Attorney
3. City Clerk. -
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 designate an individual to conduct an investigation.
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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 receivcd by the Mayor, unless an extension is
granted in writing by the Mayor-co--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
FH. Within 5 business days of receipt of the investigator's written findings and
conclusions, the Mayor or City Attorney, as appropriatc, 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 - e"' - - - - - - - - investigation
conclusionsshall be forwarded by certified mail to the complaining party and the party
complained against at their last known addresses.
dcsignee, and the person(s) responsible for acting on the recommended disposition. The
requested.
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), as well as the recommended disposition, 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 purposcs only.
4J. The party complained against may, within 10 business days following the date of
athe recommended disposition, which that finds a violation of this Code of Ethics, request
in writing 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.
1K. 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 elected official or appointed board or
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103
commission member, the Hearing Examiner's findings wi41 -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 t en one or more of the following
penalties:
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, in the Classified City Scrvico;
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;
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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
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.
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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.
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
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 11 of 11
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Shelley Kerslake, City Attorney
DATE: October 30, 2013
SUBJECT: Amendments to Tukwila Municipal Code 2.95 — Code of Ethics
Option 2. 5 member Board Comprised of Commission Chairs — Adjudication of
Complaints by the Board.
At the Finance and Safety Committee meeting of October 22, 2013, the Committee reviewed an
ordinance amending the City's Ethics Code which included the creation of an ethics Board
which would receive ethics complaints and make an initial determination regarding sufficiency of
the complaint. After review, the Committee requested that three separate ordinances be created
for consideration: (1) Creation of an Ethics Board comprised of the chairs of the City's current
commissions who would render a sufficiency determination, cause and investigation to occur
and forward the matter to the City Council for adjudication of the complaint; (2) Creation of an
Ethics Board comprised of the chairs of the City's current commissions who would render a
sufficiency determination and adjudicate the complaint and (3) Creation of an Ethics Board
appointed by the Mayor and Council, with rigorous qualifications. This Board would render a
sufficiency determination and adjudicate the complaint.
The ordinance attached to this memo represents Option 2. In this ordinance an Ethics Board is
created and the membership is comprised of the commission chairs from the City's five standing
commissions. Under this model, the Board will make an initial determination of complaint
sufficiency. If the complaint is found to be initially sufficient, the Board will cause an
investigation to be completed. The investigator will make findings, conclusions and a
recommendation. Upon receipt of the investigation, the Board will determine that a violation of
the ethics code did not occur; that it needs more information to make a determination and hold a
hearing which is limited in scope; or determine that a violation occurred. The Board will draft a
recommendation to the Council related to the recommended disposition. This process will apply
to all elected officials and appointed board and commission members.
ATTACHMENTS
Ordinance — Ethics Code — Option 2
107
108
CRAFT
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
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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. "Appearance of impropriety" refers to a situation which to a reasonable
person without knowledge of the specific circumstances might seem to raise ethical
issues. An example of such conduct could be when a person regularly and reliably
collects money for his or her employer in his or her personal wallet and later gives it to his
or her employer. By putting it in his or her personal wallet, it may look improper and give
rise to suspicion.
2. "Adverse to the interests of the City" means taking action which could
damage or prejudice the interests of the City or its citizens.
34. "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.
42. "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.
53. "Compensation" means payment in any form, for real or personal property or
services of any kind.
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64. "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.
75. "Hearing Examiner" shall mean the duly appointed and qualified Hearing
Examiner for the City of Tukwila, or his/her designee.
86. "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 spouseT fe.g., within three degrees of relationship by blood or
marriage).
97. "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;
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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
disclosed and noted in the official minutes or similar records of the City prior to formation of
the contract, as defined in TMC 8.24.020.
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.
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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.
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; er
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.
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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;
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 latter'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, adjudicate ethics complaints against elected and
appointed officials and provide advisory opinions for elected officials, when requested.
B. The Board of Ethics shall be composed of five members. The Board shall be
comprised of the Chairs of the City's five standing committees — the Planning Commission,
the Arts Commission, the Park Commission, the Equity and Diversity Commission and the
Civil Service Commission. Should the chair of any commission be unable or unwilling to
serve on the Board of Ethics, the most senior member of the commission shall be
selected.
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.
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 Tukwila
Municipal Code. The Board shall adopt procedures consistent with the provisions of the
Tukwila Municipal Code governing the conduct of its meetings. The Board shall be
supported by outside counsel if the complaint is against an elected official and by the City
Attorney's Office if the complaint is against an employee.
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E. The powers of the Ethics Board include rendering sufficiency determinations as
described in TMC Section 2.95.045, adjudicating ethics complaints against elected and
appointed officials and responding to requests from City - elected officials for advisory
opinions regarding the application of the Code of Ethics to the prospective conduct of such
person.
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):
1. Mayor; ar
2. City Attorney
3. City Clerk-
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 designate an individual to conduct an investigation.
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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 - - - - e • - - e , unless an extension is
granted in writing by the Mayor or City Attorney,-as-appropriate. A copy of the written
investigation findings and conclusions shall be provided to the Mayor or City Attorney. -as
aPlafolariate
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 Chair of the Ethics Board, if the complaint is against an elected
official or appointed board or commission member.
disposition of the complaint. Copies of the recommended disposition and investigation
findings and conclusions shall be forwarded by certified mail to the complaining party and
the party complained against at their last known addresses. Additional copies of the
City Attorney's designee, and the person(s) responsible for acting on the recommended
disposition.
i-equcsting a formal hearing, pursuant to TMC 2.95.040(H), has lapsed and no such
hearing has been requested.
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), as well as the recommended disposition, shall be forwarded to the
Chair of the Ethics Board. Within 10 business days of receipt of the investigator's report,
the Board shall convene and review the complaint, findings, conclusions and
recommended disposition. As soon as practicable after giving due consideration to the
complaint, the Board shall take any action or combination of actions that it deems
appropriate and for which it is lawfully empowered to take including, but not limited to, the
following: placed on the next regularly scheduled Council meeting agenda, for
informational-purposes only.
1. Determine that no violation of the Code of Ethics has occurred.
2. Determine that a violation of the Code of Ethics has occurred.
3. If the Board determines that it needs more information to make a
determination as to whether the Code of Ethics has been violated, it may convene a
hearing to take such additional evidence as required by the Board. The scope of evidence
requested by the Board should be strictly construed. At such hearing, the Board may call
additional witnesses or consider additional documentary evidence. After final deliberations
on the investigator's findings, as well as any additional testimony, statements, or
documents presented at the hearing, the Board shall determine whether or not a violation
of the Code of Ethics has occurred.
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4. After the Board has made its final determination under TMC Section
2.95.045, subsection I, (1), (2) or (3), the Board shall issue its written findings of fact and
conclusions of law, along with its recommended disposition, if applicable. The Board's
conclusions shall be based on the preponderance of evidence standard. The Board may
recommend and the City Council may impose upon any elected or appointed official the
penalties set forth in TMC Section 2.95.050.
5. Copies of the written findings of fact, conclusions and recommended
disposition of the Board shall be forwarded by certified mail to the complaining party and
the party complained against at their last known addresses. Additional copies shall be
forwarded to the investigator, the City Attorney (or independent legal counsel), and the
City Council for matters involving a City - elected official, a commission member or board
member.
J. Ex Parte Communications. After a complaint has been filed and during the
pendency of a complaint before the Board, no member of the Board may communicate
directly or indirectly with any party or other person about any issue or fact or law regarding
the complaint, except that members of the Board may obtain legal advice with the
assigned independent outside counsel.
IK. The party complained against may, within 10 business days following the date of
at-he recommended disposition, which that finds a violation of this Code of Ethics, request
in writing 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.
IL. 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 elected 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 to any or a combination of the following penalties:
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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, in the Classified City Service;
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
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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.
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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
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Shelley Kerslake, City Attorney
DATE: October 30, 2013
SUBJECT: Amendments to Tukwila Municipal Code 2.95 — Code of Ethics
Option 3. Appointed 5 Member Board — Rigorous Standards for Appointment —
Adjudication of Complaints by the Board.
At the Finance and Safety Committee meeting of October 22, 2013, the Committee reviewed an
ordinance amending the City's Ethics Code which included the creation of an ethics Board
which would receive ethics complaints and make an initial determination regarding sufficiency of
the complaint. After review, the Committee requested that three separate ordinances be created
for consideration: (1) Creation of an Ethics Board comprised of the chairs of the City's current
commissions who would render a sufficiency determination, cause and investigation to occur
and forward the matter to the City Council for adjudication of the complaint; (2) Creation of an
Ethics Board comprised of the chairs of the City's current commissions who would render a
sufficiency determination and adjudicate the complaint and (3) Creation of an Ethics Board
appointed by the Mayor and Council, with rigorous qualifications. This Board would render a
sufficiency determination and adjudicate the complaint.
The ordinance attached to this memo represents Option 3. In this ordinance an Ethics Board is
created and the membership is appointed by the Mayor and Council. There are rigorous
standards for board member qualification. There is also a provision which allows for non-
resident appointment under certain circumstances. Under this model, the Board will make an
initial determination of complaint sufficiency. If the complaint is found to be initially sufficient,
the Board will cause an investigation to be completed. The investigator will make findings,
conclusions and a recommendation. Upon receipt of the investigation, the Board will determine
that a violation of the ethics code did not occur; that it needs more information to make a
determination and hold a hearing which is limited in scope; or determine that a violation
occurred. The Board will draft a recommendation to the Council related to the recommended
disposition. This process will apply to all elected officials and appointed board and commission
members.
ATTACHMENTS
Ordinance — Ethics Code — Option 3
125
126
D'AFT
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
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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. 'Appearance of impropriety" refers to a situation which to a reasonable
person without knowledge of the specific circumstances might seem to raise ethical
issues. An example of such conduct could be when a person regularly and reliably
collects money for his or her employer in his or her personal wallet and later gives it to his
or her employer. By putting it in his or her personal wallet, it may look improper and give
rise to suspicion.
2. 'Adverse to the interests of the City" means taking action which could
damage or preiudice the interests of the City or its citizens.
34. "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.
/12. "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.
53. "Compensation" means payment in any form, for real or personal property or
services of any kind.
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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.
M. "Hearing Examiner" shall mean the duly appointed and qualified Hearing
Examiner for the City of Tukwila, or his/her designee.
N. "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 spouseT le.g., within three degrees of relationship by blood or
marriage.
97. "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;
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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
disclosed and noted in the official minutes or similar records of the City prior to formation of
the contract,
1_1 _ , t
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.
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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.
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; Of
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.
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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;
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, adjudicate ethics complaints against elected and
appointed officials and provide advisory opinions for elected officials, when requested.
B. The Board of Ethics shall be composed of five members, two to be appointed by
the Mayor and three to be appointed by the City Council. The terms of the Board
members shall be three years. The first three members shall be appointed for one, two
and three year terms respectively.
C. Board member qualifications. Board members should be selected on the basis
of their concern for the welfare of the City, their interest in ethical matters, and their
reputation in the community and among their peers for integrity and mature judgment.
Experience in adjudication and /or ethics review is preferred. In filling a vacancy or making
a nomination for membership on the Board of Ethics, the Mayor and Council shall strive to
select persons with diverse perspectives and areas of expertise appropriate to the review
of ethical matters. For proposed nominees who are nonresidents, the Mayor or Council
shall state the reasons that contributed to the decision to nominate a nonresident,
including, but not limited to, particular expertise of the person to review ethics matters
and /or a desire to have a person or persons serve on the Board who, as a nonresident, is
less likely to have some personal, social or business relationship with whomever may be
the subject of an ethics complaint.
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D. 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.
E. 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 Tukwila
Municipal Code. The Board shall adopt procedures consistent with the provisions of the
Tukwila Municipal Code governing the conduct of its meetings. The Board shall be
supported by outside counsel if the complaint is against an elected official and by the City
Attorney's Office if the complaint is against an employee.
F. The powers of the Ethics Board include rendering sufficiency determinations as
described in TMC Section 2.95.045, adjudicating ethics complaints against elected and
appointed officials and responding to requests from City- elected officials for advisory
opinions regarding the application of the Code of Ethics to the prospective conduct of such
person.
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):
1. Mayor -er
2. City Attorney
3. City Clerk,
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.
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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
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 - - :: • - i4. e , unless an extension is
granted in writing by the Mayor or City Attorney repriate. A copy of the written
investigation findings and conclusions shall be provided to the Mayor or City Attorney. as
aPPreiariate
€H. Within 5 business days of receipt of the investigator's written findings and
conclusions, the Mayor-Of-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 Chair of the Ethics Board if the complaint is against an elected
official or appointed board or commission member.
disposition of the complaint. Copies of the recommended disposition and investigation
findings and conclusions shall be forwarded by certified mail to the complaining party and
the party complained against at their last known addresses. Additional copies of the
disposition.
requesting a formal hearing, pursuant to TMC 2.95.0,10(H), has lapsed and no such
I. 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), as well as the recommended disposition, shall be forwarded to the
Chair of the Ethics Board. Within 10 business days of receipt of the investigator's report,
the Board shall convene and review the complaint, findings, conclusions and
recommended disposition. As soon as practicable after giving due consideration to the
complaint, the Board shall take any action or combination of actions which it deems
appropriate and for which it is lawfully empowered to take including, but not limited to, the
following: placed on the next regularly scheduled Council meeting agenda, for
informational purposes only.
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1. Determine that no violation of the Code of Ethics has occurred.
2. Determine that a violation of the Code of Ethics has occurred.
3. If the Board determines that it needs more information to make a
determination as to whether the Code of Ethics has been violated, it may convene a
hearing to take such additional evidence as required by the Board. The scope of evidence
requested by the Board should be strictly construed. At such hearing, the Board may call
additional witnesses or consider additional documentary evidence. After final deliberations
on the investigator's findings, as well as any additional testimony, statements, or
documents presented at the hearing, the Board shall determine whether or not a violation
of the Code of Ethics has occurred.
4. After the Board has made its final determination under TMC Section
2.95.045, subsection I, (1), (2) or (3), the Board shall issue its written findings of fact and
conclusions of law, along with its recommended disposition, if applicable. The Board's
conclusions shall be based on the preponderance of evidence standard. The Board may
recommend and the City Council may impose upon any elected or appointed official the
penalties set forth in TMC Section 2.95.050.
5. Copies of the written findings of fact, conclusions and recommended
disposition of the Board shall be forwarded by certified mail to the complaining party and
the party complained against at their last known addresses. Additional copies shall be
forwarded to the investigator, the City Attorney (or independent legal counsel), and the
City Council for matters involving a City - elected official, a commission member or board
member.
J. Ex Parte Communications. After a complaint has been filed and during the
pendency of a complaint before the Board, no member of the Board may communicate
directly or indirectly with any party or other person about any issue or fact or law regarding
the complaint, except that members of the Board may obtain legal advice with the
assigned independent outside counsel.
MK. The party complained against may, within 10 business days following the date of
athe recommended disposition hich that finds a violation of this Code of Ethics, request
in writing 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.
IL. 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 elected official or appointed board or
commission member, the Hearing Examiner's findings wilt- -shall be forwarded to the City
Council and placed on the next regularly scheduled Council meeting agenda, for
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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 to any or a combination of the following penalties:
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_ in the Classified City Service;
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;-
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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
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.
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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.
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
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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