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HomeMy WebLinkAboutCOW 2014-07-28 COMPLETE AGENDA PACKETc 40 Tukwila City Council Agenda '0 ❖ COMM' TTEEOF THE WHOLE ❖ Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson -9 David Cline, City Administrator + Allan Ekberg + Verna Seal De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller Monday, July 28, 2014, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATION Budget and Capital Improvement Program (CIP) update for 2015 -2016. Peggy McCarthy, Finance Director. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 4. SPECIAL ISSUES a. A resolution authorizing the transfer of funds from various funds to the Facility Replacement Fund to purchase properties in the Urban Renewal area. b. An Interlocal Agreement between the City of Tukwila and the Tukwila Pool Metropolitan Park District (TPMPD) relating to operations of the Tukwila Pool. c. Amendments to the Ethics Code. d. A resolution regarding the "Tukwila, City of Opportunity Scholarship" program. Pg.1 Pg.9 Pg.43 Pg.83 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS PEGGY MCCARTHY Co meg renew ''.0' ' 07/28/14 PMC the transfer Fund, and/or 4,... 08 04 14 PMC 'Moon Oldtnance A1/: I ?air Bid -lniard A N I )ai e I IT Pulthr [fearing Mt Oak _ Other Mig Date Reso/ition ./1111)ale 08/04/14 DCO i IR Z 1 ' i tzathe fin' ------ --- — IV7-1Z. l'oll4v PW ITEM INFORMATION ITEM No. 4.A. S I \11, SI)( )INS( )I(: PEGGY MCCARTHY I;!N\1. A( n,ND \ DA rk: 07/28/14 l I I NI ' It Resolution authorizing Fund, Contingency to 12 months the transfer Fund, and/or of funds for an interfund loan(s) from the General other funds to the Facility Replacement Fund for up C \ I I (;( )1t Y )1$-cm ■ron i I / Due' 07/28/14 S l'()NN )1( Counci/ ilia)or Alt;1),ek 'Moon Oldtnance A1/: I ?air Bid -lniard A N I )ai e I IT Pulthr [fearing Mt Oak _ Other Mig Date Reso/ition ./1111)ale 08/04/14 DCO i IR Z 1 ' i tzathe fin' ------ --- — IV7-1Z. l'oll4v PW Approve Resolution authorizing loan(s) from the General, Contingency, and/or other funds to the Facility Replacement Fund for up to 12 months. The loan(s) will be used to purchase various properties located in the Urban Renewal area. The property will most likely be purchased in August and long term bond issue or other financing will be arranged at a later date. Cow mtg. CA&P Cm(c _ Utilities Crow Arts Comm. D\TI'',: 07/22/14 I "&S Cinte I Transportation Croft Comm. Planning Comm. CHAIR: SEAL ] Parks COMNIVITIT, RECOMMENDATIONS: SroNN)R/ADNHN. (:( ) \INIII'l Finance I I Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpiNt)Iii,Ri RI Qui 1 t AmoiJNi BuDG, 1,:p AppRopRin HON 1 1,Q(11101) : and Source: ( '0111111e/1LS. MTG. DATE RECORD OF COUNCIL ACTION 07/28/14 MTG. DATE ATTACHMENTS 07/28/14 Informational Memorandum dated 07/22/14 Resolution in Draft Form Minutes from the Finance and Safety Committee Meeting of 07/22/14 08/04/14 2 TO: of City of '--'''-''—_ Jim Haggerton, Mayor INFORMATIONAL U��U���������U� ox�x ��n'�n�x��n n��n����~ n�n�~x�n��n�x��n�����o�n Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carisen, Deputy Finance Director DATE: July 22, 3014 SUBJECT: Resolution authorizing the transfer of funds for an interfund loan(s) from the General Fund, Contingency Fund, and/or other funds to the Facility Replacement Fund for up to 12 months ISSUE Approve Resolution authorizing the City to transfer funds from the General Fund, Contingency Fund, and/or other funds to the Facility Replacement Fund for up to 12 months. The purpose of the transfer is to cover costs for the purchase of properties in the City's Urban Renewal area until the City issues bonds. BACKGROUND There are several properties within the City's Urban Renewal area that have been identified as prime for redevelopment. In August of 2013, the federal government, along with the City and other local jurisdictions seized 3 of the properties the City had identified for purchase, The City has completed appraisals on the parcels the City is interested in purchasing. DISCUSSION The motels that the City is interested in purchasing will be available for purchase in the next few weeks. It will take several weeks to line up bond financing for the purchase of the motels. Prior to bond financing, the City would loan money from funds that currently have excess funds to the Facility Replacement Fund, where the expenditures will be recorded. Once bonds are sold, the loans would be repaid. RECOMMENDATION Council is being asked to approve the resolution authorizing the transfer of funds for an interfund loan(s) from the General Fund, Contingency Fund, and/or other funds to the Facility Replacement Fund for up to 12 months and consider this item at the July 28, 2014 Committee of the Whole meeting and subsequent August 4, 2014 Regular Meeting. ATTACHMENTS Draft Resolution 4 DRt.FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF MAKING A LOAN OR LOANS FROM THE GENERAL FUND, CONTINGENCY FUND, AND /OR OTHER FUNDS TO THE FACILITY REPLACEMENT FUND FOR UP TO A 12 MONTH PERIOD OF TIME. WHEREAS, there may be insufficient funds available from time to time during the period of August 2014 to June 2015 in the Facility Replacement Fund to cover authorized expenditures before the City can issue bonds; and WHEREAS, the General Fund, Contingency Fund, and /or other funds have sufficient funds from which to transfer funds in an amount not to exceed $6,000,000 for the purpose of making loans to cover the authorized expenditures from the Facility Replacement Fund; and WHEREAS, in the event a loan is made from the General Fund, Contingency Fund, and /or other funds to the Facility Replacement Fund as provided above, the loans shall be at the current rate of interest provided by the Local Government Investment Pool at the time the loan(s) are made; and WHEREAS, the City Council intends to replace any funds loaned to the Facility Replacement Fund with long term bonds or other financing within 12 months of expending funds to purchase various properties within the City's Urban Renewal area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. Authorization is hereby given during the time period between August 2014 to June 2015 for the transfer of funds to the Facility Replacement Fund when there are insufficient funds available therein to cover authorized expenditures for which contracts have been executed, in an amount not to exceed $6,000,000 from the General Fund, Contingency Fund, and /or other funds for the purpose of making a loan at the current rate of interest provided by the Local Government Investment Pool. W: \Word Processing \Resolutions \Interfund loan for urban renewal 7 -22 -14 VC:bjs Page 1 of 2 5 Section 2. Implementation. The Finance Director is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel Turpin, Assistant City Attorney W: \Word Processing \Resolutions \Interfund loan for urban renewal 7 -22 -14 VC:bjs 6 Page 2 of 2 Finance & Safety Committee Minutes July 22, 2014 - Page 2 D. Resolution: Authorizing an Interfund Transfer for the Purchase of Property Staff is seeking Council approval of a resolution that would authorize the transfer of funds for an interfund loan from the General Fund, Contingency Fund, and /or other funds to the Facility Replacement Fund for up to $6,000,000.00 up to12 months in order to cover the cost of purchasing properties in the City's Urban Renewal area. In August 2013 the federal government seized three of the properties the City had previously identified for redevelopment. The forfeiture cases are moving quickly, the appraisals are complete, and the motels will be available for purchase in the next few weeks. Until bond financing can be secured, this interfund loan will allow the City to purchase the properties. Once bonds are sold the loans will be repaid. UNANIMOUS APPROVAL. FORWARD TO JULY 28, 2014 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Committee Chair Seal mentioned the State Auditor's exit interview that occurred earlier in the day, noting the auditing team were complimentary of City staff. Committee Chair Seal also mentioned that the next Finance and Safety meeting is scheduled on August 5, coinciding with the events of National Night Out against Crime, and asked if there was any objection to the traditional cancellation of the committee meeting. Committee members and staff agreed with the cancellation. Meeting adjourned at 6:56 p.m. Next meeting: Tuesday, August 19, 2014 — 5:30 p.m. — Hazelnut Conference Room Minutes by LH Committee Chair Approval 7 8 COUNCIL AGENDA SYNOPSIS Meeli n... c /e Prepared by i „ arr rview C _ . ouncil review 07/28/14 CT TPMPD 08/04/14 CT Moiion Odie 08/04/14 11R Resolution Al It Date LII IX :0 Ordinance AN Dale Bid /12pard Al 1,g 1)(Ile I I Public 1-leariu Ahrg Date _ P&R I Po/ice Other Ally, [)ate I I PIT' : \ii,(;()1( ' 0/saion ,111■? Rile Si )N.Sc R ( outh7/ AN ITEM INFORMATION ITEM No. 4.B. 9 St Al* Si' ( )NS( Interlocal )1t: DAVID CLINE MINAI, AC;kNDA HA II: 07/28/14 Ac ;1,,NI ),\ HEN1 Tril,r, TPMPD Agreement 7/28/14 A4,!yor Moiion Odie 08/04/14 11R Resolution Al It Date LII IX :0 Ordinance AN Dale Bid /12pard Al 1,g 1)(Ile I I Public 1-leariu Ahrg Date _ P&R I Po/ice Other Ally, [)ate I I PIT' : \ii,(;()1( ' 0/saion ,111■? Rile Si )N.Sc R ( outh7/ AN l''inalliv l'ire IT Si uNs( /1.C., Amendments to the TPMPD Interlocal Agreement )I l[\ \ ky RI :\ ii,vci I.) thY C( AV Mtg. - Unlittes Crnte DATk: 7/15/14 CA&P Cmtc F&S Crnte I I ' ransportation Cnne Parks Conun. ] Planning Conun, (:( °FIFE CI IA IR: DUFFIE Arts Cuintu. RECOMMENDATIONS: SI,()N.s()R/AD\IIN. ( MNII Mayor's Office I'll , Forward to Committee of the Whole COST IMPACT / FUND SOURCE Kxin:NDIllim, RkQUIRFD AMOUNI BUDGLIED APPROPRIA I ION RFQ1,1 tFf Fund Source: C'00107entS: MTG. DATE RECORD OF COUNCIL ACTION 07/28/14 MTG. DATE ATTACHMENTS 07/28/14 Informational Memorandum dated 07/08/14, with attachments Minutes from the Finance and Safety Committee Meeting of 7/15/14 9 10 T[): City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U���������U� on�n ��nnn�n��n n��n����~ n�o�~n�n��nn�nn�����o�n Mayor Haggerton Community Affairs and Parks Committee FROM: David Cline, City Administrator Rachel Turpin, Assistant City Attorney DATE: July 8, 2014 SUBJECT: Amendments to the Inter local Agreement for Pool Operations and Support Services ISSUE The Tukwila Pool Metropolitan Park District (TPMPD) is recommending making revisions to the |nt8dOC8| Agreement with the City of Tukwila. BACKGROUND The City of Tukwila and the TPMPD approved an Inter local Agreement (ILA) for the City to continue to provide Operation and Support Services to the Tukwila Pool. Over the past few months, the Tukwila Pool Metropolitan Park District (TPMPD) has proposed several revisions to the ILA and has asked the City Administration and City Council to review these changes. This was also brought forward for discussion at the March 25, 2014 and June 10, 2014 Community Affairs and Parks (CAP) Committee meetings. At Committee of the Whole meeting on June 23, 2014, there was consensus to bring forth the CAP recommended ILA for final Council approval. At the June 25, 2014 the TPMPD approved additional changes to the ILA. These additional changes are now being brought back to the CAP for discussion. Any final amendments to the ILA will have to be approved by both the City Council and the TPMPD Board. DISCUSSION Since January, the City and the TPMPD have been discussing possible changes to the ILA, and many versions have been created. The following attachments provide the most recent versions which were last seen by the Committee of the Whole and the TPMPD. The CAP is now being asked to review this language and provide direction on any additional changes or modifications to this agreement. • Attachment A is the current ILA signed by both parties in December 2013; • Attachment B is the draf ILA previously recommended by CAP on June 10, 2014 and then approved by the Committee of theVVho|emnJune23'2O14tnb8fOrman1OdtOth8 next Regular meeting for final approval. • Attachment C is the draf proposed by the TPMPD June 25, 2014; and • Attachment D is the draf proposed ILA with track changes (Attachment A & Attachment C combined). FINANCIAL IMPACT Unknown INFORMATIONAL MEMO Page 2 RECOMMENDATION A copy of the current ILA is attached for your review. Administration would like Committee members to review the entire agreement and be prepared to discuss any recommended amendments to the agreement at the July 15, 2014 Community Affairs and Parks Committee ATTACHMENTS Attachment A: ILA signed by both parties in December, 2013 Attachment B: Draf ILA approved by Committee on June 10, 2014 and COW on June 23, 2014 Attachment C: Draft LA proposed by the TPMPD June 25, 2014 Attachment D: Proposed amended ILA with track changes (merging Attachment A and C) W:\Cvunci0momns\z l*\TpMpDnA nfoWomomwpD ILA py'14.uocx 12 ATTACHMENT A INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila ( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are Washington municipal corporations, hereby enter into the following agreement: I. RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT 1. Term of Agreement, Termination and Renewal. 1.1 Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until January 1, 2016 1.2 Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. 2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2 Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. Attachment A: Interlocal agreement signed by both parties in December 2013 13 2.3 Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services will cost approximately $6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.5 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 2.6 Employees. All City employees who provide the TPMPD the services called for in this Agreement shall be employees of the City, and not employees of the TPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TPMPD. The City shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and enforce the City's policies and procedures related to employee safety, pool behavior and workplace harassment. 2.7 Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry Attachment A: Interlocal agreement signed by both parties in December 2013 14 out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 3.1 Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4. General Provisions. 4.1 Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Tukwila. 4.2 Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 4.3 Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 4.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 4.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 4.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. 4.7 Notices. Any notice to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 Attachment A: Interlocal agreement signed by both parties in December 2013 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Jim Haggerton, Mayor Title: Board President Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk Title: Clerk of the Board Approved as to Form: Approved as to Form: Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD Attachment A: Interlocal agreement signed by both parties in December 2013 16 ATTACHMENT B INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY Of"FUKWILA AND THE TUKWILA POOL mETROPOLITAN PARK DISTRICT In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila. ("Tukwila") and the Tukwila Pool Metropolitan Park District ("TPMPD"), both of whom are Washington municipal corporations, hereby enter into the following agreement: RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: IL AGREEMENT Term of Agreement, Termination and Renewal. 1.1 Teim. This Agreement shall he valid from the Effective Date set forth in Section. 4.1 of th.i.s Agreetitent until I .111( hiH iirrt tity,tide tr.t,tittt.d 0) Ii t(ttr titlx.t1 1 IrI t-ittell rl.atice to the tfit).‘11ll.t.) t.tut(„th r Ii it 11 111 IP,' ( :5 ) H I Hr lattyrs aftef st.tict ntttlitt(tt Ii lift H rectLtitiect, lHHt utrt.rt/ tittrillinatttt [lift tirtt...trtt I r ii Ii Ii H I H H ncjticte to thct. tri").M.1"'D„ it titEtIttttitt.t..„1(itt,ttiottltit. HHIhirh IHIHI JLittIIi rtit 1ttql2tlir iIHHHr 111111111 II. [1 (III irrtdutttlutittAtt, Ltittlt,ttEtpirty Hirl dtkitt t ht:t. (t)t.httty.' :[2,ttrtty, I Hi I 111111 H/I 11 Iii Attachment B: 1) RA ILA approved by Committee on June 10, 2014 and C( )W June. 23, 2014 17 1.2 Renewal. This Agreement may be renewed only by written agreement of both 2.] 2. Scope of Work. Pool Operations Scope of Work. Duties shall be performed by the incumbent. identified by job tide(s), however the City Administrator may delegate responsibilities based on staff availability and urgani/ation needs. Tukwila shall perform the duties described in "Exhibit. \`' for the TPMPD. 2.2 Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be hilled separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. 2.3 Support Services Scope of Work. L)utiox shall be performed primarily by the iocon/bcu1 identified by job title, however, the City Administrator may delegate responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus |U% for overhead expenses. Support Services �44 cost approximately $6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. firid i irti ooxim b�!o9v tbc uonou1 o�uz�n)uco� Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due .from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. Employees. All City employees who provide the TP.Mp[) the services called for in this Agreement shall be employees of the City, and not employees Attachment 8: DRAFT D-A approved hy Committee ooJune \O.20|4 and COW June 23,20l4 18 of the -IPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called .for in this Agreement shall not he entitled. to any benefit from the TPMPD. The City shall, at all times, he solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and the policies and procedures related to employee safety, pool behavior and workplace harassment. Records. Al! records relating to the provision of the services called .for in this Agreement shall he considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD., provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall he responsible for its own legal costs and attorneys fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 3.1 Insurance. Each party shall carry and maintain, for the duration of this Agreement. property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. (nits() vilth tfici t.iie coining Irlark of ricit 11\ its 111: the "iffthtirilliiiii) the. \l'iii21211i(i)hied-111 ()if"' Attachment B: DRAFT appn)ved by Conn' tee on June 10, 2014 and COW June 23, 2014 19 tit, 1., Jirrtnitti:ttititti„:ti thitt rfittintiajiti titiait„1 :Anti Lan tin..1(.::t tan tact. tilict tiittith jittitittijitcilntititt, 'Pi-tut Frt.:it tiatittiatirki it-I fici'it:/tittlititit Autlitti„. f. FiN1 ititittitiritAincatt 1-iiititintyrialittitittatt. tt\a.tattjtti,jiitiiatt,ittitttititittttaltttti:it.ttttjtiitiitiitktit.tititttntilt!:Jiti,titittttitittt,ii,.ttitjilitt.ttiti are ititt Tittlinotellainietrittitttitiitrititityntittit ()It cullaintit titit "in tilt:. "c.V.HIA.L.Pcii. to tt.di,titt2j anti. kit] atiaiitittititi t.iti titli?tititatict.yri (tit t 1:11()(ii 0.111'2 L1111(11(:',1r 1110(1:1 , frC ) (:)t. Lai/ arkaitailil„ n(titt .!tdnittati (Jr fettilititinid Attachment H : .)12AFT ILA approved by Committee on June 10, 2014 and COW jutie 23, 2014 20 ,I,S.General Provisions. if-Ho roV Effective Date, This Agrccrncnt shall be cftective upon ratifieation hy each Party's governing body and execution hyTPMP[)`s Board President and the Mayor of Tukwila. Amendment.. This Agrceinent rnay be amended only upon the consent *t both Parties, Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was 'Waiver. The waiver by any party of any breach of any term, oovcoan1, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement, Attachment B: AFT ILA approved by C'ona tee o me ), 2014 and COW June 23, 2014 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not he affected thereby. Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. L1,68.10 Counterparts. This Agreement shall he effective whether signed by all Parties on the same document or signed in counterparts. 4;78. ft ft Notices. Any notice to be provided under the terms of this Agreement, shall he delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk. President: City of Tukwila TPMPD 6200 Southcenter Blvd, 6200 Southcenter Blvd. Tukwila, WA 98188 Tukwila, WA 98188 Attachment 13: DRAFT 11,A approved hy ('omulitlee on June 2014 and COW June 2A, 2014 22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement tobeexecuted. CITY OF TUKWILA TDKWD^& POOL METROPOLITAN PARK DISTRICT 8y:_______ ]icu}{ugger|ou,.Muyor Dated: B):-- — --- Title: Board President Dated: Attest: Christy O'Flaherty, City Clerk Title: Clerk of the Board Approved as to Form: Approved as to Form: Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD Attachment B: DRAFT ILA approved hy Committee vu]"no 10, 2O|4 and COW June 23. 2014 24 ATTACHMENT C KNTERLK0CADAGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY Of"FKJKWDLA AND T&80TUKWULA POOL METROPOLITAN PARK DKST.RICT In accordance with the [uk:dncu1 Cooperation Act (ReVV 39.34), the City of Tukwila ("Tukwila") and the Tukwila Pool Metropolitan Park. District (^7PMP[)`,), both of whom are Washington municipal comorations, hereby enter into the following agreement: RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPK4PDrecognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; , Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to fucili1u|c the operation of TPMPD and the City of Tukwila Pool: D. AGREEMENT Term of Agreement, Termination and Renewal. 1.1. Term. This Agreement Agreement shall be valid from the Effective Date set forth in Section 4. 1 of this Agreement until December 31, 2015 unless terminated by consent of the parties or by one of the termination methods set forth below, etc. (a). Terniination for nonpayment. If the TPMPD has not made a monthly payment within ten (10) days after its due date of net 30, Tukwila shall send, by registered mail and email, written notice to the TPMPD that such payment is overdue. If payment is not made within five (5) business days after said notice has been received, Tukwila may terminate this Agreement by providing written notice to the TPN8PI), it being understood that nothing in this shall limit or impair Tokvvi|m's right to any remedy otherwise available under applicable law. (b} Termination for failure to carry insurance, Either party may terminate this Agreement immediately in the event the other party fails to maintain the insurance coverage required under Section 3.1. (c). Termination Without Cause. Either party may terminate this agreement at any time with one hundred twenty (120) days written notice to the other Party. Attachment C: Draft ILA proposed by the TPMPD 6-25'14 l2. Renewal. This Agreement Agreement may he renewed only by written agreement of both Parties. 2.1. Puo| Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2. Pool Staff and Management. The cost of pool staff and counagcn`cot salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program. Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and onunagccncur. 2.3. Support Services Scope of' Work. Duties shall be performed primarily bytbeincunzheo( identified by job title, however, the City Administrator may delegate responsibilities based. on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4. Support Services Cost Basis. TPMPD shall pay Tukwiia for providing support services based on the hourly wages and benefits of City staff and their time spent providing support. services, plus 1096 for overhead expenses. Support Services are estimated to cost approximately $6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.5. Cost Controls. ' .ijApjzort services costs, exceed $(000,_per , tripnth_~~~~^~^ ~~rr` title parties i options for reduci the costs. TPMPD a.ndthe CitI_v'iU actively seek and iup|cnzeu1coy| saving measures to assist in maintaining costs below the annual maximum. 2.6. Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for suppor services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 2.7. Employees. All City employees who provide the TPMPD the services called for in this Agreement shall be employees of the City, and not employees of the TPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TPMPD. The City shall, at all times, be solely responsible for the conduct of its employees in performing. the services called .for in this Agreement. The City shall be solely responsible for all Attachment C: Draft ILA proposed hy the 1PD4PD6'25'|4 26 compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and follow the City's personnel policies and procedures related to employee safety, pool behavior and workplace harassment. 2.8. Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall he retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and bo1d harmless the other party and each of its employees, officials, agents, and volunteers .from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible fo its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's v/uive, of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 3.1. Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4. Accountability and 4.1. Annual Operations Work conlilnction with. the Executive °mations Work Plan for the coming,Iear on or before Novernber 1.5th of each year. ^ ca). Annual. Operations_WQrk. Plan_Approyal, Ex+et�+e- - .� .� - - *atk i shall be subject to the approval of the TPMPD, within 45 days of submittal, which approval shall not he unreasonably withheld. If the TPMPD does not approve the Work ' it shall specify in detail a reasonable basis for its disapproval. 1.f the TPMPD fails to provide its approval or a reasonable basis for disapproval within the foregoing 45-day period, the Annual Qperations P4*+uamubonitV:dbyTukvviluaboJlbcdcemcduppzovcd. In the event. of dispute or disagreement regarding the adoption of or compliance with the Annual Qperations ,)d*_Plawe, the parties shall resolve such dispute pursuant to the Dispute Resolution provisions in Paragraph 67. AUaLh!neni C: Draft ILA propoed by the TPMPD 6'25'14 � �� . PA*eohuU/oc\udo, u1anmu/nzuo�, the fo||ovv/ogelements: Proposed pool hours, programs, partnerships, and user fees. (ii). Proposed routine maintenance plan and identification of non-routine maintenance for the year. ,Proposed annual operating budget including all operational expenses and expected revenue (not to include capital expenses or TPMPD administrative costs). Proppiprozain level success criteria and prc2,poseA ^ ^ Of ' ^ ^ ' ' ' the one _■velc_beven daysl_prior to the inonthly_IPMf I) _Board . Financial Reporting. Tukwila shall provide monthly financial reports to the TPMPD. The monthly reports shall provide all income and expenses, including staffing and support services, separating operational expenses from capital expenses and TPMPD udnioiatro1ivecoa|e. The reporting shall be submitted to the TPMPD Board in time to be included in the distribution for the monthly public meeting. ' ' cuKrentinicinthly gper,ations Scapa format and content. . 4.4. Performance Audits. The TPMPD may conduct Performance Audits at such time as TPMPD determines a Performance Audit is necessary. Performance Audits will include, but are not limited to, review of Tukwila's performance against Annual Operations Work Plan benchmarks, budget, timelines of current and future projects and other deliverables as presented to the Executive Director and outlined in the Work. Plan. 5. Tukwila Policies and Procedures. The TPMPD agrees to adopt and follow all Tukwila policies and procedures relating to the operation of the pool existing on the date of this Agreement. Tukwila reserves the right to modify, remove or add policies and procedures relating to the operation of the pool, provided however, if such policies and procedures affect the TPMPD' s Attachment C: Draft lLAprnpnye1hy/heTP 6,25-14 28 costs under this Agreement, such modified, removed or additional policies shall be subject to the prior approval of the ]-PMRU, such approval by the TPMPD not being. unreasonably 6. IPMPD Policies and Procedures. The TPMPD reserves the right to adopt TPMPD policies and procedures procedures that govcrn pool policy and operations. will obtain ' If such policies or s affect the wages or working conditions of Tukwila such policies and procedures shall be subject to prior approval by Tukwila, such approval not being unreasonably withheld. TP.MPDpnliciom may not relax requircrncnts below current Iocal, state or federal standards. TPMPD policics shall supersede all previous policies once adopted. 7. Dispute Resolution. 7.1. Negotiation. In the event a dispute arises under this Agreement the parties agree to engage in a process of negotiation to resolve such dispute. 7.2. Mediation. If the parties are unable to resolve a dispute regarding this Agreement ibrough negotiation, either party may dem.and mediation through a process to be mutually agreed to in good faith hetween the parties within 30 days. The parties shall share equally the costs o[m.cdiubon and each party shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. ArbitHattionr-iftetukEtirl Fade figifieedieleffilli3Wifif14-113-441141.1-jeifie,:, file-114 ; 444-1111113afeyeihel-1-411e451-1444 61131411; -11.411:1111111111114-11114 Attachment C: Draft 11.A proposed hy the TP P 6-25-14 slot Hobe -the. -so ifo--E%etffsiv-e--afifl--flioal --Ftqffefi yolk+ oo-toffeffifeffpitfly- for any- dfspofe 144 -4144441 8, General Provisions. 0.1. No Separate Entity Created. This Agreem.ent does not establish a separate legal entity, joinibuunj, or administrative section for the purpose of acquiring, managing, or disposing of property, or any other financial obligation allowed under the Interlocal Cooperation Act, 8.2. Administration. Unless the Parties otherwise agree, there shall be no lead agency responsible for the administration of this /\rrecozeot. This Agreement shall be administered jointly by the chief officers of the respective Parties. 8.3. Property Ownership. This /\,recolcm\ does not provide for joioUyovvocdpronerty. All property presently owned or hcrcafter acquired 'by osiugTPM9l] funds shall remain the property of the TPMPD and all property presently own.ed or hereafter acquired using City funds in performing services under this /\greeoocnt shall remain the property of the City in the event of the termination of this agrcernent. 8.4. Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 8.5. .Effective Date. This Agreement shall be effective upon ratification by each Party's governing hody and execution hy TPMPD's Board President and the Mayor of Tukwila. 8.6. Amendment. This Agreement may be amended only upon the consent o[bn<b Partiea. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 8.7. Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent 'breach of the same term, covenant, or conditioii of this Agreement. 8.8. Severability. If any provision of this Agreement shall be he kJ invalid, the remainder of the Agreement shall not be affected thereby. 8.9. Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and 0.10. Counterparts. This Agreement Agreeriient shall he cffcctivc whcther signed hy alt Parties on the same document or signed in counterparts. Attachment C': D,ud ,/\proposed by the TPK4PD 6'25-14 30 8.11. Notices. Any notice to be provided under the terms of this Agreement, shall he delivered by certified mail, return receipt.. requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk. President City of Tukwila TPMPD 6200 Southcenter Blvd. 6200 Southcenter Blvd. Tukwila, WA 98188 Tukwila, WA 98188 Attachment Cr Di t ,A proposed hy the TPMPL 6-25-14 31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Iim..Haggerton, Mayor Title: ..._eiinSMriii,...Board President Dated.: Attest: Dated: Attest: Christy O'Flaherty, City. Clerk. Title: Kate KrullerClerk of the I3oan1 Approved as to Form.: Approved as to Form: Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD Attachmen.t. C: Draft ILA proposed by the TPMPD 6-25-14. 32 ATTACHMENT D INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BE.FWEEN THE CITY OF '17UKWILA AND THE rIUKWILA. POOL METROPOLITAN PARK. DISTRICT In accordance with the Inter local Cooperation Act (RCW 39.34), the City of Tukwila (-Tukwila") and the Tukwila Pool Metropolitan Park District ("TPMPD"), both of whom are Washington municipal corporations, hereby enter into the following agreement: RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT Term of Agreement, Termination and Renewal. 1.1 Tenn. This Agreement shall be valid from the Effective Date set forth in 4,1:7 Section 4.1 of this Agreement until kifFwafyol., ',41.64.)ecerriber 11 2(,),15 unless n sent of the 1?...11irtles et(, tc1 j1DIA4r.L:41.1c11: jiLduc sh.„0.,e of' net 30, 1 ukwiii..1. strait send„ 'IPMPF) v0-itten notice 1,2 k PNIT'D„ in thig. noiw in th sli.:111,01111U1.1s2.1" lu"iniiis, 'Tukwila's riglut to any Ecrus,','.j.y Linder 4prgicabic l l . „ 1 ! „ . . ' , 1 0 1 1 t l i t t . u 2 E f p 1 1011101 'LC) c 0 1 1 i y JflUM0( 1,1),e1 partyluay&[kpitlue to rnaintain 01e 11100 1n1 1 (OVI 01 rectiljx.0 Lulder Section 3„1 Attachment D: 7-9-14 Proposed Draft ILA with track changes 33 .eirninatn.)n \V ,t cniuse. Eith.eri2orty_rnay uiy with one hundred twentyLI2f:. days Wf0.111.Cri 1110tiCa2` Other Pally, :14.1.2„. Renewal. This Agreement may be renewed only by written agreement of both Patties. 2. Scope of Work. Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and. organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2-72 2 Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in -Exhibit 2" as needed and requested by the Board President or his or her designee. ' 2-4----Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based. on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services wflltnialo cost approximately $6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. thee iiiiinimailaitilmiaiimitanamaniiiefaatmef -4-80-54.4),---015eeifeesfai s uppart es costs eix e cif! iiipeeifi-eaiadaaiimeemw-fittew+tiapfe5ialefFieinifahe--Baa-efefetfaiv.eme-aeheid..-5;6(aiOOO5Ttitliiiwit.aasttafii iiiiiiiiiieieflefleainklathe parties shell]. ifaifeafi-defiliiPWD-wiit.heieeiEi-ettsworik togetheiT to find opti.ons ried.u.cing the costs.. IiiP.N4PE) and the City Will aCtixety,5eek inaplemertt cost saviin.;5,;. st. n n n rim, costs below the-Ef.fHit+al-u .filiffk$6,60Q42er month, -1,2: Monthly Invoice, Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the 'hourly rate applicable to such services and .the expenses incurred no later than 15 business days after the end of each month. Attachmeni D: 7-9-14 'rot sec Dm" with track changes 34 Payment shall be due from TPMPD ]A lays from the date of invoice and .made payable to the City of Tukwita. 27752, 6 ��nyees. All City employees who provide the TPMPD the services called for in this Aurccnncu< shall be employees of the City, and not employees of the TPMPD. Except as provided in this Agreement, the employees nftbe City who are performing the services called for in this Agreement shall not be entitled to any ben.efit from the TPMPD. Tbc City shall, at all times, be solely responsible for the conduct of its employees in performing the services called .for in this Agreement. The City shall he solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and the City' s_personnel policies and procedures related (oemployee safety, pool behavior and workplace harassment. Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or wUlbuUy(ondooauoik/nyoriu4odnomhyihcper[orozngpm1yor8nyn[i(*ccnp|oyccs,nOOciuJs' agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreeincnt. This provision shall also survive and reniain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. lnsurance. Each party shall carry and maintain, for the duration of this Agreem.ent property and liability insurance coverage for all operations, facilities, equipment, and personnel, inclucling liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. Attachrncnt 1); 7-9-14 Proposecl Drat1 ILA wth track changes tt)„tol)t)))))vt)viatftkttt shall be stibject to t,he app...coval ctl) the r1P.N1PI)))).„ wittlin,5),.1ct sulattnittal„ which 41)prori.,.1.1. shall nc.)t. bc) tinreasorial)ly 1 k Jit t)2)1111)),ISI)P,1)11))1(2,!',.L.)„ .not 4pprotve the Astrtual tiapciattic)n.); VVV)))11)„. -1)latiNtaetplittlataft„ it stltall )5.1 ectity in detail .,)1. reasonattle basis for its dis.)1.PPftt2lat.L,tf„....tlt))).....„),Lt"'t.NilaftliJ.)).i......1,t)?aftl)tttYttk).....ita.,AP'W)Q...Y.4.l.)..Q.Lt)! .reason.ablE) basi.s 'for dis;,)![J) roval within the foTql)))))irts, 45-da)y) period, the Apntial itiliitiiarati»ris Wady Ti'llartiVitv»4»,littatit as stibnlitted tly 'Tukwila shalt he deenttgsj °41).212i.s2yscl., In. the event of dispute or (lit»lgteernent re...g1..rd..i.n.):))). the adc..)ptit»fi (if or c)orrigh))1)11»)(;) with garties shall resolve slid) di„)))121ile pu.rstiant to the Di))iptute Resc)intiontpaavisic)ns 1 .).',),..ritgrah))4)))2„ (1)))„, Aratual („),)perati(ants, (aft) Clatnient.„ a he itttililtutl it)..)-12ctratittris N2Vt»»0),, ahinAtittett4)))121-»+) slit:11t inclucl)))t„. tit, a rtlininnuth.„ the fi,alth)wirtgel)))1.11))„,t,int), fiat Platitosed.„120(.....)1 .ctijtj„ Pi-c..)pc)sed .1)())utine, m u n1cn pLn athl identification o 1.1(..)rt-t"aittin.e, ttlt,ttit1ql..).1.111c.,Lift,11111.1)„.„Y))))),i111) (hilt larcui2c.)sect atintKil ,tud))))t it)cluditi)w, o -.)en)iti)nal e.;.),j12),)::)nses and exi),e,eted revertue inot. 1 ineRide c)q)r.12. letx,...penses or 1)1)M.1.1)) a d all 11 iStrilti VC (att)„ tai).).1))))))).)(1 12to)),),r)vm. lavv»)11 tatecet))), 4,,,1"itchtia Lind 12t))211oveal ttftitash-cin,r)),,a)1)) of success, ( v), 1 ()posit') 1))Hat ttvdt d),-).),,aapincro• 'dud piolaacaad )hvvv,,m(tnlant (cal, Atranttil („tp,ortgicans VVork Plan (2u)truttly Ptc.)12)...:)tin.)))), 'fauktattht )provide 11 'FF"N/IPIL) i))))),:ijit,),Itim,rte.lityarcl2):»)ritt in»h nz, nut .not it) ilte().1 ft.)taagyess cay,t,atu-d ou irp))))1 the ))))unitati (:).:42»)t)ittorfts \:")./taltk Plan -111»»»„) .1»12)»iittt, a.R) Vtuc) to Ilhe 111,),xechtiv))) Itivirv,t)tipr InecijcIL»),„ .Morothiy ftinanciall FOINTtlint.„ Tuk.wila s11)111 p[pvide) ittcwthly fin)Anci),.1,1 rcnorts),) t)c) the 11 lI I 11 J ag occ-:?112tZ nd ex tenses, including staffitig am).1 shprtprt servicett, s.Q2arating operatic)nal exJ)enses .frona (,));;Ipital e))spern)es and. iPMF'D ati 't.).,NIP.P...13.9itrs1 tiq)...g. IA? be inducic)(1 in the clistributior) for the monthl3{aptiblic meehnilt„„ )...),13„..„1))),I)apshlt,),Att,Dpet:»itia»))))) .1),,c)ptortinlo,„„ )tula»),tila shall 1.)trovicle itictrutittly plaeTati(m)))), ,r())12(1))) tv..). the ritiort tally iaLitiirations .»iiipiista shall tte, cicinssistent with operattioris conterit, Attachment D: 7-9-14 Proposed Draft ILA with track changes 36 L 11 11 u d it '11)m :11 )C, 110 w Auclit 1.1.(„.',',(,':,essary Performah,r,c Attsjits_witl ip,c.j.t4ctg, !lg! to VI V LSItel j2cIlitcs)1.!JI41l. IS).„JJAtsitenclunarki, budget, tinlelines of current and filtiire 1-j,„xq.cut tjvc k o t 1nd n Piari am! P(oceaures. The TPIVIPTS) agrees to adrept athl fs)119yy',,,A11:1:4,,,,yito.R2Jsksks • relifilpx, to h o of the ,psc)cii exislJns, oh die date of lifls LI reserves 11 1 modif:y„ichove or k.1 1(1 policies ?„.u.,10,1:g„h„,Lledttft....;,,.5 s01 c:. rAt ionot 11 LV pro v ided 110 we ve r 01 11 441 41 s an procedu res i0 eist11 eali,MT211?: 4 Dc..Y.1 ii.c.deDslIm4e(1 or additional. 11Plics4es shall he 11) 01 4pproval of the TPmPt), siwh ;,..41201o01 a1 by ale IsPM.P.D 111 1e.01 igttai01 yis21-20114 Ly 6 11 \v1 li"'olicies and ,Procedtires. 11 se js)c.11(,-14 tsi proceclilres th,alLgt.wernp{:..soix)ol.ic,y 1141 (.,11)e1 .,‘.,,i.0 ori.s,, If shell aillo,,stepse,isLewEs..41s2pss-,...„ PITSNII,),11),..i,,Yllsis. obtain Tillsevila's aci.(.,.„..ITC111.1"2„, peki,..)cedures affect. the ior working cciindition,(,?:1' such lolicies andjsroce(iiires shall 14 sti.biect to_prioriloroval 1 me11 kwil.4, 01 gorgv.o..1. risat 40 L„tei. n.r e a. n a lily vi1 1 1 M ps31icies 1 41 lo re (1g:ire 1.1).litsii2cL1 ow cu1r1, s111?..e1 i„,. state (Dr fedral sta.r.R.I.ards. 10 PIDwlicies shall su,..1j2ersecie all previowipolicieL52Qiage acippisA, 1..limtIe Rslution. 7, 1 „ No;slitiatk.)11, Liu the event a 410111101 'urUses Linder 11101 in a process or ruczoU:ttic)n 1es1VC SL000 MololUl the. parties a.re unattle to .resolve d.isplate regar(ling eernerit thrmigh ne(lotiation eitherTea.rt.:yenle dern.and triecikitiori throhgh ',.,,eprocess h,..) be mutually wgreed iriegood faith betWeell tileTarties vehhill 30 d,,sLy:.s„ The parties sh.a.I.1 share (zsdpally th.e 1 401 1(4 444 31 01441 ARO oJ P 144 11 i.n the. 41 (10) iort, including expert witness fees a.n.cl. rea,sonable attornqy's fe e s 40tliSsass1 yik,,;!-Elifilsi-eine1 1 is4 atereek ,,+1 4at4effePails-te fesK4vsesthes-dsis1 tttsesstftehssyei+hi.4 1 fdatssditysssei1 4 1 e ise-E,H4sities 41 istt to -the f111Weittin'a1164' the Sectffieis-GoilisteRailes. for Manflateisy ,A,fhi-tfalsii.3fse-sifselftdingsthess4,eE.wais-Masni,la4i,Nsy..-Arlsfitrafifwiss,.R.ssttesssesf etheesKilitescetslity Siipefieles€43,thstsissic.,..11#, .1'.,..,7eistoteysesWass:hicittati, ifS-atf4 eti1eE1 +4 1 ;hi1 t1tefi-Ett?,fee-if4 Vv111itint-te-iffiaillii1 iii1 tiA1E1-€411113+14e---FeS01±14011119,FeeeS-S,0:17ie-ilfbil+1144011-411.1114-13€11befiffe-ii 1.4411111teleStedi4 b4.1,':01111(Aeeted:13+117,itittlit-10411e0W11111,E.P..11,'Fy-A14344iiti404.1.1-Rii411S-VV144-47)14.1i pitftie-SH'itHififfg1ENF.tiiatty1iii4hi10ee1S1-0-f-aie-EtFbitffftf111-11:1 fe1te.ie.14'41111ie1iff lb.1 t1.160110,Shal4: be-+FHAHfiatPy--agFeed--E)f-e4iibfi+ihedseleyssstliessa.ssisgllekbeAi43s ,-ateisissafic,..1-4Shesslavisssof :\VaStfiH-gt8HH-Will-g0Vifffi-it11-ff(:')eeE'Aiffg.S0-EEI.,'E41'f1iffty-StiiiP-1heafeSpifffSit.11e-fe-f°it1'1.'E»Wii e0St1i-ifi-pfepafifi-tfEH1-EH+d-pitaieifh'ftifitif1-the0fift1itfi.:.,Sf::.e.flseiffei,tfelihfsseiispeiFtewi-tfi-es-ssf.ees affderesaisof434esat-terftey:sse1 eess Attachment D: 7-9-14 Proposed Draft ILA with track changes 37 38 fti*ett �^ i ��� un ., h o^o lpfethehh eho of t he tit ..type of re 14e defhaihk4h. 4:.0.GcuccaiPzovisioox. Entity 8.2, Admiriistra.tion. Unless the Parties otherwise a.g.sehy there, shall no lead '4,grhn.cy j...b.c.h.,,y1y,kinnistrati(m of tins .Agyeement„ This ./hzreernent shall be achnithstered. Joint.ly by. the cfne.f officers of respective Parties. de for Jointly o wiled pshperty,_ Ad] ply,'...12chl....y_args..hntly„ ow lied. .he re afte r qu i re d by u sing P MP D funds shall re rn. al n t h.e in the event („if the tertnination. of this 1.1.1reernen.t„ Q.h.ty.a.ncl shall confer no benefits, direct or ilimlied.„„ (...)n any thirdverscms„ Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Amendment. This Agreement may be amended on!y upon the consent of hoth Parties. Any arnendrnents shall he in writing and shall he ratified and executed hy the Parties in the same manner in which this Agreement was originally adopted. Waiver. The waiver by any party of any hzcucb of any k:cm., covenant, or condition of this Agreement shall not be deem.ed to be a waiver of any subsequent breach of the sam.e term, covenant, or condition of this Agreem.ent. Attachment D:7'0'|4 Proposed Draft ILA with. track cbuugux Severability. If any provision of this Agreement shall he held invalid, the remainder of the Agreement shall not he affected thereby. 4,5809, Entire Agreement. This .Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms ancl conditions. 0, Counterparts. This Agreement shall be effective whether signed .by all Parties on the same document or signed in counterparts. 1 1 Notices. Any notice to be provided under the terms of this Agreement, shall he delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attachment D: 7-9-14 Proposed Draft ILA with track changes 'President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 39 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: Jim. l'rlaggerton, Mayor Title: In, nr)L Board President Dated: Dated: Attest: Attest: Christy 0'.Flaherty, City Clerk Title: K.11.11k1.-, Clerk of the Board Approved as to Form: Approved as to Form: Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TP Attachment. D: 7-9-14 Proposed aft ILA with track changes 40 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes July 15, 2014 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Joe Duffie, Chair; Dennis Robertson, Verna Seal Staff: Jack Pace, Ryan Larson, Lynn Miranda, Rachel Turpin, Laurel Humphrey CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m. PRESENTATIONS II. BUSINESS AGENDA Committee Chair Duffie requested a moment of silence in memory of Shelley Kerslake. A. Grant Acceptance: Duwamish Gardens Project Staff is seeking Council approval to approve a grant agreement with the Salmon Recovery Funding Board for $949,434.00 for the Duwamish Gardens Project, which is now in the final design and permitting phase with construction expected this fall. This award requires a City match of $301,523 which can come from other non -State funding sources, and an additional $1,565,000.00 in construction grant funding has already been secured from the King County Flood Control District and King Conservation District. The total construction cost estimate is $1,800,000.00. UNANIMOUS APPROVAL. FORWARD TO JULY 21, 2014 REGULAR CONSENT AGENDA. B. Contract: Heartland LLC Staff is seeking Council approval of a service contract with Heartland LLC to evaluate how the Landscape Conservation and Local Infrastructure Program (LCLIP) promoting urban redevelopment and resource land conservation could be implemented in the City. The cost for these services is $42,060 and is fully funded by a Washington State Department of Commerce grant which was accepted in May 2014. LCLIP is a program that allows cities to access a portion of county property tax in exchange for adopting policies that incentivize protection of resource lands while directing development toward urban growth areas. UNANIMOUS APPROVAL. FORWARD TO JULY 21, 2014 REGULAR CONSENT AGENDA. C. Interlocal Agreement: Tukwila Pool Metropolitan Park District Staff is seeking Council approval of amendments to the Interlocal Agreement for Pool Operations and Support Systems proposed by the Tukwila Pool Metropolitan Park District (TPMPD) Board of Commissioners. The Committee previously reviewed proposed amendments to the ILA at its June 10 meeting and forwarded those amendments to the June 23, 2014 Committee of the Whole. At its June 25, 2014 TPMPD meeting the Board approved additional changes that must subsequently be approved by the Council. The Committee discussed the most recent version of the ILA as well as the direction of the pool operations and likely transition to a different provider. Following discussion, Councilmember Robertson approved the latest version of the ILA and Councilmembers Duffie and Seal were in favor of forwarding the item to the Committee of the Whole with no recommendation. DIVIDED RECOMMENDATION. FORWARD TO JUNE 28, 2014 COMMITTEE OF THE WHOLE FOR DISCUSSION. 41 42 COUNCIL AGENDA SYNOPSIS Aleett* L e Preparalhy Mc,lycy- 7iew Councd remw 07/28/14 CT t 7/28/14 08/04/14 CT I ciollition AN 14'e ( )r7liname 1\11 Dale 8/4/14 I'mance 1'11e 13!J ,]11417(1 i1N Date — IT PliblIc I learnr AN Di e Oliver' N Orile ( \11(,()Ry Onill,,Ion Alo, pale .`.,1)( )1V-r( )R (w1111/ I IR I)( I) Pc'71t. E Pole RIV Mayor ITEM INFORMATION ITEM No. 4.C. 43 Si \I I S‘I)( )i`N.,( )1(.. DAVID CLINE Code 2.97 Code of Code 2.95 — Code ()RR ;IN \I, A( ;I NI) \ I) \ 1 I . 07/28/14 ,V,1 Ni Iii \I Ti 1 il Creation of Tukwila Municipal Amendments to Tukwila Municipal Ethics for Elected Officials and of Ethics 7/28/14 AN iVlotron Dale I ciollition AN 14'e ( )r7liname 1\11 Dale 8/4/14 I'mance 1'11e 13!J ,]11417(1 i1N Date — IT PliblIc I learnr AN Di e Oliver' N Orile ( \11(,()Ry Onill,,Ion Alo, pale .`.,1)( )1V-r( )R (w1111/ I IR I)( I) Pc'71t. E Pole RIV Mayor )()\.m)P.',, Two ordinances that provide different options for creating a Code of Ethics for Elected w\i\i \R) Officials. Both Ordinances create a Board of Ethics comprised of members of the City's Commissions. Option 1 has the Board of Ethics issue findings of fact, conclusions and recommended disposition. Option 2 has the Board of Ethics issue findings of fact only. A third ordinance amends TMC 2.95 Code of Ethics to no longer apply to elected officials. I \ II \\ I I) BY .. 0 \V Mtg. CA&P Cline Z l'&S Cmte Transportation &Ilk! * Utilltic,, Cintc Art, Comm — Parks Comm. ] Planning Comm 1)\J l'` 06/3/14, 6/17/14 & 7/8/14 COMMITTEr, CI IAIR. SEAL RECOMMENDATIONS: Si)()\()1(/ \Mir\ ( ( >N1 \II Mayor's Office/City Attorney 1.11 1 Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE 14.xpliNI)1 ,R1 RI QIIIRI I) AMOUN1 131.11)(j1 III) APPROPRIA I ION RLQUIRI 1) Fund Source: ("m)mic/its MTG. DATE RECORD OF COUNCIL ACTION 07/28/14 MTG. DATE ATTACHMENTS 07/28/14 Informational Memorandums dated 06/ / 4 Minutes from the Finance and Safety Committee meeting of 07/08/14 Minutes from the Finance and Safety Committee meeting of 06/03/14 & 6/17/14 Minutes from the Finance and Safety Committee meeting of /05/ Minutes from the Finance and Safety Committee meeting of 0/08/13 & 10/22/13 Draft Ordinances 43 44 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator Shelley Kerslake, City Attorney DATE: June 18,2O14 SUBJECT: Creating Tukwila Municipal Code 2.97— Code of Ethics for Elected Officials and Amending Tukwila Municipal Code 2.95 — Code of Ethics ISSUE Creating a Code of Ethics for Elected Officials that also creates a City Board of Ethics. DISCUSSION Afterfurther discussion on June 17, 2014, the Committee decided to move forward with Option 1 (detailed below) which creates Tukwila Municipal Code Chapter 2.97 — Code of Ethics for Elected Officials. Chapter 2.95 Code of Ethics will be amended to no longer apply to elected officials. Committee members asked about training for the Board of Ethics members and were informed that the City Attorney's office would provide training to the board members. There was also discussion about providing independent counsel to advise the Board during the process and a request to determine criteria for how independent counsel would be assigned. BACKGROUND At the Finance and Safety Committee meetings of October 8, October 22 and November 5, 2013, June 3, and June 17, 2014 the Committee discussed amending the City's Ethics Code. At the June 17, 2014 committee meeting three ordinances were reviewed and discussed. Option 1: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation of an Ethics Board comprised of the chair or designee from each of the City's current commissions. Under this model, the Board would 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, conclusions and provide a recommendation. Upon receipt of the investigation report, the Board will determine one of the following: • That a violation of the ethics code did not occur; . • That additional information is needed to make a determination and hold a hearing which is limited in scope; or • That a violation of the ethics code did occur. The Board will draft a recommendation to the Council related to the recommended disposition. Option 2: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation comprised of the chair or designee from each of the City's current commissions. Under this model, the Board would 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 report, the Board will forward the findings of fact to the Council. The Council will then determine whether an ethics violation has occurred and render the appropriate penalty, if necessary. Ordinance 3 amends Chapter 2.95 Code of Ethics to no longer apply to elected officials. INFORMATIONAL MEMO Page 2 At the June 3, 2014 meeting the Committee reviewed and discussed three separate ordinances for consideration: 1. Creation of an Ethics Board comprised of the chairs of the City's current commissions where the Board would make an initial determination of complaint sufficiency and if sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact but will not draw any conclusions. The Board will forward the findings of fact to the Council and the Council will then determine whether an ethics violation has occurred and render the appropriate penalty, if necessary; 2. Creation of an Ethics Board comprised of the chairs of the City's current commissions where the Board would make an initial determination of complaint sufflciency and if sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact, conclusions and provide a recommendation. Upon receipt of the investigation report, the Board will make a determination and draft a recommendation to the Counci! related to the recommended disposition; and 3. Creation of an Ethics Board appointed by the Mayor and Council. Over the course of the past few months, Mayor's office staf members met with the Arts Commission, Civil Service COnlnliSSiOn, Equity and Diversity Commission, Park Commission, and Planning Commission to share information regarding an ordinance amendment that would create an Ethics Board comprised of the Commission chairs. After detailed discussions, most commission members were supportive of the proposal to establish a Board of Ethics comprised of current Commission members. During the course of the discussion the following questions were raised by several of the commissions: • How often has this Code of Ethics been used in the past • Why is the Council interested in changing the ethics code • Does it have to be the commission chair as the Ethics Board member? Can each commission choose any member, which may provide greater consistency � Who would provide ethics training to the Commission chairs and would training be offered on a regular basis, i.e. annually; • How would conflicts be handled in the case of an ethics issue involving a commissioner; • How would ethics issues regarding employees be handled; and • Is there a conflict of interest if the Ethics Board member is a City employee? After reviewing the three options Committee members rejected orestinganovvCkvBoand.The Committee members also indicated that they would like to further consider the role and duties of the Board of Ethics and asked that options 1 and 2 be revised to apply only to elected officials and add language that the member can be a Commission Chair "or designee" and return to Finance and Safety for further discussion. FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to forward these items, to a Committee of the Whole meeting for discussion and a subsequent Regular Meeting for adoption. ATTACHMENTS Informational Memorandum dated June 18, 2014 with track changes Minutes from the Finance and Safety Committee Meeting of 06/17/14 46 INFORMATIONAL MEMO Page 3 Minutes from the Finance and Safety Committee Meeting of 06/03/14 Minutes from the Finance and Safety Committee Meeting of 11/05/13 Minutes from the Finance and Safety Committee Meeting of 10/22/13 Minutes from the Finance and Safety Committee Meeting of 10/08/13 Ordinances 47 48 City of Tukwila Jim Haggerton, Mayo/ INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator Shelley Kerslake, City Attorney DATE: June 18, 2014 SUBJECT: Creating Tukwila Municipal Code 2.97 — Code of Ethics for Elected Officials and Amending Tukwila Municipal Code 2.95 — Code of Ethics ISSUE Creating a Code of Ethics for Elected Officials that also creates a City Board of Ethics. DISCUSSION After fgrther discussion on „„ne 17„20141the Comrnittee decided to move forward with 0 tQn . 1 jdetailed below vvHch creates 'Tuk‘Mla Munft:jpel Code Chapter 2,97 — Code of Ethics for ed Officials. Cfigp_ter 2.95 Code of Ethics wiii be amended to nc,) kg:Ger...1v to elected officials„ Committee members asked about training for the Board of Ethics members and were informed that the City Attorney's office would proyide traininc to the board members. There was also discussion about providin independent counsel to advise the Board during the process and a request. to determine criteria for howindependent counsel counseiwoukibeassjpjied. BACKGROUND At the Finance and Safety Committee meetings of October 8, October 22 and November 5, 2013, June 3 and June 17 2014 the Committee discussed amenc4rig the City's...Ethics Code, At the June 17,2014 corn " tee meeting three ordinances were reviewed and discussed., Option 1: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation of an Ethics Board comprised of the chair or designee from each of the City's current commissions. Under this model, the Board would 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, conclusions and provide a recommendation. Upon receipt of the investigation report, the Board will determine one of the following: • That a violation of the ethics code did not occur; • That additional information is needed to make a determination and hold a hearing which is limited in scope; or • That a violation of the ethics code did occur. The Board will draft a recommendation to the Council related to the recommended disposition. Option 2: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation comprised of the chair or designee from each of the City's current commissions. Under this model, the Board would 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 report, the Board will forward the findings of fact to the Council. The Council will then determine whether an ethics violation has occurred and render the appropriate penalty, if necessary. 0 dinance 3 amends Chapter 2.95 Code of Ethics o no longer _apply to elected offith 49 INFORMATIONAL MEMO Page 2 At the June 3, 2014 meeting the Committee reviewed and discussed three separate ordinances for consideration: 1. Creation of an Ethics Board comprised of the chairs of the City's current commissions where the Board would make an initial determination of complaint sufficiency and if sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact but will not draw any conclusions. The Board will forward the findings of fact to the Council and the Council will then determine whether an ethics violation has occurred and render the appropriate penalty, if necessary; 2. Creation of an Ethics Board comprised of the chairs of the City's current commissions where the Board would make an initial determination of complaint sufficiency and if sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact, conclusions and provide a recommendation. Upon receipt of the investigation report, the Board will make a determination and draf a recommendation to the Council related to the recommended disposition; and 3. Creation of an Ethics Board appointed by the Mayor and Council. Over the course of the past few months, Mayor's office staff members met with the Arts Connrni33iVn, Civil Service Commission, Equity and Diversity Commission, Park Commission, and Planning Commission to share information regarding an ordinance amendment that would create an Ethics Board comprised of the Commission chairs. After detailed discussions, most commission members were supportive of the proposal to establish a Board of Ethics comprised of current Commission members. During the course of the discussion the following questions were raised by several of the commissions: • How often has this Code of Ethics been used in the past • Why is the Council interested in changing the ethics code • Does it have to be the commission chair as the Ethics Board member? Can each commission choose any nlenlber, which may provide greater consistency w Who would provide ethics training to the Commission chairs and would training be offered on a regular basis, i.e. annually; • How would conflicts be handled in the case of an ethics issue involving a commissioner; • How would ethics issues regarding employees be handled; and • Is there a conflict of interest if the Ethics Board member is a City employee? After reviewing the three options Committee members rejected nreodnganewChvDoa/d.Tha Committee members also indicated that they would like to further consider the role and duties of the Board of Ethics and asked that options 1 and 2 be revised to apply ony to elected officials andadd|anguaggtholthernennbgroanbeaConnnnissionChair^ordeai0neo"andreturnto Finance and Safety for further discussion. FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to forward these items, to a Committee of the Whole meeting for discussion and a subsequent Regular Meeting for adoption. A0TACHKNENTS. Informational Memorandum dated June 18, 2014 with track changes Minutes from the Finance and Safety Committee Meeting of 06/17/14 50 INFORMATIONAL MEMO Page 3 Minutes from the Finance and Safety Committee Meeting of 06/03/14 Minutes from the Finance and Safety Committee Meeting of 11/05/13 Minutes from the Finance and Safety Committee Meeting of 10/22/13 Minutes from the Finance and Safety Committee Meeting of 10/08/13 Ordinances 51 52 Finance & Safety Committee Minutes July 8, 2014 - Page 3 Staff incorporated these changes and the Committee was in favor of forwarding the resolution to the Committee of the Whole with these revisions as well as the previously approved revisions to make -up and size of the selection committee and award amounts. UNANIMOUS APPROVAL. FORWARD TO JULY 14, 2014 COMMITTEE OF THE WHOLE. (Note: this item will be forwarded to the July 28, 2014 Committee of the Whole due to staff availability.) E. Ordinance: Creating Tukwila Municipal Code Chapter 2.97 Code of Ethics Several iterations of a process to address allegations of ethics violations by elected officials have been discussed in Committee since 2013. At its June 3 meeting, the Committee decided to move forward with the creation of an Ethics Board made up of the Chairs or Chair's designee of the City's existing five Commissions. They decided to retain the current Ethics Code (Chapter 2.95) to apply to City employees and appointed officials, and asked to create a new Chapter applicable to elected officials. At its June 19 meeting, the Committee decided that the role of the Ethics Board would be to make an initial determination of sufficiency, and upon receipt of findings of fact by an independent investigator, determine whether or not the violation occurred and then draft a recommendation to the Council. At that meeting, the Committee discussed legal counsel to the Ethics Board and requested that if independent counsel is brought in to serve in this role, that the ordinance reflect specific qualifications for that individual. Staff returned with the following revision to Section H.3: "Throughout the process, the Board may seek legal advice from the City Attorney or independent legal counsel as assigned by the City Attorney. Assigned independent legal counsel shall have a minimum of five years municipal law experience." Committee members agreed with that recommendation and supported moving the proposed ordinances forward with that change and other amendments previously approved. It is expected that the Committee of the Whole will discuss the inclusion of language regarding "appearance of impropriety" and conduct that "might be seen as...adverse to the interests of the City." UNANIMOUS APPROVAL. FORWARD TO JULY 28, 2014 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Councilmember Hougardy noted that she has recently inquired about Councilmember participation in the City's PCard program. Currently, Councilmembers must request reimbursement for expenses or request that the Council Analyst handle all pre- authorizations for travel - related expenses. The other Committee members were supportive of pursuing this and Staff will start reviewing the request. Meeting adjourned at 7:09 p.m. Next meeting: Tuesday, July 22, 2014 - 5:30 p.m. - Hazelnut Conference Room Committee Chair Approval Minutes by LH, Reviewed by DS 53 Finance & Safety Committee Minutes June 17, 2014 - Page 2 • Eligibility of City Employee Relatives: The Committee decided to discuss this again and concluded that they would not like to exclude relatives of City employees or officials. They requested that staff add a procedure to the selection process that would prohibit an employee or official from scoring a candidate with whom they are related. Staff will develop a framework that addresses this request for further Committee consideration. RETURN TO FINANCE AND SAFETY COMMITTEE. C. 2014 1st Quarter Cash and Investment Report Staff reviewed the 1st Quarter Cash and Investment Report for 2014, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment. At March 31, 2014, the portfolio totaled $44.7 million comprised of $37.8 million in cash and cash equivalents and $6.9 in longer term investments. This represents a $1.8 million decrease from the December 31, 2013 balance, attributable to the collection of property taxes in the 2nd and 4th quarters. INFORMATION ONLY. D. 2014 1st Quarter Sales Tax Miscellaneous Revenue Report Staff presented the 2014 1st Quarter Miscellaneous Revenue Report. Information detailed in the staff report includes Sales tax revenues are down by $87,000 below the same period in 2013, and new construction sales tax was $92,000 lower. The City has collected $238,066 in sales tax mitigation as of March 31, 2014. This is 24% of the annual mitigation budget. INFORMATION ONLY. E. Ordinance: Creating Tukwila Municipal Code Chapter 2.97 — Code of Ethics Several iterations of a process to address allegations of ethics violations by elected officials have been discussed in Committee since 2013. At its June 3 meeting, the Committee decided to move forward with the creation of an Ethics Board made up of the Chairs or Chair's designee of the City's existing five Commissions, but they asked to have further review of the role of that board. They decided to retain the current Ethics Code (Chapter 2.95) to apply to City employees and appointed officials, and asked to create a new Chapter applicable to elected officials. Staff returned with two options relating to the role of the Ethics Board. Option 1 (Board decides violation): The Board will make an initial determination of sufficiency, and if sufficient, an independent investigator will provide findings of fact, conclusions, and a recommendation. Upon receipt of this report the Board will determine that a violation did or did not occur, or that more information is needed. The Board will then draft a recommendation to the Council. Option 2 (Council decides violation): The Board will make an initial determination of sufficiency, and if sufficient, an independent investigator will provide findings of fact only. Upon receipt of this report the Board will forward the findings to the Council who will then determine whether or not the violation has occurred and assign an appropriate penalty. Committee members discussed these options and unanimously agreed upon Option 1, in which the Ethics Board makes a determination of violation rather than the Council. The Committee asked questions relating to training and legal counsel for the Board during this process. City Administrator David Cline confirmed that the City Attorney will provide basic training, but if an allegation is made, independent counsel could be brought in to advise the Board during the process. The Committee agreed that there should be clearly stated, strong criteria for the selection of such counsel, but were not certain if this should be included within the ordinance or in a separate administrative procedure. Committee Chair Seal noted that Section 2.97.050(E) might be an appropriate location if the decision is made to include this language in the ordinance. 54 Finance & Safety Committee Minutes June 17, 2014 - Page 3 The Committee decided to discuss this again in Committee rather than forwarding the proposal to Committee of the Whole at this time. Staff will return with City Attorney feedback on the issue of selection criteria for outside counsel to the Ethics Board. The companion ordinance amending the current Chapter 2.95 to exclude elected officials will be considered at this time as well. RETURN TO FINANCE AND SAFETY COMMITTEE. III. MISCELLANEOUS Committee Chair Seal noted that the issue of noxious odors relating to illegal grow operations was referred to Finance and Safety by the Committee of the Whole on June 9. Committee members and staff briefly discussed how this will be addressed. One option is to add a component to the existing Nuisance Code to address this scenario, but there was agreement that this could be a substantial project. Mr. Cline agreed to seek City Attorney advice on the appropriate framework for this issue. The Committee will then review that information and will be better prepared to make a work plan request. Meeting adjourned at 6:37 p.m. Next meeting: Tuesday, July 8, 2014 — 5:30 p.m. — Hazelnut Conference Room ommittee Chair Approval es by LH, Reviewed by VC 55 Finance & Safety Committee Minutes June 3, 2014 - Pape 2 C. Ordinance: Amending Tukwila Municipal Code Chapter 2.95 - Code of Ethics In late 2013 the Finance and Safety Committee discussed several iterations of an ordinance to amend the City's Ethics Code. Most recently, on November 5, 2013, the Committee discussed three options for the creation of a new Ethics Board. The first option establishes a five member Ethics Board made up of the Chairs of the City's existing five Commissions, with adjudication of complaints by the City Council. The second option establishes a 5 member Ethics Board made up of existing Commission Chairs with adjudication of complaints by the Board itself. The third option establishes an Ethics Board made up of three new appointees by the Council and two by the Mayor with adjudication of . complaints by the Board. Following the November 5, 2013 Committee discussion of those three options, the Committee asked staff to meet with each Commission to gather feedback on their potential involvement. In 2014 staff attended meetings of the Arts, Civil Service, Equity and Diversity, Park, and Planning Commissions to share the proposal and receive input. The majority of commission members were supportive but raised numerous questions about implementation. Committee members discussed the options and decided to reject option 3 that would create an Ethics Board composed of entirely new appointees. Ethics disputes have historically been rare in the City and creation of a new Board that would remain largely inactive was deemed impractical. The Committee would like to further discuss the adjudication process and asked that options 1 and 2 return to Finance and Safety at a future date with the following adjustments: • Revise the proposed ordinance(s) to be applicable only to elected officials. The current TMC Chapter 2.95 outlines a process that is still applicable to City employees and appointed volunteers. • Add language indicating the member can be a Commission Chair "or designee." • Retain highlighting of every appearance of the phrases "appearance of conflict of interest or impropriety" or "adverse to the interests of the City" as these will be discussed by the Committee of the Whole. RETURN TO COMMITTEE FOR FURTHER DISCUSSION. III. MISCELLANEOUS Finance Director Peggy McCarthy noted an area of recent confusion regarding reference to "retail sales tax," which can include tax generated from construction, and the existence of Retail as a type of sector. Although this terminology is correct, she will remind Council of the dual meanings in future discussions. Committee members and staff discussed the draft 2015 -2016 City Priorities that were presented at June 2 Regular Meeting. Some Councilmembers expressed an interest in reviewing those again prior to Budget review, and a follow -up meeting has been proposed. Meeting adjourned at 6:53 p.m. Next meeting: Tuesday, June 17, 2014 - 5:30 p.m. - Hazelnut Conference Room Committee Chair Approval Minutes by LH, Reviewed by PM 56 Finance & Safety Committee Minutes November 5, 2013 — Page 2 current system. While exempting properties with 1 -4 units from the RGRL fee will reduce annual revenue by approximately $11,495, the savings in staff time makes this a cost - effective proposal. Additionally, Code Enforcement staff will have more time to focus on health, safety and maintenance components of rental housing. MAJORITY APPROVAL. FORWARD TO NOVEMBER 18 REGULAR MEETING FOR DISCUSSION UNDER NEW BUSINESS. E. Ordinances: 2014 Property Tax Levy Staff is seeking Council approval of two ordinances: one that would increase the City's Regular Property Tax Levy from 2013, and one that would levy General Taxes. These ordinances are presented to the Council on an annual basis. According to the King County Assessor, the projected assessed value for Tukwila is $4,707,092,379. The allowable levy projected by King County is $14,043,979, representing the maximum 1% increase allowed by law. This is subject to change until the final rate is determined by the County. A levy amount of $14,100,000 is proposed in the draft ordinance and may be adjusted based on that determination. Because the County is now aware that the City has a firemen's pension fund, the City's maximum statutory levy rate is $3.325, pursuant to RCW 27.12.390. This is an increase that gives the City additional capacity for future growth or levy lid lifts. Staff distributed a table indicating actual property tax collection for 2011 -2013 and projections for 2014 -2017. Committee members asked that this table be attached to the information memo for Committee of the Whole discussion. A public hearing is scheduled for November 12, 2013. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. F. Budget Legislation 1) Staff is seeking Council approval of a resolution to adopt the 2014 -2019 Financial Planning Model and Capital Improvement Program (CIP). Drafts of these documents were presented to the Council at a workshop on August 28, and the Utilities and Transportation Committees conducted further review in September. Staff reviewed an attachment to the informational memo that lists all of the changes made to the CIP since it was first proposed in August. Committee members asked clarifying questions of items they considered to be large policy questions, including: Fund 104: Bonding of total $5,965,000.00 for the Boeing Access Road over BNRR Bridge Rehabilitation and Interurban Avenue South projects. Committee members and staff agreed that further review of the City's debt policies in general would be valuable, using this as an example. Fund 301/412: Tukwila 205 Levee, Riverton Creek Flap, and Lower Gilliam projects moved from Parks to Surface Water Fund. This will be reviewed further in Committee of the Whole. Additionally, the Utilities Committee has just forwarded to the Committee of the Whole an ordinance amending the definition of Surface Water Management Conveyance Systems to include dikes, levees, and revetments. 2) Staff is seeking Council approval of an ordinance to amend the 2013 Budget. Staff provided an overview of the proposed changes, including new proposals, items over budget, previous Council approvals, revenue backed expenditures, accounting changes, and carryover. A public hearing is scheduled for November 12, 2013. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. G. Ordinance: Ethics Code As follow up to the Committee's requests during the October 22 meeting, City Attorney Shelley Kerslake returned with three options for a proposed Ethics Code applicable to elected and appointed officials and City staff. The first option establishes a 5 member Ethics Board comprised of existing Commission Chairs with adjudication of complaints by the City Council. The second option establishes a 5 member Ethics Board comprised of existing Commission Chairs with adjudication of complaints by the Board itself. The third option establishes an Ethics Board comprised of three new appointees by the Council and two by the Mayor with adjudication of complaints by the Board. The Committee discussed the options, and highlights from that discussion are: 57 Finance & Safety Committee Minutes November 5, 2013 - Page 3 • The Committee asked the City Attorney to insert the phrase "board attorney" throughout but define that to mean City Attorney in the case of complaints against employees and Outside Counsel for complaints against officials. She was also requested to add to the informational memo a summary of fiscal impact which includes a range of costs associated with hiring outside counsel. • The City Attorney clarified that "recommended disposition" means the determination of a violation, not the penalty. • Committee members remain divided on the inclusion of the terms "appearance of impropriety" and "adverse to the interests of the City," and will debate that further in Committee of the Whole. • Training will be provided to members in either board makeup option. This training could occur annually, with a refresher offered when a complaint is made. The Committee agreed to recommend an Ethics Board comprised of existing Commission Chairs with adjudication by the Board as long as there is a strong training component. This recommendation will be dependent on majority approval by members of the five Commissions, and to that end the Committee asked the City Administrator or his designee to present the proposal at forthcoming meetings of those Commissions. If majority approval is not obtained, than the option to create a unique Ethics Board will again be reviewed by the Finance and Safety Committee. III. MISCELLANEOUS Meeting adjourned at 7:16 p.m. Next meeting: Tuesday, November 19, 2013 - 5:30 p.m. - Conference Room #3 58 Committee Chair Approval Finance & Safety Committee Minutes October 22, 2013 — Page 2 D. Permit User Fee for Technology Investments Staff is seeking Council direction on the adoption of a new technology fee on building, public works and land use permits. Revenues from the fee would offset the total $356,460 cost of the new "Trakit" permit processing system as well as potentially fund the cost of preserving and providing electronic access to current and historical permit records. A combination of technology fee revenue and funds from the microfilming/digitizing budget would enable the Digital Records Coordinator position in the Office of the City Clerk (currently at 3/4 time) to become full time in 2014. Trakit integrates with the City's digital records repository through Laserfiche, providing web -based accessibility of finalized permit records to the public, and would result in less staff time spent on processing public records requests. A survey of other local jurisdictions indicates that many cities are applying a technology fee, and it is either a flat fee, fee per sheet, or percentage of the permit fee ranging from 1.3 to 5 %. Materials in the Committee packet provide estimated revenues from technology fees at varying percentage levels for the past several years as well as for an average permit revenue of 1.3 million dollars. For example, a technology fee set at 5% is estimated to bring in $65,000 annually. Staff recommends that Council consider imposing the technology fee at the 5% level. Provided for the Committee's review is a draft resolution that would impose a technology fee at the recommended 5% level, eliminate hourly fees imposed on complex permits, and finally, consolidate various but related fees into one schedule. There is a companion draft ordinance that would remove permit fees from Tukwila Municipal Code 16.04, Buildings and Construction, in accordance with this consolidation. The Community Affairs and Parks Committee also received a briefing on this proposal at its October 14 meeting, and in response to questions that arose then, the memo was updated to include information about the level of service provided by the comparison cities in Attachment A. None of the surveyed cities offer online accessibility to finalized permit records as Tukwila would under the 5% fee proposal. The revised Attachment A also includes a column indicating whether the comparison city imposes a B &O tax. A new table was added that shows a 10 year payback period for Trakit and the remaining available funds at different fee levels for digital records and technology replacement. After discussion and clarification of questions, Committee members were supportive of the fee at the 5% level. Decision - making regarding the level of funding for records management will be part of the 2014 budget review if the fee is approved by Council. FORWARD TO OCTOBER 28 COMMITTEE OF THE WHOLE. E. Ordinance — Interfering with Traffic Staff is seeking Council approval of an ordinance that would establish new regulations relating to interfering with traffic to be codified as Chapter 9.21 in the Tukwila Municipal Code. Conduct by pedestrians interfering with traffic in City rights -of -way not only causes congestion but is a public safety concern. This proposal would replace the current ordinance prohibiting certain types of solicitation, which does not address traffic interference by all types of pedestrians. The proposed ordinance would prohibit traffic interference in a public right -of -way and establish penalties for violation. In practice, officers who observed such activity would give the violator a written warning before issuing the infraction. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 28 COMMITTEE OF THE WHOLE. F. Ordinance — Ethics Code As follow up to the Committee's requests from the October 8 meeting, City Attorney Shelley Kerslake returned with a proposed ordinance that establishes a single ethics code for elected officials, appointed officials, and City employees. The proposal establishes an appointed Ethics Board which would receive complaints of ethics violations and make an initial determination of sufficiency. Following an investigation by an independent investigator, Council would make the final determination based upon the facts. The revised proposal also includes a new section regarding penalty options for elected officials. 59 Finance & Safety Committee Minutes October 22, 2013 — Page 3 60 The City Attorney stated that the Administration's current recommendation is to establish an appointed Ethics Board that would make the initial determination of sufficiency and then continue its role as adjudicator for the entire complaint. If a violation is determined it would then go the Council for the penalty phase. The Board would also have a dual role of issuing advisory opinions which would be a benefit for City officials and employees. Committee Chair Robertson mentioned his ongoing concern about language relating to "appearance of impropriety" and "adverse to the interests of the City." He requested that every instance where that language appears be underlined for Committee of the Whole discussion. Councilmember Quinn added that he would like to see a stringent qualifications component relating to the appointment of board members. Committee Chair Robertson then brought forth a suggestion that, instead of establishing a new board, the standing chairs of existing boards and commissions (e.g. Planning Commission) receive appropriate training and form an ad hoc ethics committee when an incident arises. If an individual did not wish to participate the next senior member would be approached. By virtue of their existing appointment these individuals would already have experience in City operations as well as the ethics code. The Committee was not unanimous on this proposal but requested it be prepared for further discussion. After further discussion, the Committee requested the following be prepared and presented at another Finance and Safety meeting prior to advancing to the Committee of the Whole: • Option proposing an appointed Ethics Board with a makeup of five members, two to be appointed by the Mayor and three by the Council. The proposal will include rigorous standards of qualification. This option would have the investigator's findings of fact return to the Board for adjudication because of those rigorous standards. • Option proposing an Ethics Board comprised of current chairs of existing City boards /commissions, then adjudication by the Council after an investigator produces findings of fact. • Option proposing an Ethics Board comprised of current chairs of existing boards /commissions, then adjudication by the ad hoc Ethics Board after an investigator produces findings of fact. • Addition of definitions that may include examples of "appearance of impropriety" and "adverse to the interests of the City." • Cover memos explaining each option. • In Section 6, TMC 2.95.040 (D), change "the City Attorney's Office" to "outside counsel" in the last sentence. • In Section 7, TMC 2.95.045 (A), add the Mayor, Councilmember, and City Clerk to the list of those receiving a copy of a complaint. • In Section 7, TMC 2.95.045 (K), reinstate "elected official" in the last sentence. DISCUSSION ONLY. RETURN TO FINANCE AND SAFETY COMMITTEE. G. Police Department 2013 3rd Quarter Report Assistant Chief Linton shared a presentation that updated the Committee on items of significance that occurred in the Police Department during the third quarter. The information included highlights, crime statistics and crime reduction strategies. He also distributed a staffing updates chart, Seattle Times blog post relating to the guilty pleas by the owners of the Travelers Choice and Great Bear motels, and a map of residential burglary case reports. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 7:15 p.m. Next meeting: Tuesday, November 5, 2013 — 5:30 p.m. — Conference Room #3 Committee Chair Approval Minutes b 1-1, Item F reviewed by SK x-,'��� ~�`,'I `7 ��l^ �T � ���0C/�� -/ � . Finance and Safety Committee FINANCE AND SAFETY COMM!TTEE Meeting Minutes October 8(J0/3 -5:JVp.m.' Cot ,reneeBommA9 PRESENT CouociLnoemhcm: Dennis Robertson, Chair; De'Seaii Quinn and Verna Seal Staff: Stephanie Brown, Kim Gilrnao, Peggy McCarthy, Vicky Cuduco.Jennifer .orrcr'Suniabzco, Shelly Kerslake, Kimberly Ma1 j, Laurel Humphrey CALL TO ORDER: CommiUce Chair Roberison called the mecting to order a15:30pm. 1. PRESENTATIONS No presentations. UK' BUSINESS AGENDA Consensus existed to take up items D and E as the first and second order of business. respectively. A. Resolution — Cance]lation and Reporting o1T2013 Unclaimed Property Staff io seeking Council approval n[ the annual resolution tha would dcclare the cancellation ofabandoned or unclaimed property that is owed to individuals or business owners in time for reporting to the Washington State Department u[Revenue Unclaimed Property Section by Novernber l. 2013. This year's report includes the cancellation of outstanding General Fund claims and payroll checks in the total amount of S1,933.16. The City has performed due diligence in notifying the property o*ocrs, and checks were issued to those who were successfully contacted through that effort. UNANIMOUS APPROVAL. FORWARD TO OCTOBER %l REGULAR CONBEN'r AGENDA. B. Ordinance-Amending Ordinance No. 2408 relating to the Final Assessment Roll for LID No. 33 Staff is seeking Council approval of an ordinance that would amend Ordinance No. 2408 by replacing its Exhibit B, the final assessment roll for K]ickitat Local Improvement District No. 33. After the passage of Ordinance No. 2408. it was discovered that eight parcels on the assessment roll contained outdated ownership dnla, and a corrected Final Assessment Roll must be adopted via a new ordinance. The corrected Final Assessrnent Roll also contains an annotation relating to an exemption forUzc King County Housing Authority on iwo parcels. The excmption was discovered after the assessrnent process had begun and it was determined that it would not be cost effective to start over. UNANIMOUS APP&KOVAL, FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA' C. T*oOrdimznczn — Ethics Code for Elected Officials and for Employees and Appointed Officials Committee Chair Robertson provided an overview of a proposal to revise the Code of Ethics by adding a new chapter covering elected officials to include both the Council and the Mayor. /\ companion ordinance would amend the existing Cod* to remove thc reference to elected officials, making it applicable only to City employees and appointed officials. This review and proposed revision to the Code was requested by the Council at its 2013 retreat, based upon uovicv uf ethics policies for officials in othcr local municipal, county and statc governrncnts. Thc proposal rcrnovcs language prohibiting "appearance of impropriety" uo well as activity that might be seen as adverse to the interests of the City," on the grounds that those are concepts difficult to define and enforce and are not widely uscd in thc comparison jurisdictions. Another impetus for the proposal is that all of the jurisdictions reviewed have a process under which investigations and decisions of complaints against elected officials are either performed by an onobudnnnuo, appointed citizen board or the Cmuucil, and none have a proccss under which the Mayor performs the review or makes the final determination. Finance & Safety Committee Minutes October 8,2O/J— Page 2 62 The investigation process outlined by the proposed ordinance begins *kb initial complaints first going W the Council PrexidoU, who would review the validity of the complaint along with two other Councilmembers of his or her choosing. (lithe complaint is against the Council President, it would then go to the next most senior Councilmember.) lithe initial review determines that the complaint is valid, it will next go to an investigator retained by the Council, who will investigate and provide results to the Council President for action. The Council President and two Councilznzmhcrs will prepare a written recommendation that is then discussed and decided by the entire Council with the exclusion of the complained about official. Committee members, staff, and the City Attorney discussed this proposal at length. Committee Chair Robertson proposed a further suggestion to add the City Attorney to the group of Counc l President and two CnuocJzocmbors undertaking the preliminary rcviov, of the complaint validity. The City Attorney stated that the Mayor's Office recommends that the Mayor should remain in the existing Code Chapter 2.95 to have the same process as City employees and appointed officials in keeping with Tukwila's separation ofpowers structure, [bunoibnonzbor Quinn proposed that the Committee consider uuappointed Ethics Board model, citing |bo Cit of Federal Way's Code of Ethics as a faorab1e example, exaniplc Undcr this proposal. he would like to sce the Council, Mayor and employees have the same review process, and the Council would not be involved in the preliminary determination of complaint or in an investigatory role. Couucilnucrobczo and staff discussed the ethics board model as well as the language regarding "appearance of impropriety" and "interests appearing adverse to the Ciiy." The City Attorney provided several real-world examples when those principles were legally applicable. U|doua\cly. ConncOoocmbcra Quinn and Seal stated they would like 10 retain that language applying to elected officials, employees, and appointed officials. [nuncilcoccuhcz Robertson remained opposed. Committee members agreed in concept on a process of a preliminary revie of validity by an appointed ethics board, an investigation of facts by an independent attorncy, and a determination madc by the Council, Thc Committee requested this issue ntun to thc October 22 meeting, and requested the City Attorney prepare a proposal for a code that would apply to the Council and employees and incorporate an ethics board component. In addition, they requested to see options regarding the position of Mayor in[hcprocesa. DISCUSSION ONLY. RETLJRN TO COMMITTEE ON OCTOBER %%,%0I3' D. Resolution—Council Benefits Staff is seeking Council approval of a resolution that would update health insurance benefits for Counci|zocmheo. Since 2001. CnuocHmcmheo have received a benefit in which they can receive reimbursement for eligible medical expenses up to $3.400 per year. However, due to the Patient Protection and Affordable Care Act (PPACA) of 2007, this expense reimbursement option is considered a stand-alone health plan and therefore prohibited after January 1, 2014. The Council previously had the option to cnroll in the City's Self-Insured Medical/Dental plan, but with the changes due to the y9/\CA, continuing this enrollment option is now the only medical benefit available to Couuci|000nohcrn. Enrollment in the plan would be available this December for coverage beginning January 1. The City plan would be secondary for Couuciknozubc,s receiving insurance through their wncknlucc, and primary for those on a Medicare plan. The premium of S509,94 for an individual Councilmember per month would be paid by the City as it is for employecs. In response 10 Committce member questions, the resolution will be presented at the October 22 Commiuee meeting with inforrnation regardi a Group Health option and clarification on the tier of coverage for those who already have primary and secondary insurance. In addidnu, staff is planning to add a recital to thc resolution that explains the irnpetus for thc change. Education on the change 10 Council benefits will be provided in Councilmembers on an individual or group basis as appropriate. DISCUSSION ON|LY, RETURN TO COMMITTEE ON OCTOBER 22, 2013. AFT ELECTED OFFICIALS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR ELECTED OFFICIALS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.97; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila wishes to provide uniform guidance to elected officials on ethical issues; and WHEREAS, State law prohibits certain conduct of City elected officials while serving the City; and WHEREAS, the City desires to provide for uniform investigation and adjudication of ethics complaints; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Code of Ethics Established. A Code of Ethics for Elected Officials, to be codified as Tukwila Municipal Code (TMC) Chapter 2.97, "Code of Ethics for Elected Officials," is hereby established to read as follows: CHAPTER 2.97 CODE OF ETHICS FOR ELECTED OFFICIALS Sections: 2.97.010 Purpose 2.97.020 Definitions 2.97.030 Prohibited Conduct 2.97.040 Board of Ethics 2.97.050 Complaint Process 2.97.060 Penalties for Noncompliance 2.97.070 Where to Seek Review W: Word Processing\Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs Page 1 of 10 63 Section Z TMC Section 2.97.010 is hereby established to read as follows: 2.97.010 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 Elected Officials. Elected Officials shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; avoid any improprieties or material misrepresentations regarding their roles or authority as public servants, including the appearance of impropriety as defined herein; and never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.97 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 2.97, Elected Officials should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington state law, RCW Chapter 42.23. Section 3. TMC Section 2.97.020 is hereby established to read as follows: 2.97.020 Definitions As used in TMC Chapter 2.97, 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. 3. "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. 4. "Elected Official" means every individual elected to an office or position with the City. 5. "Compensation" means payment in any form for real or personal property or services of any kind. W: Word Processing \Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs 64 Page 2 of 10 6. "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 expenses, including travel, entertainment, meal, and refreshment expenses incurred in connection with appearances, ceremonies, and occasions reasonably related to official City business, or where otherwise permitted by law. 7. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his/her designee. 8. "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 (e.g., within three degrees of relationship by blood or marriage). 9. "Person"means any individual, corporation, business or other entity, however constituted, organized or designated. Section 4. TMC Section 2.97.030 is hereby established to read as follows: 2.97.030 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 Elected Official 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 2.97.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No Elected Official shall participate in his/her capacity as an Elected Official 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. Provided, however, that this prohibition shall not apply where the Elected Official 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 official(s) having the remote interest. For purposes of this TMC Chapter 2.97, 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; W: Word Processing\Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs Page 3 of 10 65 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 Elected Official 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 Elected Official 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. 4. Representation of Private Person at City Proceeding Prohibited. No Elected Official 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 an Elected Official in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. 5. Certain Private Employment Prohibited. No Elected Official 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. 6. Beneficial Interest in Legislation Prohibited. No Elected Official, 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 any 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 Elected Official 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, however, 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. 8. Improper Use of Position Prohibited. No Elected Official 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 profits of any other persons. 9. Improper Use of City Personnel Prohibited. No Elected Official shall employ or use any person under the Elected Official's official control or direction for the personal benefit, gain or profit of the Elected Official or another. This section does not apply to off-duty employment relationships, which are mutually negotiated. W: Word Processing \Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:* 66 Page 4 of 10 10. Improper Use of City Property Prohibited. No Elected Official shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Such use is restricted to those services which 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 or Council; provided, however, that the use of a City vehicle by an Elected Official 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 2.97 or any other provision of the Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No Elected Official 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 Elected Official's services with the City of Tukwila; provided, however, that this prohibition shall not apply to: a. Attendance by an Elected Official 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 Elected Official as a City representative is appropriate; b. An award publicly presented in recognition of public service; or c. Any gift valued at $100.00 or less, which gift cannot reasonably be presumed to influence the vote, action or judgment of the Elected Official, or be considered as part of a reward for action or inaction. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former Elected Official shall disclose or use any privileged, confidential or proprietary information gained because of his/her City position. b. Participation in City Matters Prohibited. No former Elected Official shall, during the period of one year after leaving City office: (1) Assist any person in matters involving the City if, while in the course of duty with the City, the former Elected Official was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; or (2) Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which he/she assisted the City in determining the project or work to be done, or the process to be used. Section 5. TMC Section 2.97.040 is hereby established to read as follows: W: Word Processing \Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs Page 5 of 10 67 2.97.040 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 officials and provide advisory opinions for Elected Officials, when requested. B. The Board of Ethics shall be composed of five members and shall be comprised of the-0-iairsone member frorn each of the City's five standing Commissions: 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 01-9St--Selliar-MeMber-Of-the Commission shalkbe-sel-eotecl select a member to serve on the Board. 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 the Clly Attornenr assjgned induendent legal oi.itsicie-counsel. E. The powers of the Ethics Board include rendering sufficiency determinations as described in TMC Section 2.97.050, adjudicating ethics complaints against Elected 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. 2.97.050 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. 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 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. W: Word Processing\Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs 68 Page 6 of 10 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 shall promptly designate an individual to conduct an investigation of the complaint and shall forward a confidential memorandum to all Councilmembers informing them that a complaint has been made. F. 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, unless an extension is granted in writing by the City Attorney. A copy of the written investigation findings and conclusions shall be provided to the City Attorney. G. Within 5 business days of receipt of the investigator's written findings and conclusions, the City Attorney shall forward a copy of the investigation to the Chair of the Ethics Board. 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. H. Within 10 business days of receipt of the investigator's report, the Board of Ethics 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: 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. Throu hout the rocess the Board may seek legal advice from the City Attorney or independent legal counsel as assigned by the City W: Word Processing\Ordinances \Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs Page 7 of 10 69 Attorney, ssjghed indwendent kclaH counse shall have a minimur of ivE, seayg. m Vaw everience 4. After the Board has made its final determination under TMC Section 2.97.050, subsection H, (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 Official the penalties set forth in TMC Section 2.97.060. 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. I. The written findings of fact, conclusions and recommended disposition shall be placed on the next regularly scheduled Council meeting agenda for discussion and disposition pursuant to TMC Section 2.97.060, by majority vote of the Council. 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 city Attorney or assigned independent eut-wieqzgaf counsel. K. The party complained against may, within 10 business days following the date of a recommended disposition that finds a violation of this Code of Ethics, request 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. L. Within 30 days after the conclusion of 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. A copy of the Hearing Examiner's findings, conclusions and order shall also be provided to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. 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. Section 6. TMC Section 2.97.060 is hereby established to read as follows: 2.97.060 Penalties for Noncompliance Any Elected Official found, by a preponderance of the evidence, to have violated any provision of this Code of Ethics may be subject to one or more of the following penalties by majority vote of the Council: W: Word Processing\Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs 70 Page 8 of 10 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 civil penalty of up to $1,000.00, where it is determined disciplinary measures are not appropriate under the circumstances. 4. Exclusion from bidding on City contracts for a period of up to 5 years. 5. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, but only if such contract(s) provide for termination in the event of a Code of Ethics violation. 6. Admonition. An admonition shall be a verbal statement approved by the City Council and made to the Elected Official by the Council President, or if the complaint is against the Council President, then by the next most senior Councilmember. An admonition under this section is not subject to further review or appeal except as may be otherwise provided by law. 7. Reprimand. A reprimand shall be administered to the Elected Official by a resolution of reprimand by the City Council. A reprimand under this section is not subject to further review or appeal, except as may be otherwise provided by law. 8. 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 findings of fact 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. Section 7. TMC Section 2.97.070 is hereby established to read as follows: 2.97.070 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this chapter, the affected Elected Official 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 chapter, the affected Elected Official may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. W: Word Processing\Ordinances \Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs Page 9 of 10 71 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. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the Elected Official excluded may seek whatever remedies exist at law or in equity. E. 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 8. 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 9. 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 10. 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 , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney im Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Code of Ethics-Elected Officials strike-thru 7-1-14 CT:bjs 72 Page 10 of 10 EMPLOYEES AND APPOINTED OFFICIALS FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2127 AND 2068, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS," TO CHANGE THE TITLE TO "CODE OF ETHICS FOR EMPLOYEES AND APPOINTED OFFICIALS" AND TO REMOVE ELECTED OFFICIALS FROM THE ETHICS PROCESS USED FOR EMPLOYEES AND APPOINTED OFFICIALS; 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 has established a separate chapter of the Tukwila Municipal Code relating to a Code of Ethics for Elected Officials, thereby requiring amendments to the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Title of Tukwila Municipal Code (TMC) Chapter 2.95 Amended. Ordinance Nos. 2127 and 2068, as codified at TMC Chapter 2.95, "Code of Ethics," are hereby amended to change the title of TMC Chapter 2.95 to "Code of Ethics for Employees and Appointed Officials." Section 2. TMC Section 2.95.010 Amended. Ordinance Nos. 2127 §1 and 2068 §1 (part), as codified at TMC Section 2.95.010, "Purpose," are hereby amended 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 appointed officials, whether cicctcd, appointed er— 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 W: Word Processing \Ordinances \Code of Ethics- Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 1 of 9 73 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 3. TMC Section 2.95.020 Amended. Ordinance No. 2068 §1 (part), as codified at TMC Section 2.95.020, "Definitions," is hereby amended to read as follows: 2.95.020 Definitions As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1. "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self - employed individual, consultant, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. 2. "City officer or employee "means every individual - elected, appointed, hired, or otherwise selected to an office or position with the City, or any subdivision thereof, whether such individual is paid or unpaid. 3. "Compensation" means payment in any form, for real or personal property or services of any kind. 4. "Gift" means a voluntary transfer of real or personal property of any kind, or the voluntary rendition of services of any kind, without consideration of equal or greater value, but not including any reasonable hosting, including travel - expenses, entertainment, meals, or refreshments expenses incurred furnished in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. 5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his /her designee. 6. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within three generations by blood or marriage of the person or the person's spouse; ie.g., within three degrees of relationship by blood or marriagel. 7. "Person" means any individual or corporation, business or other entity, however constituted, organized or designated. Section 4. TMC Section 2.95.030 Amended. Ordinance Nos. 2127 §2 and 2068 §1 (part), as codified at TMC Section 2.95.030, "Prohibited Conduct," are hereby amended to read as follows: W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs 74 Page 2 of 9 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in TMC Section 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his /her capacity as a City officer or employee in the making of a contract in which she /he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except, that this prohibition shall not apply where the City officer or employee has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a "remote interest" means: a. That of a non - salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; c. That of a landlord or tenant of a contracting party; or d. That of a holder of Tess 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 W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 3 of 9 75 Act, including the right to appear and /or testify in a legal proceeding on behalf of a labor organization representing employees or seeking to represent employees of the City. 5. Certain Private Employment Prohibited. No City officer or employee shall engage in or accept private employment from —or render services for —any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. This provision shall not interfere with an employee's right to engage in off duty employment that is authorized pursuant to a collective bargaining agreement and /or Tukwila Police Department General Orders. 6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or participate in discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council or similar records of the City, prior to consideration of the legislation by the City Council. 7. Disclosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his /her official position, for a purpose which is other than a City purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public upon request. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right of a labor organization to utilize and disclose properly obtained information that the City deems confidential, privileged, or proprietary. 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his /her office or position to secure personal benefit, gain or profit, or use his /her position to secure special privileges or exceptions for him /herself, or for the benefit, gain or profit of any other persons. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to negotiate agreements that address the wages, hours, and working conditions of employees of the City. 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 W: Word Processing \Ordinances \Code of Ethics- Employees and Appointed strike -thru 7 -1 -14 CT:bjs 76 Page 4 of 9 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. 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. W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 5 of 9 77 d. Exceptions. The prohibitions of TMC Section 2.95.030, paragraphs 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 5. TMC Section 2.95.040 Amended. Ordinance Nos. 2127 §3 and 2068 §1 (part), as codified at TMC Section 2.95.040, "Complaint Process," are hereby amended to read as follows: 2.95.040 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. 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. The Mayor shall promptly designate an individual to conduct an investigation of the complaint. writing, to the City Attorney, who shall designate an individual to conduct an investigation. member, the City Attorney shall forward a confidential memorandum to all councilmembers informing them that a complaint has been made. ED. 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 received by the Mayor or City Attorney, unless an extension is granted in writing by the Mayor_ or the City Attorney, as appropriate. A copy of the written investigation findings and conclusions shall be provided to the Mayor. or City Attorney, as appropriate. FE. Within 5 business days of receipt of the investigator's written findings and conclusions, the Mayor or City Attorney, as appropriate, shall prepare a written recommended disposition of the complaint. Copies of the recommended disposition and the 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 recommended disposition shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the recommended disposition. The recommended disposition shall not be implemented until the time for requesting a formal hearing, pursuant to TMC Section 2.95.040(14G), has lapsed and no such hearing has been requested. W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs 78 Page 6 of 9 GF. When the complaint is against an elected official or appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.040(E), as well as the recommended disposition, shall be placed on the next regularly scheduled Council meeting agenda, for informational purposes only. I4G. 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 -wr-i -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. IH. 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 6. TMC Section 2.95.050 Amended. Ordinance Nos. 2127 §4 and 2068 §1 (part), as codified at TMC Section 2.95.050, "Penalties for Noncompliance," are hereby amended to read as follows: 2.95.050 Penalties for Noncompliance A. Any person, other than an employee covered by a collective bargaining agreement found by a preponderance of the evidence to have violated any provision of this Code of Ethics; may be subject toany combination one or more of the following penalties: 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 by the Mayor_, 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 employees in the Classified City Service; 5. Exclusion from bidding on City contracts for a period of up to 5 years; and /or W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 7 of 9 79 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. Section 7. TMC Section 2.95.060 Amended. Ordinance No. 2068 §1 (part), as codified at TMC Section 2.95.060, 'Where to Seek Review," is hereby amended 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 Attomey, 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. W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs 80 Page 8 of 9 Section 8. 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 9. 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 10. 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 , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 9 of 9 81 82 COUNCIL AGENDA SYNOPSIS Ale(liny Dei/ Pmparedig , ,20/.:c Ivpiew Gmmyl mpiew 07/28/14 ii I ion 07/28/14 t Ilg 08/04/14 CT M(I Mre, Odie Ile -lniard Pub/t, 1 leant? Altg, Oak Other .(1N Dore II Ala}or !IR 1)C1) /f//a/1c e 1 IT Pea * Pob‘c — PW City Scholarship Annual Report ;-, Aim \R' 1(1,\ 1 1 \ \ I 0 1 cow mtg CAM) Cmlc l'&S Cmte Transportation Out(' _ Uulo.R.-; Calk' Art,, Comm. Parks Comm. Planning Comm )A11: 6/3/14, 6/17/14 & 7/8/14 CoNIMI1'1E1: (i IA1R: SEAL RECOMMENDATIONS: S1 )N( ,R/A1)\11N. CUMIN.] ITEM INFORMATION ITEM No. 4.D. 83 S 1 \ I 1, SP( )N( )1t: JOYCE TRANTINA ORICIINAI A( l NI) \ 1)\ 1 V 7/28/2014 A c , 1 NI ) ■ 1 1 \I 11111 Tukwila City of Opportunity Scholarship Annual Report C\ 1 1 ( ;(. 1RY )114 ,111;. Data SP( )N( )It (,oulh ii I ion 07/28/14 t Ilg Mohan Dale Re ■olutron A )414, 08/04/14 ()nlinane A llg Dale M(I Mre, Odie Ile -lniard Pub/t, 1 leant? Altg, Oak Other .(1N Dore II Ala}or !IR 1)C1) /f//a/1c e 1 IT Pea * Pob‘c — PW City Scholarship Annual Report ;-, Aim \R' 1(1,\ 1 1 \ \ I 0 1 cow mtg CAM) Cmlc l'&S Cmte Transportation Out(' _ Uulo.R.-; Calk' Art,, Comm. Parks Comm. Planning Comm )A11: 6/3/14, 6/17/14 & 7/8/14 CoNIMI1'1E1: (i IA1R: SEAL RECOMMENDATIONS: S1 )N( ,R/A1)\11N. CUMIN.] Mayor's Office I I, Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE F \i'l NI )111 Itl RI QUIRI 1) AMOUN I BUDGI El D APPROPR1A I [ON RF,Q111R1,1) $10,000.00 $10,000.00 Fund Source: GENERAL FUND ( '0mi1writs MTG. DATE 07/28/14 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 07/28/14 Informational Memorandum dated 6/18/14 Resolution in Draft Form Minutes from the Finance & Safety Committee meeting of 07/08/14 Minutes from the Finance & Safety Committee meeting of 06/17/14 Minutes from the Finance & Safety Committee meeting of 06/03/14 08/04/14 83 84 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator DATE: June 18, 2014 SUBJECT: Tukwila City of Opportunity Scholarship ANNUAL REPORT The City received seven applications for the City of Opportunity Scholarship: one application from Aviation High School in the Highline School District and six applications from Foster High School in the Tukwila School District. All applications were forwarded to the selection committee members for review. There was $4,000 available for scholarship awards and two $2,000 scholarships were awarded. ISSUE After going through the scholarship process in 2014 Administration is recommending revisions to the program to include: • Demonstration ofiDetiping Substantial Financial Need; • Make-up and Size of the Selection Committee; • Award Amounts; and • Eligibility of Immediate Family Members of City Employees and Elected Officials. DISCUSSION Demonstration oI f1 Substantial Financial Need: The resolution that adopted the City of Opportunity Scholarship indicated that financial need would be demonstrated by the information provided on the FAFSA Student Aid Report. Unfortunately, the Student Aid Report only provides the amount of Expected Family Contribution but does not provide annual family income or the financial information provided in completion of the FAFSA form used to determine need. Eligibility for the Washington State Need Grant is determined by the using the State Median Family Income chart and to be eligible a student's family income cannot exceed 70 percent of the State's median income. Administration recommended that the scholarship application be modified to include a financial section that re uestsprov" 'it. the annual family income for the previous year and that eligibility is based on a family income that does not exceed 70 percent of the State's median income. After. further discussion committee members would like financial need to continue to be based on the FAFSA Student Aid Flp_port and would like the schoarshi, application to be amended to request that the applicant provide Qjttn staternen hat describes his or her need for financial assistance. Members of the Selection Committee: It is recommended that we modify the make-up of the selection committee to include the Mayor and/or his designee, the Council President and/or a City Council Representative, up to two appointed City employees and School District representative(s). The number of members on the selection committee will not exceed seven people in any given year. Award Amounts: It is recommended that the amount of the annual scholarship fund be increased from $4,000 to $10,000 with the minimum award amount being $1,000 and the 85 INFORMATIONAL MEMO Page 2 maximum award amount being S5,000. This will allow the potential for additional recipients and more substantial scholarship awards. Eligibility of Immediate Family Members of City Employees and Elected Officials: It is a common practice for organizations that issue monetary awards to exclude employees and other individuals who are affiliated with the organization, as well as their family members, from eligibility to avoid a potential conflict of interest or the appearance of impropriety. After consulting with the City Attorney's office it is recommended that we adopt this exclusion. In the alternative, the Council can opt to allow immediate family members of City employees and elected officials, which meet akothereiiqibility requirements to amol:ty for the scholarshipz-T ese -a-re-beif4gEferwar r-eer4sideration, After further discussion committee me bers have ()Died to allow immediate fa.mily members of City ei loyees and elected officials, which meet...ail other eli, ibilit re uirements to appiy_for the scholarship, with the undesta.nding that if a . ,lative of a member of the Selection Committee submits an application the committee mernberyvi ecuse themselves frorn the ratftjand evauaflonofthap2Ucation. FINANCIAL IMPACT Increasing the amount of the scholarship fund from $4,000 to $10,000 will mean an additional $6,000 per year from the general fund. RECOMMENDATION The Council is being asked to approve a resolution amending the Tukwila City of Opportunity Scholarship requirements at the July 28, 2014 Committee of the Whole meeting and the subsequent August 4, 2014 Regular Meeting. ATTACHMENTS Draft Resolution Finance & Safety Committee Minutes from July 8, 2014 Finance & Safety Committee Minutes from June 17, 2014 Finance & Safety Committee Minutes from June 3, 2014 86 RAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE "TUKWILA, CITY OF OPPORTUNITY SCHOLARSHIP" PROGRAM TO INCREASE THE FUNDING LEVEL AND REFINE PROCEDURES; AND REPEALING RESOLUTION NO. 1817. WHEREAS, the City of Tukwila has a scholarship program for high school students living in Tukwila; and WHEREAS, the purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school; and WHEREAS, the scholarship grant shall be known and cited as the "Tukwila, City of Opportunity Scholarship;" and WHEREAS, following the initial implementation and awarding of scholarship funds, the City wishes to increase the funding level for the program and refine procedures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school. Section 2. Scholarship Eligibility Requirements. Recipients of the scholarship program shall meet the following qualifications: • Must be a resident of the City of Tukwila. Proof of residency is required at the time of application. • Must be equivalent to a senior in high school. • Must demonstrate a substantial financial need as indicated on the FAFSA Student Aid Report. Substantial financial need is defined as a household income •� • 1,1-e _. • ••• W: \Word Processing \Resolutions \City scholarship program amended strike -thru 7 -21 -14 CT:bjs Page 1 of 3 87 • Must have applied to an undergraduate program at a community college, trade school or university. • Must demonstrate leadership qualities as evidenced by involvement in extra- curricular activities. • Must have a cumulative grade point average (GPA) of 2.75 or higher. • Must have completed a minimum of 15 hours of community service. official of the City of Tukwila. For purposes of the scholarship program, marriage. Section 3. Funding. A sum of $4,90010,000 per calendar year shall be appropriated and reflected in the City of Tukwila budget. Scholarships will be awarded in increments of not less than $1,000 nor greater than $48005,000. Section 4. Scholarship Selection Committee. A Scholarship Selection Committee shall be created and shall include the Mayor and /or his or her designee, the City Council President and /or a City Council representative, and up to two City staff appointees and a- School District desiffneerepresentative(s) who can fairly evaluate the level of academic and extracurricular activities represented in the scholarship applications. If a relative of a member of the Selection Committee submits an application, the committee member shall recuse him /herself from the rating and evaluation of that application. Section 5. Roles and Authority for the Scholarship Fund. A. City staff shall administer the scholarship fund as directed by this resolution, and it shall be known and cited as the "Tukwila, City of Opportunity Scholarship." B. The Scholarship Selection Committee shall review the program annually and submit a report to Council that summarizes by school district: the applications, available funds, the scholarships awarded, the number of applications that did not result in scholarships, and any recommendations for revisions to the program. C. The Council shall receive the report and request revisions to the program as needed. Section 6. Application Review Process. The deadline for applications to be submitted is March 31 of each year. All applications will be reviewed by City staff to determine that the eligibility requirements have been met. All applications that meet the eligibility requirements will be reviewed by the Scholarship Selection Committee, which will present a recommendation to the City Council for approval of up to four scholarship awards. Scholarship recipients will be notified by April 30 each year. W: \Word Processing \Resolutions \City scholarship program amended strike -thru 7 -21 -14 CT:bjs 88 Page 2 of 3 Section 7. Repealer. Resolution No. 1817 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the. City Clerk: Passed by the City Council: Resolution Number: Rachel Turpin, Assistant City Attorney W: \Word Processing \Resolutions \City scholarship program amended strike -thru 7 -21 -14 CT:bjs Page 3 of 3 89 90 Finance & Safety Committee Minutes July 8, 2014 - Pape 2 Under the City's current policies, building permit fees and development impact fees for this project are estimated to be $1,792,000 (based on 189 hotel rooms and 370 apartments), $251,000 of which is due at the time of permit application and $1,541,000 due at the time of permit issuance. The Lees have requested that the City limit the development permit fees to $600,000.00, reduce the development impact fees to the extent possible, defer those fees for payment in years 5 -8 after receiving the certificate of occupancy, and receive approval for an eight -year multi - family property tax exemption. City staff agreed to evaluate the requests and contracted Heartland LLC to provide a third -party market -based perspective of the project's feasibility. The Heartland analysis deems the project financially reasonable only as a result of the EB -5 program and the property owner's connection to investors but also indicates that a city's building permit and development impact fees are not normally responsible for project feasibility or infeasibility. Staff requested that the Committee discuss the proposal and consider whether or not there is merit in moving it forward to the Committee of the Whole for further review. The Council may ultimately opt to do nothing, grant a multi - family tax exemption program, defer building, permit or traffic, fire, and park impact fees, or reduce permit or impact fees. Multi- family tax exemptions are common and there is staff support for such a program being applied to a limited region in the Tukwila Urban Center core. Deferral of permit fees or impact fees is also something other Cities have granted. Reduction of fees would be challenging and requires more research, which staff will provide if there is Council direction to do so. Administration's position is that it is interested in seeing what can be done to encourage this innovative development while also ensuring the City's costs are covered. It is important to note that there is no precedent in Tukwila for reduction or deferral of fees, and any consideration to do so much be carefully considered. Staff is prepared to complete its research and make a recommendation in August, but believes Council discussion will guide the remaining research. To aid in the Committee's discussion, staff prepared and reviewed a document outlining a scenario for deferral of traffic, fire, and parks impact fees and a multifamily property tax exemption for 8 years. Committee members asked clarifying questions and requested to hear from Mr. and Mrs. Lee and Mr. Chang, who each spoke to the difficulties in financing as well as the project's great value as a pioneering development. Mrs. Lee raised the concern that impact fees are charged per unit rather than per square foot which is a disadvantage for a project such as Washington Place, which includes studios and one - bedrooms alongside larger units. The Committee agreed to forward this item to the Committee of the Whole for further discussion, and requested that staff clearly outline the options discussed. In addition, Committee Chair Seal asked that the Heartland report be provided to Council. NO RECOMMENDATION. FORWARD TO JULY 14, 2014 COMMITTEE OF THE WHOLE FOR DISCUSSION. D. Resolution: City of Opportunity Scholarship Staff is seeking Council approval of a resolution that would amend the "Tukwila, City of Opportunity Scholarship" program by increasing the funding level and refining procedures in response to lessons learned during the inaugural 2014 process. The Committee reviewed and discussed the proposal at its June 3 and June 17 meetings, most recently requesting the following two changes: • Include a request for the applicant to provide a written statement that describes his or her financial need; • Add a procedure that prohibits an employee or elected official on the selection panel from scoring a candidate to whom they are related. 91 92 Finance & Safety Committee Minutes July 8, 2014 - Page 3 Staff incorporated these changes and the Committee was in favor of forwarding the resolution to the Committee of the Whole with these revisions as well as the previously approved revisions to make -up and size of the selection committee and award amounts. UNANIMOUS APPROVAL. FORWARD TO JULY 14, 2014 COMMITTEE OF THE WHOLE. (Note: this item will be forwarded to the July 28, 2014 Committee of the Whole due to staff availability.) E. Ordinance: Creatinci Tukwila Municipal Code Chapter 2.97 — Code of Ethics Several iterations of a process to address allegations of ethics violations by elected officials have been discussed in Committee since 2013. At its June 3 meeting, the Committee decided to move forward with the creation of an Ethics Board made up of the Chairs or Chair's designee of the City's existing five Commissions. They decided to retain the current Ethics Code (Chapter 2.95) to apply to City employees and appointed officials, and asked to create a new Chapter applicable to elected officials. At its June 19 meeting, the Committee decided that the role of the Ethics Board would be to make an initial determination of sufficiency, and upon receipt of findings of fact by an independent investigator, determine whether or not the violation occurred and then draft a recommendation to the Council. At that meeting, the Committee discussed legal counsel to the Ethics Board and requested that if independent counsel is brought in to serve in this role, that the ordinance reflect specific qualifications for that individual. Staff returned with the following revision to Section H.3: "Throughout the process, the Board may seek legal advice from the City Attorney or independent legal counsel as assigned by the City Attorney. Assigned independent legal counsel shall have a minimum of five years municipal law experience." Committee members agreed with that recommendation and supported moving the proposed ordinances forward with that change and other amendments previously approved. It is expected that the Committee of the Whole will discuss the inclusion of language regarding "appearance of impropriety" and conduct that "might be seen as...adverse to the interests of the City." UNANIMOUS APPROVAL. FORWARD TO JULY 28, 2014 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Councilmember Hougardy noted that she has recently inquired about Councilmember participation in the City's PCard program. Currently, Councilmembers must request reimbursement for expenses or request that the Council Analyst handle all pre- authorizations for travel - related expenses. The other Committee members were supportive of pursuing this and Staff will start reviewing the request. Meeting adjourned at 7:09 p.m. Next meeting: Tuesday, July 22, 2014 — 5:30 p.m. — Hazelnut Conference Room Committee Chair Approval Minutes by LH, Reviewed by DS x-,^��� Tukwila ��%^ of � ��y�%�)X1�� �� Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes June 17, 2014 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, De'Sean Quinn (Absent: Kathy Hougardy) Staff: David C|ina, Vicky Carlsen, Eric Dreyer, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. PRESENTATIONS No presentations. U. BUSINESS AGENDA A. Purchase of Firearrns Training and Equipment Trailer Staff is seeking Committee approval to purchase a Police Department firearms equipment trailer not to exceed $9.500.00. The Firearms Unit conducts quarterly training sessions that involve the transport of bulky equipment. CurrenUy, this is handled by loading and unloading into multiple vehicles. Purchasing a trailer to transport and store the equipment instead would be a cost effective solution. The trailer will also be available for use by the SWAT and Civil Disturbance Units during their respective trainings. The estimated cost for the trailer is $8600.00. and funds are available from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program and from Police Department Fleet Services, UNANIMOUS APPROVAL. B. Resolution: City of Opportunity Scholarship Staff is seeking Council approval of a resolution that would amend the 'TuKvv|a. City of Opportunity Scholarship" program by increasing the funding level and refining procedures in response to lessons learned during the inaugural 2014 process. At the June 3, 2014 discussion on this item, the Committee agreed to raise the total fund to $10,000, and to modify the makeup of the selection committee. They requested more information on median income Ievels as well as further discussion of a community service component. Financial Need: The Committee packet included a comparison table showing median income information for the county and state. Staff recommends that if the Committee decides to specify income criteria, that eligibility should be based on family income that does not exceed 70 percent of King County's median. The Committee decided to leave in the original language that states an applicant must "demonstrate a substantial financial need as indicated on the FAFSA Student Aid Report." To provide some additional flexibility to this nequinennent, they requested an item be added to the application that requests the student describe his or her need for financial assistance. Community Service: The eligibility requirements currently state a minimum of 15 hours of community service, It is ncreasingty common for community service hours to be required for graduation, as with Tukwila School District's requirement of 30 hours. The Committee decided to leave the original requirement of 15 hours in the eligibility criteria. Finance & Safety Committee Minutes June 17,2D14- Page 2 • Eligibility of City Employee Relatives: The Committee decided to discuss this again and concluded that they would not like to exclude relatives of City employees or officials. They requested that staff add a procedure to the selection process that would prohibit an employee or official from scoring a candidate with whom they are related. Staff will develop a framework that addresses this request for further Committee consideration. RETURN TO FINANCE AND SAFETY COMMITTEE. C. 2014 1* Quarter Cash and Investment Report Staff reviewed the 1"` Quarter Cash and Investment Report for 2014, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment, At March 31, 2014' the portfolio totaled $44.7 million comprised of $37.8 million in cash and cash equivalents and $6.9 in longer term investments. This represents a $1.8 million decrease from the December 31, 2013 balance, attributable to the collection of property taxes in the 2nd and 4th quarters. INFORMATION ONLY. O. 2014 l Quarter Sales Tax Miscellaneous Revenue Report Staff presented the 2014 1mQuarter Miscellaneous Revenue Report. Information detailed in the staif report includes Sales tax revenues are down by $87,000 below the same period in 2013, and new construction sales tax was $92.000 lower, The City has collected $238,066 in sales tax mitigation as of March 31, 2014. This is 24% of the annual mitigation budget. INFORMATION ONLY. E. Ordinance: Creatinq Tukwila Municipal Code Chapter 2.97 — Code of Ethics Several iterations of a process to address allegations of ethics violations by elected officials have been discussed in Committee since 2013, At its June 3 meeting, the Committee decided to move forward with the creation of an Ethics Board made up of the Chairs or Chair's designee of the City's existing five Commissions, but they asked to have further review of the role of that board, They decided to retain the current Ethics Code (Chapter 2,95) to apply to City employees and appointed offioia|s, and asked to create a new Chapter applicable to elected officials. Staff returned with two options relating to the role of the Ethics Board. Option 1 (Board decides violation): The Board will make an initial determination of aufficiency, and if aufficient, an independent investigator will provide findings of foct, conc|uaions, and a recommendation. Upon receipt of this report the Board will determine that a violation did or did not occur, or that more information is needed. The Board will then draft a recommendation to the Council. Option 2 (Council decides violation): The Board will make an initial determination of nufficienoy, and if sufficient, an independent investigator will provide findings of fact only. Upon receipt of this report the Board will forward the findings to the Council who will then determine whether or not the violation has occurred and assign an appropriate penalty. Committee members discussed these options and unanimously agreed upon Option 1, in which the Ethics Board makes a determination of violation rather than the Council. The Committee asked questions relating to training and legal counsel for the Board during this process. City Administrator David Cline confirmed that the City Attorney will provide basic trainin0, but if an allegation is made, independent counsel could be brought in to advise the Board during the process. The Committee agreed that there should be clearly stated, strong criteria for the selection of such counse|, but were not certain if this should be included within the ordinance or in a separate administrative procedure. Committee Chair Seal noted that Section 2.97.050(E) might be an appropriate location if the decision is made to inctude this Ianguage in the ordinance. 94 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes June 3, 2014 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, Kathy Hougardy Staff: David Cline, Peggy McCarthy, Don Tomaso, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Fireworks Permit for July 4 Event at Starfire Sports Complex Staff is seeking Council approval of a Fireworks Permit Application submitted by Western Display Fireworks Ltd. for the fireworks display at the City's annual 4th of July Celebration at Starfire Sports Complex. The application has been approved by the Fire Marshal and found to be in compliance with standards and regulations, and this vendor and launch location have been working well. UNANIMOUS APPROVAL. FORWARD TO JUNE 16, 2014 REGULAR CONSENT AGENDA. B. Resolution and Annual Report: City of Opportunity Scholarship Staff is seeking Council approval of a resolution that would amend the requirements of the Tukwila City of Opportunity Scholarship as a result of lessons learned from the inaugural 2014 process. Committee discussions on the four areas of modification recommended by staff are summarized as follows: • Define "substantial financial need" as family income that does not exceed 70 percent of the state's median income. The Committee requested more information regarding median income levels for the city, county and state. While discussing a balance of need versus merit -based award criteria, Committee members expressed an interest in an expanded community service component to the application. • Modify the selection committee makeup to include the option of a representative from the City Council in addition to or instead of the Council President, and the option of additional City Staff and School District representatives, not to exceed seven total Committee members per year. The Committee agreed with this modification. • Increase the total amount of the annual scholarship fund to $10,000, allowing for the potential of additional recipients and /or more substantial awards. The Committee agreed with this modification. • Change eligibility standards to exclude City employees and elected officials in keeping with common practice and on the advice of the City Attorney. The Committee did not agree to this modification but would like to forward both options to the Committee of the Whole for discussion. Committee Chair Seal suggested that if employee relatives are included, their names be blacked out during the selection committee review process. RETURN TO COMMITTEE FOR FURTHER DISCUSSION. 95 96 Upcoming Meetings & Events July /August 2014 28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1st (Friday) 2nd (Saturday) ➢ Transportation Crate, 5:15 PM (Foster Conference Room) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Community Affairs & Park5 Tukwila Village Groundbreaking 2:00 — 3:30 PM (Tukwila Village Site at the northeast corner• of S. 144`x` St and Tukwila International Blvd) �\ Cmtc, Cancelled ➢ City Council Special Work Session Tukwila Facility Needs Assessment and Feasibility Study. 5:30 PM (Council Chambers) 4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday) ➢ Civil Service Commission, 5:00 PM (Hazelnut Conference Room) ➢ Utilities Crate, 5:15 PM (Foster• Conference Room) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Finance & Safety Crate, Cancelled due to National Night Out Commission, Cancelled ➢ Library Advisor Peanut Butter and Jam Family Entertainment Series FREE family fun! 12:00 Noon (Community Center by the Spray Park) This week: Recess Monkey ➢ Equity & Diversity C FREE Summer Outdoor Cinema Series Donation of two cans of food per family member requested to support the Tukwila Food Pantry Communi y Center) Seating area opens at 8:00 PM. Movie starts at dusk. Today's movie: Despicable Me 2 (Rated PG) 21st Annual Community Garage Sale August 9 & 10 Look for yellow signs around Tukwila For additional information visithttg: / /www.tukwt icnva. t,or /ti.ardsaie,ht m Or call 206 - 433 -7178 A map and list of locations will be posted on the above website on August 64`. mmissi n, Cancelled y Cancelled National Night Out 2014 Take part in your neighborhood event and send the message to criminals that they are not welcome in Tukwila! For additional information, contact Chris Partman at 206 - 431 -2197 Council Chat 10:00 AM to 12:00 Noon Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500Interurban Ave S) Primary Election Day Q ➢ Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. (August meeting cancelled) ➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room Meeting Cancelled. ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206 - 433 -1868. (August meeting cancelled). ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room. ➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. (August meeting cancelled). ➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. July Meeting Cancelled. ➢ Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room (A) I -5 /Klickitat Dr — Unstable Slope/Elevated Walkway WSDOT's Local Agency Participating Agreement. (B) 42 "d Ave S Phase III (Southcenter Blvd — S 160x` St) Stor•mwater• Detention Pond on City -owned Property. ➢Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf Room 97 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. July 7 14 21 28 See agenda packet cover sheet for this week's agenda (July 28, 2014 Committee of the Whole Meeting). August 4 Special Presentation: 11 Special Presentation: 18 Special Presentations: 25 Public Hearings: Score Update. Appointments:. Introduction of Jerry Hight - Building Official. Introduction of new K9 Team - Mike Boeher and "Doc ". Special Issues: Introduction of Kris Jelly, Parks Supervisor. Comprehensive Plan elements (ordinances). Special Issues: New and Reappointments to the Equity and Diversity Commission. Appointments to the Landmark Commission Board. Consent Agenda: Comprehensive Plan P elements (ordinances). Review of the Comprehensive Plan elements. An ordinance granting a non- exclusive franchise agreement to Astound Broadband. East Marginal Way South Stormwater Outfalls - Supplemental Agreement #1. - An ordinance updating TMC 2.52 to include 2 unpaid holidays Accept 2014 FEMA Firefighters Assistant Grant. Unfinished Business: ILA between the City and the TPMPD relating to operations of the Tukwila Pool. Amendments to the Ethics Code - A resolution regarding the City of Opportunity Scholarship Program. 98