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HomeMy WebLinkAboutReg 2023-03-20 Item 6D - PSRFA - Puget Sound Regional Fire Authority Annexation PlanCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/27/23 DC 3/20/23 DC 04/17/23 DC ITEM INFORMATION ITEM No. 6.D. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 2/27/23 AGENDA ITEM TITLE Annexation Plan for the Puget Sound Regional Fire Authority CATEGORY ® Discussion Mtg Date 3/20/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ Pc R ❑ Police [DPW SPONSOR'S SUMMARY Per the 2022 Contract for Services with Puget Sound Regional Fire Authority (PSRFA) an Annexation Plan was to be created and approved by the PSRFA Governing Board and the Tukwila City Council and then put to the voters for final approval. An Oversight Committee, consisting of Councilmembers Kruller and Sharp, as well as PSRFA Commissioners Barrie and Troutners, created this final plan for council approval. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONsoR/ADMIN. Oversight Committee COMMITTEE Direct to Regular Meeting for discussion and approval COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/27/23 Forward for further discussion 3/20/23 MTG. DATE ATTACHMENTS 2/27/23 Info memo re: Proposed Annexation Plan dated Feb 21, 2023 Oversight Committee Memos Feb 1, 2023 & Feb 13, 2023 Draft Annexation Plan 3/20/23 Info memo (updated Mar 13, 2023) PSRFA Final Annexation Plan 135 136 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: David Cline, City Administrator CC: Mayor Ekberg DATE: February 21, 2023March 13, 2023 Updated SUBJECT: PSRFA Annexation Plan — Final Draft proposed by Oversight Committee ISSUE Per the 2022 Contract for Services with Puget Sound Regional Fire Authority (PSRFA) adopted by the City Council on October 6, 2022, an Annexation Plan to the PSRFA is to be created and presented for approval by the Puget Sound Regional Fire Authority and the Tukwila City Council and then sent to the Tukwila voters for approval. The Council selected Oversight Committee members, Councilmembers Kruller and Sharp, have met Twice three times and are providing an update to the full Council and seeking input on the final plan which is scheduled for final adoption on April 5 by the PSRFA Board and then April 17 by the Tukwila City Council. BACKGROUND March 13, 2023 Update The Oversight Committee met on March 13, 2023 and reviewed the attached updated plan and recommended approval to both the PSRFA Board and the Tukwila City Council. The last major issue was facility transfers and it was agreed that Station 54 would be a 15 -year lease. See the actual language below as well as in the Annexation Plan on page 19 in section 7.c.1.iv. As mentioned on February 27, 2023 there was also a discussion about moving to an annual rotation of three specific position which will be in the updated bylaws once Tukwila becomes a member. Specific draft language is as follows: Chair, Vice Chair and Chair of Citizen's Advisory Group. - Bylaws Upon annexation, the bylaws will be amended to create a 3 -year rotation (or more specifically three separate positions, each having a one-year rotation) of the positions above. As a result, in 2024, a Board Member from KCFD#37 would assume the role of Chair, a Board Member from the city of Tukwila would assume the role of Vice -Chair, and a Board Member from the city of Kent would lead the Citizen's advisory group. The City Council approved a contract for services with PSRFA on October 6, 2022 as a step towards full annexation. The Citizen's Advisory Committee on the Future of Fire/EMS Services had recommended these actions in their final report provided to the Council in May 2022. Per the Contract, a four -person Annexation Oversight Committee was created to draft this Annexation Plan. These members include Tukwila City Councilmembers Kruller and Sharp, and PSRFA Governing Board Members Barrie and Troutner. This Oversight Committee has met twice (see attached memos) and another meeting is planned for February 27, 2023, prior to the Committee of the Whole meeting. The Oversight Committee has been successful in crafting an 137 138 INFORMATIONAL MEMO Page 2 Annexation Plan that meets all parties needs and is seeking final input from the Tukwila City Council before final approval of both governing boards. Most of the issues for annexation have already been agreed to in the current Contract for Services that went in place on January 1, 2023. The final issue still remaining is the transfer of fire stations. This is discussed below and is expected to be finalized for by the February 27, 2023 Oversight Committee, and will be presented to the City Council that evening. Key Issues of the Annexation Plan: Governance (Section 5,B,1, p. 15): The directive to seek fair and equitable representation for all participants guided the key language in the amended plan. The three "member" jurisdictions will each have three voting seats. As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members consisting of three (3) current seated members from the City of Kent to be appointed by the Kent City Council and three (3) current, seated King County Fire District 37 Board of Commissioners members (3) current, seated members from the City of Tukwila to be appointed by the Tukwila City Council and nonvoting advisory positions consisting of one for each Contractual Jurisdiction as appointed by the governing body of such Jurisdiction. Voting Members — Tukwila (3) Kent (3) KCFD37 (3) Non-voting Advisory Members — SeaTac (1) KCFD43 (1) Covington (1) Each "contract" jurisdiction will have one non-voting advisory seat each. The City of Covington is annexed into King County Fire District #37 (KCFD37) and is represented by the three voting seats of KCFD37. Maple Valley is King County Fire District #43 and is represented by a non- voting advisory seat of KCFD43. SeaTac is a contract city and is represented by a non-voting advisory seat. Facilities (Section 7.C.1.a, p. 19) : Facilities Updated on March 13, 2023: As discussed on February 27, 2023, there was an agreement for a 50 -year lease for Fire Station 51 and transfer of ownership for Fire Stations 52 and 53. Due to this discussion, the PSRFA has agreed to a 15 -year lease for Fire Station 54. The following is the agreed upon language for all four stations in section 7.c : 1. Transfers of Real Property. a. The following real property owned by the City of Tukwila shall be transferred in fee simple determinable subject to an automatic reversionary interest, meaning Tukwila is conveying property "so long as" certain conditions are met, to the RFA, or leased to the RFA, as specified below: i. Station 51: The City of Tukwila shall retain ownership of the real property on which Station 51 is located and shall lease Station 51 to the RFA for 50 -year terms at the rate of $1 per year. As conditions of the lease, the RFA shall assume 100% of the maintenance costs and shall use https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Annexation Plan 3-20-2023.docx INFORMATIONAL MEMO Page 3 Station 51 to deploy RFA response units, subject to any other interests in the property. ii. Station 52: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. Further, Tukwila shall retain the right to access and use the following areas of Station 52: (a) the "212 EOC Storage" closet; (b) the "210 Training Room" as the City's backup Emergency Operations Center on a 24/7 basis and at any time without notice in the event of an emergency and until termination of the emergency event, and as a public meeting space up to twenty (20) hours per calendar week, provided RFA staff is on-site to facilitate such use; and (c) the "213 HAM" closet for storage of ham radios and related equipment. iii. Station 53: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. iv. Station 54: City of Tukwila shall retain ownership of the real property on which Station 54 is located and shall lease Station 54 to the RFA for a 15 -year term at the rate of $1 per year. As conditions of the lease, the RFA shall assume 100% of the maintenance costs and shall use Station 54 to deploy RFA response units. Before the end of year 10 (December 31, 2034), either Tukwila or the RFA shall provide notice to the other party, indicating whether the lease will expire December 31, 2039, or be renewed for an additional term subject to conditions to be mutually negotiated by the parties • ■ outhcenter), FS 52 (City Hall Campus), FS 5 Tukwila will continue to own the land, while PSRFA will maintain and operate the station and the infrastructure. The stations must continue to `deploy RFA response units" or the station will revert to the City of Tukwila. Thi, -la ;gtgc is still being worked on after several iterations from the PSRFA Attorney and stations replacing Tukwila's older stations, the current plan is as follows: • Older Stations (Fire Stations 53 and 54): Shorter term leases (10 years) with a notification period (3 years). https:l/tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Annexation Plan 3-20-2023.docx 139 140 INFORMATIONAL MEMO Page 4 One draft of the language is as follows: located and shall lease each station to thc RFA for 50 year terms at thc rate of $1 per year per station. For station 52, Tukwila shall retain thc right to usc that station as a backup FOC, to storc equipment, and to usc conference rooms, consistent with thc current lease. As a condition of thc !cases, thc RFA shall assume 100% of the maintenance costs for stations 51 and 52 during the lease terms, and thc RFA shall usc thc stations to deploy RFA response units. Stations 53 & 54: City of Tukwila shall retain ownership of the real property on which these stations arc located and shall !case each station to thc RFA for 10 year terms at thc rate of $1 per year per station. A5 a condition of the leases, the RFA shall assume 100% of the maintenance costs for stations 53 and 5'1 during thc lease terms, and the RFA shall use the stations to deploy RFA response units. The City shall provide 36 months' notice before thc end of the 10 year terms (at thc end of year 7) whether the leases will expire or be renewed after 10 years. Election Date (Section 3.B.1, p. 10): The current goal is to submit our proposition by May 12, 2023, for the Primary Election to be held on August 1, 2023. A voter approval of this proposition will make this plan effective date on January 1, 2024. This would allow a year of transition to ensure that the newly expanded PSF Board would be able to effectively allocate the fire benefit charge and property tax for services beginning in January 2025. The City of Tukwila would still be financially obligated under the contract for services in 2024. If the proposition fails, the governing document for the RFA will be the current 2017 RFA Plan. Proposed Schedule for Action by PSF Governing Board and Tukwila City Council: To meet the May 12, 2023 deadline for submission for the August 1, 2023 Primary Election, the following are suggested options. This proposes a 4 -step process: la.Tukwila City Council Review of Proposed Annexation Plan — Feb 27 and March 20 1 b. PSRFA Board review of Proposed Annexation Plan — March 15 2. PSF Board Approval of Annexation Plan — April 5 3. Tukwila City Council Approval of Annexation Plan — April 17 4. Tukwila City Council Resolution Calling for Special Election — April 17 Table 1: Recommended Review and Approval of Annexation Plan with sptian-for April date# more time needed. Tukwila COW Review of Proposed Annexation Plan PSRFA PSRFA Board Approval of Resolution to Amend Plan Tukwila City Council Approval of Resolution to Annex to PSRFA Tukwila City Council Resolution Calling for Special Election Board Review Plan Feb 27 March March 15 March 20 March 20 15 March 20 April 5 April 17 April 17 https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Annexation Plan 3-20-2023.docx INFORMATIONAL MEMO Page 5 DISCUSSION Discussion/Action Requested of the City Council: 1. Is Governance Acceptable? (Section 5) 2. Is Facilities Transfer acceptable? (Section 7) — still to be finalized 3. Is Election Date and Effective Date Acceptable (Section 3) 4. What is the preferred timeline for review and approval of all parties? (see Table 1) 5. Are there any outstanding items for future action? FINANCIAL IMPACT If annexation is successful, the operating and capital costs for fire services will become the responsibility of the Puget Sound Regional Fire Authority, which the City would be on the governing board. The City would retain costs associated with other services, especially the contract for Fire Marshal services. RECOMMENDATION Discussion only — provide input to the Oversight Committee members for final annexation plan. ATTACHMENTS 1 — Final Annexation PlanOversight Committee Memo Mtg 1t1 Feb 1, 2023 (updated) 2 Oversight Committee Memo Mtg 1t2 Feb 13, 2023 3 — Annexation Plan (as of Feb 13, 2023, still to be revised) https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Annexation Plan 3-20-2023.docx 141 142 2023 PUGET SOUND REGIONAL FIRE AUTHORITY PLAN Serving the cities of Covington, Kent, Maple Valley, SeaTac and Tukwila, and King County Fire Districts Nos. 37 and 43 Effective Date: January 1, 2024 143 TABLE OF CONTENTS Page Organizational Information 3 Section 1: Needs Statement 7 Section 2: Definitions 8 Section 3: Formation Authority 10 Section 4: Jurisdictional Boundaries 11 Section 5: Governance 14 Section 6: Organizational Structure/Operations 16 Section 7: Financial 17 Section 8: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit 21 Appendix A — Jurisdictional Boundaries 24 Appendix B — Organizational Structure 26 144 HISTORY In 2010, the voters of the City of Kent and King County Fire Protection District No. 37 approved the formation of the Kent Fire Department Regional Fire Authority, effective July 1, 2010. On January 1, 2014, the Kent Fire Department RFA contractually consolidated with the City of SeaTac Fire Department pursuant to an interlocal agreement, and the City of SeaTac filled a non-voting advisory position on the Governing Board pursuant to a 2014 Plan Amendment. In 2016, the Governing Board approved the renaming of the Kent Fire Department Regional Fire Authority to Puget Sound Regional Fire Authority pursuant to a 2016 Plan Amendment. On July 1, 2018, Puget Sound Regional Fire Authority contractually consolidated with Maple Valley Fire and Rescue (King County Fire Protection District No. 43) pursuant to an interlocal agreement and Maple Valley Fire and Rescue filled a non-voting advisory position on the Governing Board. On January 1, 2023, Puget Sound Fire contractually consolidated with the City of Tukwila Fire Department pursuant to an interlocal agreement, and the City of Tukwila filled a non-voting advisory position on the Governing Board. Copies of the original RFA Plan and the 2014 and 2016 amendments are retained in the Puget Sound Fire Administrative Offices. On April 5, 2023, Puget Sound Regional Fire Authority Governing Board approved an amendment of the 2016 RFA Plan ("2023 Puget Sound Regional Fire Authority Plan") to submit to the voters of the City of Tukwila as part of the process of annexing the City of Tukwila as a participating jurisdiction into the Puget Sound Regional Fire Authority. On August 1, 2023, the City of Tukwila voters approved the amended RFA Plan, and the City of Tukwila was formally annexed into the RFA on January 1, 2024. 3 � 145 PURPOSE Professionally and Compassionately Helping People VISION To be a trusted resource for building safe and healthy communities. MISSION To provide effective and sustainable services that meet the needs of a changing community with the resources entrusted to us. VALUES Integrity. We believe in holding ourselves accountable for our actions and living our shared values. Innovation. We believe in continuous improvement through collaboration. Inclusion. We believe in the strength diversity brings to our organization and communities. Service. We believe in exceeding the needs of our communities through exceptional customer service and leadership. 146 ( 4 1 OVERSIGHT Puget Sound Fire is governed by the Puget Sound Fire Governance Board. The Governance Board is comprised of nine voting members and three non-voting members. Of the voting members, three are appointed from the Kent City Council, three from the Tukwila City Council, and three from the Board of Commissioners for Fire District No. 37. Of the non-voting members, one is from the Covington City Council, one is from the SeaTac City Council, and one is from the King County Fire District No. 43 Board of Commissioners. The Puget Sound Fire Governance Board has the responsibility to oversee budget and policy decisions and to ensure that Puget Sound Fire is successful in its mission of protecting our communities. FUNDING Puget Sound Fire uses a voter -approved, two-part funding method comprised of property taxes and a fire benefit charge (FBC) to fund its operations. The FBC is a fee that is based on the benefit of having emergency services. It is not a per call charge and is not based on property value. The property tax/FBC model provides a stable funding method that results in predictable revenues. Adding a FBC alongside property taxes as part of the funding system allows Puget Sound Fire to equitably distribute the cost, meaning that higher risk properties pay more for the benefit of fire -related and emergency services and lower risk properties pay less. SERVICES AND STAFFING As an internationally accredited regional fire authority, Puget Sound Fire employs over 400 people, and 17 fire stations are staffed 24 hours a day, 365 days a year by full-time, career firefighters. Advanced Life Support (Paramedic) services are provided through the King County Medic One program. The broad range of emergency response services that we provide to our residents from our 17 fire stations throughout our response areas include: • Emergency Medical Services • Fire Suppression • Hazardous Materials • Water Rescue • Technical Rescue, and • Wildland Urban Interface ( 5 1 147 Additionally, Puget Sound Fire also provides non -emergency services to our residents including: • Emergency Management • Fire Prevention • Public Education and FDCARES Our support divisions include: • Community Relations • Finance • Human Resources • Strategic Resource Management • Business and Information Technology Services • Logistics • Fire Garage, and • Facilities Maintenance 148 ( 6 1 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 1: Needs Statement Adopted: 06-03-09 Revised: 01-01-24 1. The ability to respond to emergency situations by fire protection and emergency medical services jurisdictions has not kept up or progressed with the community's needs and special service demands; 2. Providing a fire protection and emergency medical service system requires a collaborative partnership and responsibility among local and regional governments and the private sector; 3. There are efficiencies to be gained by regional fire protection and emergency medical service delivery, while maintaining local control; and 4. Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection, emergency services, specialized rescue, hazardous material mitigation, using existing taxing authority to address fire protection and emergency service needs, with new authority to address critical fire protection projects and emergency services. 5. Puget Sound Regional Fire Authority is capable of providing regional services to its contractual partners and participating jurisdictions. RFA Plan Revision: The NEEDS STATEMENT section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. 7 � 149 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 2: Definitions Adopted: 06-03-09 Revised: 01-01-24 The definitions in this section apply throughout the Regional Fire Protection Service Plan, unless the context clearly requires otherwise. 1. "Board" or "Governing Board": Means the governing body of a regional fire protection services authority. 2. "Participating Jurisdictions": Means the City of Kent, King County Fire Protection District No. 37 and the City of Tukwila. 3. "Contractual Jurisdictions": Means the City of SeaTac, Maple Valley Fire and Rescue and any future municipal corporations that enter into Interlocal Full Consolidation Agreements with Puget Sound Regional Fire Authority. 4. "Regional Fire Authority," "Puget Sound Regional Fire Authority" "Puget Sound RFA" "RFA": Means a municipal corporation, an independent taxing authority within the meaning of Article VII, Section 1, of the Washington State Constitution, and a taxing district within the meaning of Article VII, Section 2, of the Washington State Constitution, whose boundaries are coextensive with the City of Kent, King County Fire Protection District No. 37 and the City of Tukwila that has been created by a vote of the people under Revised Code of Washington chapter 52.26 to implement a Regional Fire Authority Plan and by a vote of the City of Tukwila voters to approve annexation of the City of Tukwila into the RFA pursuant to RCW 52.26.300. 5. "Regional Fire Authority Plan," "RFA Plan," "Puget Sound RFA Plan" or "Plan": Means a plan to develop, govern and finance a Regional Fire Authority, including, but not limited to, specific capital projects, fire prevention services, fire suppression services, emergency medical services, and services for the protection of life and property pursuant to RCW 52.26.040, and the preservation and maintenance of existing or future facilities and services. 6. "2023 Puget Sound Regional Fire Authority Plan" or "2023 RFA Plan": Means the 2017 RFA Plan as amended by the RFA Governing Board and approved by the City of Tukwila voters. 7. "Effective Date": Means the effective date of the 2023 RFA Plan on January 1, 2024. 150 ( 8 RFA Plan Revision: The DEFINITIONS section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. 9 ) 151 152 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 3: Formation Authority Adopted: 06-03-09 Revised: 01-01-24 A. Reference: 1. Puget Sound Regional Fire Authority was created pursuant to law when the voters of the City of Kent and King County Fire Protection District No. 37 approved the original RFA Plan at a special election on April 27, 2010 as authorized by Chapter 52.26 RCW. 2. The authority to annex additional Participating Jurisdictions into the RFA requires approval of an RFA Plan amendment by both the RFA Governing Board and the voters of the annexing Participating Jurisdiction pursuant to RCW 52.26.300. B. Activity and Operation: 1. If approved by the voters of the City of Tukwila at an election on August 1, 2023, this 2023 RFA Plan shall become effective on the Effective Date of January 1, 2024. If the 2023 RFA Plan is not approved by Tukwila voters, then this 2023 RFA Plan Amendment shall not be adopted, and the existing 2017 Puget Sound Regional Fire Department Plan shall remain as the RFA Plan. 2. Upon voter approval of the 2023 RFA Plan, the City of Kent, the City of Tukwila and King County Fire District No. 37 shall continue to exist as separate and independent Washington State municipal corporations. The exclusive purpose of the continued existence of King County Fire District No. 37 shall be to provide representation to the RFA Governance Board. 3. At such time as King County Fire District 37 no longer provides revenues or representatives to the governance board, it may be dissolved in accordance with RCW 52.26.120. RFA Plan Revision: The FORMATION AUTHORITY section of the Puget Sound RFA Plan is subject to amendment only by a revised Puget Sound Regional Fire Authority Plan being re -submitted to the electorate for approval. f'^1 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 4: Jurisdictional Boundaries Adopted: 07-15-09 Revised: 01-01-24 A. Reference: 1. The authority to define the jurisdictional boundaries of the Puget Sound Fire Authority is provided by RCW 52.26.020(2). B. Jurisdictional Boundaries on Effective Date of the 2023 RFA Plan: 1. If the 2023 RFA Plan is approved by Tukwila voters, the jurisdictional boundaries of Puget Sound Regional Fire Authority shall be the current legal boundaries of the Participating Jurisdictions, which boundaries are currently contiguous and are depicted on the map attached hereto and marked as Appendix "A" of this 2023 RFA Plan. C. Changes in Jurisdictional Boundaries: 1. Boundary Changes that do not require a RFA Plan amendment. a. City of Kent or City of Tukwila annexations of areas included within the boundaries of King County Fire Protection District No. 37. Such annexations will not affect the RFA since the areas will already be within the RFA boundaries. Pursuant to RCW 52.26.290, there will be no required asset or employee transfers between the fire district and the affected city. b. City of Kent or City of Tukwila annexations of areas not included within King County Fire Protection District No. 37. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs as a result of annexation shall be between the transferring entity and the RFA. c. King County Fire Protection District No. 37 annexations of areas outside the boundaries of the RFA. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant 153 to RCW 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. d. Partial merger of an area located in an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such partial merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such partial merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Any transfer of assets or employees as a result of a partial merger shall be between the merging district and the RFA. e. Merger of an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Pursuant to RCW 52.06.085, the merger will result in an increase in the size of the governing board of King County Fire Protection District No. 37. Such increase shall not, however, alter the Governance Plan and the RFA governing board shall still have 3 representatives from the Fire District. Any transfer of assets or employees as a result of a merger shall be between the merging district and the RFA. f. Full or partial merger of King County Fire Protection District 37 into an adjacent fire protection district. On the effective date of such merger, the areas within King County Fire Protection District No. 37 that are merged into the adjacent fire protection district shall be removed from the jurisdictional boundaries of the RFA. In this situation, the RFA shall not be obligated to transfer employees or assets of the RFA, and the adjacent fire protection district shall be restricted to assets and employees of the fire district, if any. g. Annexation of a portion of King County Fire Protection District 37 by a City that is not a participating jurisdiction in the RFA. On the effective date of such annexation, the territory annexed shall automatically be removed from the boundaries of the RFA. In this situation, the RFA shall not be obligated to transfer employees or assets of the RFA, and the annexing city shall be restricted solely to assets and employees of the fire district, if any. h. Annexation of areas by the City of Covington. Provided that the City of Covington remains annexed into King County Fire Protection District No. 37, on the effective date of any such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090 and RCW 52.04.091. The territory added to the RFA by such annexation shall be subject to 154 ( 12 1 the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs as a result of such annexation shall be between the transferring entity and the RFA. 2. Boundary Changes that require a RFA Plan amendment. The addition of another entity as a participating jurisdiction in the RFA shall require a voter approved amendment to the RFA Plan. RFA Plan Revision: Except as provided in paragraph C.2 of this section, the JURISDICTIONAL BOUNDARIES section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 13 1 155 156 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 5: Governance Adopted: 07-15-09 Revised: 01-01-24 Governance and Representation A. Reference: 1. The authority to provide governance for the Regional Fire Authority is provided by RCW 52.26.080 and RCW 52.26.090. B. Governing Board Structure and Operation: 1. As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members consisting of three (3) current seated members from the City of Kent to be appointed by the Kent City Council and three (3) current, seated King County Fire District 37 Board of Commissioners members (3) current, seated members from the City of Tukwila to be appointed by the Tukwila City Council and nonvoting advisory positions consisting of one for each Contractual Jurisdiction as appointed by the governing body of such Jurisdiction. 2. The RFA Governing Board shall adopt governance policies and rules for conducting business for the RFA in accordance with RCW 52.26.080. 3. The RFA Governing Board shall adopt by-laws to govern RFA affairs in accordance with RCW 52.26.080. 4. The RFA Governing Board shall have all the power and authority granted governing boards under Washington State law and shall include the power and authority to make any decisions appropriate for the RFA and for matters related to Title 52 RCW. 5. Members of the Governing Board will receive compensation in the same manner and under the same conditions as provided by law for commissioners of a fire protection district organized under Title 52 RCW. ( 14 1 RFA Plan Revision: The GOVERNANCE section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. 15 ) 157 158 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 6: Organizational Structure/Operations Adopted: 11-04-09 Revised: 01-01-24 A. Reference: 1. The authority for the RFA to establish an Organizational Structure is provided in RCW 52.26.040. B. Activity/Operation: 1. The RFA shall be organized and managed, with leadership provided as show in Appendix "B" of the RFA Plan. 2. The RFA Administrative, Operations and Prevention Division shall be organized, and a chain of command be established in accordance with the organizational structure provided in Appendix "B" of the RFA Plan. 3. The Governing Board for the RFA shall be referred to as the Regional Fire Authority Governing Board, as identified in Appendix "B" of the RFA Plan. 4. Current staffing models, standards of coverage, deployment standards, field operations, command staffing, and operational policies and procedures shall continue at the current level of service on the Effective Date. 5. Puget Sound Fire will operate pursuant to its adopted Standards of Coverage, which defines services, levels of service, standards of coverage, development standards and customer expectations of the RFA. RFA Plan Revision: The ORGANIZATIONAL STRUCTURE/OPERATIONS section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 16 ) PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 7: Financial Adopted: 11-04-09 Revised: 01-01-24 A. Reference: 1. The authority to provide funding and levy taxes for the RFA is provided by RCW 52.26.050, RCW 52.26.120, RCW 52.26.140 - .180, RCW 52.30.020, chapter 84.52 RCW and chapter 84.55 RCW. 2. The authority and mechanism for the collection of taxes and the benefit service charge shall be in accordance with RCW 52.26.170, RCW 52.26.200 - .270 B. Revenues/Funding: 1. Pursuant to the original approved RFA Plan, funding for the RFA is based on a property tax not to exceed $1.00 per thousand of taxable assessed value and a benefit service charge on all improved properties within the RFA service area based upon the general formula and methodology set annually by the RFA Governing Board. 2. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW 52.26.300, the initial property tax levy rate shall be calculated pursuant to the rule established under WAC 458-19-035. 3. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW 52.26.300, the benefit charge shall be applied within the boundaries of the Participating Jurisdiction based on the currently adopted Puget Sound Regional Fire Authority benefit charge formula on file with the Puget Sound Regional Fire Authority. 4. The initial tax levy and benefit charge in the Participating Jurisdiction shall occur in the year of formation provided the effective date of the annexation occurs prior to August 1, pursuant to RCW 84.09.030. If the effective date occurs after such date, the initial property tax levy and benefit charge shall not be made within the boundaries of the Participating Jurisdiction until the year following the Effective Date and the Participating Jurisdiction shall continue to pay for services for the first year of annexation in the ( 17 ) 159 160 manner established by agreement between Puget Sound Regional Fire Authority and the Participating Jurisdiction. 5. To the extent permitted by law, the RFA shall contract with agencies and entities exempt from property taxes in accordance with RCW 52.30.020 and related statutes. 6. The Governing Board shall have the authority to pursue all additional revenue sources authorized by law including but not limited to revenue sources specifically identified in Title 52 RCW that are not otherwise addressed in chapter 52.26 RCW. 7. The RFA shall pay all costs of continued operation of King County Fire Protection District No. 37 subsequent to the formation of the RFA C. Financial Assets Transferred: 1. Transfers of Real Property. a. The following real property owned by the City of Tukwila shall be transferred in fee simple determinable subject to an automatic reversionary interest, meaning Tukwila is conveying property "so long as" certain conditions are met, to the RFA, or leased to the RFA, as specified below: i. Station 51: The City of Tukwila shall retain ownership of the real property on which Station 51 is located and shall lease Station 51 to the RFA for 50 -year terms at the rate of $1 per year. As conditions of the lease, the RFA shall assume 100% of the maintenance costs and shall use Station 51 to deploy RFA response units, subject to any other interests in the property. ii. Station 52: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. Further, Tukwila shall retain the right to access and use the following areas of Station 52: (a) the "212 EOC Storage" closet; (b) the "210 Training Room" as the City's backup Emergency Operations Center on a 24/7 basis and at any time without notice in the event of an emergency and until termination of the emergency event, and as a public meeting space up to twenty (20) hours per calendar week, provided RFA staff is on-site to facilitate such use; and (c) the "213 HAM" closet for storage of ham radios and related equipment. iii. Station 53: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. iv. Station 54: City of Tukwila shall retain ownership of the real property on which Station 54 is located and shall lease Station 54 to the RFA for a 15 -year term at the rate of $1 per year. As conditions of the lease, the RFA shall assume 100% of the maintenance costs and shall use Station 54 to deploy RFA response units. Before the end of year 10 (December 31, 2034), either Tukwila or the RFA shall provide notice to the other party, indicating whether the lease will expire December 31, 2039, or be renewed for an additional term subject to conditions to be mutually negotiated by the parties. 2. Transfers of Personal Property. a. The City of Tukwila transferred its fire department related personal property to the RFA by separate interlocal agreement and no additional transfers of City personal property are required. D. Liabilities: 1. On the date of formation, the RFA shall assume the following liabilities of the City of Tukwila. a. Routine, regular maintenance, major repairs, capital improvements, and utilities costs consistent with Section 5 of the separate interlocal agreement. 2. The City of Tukwila shall retain the following liabilities: a. The City of Tukwila will keep the liability for retired and active LEOFF 1 Tukwila Fire Department FTE's to include medical and long term care insurance payments and any other expenses incurred by the Tukwila Fire Department LEOFF 1 personnel in accordance with the City of Tukwila LEOFF 1 Policies and Procedures consistent with Section 6.4 of the separate interlocal agreement. b. The City of Tukwila shall remain responsible for all outstanding debt related to the construction and improvement of Fire Stations 51 and 52 transferred under Section 7.C.1.a.i and ii of this Plan. c. The City retains the obligations established in the City of Tukwila and IAFF Local 2088 Collective Bargaining Agreement (CBA) Memorandum of Understanding (MOU) concerning the Retirement Management Plan (RMP) for participants that retired prior to January 1, 2023, consistent with Section 6.5 and Exhibit K of the separate interlocal agreement. d. The City shall indemnify, defend, and hold the RFA harmless from any and all demands, claims, or actions by former City Personnel, which arise out of, or ( 19 ) 161 162 relate to, the City Personnel's employment prior to January 1, 2023, consistent with Section 6.6 of the separate interlocal agreement. RFA Plan Revision: Subject to any statutory requirements for voter approval, the FUNDING section of the Puget Sound RFA Plan, including the benefit charge funding formula and methodology, is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 20 ) PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 8: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit Adopted: 11-04-09 Revised: 01-01-24 A. Reference: 1. The authority for the RFA to establish and provide Fire Prevention, Public Education, Emergency Management and Fire Investigation components is provided in RCW 52.26.040, RCW 52.26.090(2), RCW 52.12.031 (3), (6) and (7) and chapter 39.34 RCW. B. Activity/Operation: 1. SERVICE PROVIDERS FOLLOWING 2023 RFA PLAN EFFECTIVE DATE: 1.1. FIRE PREVENTION SERVICES a. On the effective date of the 2023 RFA Plan, Fire Prevention Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Fire Prevention Services to the City of Kent pursuant to an interlocal agreement. (ii). Within the City of Covington. The RFA will provide Fire Prevention Services to the City of Covington pursuant to an interlocal agreement. (iii). Within the City Tukwila. The RFA will provide Fire Prevention Services to the City of Tukwila pursuant to an interlocal agreement. (iv). Within unincorporated King County. King County shall provide Fire Prevention Services, unless the RFA enters into an interlocal with King County to provide such services. (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. ( 21 ) 163 1.2. FIRE INVESTIGATION SERVICES: a. On the effective date of the 2023 RFA Plan, Fire Investigation Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Fire Investigation Services to the City of Kent pursuant to an interlocal agreement. (ii). Within the City of Covington. The RFA will provide Fire Investigation Services to the City of Covington pursuant to an interlocal agreement. (iii). Within the City Tukwila. The RFA will provide Fire Investigation Services to the City of Tukwila pursuant to an interlocal agreement. (iv). Within unincorporated King County. King County shall provide Fire Investigation Services unless the RFA enters into an interlocal with King County to provide such services. (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 1.3. EMERGENCY MANAGEMENT SERVICES. a. On the effective date of the 2023 RFA Plan, Emergency Management Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Emergency Management Services to the City of Kent pursuant to an inter -local agreement. (ii). Within the City of Covington. Covington shall remain the provider of Emergency Management Services. (iii). Within the City Tukwila. Tukwila shall remain the provider of Emergency Management Services. (iv). Within unincorporated King County. King County shall remain the provider of Emergency Management Services. (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 1.4. PUBLIC EDUCATION SERVICES. a. On the effective date of the creation of the RFA, the RFA shall provide Public Education Services throughout the jurisdiction of the RFA. 164 ( 22 b. The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 2. PROVISION OF SERVICES. a. The RFA Fire Prevention and Emergency Management Divisions shall be organized as provided in Appendix B of this RFA Plan. b. The City of Kent shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Kent. c. The City of Covington shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Covington. d. The City of Tukwila shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Tukwila. e. The City of Kent, the City of Covington and the City of Tukwila shall retain code enforcement authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the interlocal agreements, shall provide the necessary legal and police support for enforcement of code enforcement issues. f. The City of Kent, the City of Covington and the City of Tukwila shall retain fire investigation authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the interlocal agreements, shall provide the necessary legal and police support for enforcement of fire investigation issues. g• The City of Kent, the City of Covington and the City of Tukwila shall retain emergency management authority in accordance with Washington State Law and, except as provided in the interlocal agreements, shall provide legal and police support as needed to provide emergency management services. RFA Plan Revision: The FIRE PREVENTION, EMERGENCY MANAGEMENT, PUBLIC EDUCATION AND FIRE INVESTIGATION UNIT section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 33 1 165 inreprtty. • psr S"ation nnouauon. pSF 'Service Area incl union Service. APPENDIX A Jurisdictional Boundaries PUGET SOUND REGIONAL FIRE AIJTHCIPITY Service Area Unir fCQ4!pQrrl ed CQUnl y' Maple Valley** Fd qF u I4 2 Miles r a r 166 GWrs R. vat's. Lam 63 Kevtem 01.11 CROMII soOsa • South King County Fire Training Consortium • APPENDIX B Organizational Structure RFA Organizational Chart Overview Updated: 0310612023 Aaron Tyennan CRR Deputy Chief • • Emergency Management • Fire Prevention • Public Education • Community Relations • FD CARES Brian Carson Fire Chief Mark Jones Fleet/Facilities Deputy Chief • Facilities • Fire Garage Consortium (. Executive Assistant ) Dan Conroy Assistant Chief of Operations Sean Penwell Strategic Resource Management Deputy Chief • Information Technology • Logistics • Performance Measurement Lavine Brennecke Fnance Diredar . Finance Pat Elis Crisis Intervention Coordinator/Chaplain . Assistant and Volunteer Chaplains • District Chief A Shift Battalion Chief A Shift (3) ICaptains (20) Engineers/ Frefrghters (48) District Chief D Shift Battalion Chief B Shin (3) Captains (20) Engineers/ Firefighters (48) District Chief C Shift Battalion Chief C Shift (3) Captains (20) Engineers' Firefighters (48) District Chief D Shift Battalion Chief D Shift (3) Captains (20) Engineers/ Firefighters (48) Jimmy Webb Training Division Deputy Chief Ken Goll Investigations Captain 1 . Fire Investigators 25 ) 167