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CAS Number: 03-046
Agenda Item Title:
Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
Fund Source (if known):
Meeting Date
4/14/03
Meeting Date
4/14/03
COUNCIL AGENDA SYNOPSIS
Meeting Date
4/14/03
Council
Prepared by
FI I1l1
ITEM INFORMATION
O3 -04C
Update on Regional Solid Waste Issues
Initials ITEM NO.
1 Mayor's review I Council review
I fl/4 I
I I
Original Agenda Date: April 14, 2003
Admin. Public Works
Severe budget cuts throughout King County have triggered a thorough review of County
operations. As a result, King County Solid Waste Division (KCSWD) has begun work to
address reductions, efficiencies and productivity improvements to the King County Solid
Waste System.
Information Only
Forward to Committee of the Whole for discussion.
RECORD OF COUNCIL ACTION
Action
APPENDICES
Attachments
Information Memo dated April 9, 2003 (Revised)
Utility Committee Meeting Minutes from April 8, 2003
To: Mayor Mullet
From: Public Works Director
Date: April 9, 2003
Subject: Regional Solid Waste Issues
ISSUE
Discussions are underway to address critical issues that will affect regional solid waste
programs and services.
BACKGROUND
Severe budget cuts throughout King County have triggered a thorough review of County
operations. King County Executive Sims has directed all County departments to become
more efficient, productive, and to significantly change the way they conduct business. As
a result of this mandate, King County Solid Waste Division KCSWD) has begun to work
on a new long -term solid waste business plan that addresses cost reductions, efficiencies,
and productivity improvements while executing the policies of the King County
Comprehensive Solid Waste Management Plan.
DISCUSSION
INFORMATION MEMO
In addition to the reduction in the size of KCSWD's workforce, improvements in
technology, and work process changes, the business plan addresses two significant
elements:
Investment in an intermodal facility. Within the next decade, the Cedar Hills
Landfill will close and a new solid waste disposal system from King County must
be identified. The 2001 Comprehensive Solid Waste Plan identifies two basic
options to handle waste disposal when Cedar Hills Landfill closes. First, invest in
a remote landfill outside of King County. Second, build an intermodal facility
that will broaden the access to a greater number of remote landfills. At this time,
there is considerable support to build an intermodal facility, rather than the
purchase of a remote landfill. King County currently has an option to purchase an
industrial site (outside of Tukwila!) for the intermodal facility.
Rental payments from the Solid Waste Fund to King County's Expense (General)
Fund. Because the Cedar Hills Landfill property is owned by King County and
not the Solid Waste Enterprise Fund, KCSWD will begin paying rent to the
County's Expense Fund for the use of the landfill starting in 2004. The rent will
be $7 million annually, escalating at approximately 6% per year
Mayor Mullet
Page 2
April 9, 2003
Tonnage:
through 2012. Additionally, KCSWD must deal with retroactive rental
obligations from 1992 through 2003, since it didn't pay rent during those years.
KCSWD's solution to the $7 million rental payment is under significant scrutiny by cities
that have adopted the 2001 Comprehensive Solid Waste Management Plan. A work
group consisting of Public Work Directors, electeds, and solid waste staff personnel have
met and discussed concerns on the impact that rental payment will have on the overall
solid waste program One of the most significant issues being discussed as a means to
save money is the reduction of self -haul services at the transfer stations.
Since the City has one of the highest self -haul rates in King County, changes in self -haul
operations and programs will definitely affect Tukwila residents. The Table below
depicts the high number of self -haul transactions at Bow Lake Transfer Station:
Transactions:
The high volume of self -haul activity significantly impacts the daily operations of King
County transfer stations. Additionally, the demands of self -haul will also require capital
improvements at the transfer stations. The work group will continue to discuss
alternatives and solutions to the challenges of the self -haul program. Staff will continue
to participate in the work group and will provide input prior to final implementation of
KCSWD's business plan.
RECOMMENDATION
(P.ilicc Solid Waste Update -KC)
Commercial Self -Haul Total
85,946 tons 27,923 tons 113,869
16,762 90,309 107,071
Present to the Committee of the Whole for information.
Utilities Committee
April 8, 2003
4. Water Utility Vehicle Early Purchase A 1994 van used by water maintenance requires
$10,000 of repairs. Rather than spend that, Public Works asked they be allowed to purchase a
utility vehicle scheduled to be bought in the future. Though the funding being used is
replacement funds for future purchases, that money will need to be replaced by year's end.
Committee approval to purchase water van in 2003.
ir 5. Reeional Solid Waste Issues King County Solid Waste has been looking for ways to cut
their budget recently. With staff layoffs and new efficiencies having been introduced, the county
looked further for savings. One ploy they found was to charge rent from Surface Water to the
General Fund to pay for the rent of Cedar Hills Landfill, which the General Fund bought in 1992.
Rent starts at $7 million/year in 2004, and escalates 7% a year until 2012. That plan is being
investigated by several cities that use county garbage facilities. One of the things the utility is
planning is building a rail access intermodal station to send their future garbage to remote
landfills. They currently are working on a site near Harbor Island for their station.
Another issue that may affect Tukwila is in looking for efficiencies, King County found that
although they make 85% of the transitions, self haulers only pay 25% of the revenues of a
transfer or garbage station. Tukwila has a very high self -haul rate, and those rates (as well as all
other rates) seem likely to rise in the near future. The committee briefly discussed whether this
could be a good time to start public information about costs and about possible mandatory
garbage pickup. Information.
IJ
Committee chair approval
CAS Number: 03-047
Agenda Item Title:
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if'mown):
Fund Source (if'mown):
Meeting Date
4/14/03
03 —041
Keith Haines, Chief of Police
Finanace and Safety
4/14/03
Meeting Date
4/14/03
COUNCIL AGENDA SYNOPSIS
Prepared bi'
K. Haines
ITEM INFORMATION
Original Agenda Date: 4/14/03
Unlawful Racing Ordinance
Council Admin. S.
Initials
Mayor's review
Racing has developed into a significant problem for Tukwila and our
region. Racers gather in large numbers and race on public and private
streets. They drive recklessly, disobey traffic laws and risk their lives
and the lives of others. This proporsed ordinance establishes "Stay Out
Of Areas Of Racing Orders" and a new crime, "Unlawful Race
Attendance
sORD;:OF COUNCIL ACTION4=
APPENDICES'
Attachments
Memo from Chief Haines dated 4/1/03
Finance Safety Committee Minutes dated 4/7/03
Draft ordinance
Council review
C.
ITEM Na
4. 3,
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Finance and Safety Committee
Through the Mayor's Office
Chief Keith Haines
April 1, 2003
Proposed Unlawful- Racing Ordinance
Racing has developed into a significant problem for Tukwila and our region. Racers
gather in large numbers and race on public and private streets. They drive recklessly,
disobey traffic laws and risk their lives and the lives of others. The racing we have
experienced in Tukwila is usually in our commercial business district and has lessened
with the temporary closure of South 180` Street. We believe that the racers will return
once South 180` reopens. We are putting forth this ordinance as a preventive measure to
keep racing from strongly returning to our city.
Our City Attorney, Bob Noe, has drafted the ordinance with input from our police
department on designated "No Racing Zones The ordinance is based on an ordinance
that has been in effect in Kent for more than a year. The Kent City Attorney's Office
believes that this ordinance has been a successful tool for them.
I plan to be in attendance at your next meeting along with Sergeant Bruce Linton to
discuss this proposal.
cc: City Attorney Bob Noe
Sgt. Bruce Linton
File
Finance and Safety
April 7, 2003
Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson
Keith Haines, John McFarland, Rhonda Berry, Officer Steve Forney, Alan
Doerschel, Jane Cantu, Lucy Lauterbach; Dennis Robertson
)1 (1. Unlawful Racing Ordinance Steve and Keith talked about the problems the City has had in
past years with racers using Tukwila streets to race on. Keith said they wanted to act before the
warm weather starts and before S. 180`h opens. Steve said there is a subculture of kids who
follow certain races. People come to watch the races, too, coming from as far as Bremerton and
Silverdale. If the City can ticket a person for racing and put a SOAR (Stay out of Areas of
Racing) order on them, that person can be arrested if he or she shows up again at a race. Because
people come to watch the races, police want to stop the watchers, which might be an attractant
for kids to race for. Richard asked if we could work with Kent, which already has an anti racing
ordinance. Keith said we couldn't, according to state law. Joe asked if we could fine the racers,
and Steve answered that the first ticket is a misdemeanor, and the city can impose any traffic fine
if they catch the racers breaking a traffic law. The second violation has stiffer penalties.
There are now groups of hundreds of cars at once on West Valley when there is a race. They pull
into the 7 -11 there, and trash the parking lot with beer bottles and trash. Dennis asked if the city
could impound cars, and John said he thought not. Some spelling errors need to be fixed in the
draft ordinance. Recommend ordinance to COW.
2. Replacement of Police Car Dave Haynes was rear ended while driving his police car home.
The car was totaled by a drunk driver who has no insurance. A new car will cost $22,500, and
needs to be purchased through the State by April 8` or April 2?'. Because funding is available
in the 501 equipment purchase fund, Alan said the committee could approve the purchase. The
City will pay only $1,000; the rest will come from insurance, though we'll try to get it repaid by
the driver. Committee approval of unbudgeted car purchase.
3. Southwest King_ County Chamber Contract John said it was late to get a contract from the
Chamber, but that the contract was the same as last year's contract. As the Tourism Marketing
branch of the Chamber is growing, the Chamber supports that function and acts as an
information system for other issues as well. The scope of services was fine with the committee.
Alan said the cost for the contract has not risen from $20,000 for several years. Recommend to
COW and Council for approval.
4. Council Operating Procedures Lucy introduced the ordinance updating the Council
operating procedures. It has been organized somewhat differently, and has been updated to
reflect current procedures. The committee went through the ordinance page by page, with Jane
providing commentary on several pages. They talked about removing the bid section in the
procedures, and about checking on whether we needed to add time to agenda items according to
a new state law. Dennis wanted to be sure speaking procedures included prohibiting people
addressing other people in the audience rather than the Council. Recommend ordinance to the
COW and Council for approval.
Section 1. Unlawful Race Attendance. A new chapter of the Tukwila Municipal
Code Chapter 8.72, entitled "Unlawful Race Attendance; is hereby established to read as
follows:
Sections;
8.72.010 Definitions.
8.72.020 Unlawful race attendance Prohibited.
8.71010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section shall
8.72.020 Unlawful race attendance Prohibited.
Any person (1) who has actual or constructive knowledge that they are in a
designated SOAR area between the hours of 10:00 p.m. and 4:00 a.m., and (2) who has
actual or constructive knowledge that an unlawful race event is occurring, has occurred,
or is about to occur, and (3) intends to observe or support or encourage the unlawful race
event, is guilty of a misdemeanor.
Section 2. Stay Out of Areas of Racing SOAR A new chapter of the Tukwila
Municipal Code, Chapter 8.73, entitled "Stay Out of Areas of Racing SOAR," is hereby
established to read as follows:
nfl
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
CREATING A NEW CHAPTER OF THE TMC, CHAPTER 8.72, RELATING
TO UNLAWFUL RACE ATTENDANCE; CREATING A NEW CHAPTER OF
THE TMC, CHAPTER 8.73, RELATING TO "STAY OUT OF AREAS OF
RACING ORDERS"; PROVIDING FOR SEVERABILTFY; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the racing of motor vehicles within the City presents issues of safety for
both participants and spectators, and
WHEREAS, in the interest of public health, safety, and welfare, the City Council
desires to make it unlawful for individuals to engage in racing or to attend unlawful races
within designated no racing zones;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Chapter 8.72 UNLAWFUL RACE ATTENDANCE
apply throughout this chapter.
A. "Public place" means an area, whether publicly or privately owned, generally
open to the public and includes, without limitation, the doorways and entrances to
buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys,
pla7as, parks, driveways, and parlcing lots.
B. "Unlawful race event" means an event wherein r willfully compare or
contest relative speeds by operation of one or more motor vehicles.
Racing 1
CHAPTER 8.73 STAY OUT OF AREAS OF RACING SOAR
Sections:
8.73.010 Stay Out of Areas of Racing Abbreviation.
8.73.020 SOAR orders.
8.73.030 SOAR orders Issuance.
8.73.040 SOAR orders Designated "No Racing Zones."
8.73.050 SOAR orders Violation.
8.73.010 Stay Out of Areas of Racing Abbreviation.
As used in this title, the acronym "SOAR" represents "Stay Out of Areas of Racing."
8.73.020 SOAR orders.
A SOAR order prohibits persons from engaging in racing or unlawful race
attendance within a no racing zone, as set forth in TMC 8.72.040, between the hours of
10:00 p.m. and 4:00 a.m.
8.73.030 SOAR Orders Issuance.
A. The municipal court may issue a SOAR order to arty person charged with racing,
unlawful race attendance, reckless driving associated with race activity, or trespass
associated with race activity as a condition of pre -trial release, sentence, or deferred
sentence.
B. A person is deemed to have notice of the SOAR order when:
1. The signature of either the person named in the order or that of his or her
attorney is affixed to the bottom of the order, which signature shall signify the person
named in the order has read the order and has knowledge of the contents of the order; or
2. The order recites that the person named in the order, or his or her attorney,
has appeared in person before the court at the time of issuance of the order.
C. The written SOAR order shall contain the court's directives and shall bear the
statement: "Violation of this order is a criminal offense under TMC 8.73.050 and will
subject the violator to arrest"
8.73.040 SOAR Orders Designated "No Racing Zones."
A. The SOAR order may apply to any of the following "No Racing Zones" between
the hours of 10:00 p.m. and 4.00 a m.•
1. Segale Business Park, including.
a. Andover Park West from Tukwila Parkway to Segale Drive C;
b. Segale Drive A;
c. Segale Drive B;
d. Segale Drive C;
e. Segale Drive D;
2. Southcenter South Business Park, including:
a. Todd Boulevard;
b. Olympic Avenue South;
c. Riverside Drive;
d. Glacier Street;
Racing 2
3. Andover Park Fast from Tukwila Parkway to South 180th Street;
4. Corporate Drive North;
5. Corporate Drive South;
6. Midland Drive;
7. Minkler Boulevard from Southcenter Parkway to 600 Industry Drive;
8. Strander Boulevard from Southcenter Parkway to West Valley Highway;
9. Triland Drive;
10. Upland Drive;
11. West Marginal Place from the 10000 block to the 11000 block; and
12. West Valley Highway from Southcenter Boulevard to South 190th Street.
B. These "No Racing Zones" include any highway, as that term is defined in RCW
46.04.197, together with adjoining property areas (such as sidewalks, entryways,
landscaped areas, and parking areas) if those adjoining areas are being used for racing or
unlawful race attendance regardless of whether such property is public or private. These
"No Racing Zones" shall be designated by the placement of clear and conspicuous signs
at all highway entrances to the no racing zone. At a minimum, these signs must include
the following statements: No Racing Zone; Race Attendance Prohibited; TMC 8.72.020.
8.73.050 SOAR Orders Violation.
A. In the event a police officer has probable cause to believe that a person has been
issued a SOAR order as a condition of pre -trial release or a sentence imposed by the court
and, in the officer's presence, the person is seen violating or failing to comply with any
requirement or restriction imposed upon that person by the court as a condition of his or
her pre -trial release or condition of sentence, the 'c may arrest the violator without
warrant for violation of the SOAR order and shall bring that person before the court that
issued the order.
B. When a SOAR order is issued pursuant to this chapter and the person so named
in the order has notice of the order, a violation of any of the provisions of the SOAR order
is a gross misdemeanor and shall be punishable by a fine not to exceed five thousand
dollars ($5,000) or imprisonment not to exceed more than one (1) year, or both.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4, Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2003.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Racing 3
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
CAS Number: 03-048
COUNCIL AGENDA SYNOPSIS
Initials
1 Meeting Date Prepared by 1 Mayor's feview 1 Council review 1
I 4/14/03 ARD 1 Aair I lyC, 1
1
1
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I I I
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Original Agenda Date: 4/14/03
Agenda Item Title: Southwest King County Chamber Contract for 2003
Original Sponsor: Council Admin. X
Timeline: Approve at April 28, 2003 Regular meeting.
Sponsor's Summary: Annul contract for services from Southwest King County Chamber See attachments.
Recommendations:
Sponsor: Approve as submitted
Committee: Finance Safety Moved forward to April 14, 2003
Administration: Same as sponsor
Cost Impact (if known): $20,000
Fund Source (if known): Hotel/Motel Tax Fund Budget
1 Meeting Date
4/14/03
a 0:4 0;0 :er
Action
Meeting Date 1 Attachments
4/14/03 I Staff report dated April 3, 2003
4/14/03 I Proposed agreement
4/14/03 I Finance Safety minutes from April 7, 2003 meeting.
ITEM No.
,A
To: Finance Safety Committee
From: Alan R. Doerschel q -4
Date: April 3, 2003
Subject: Southwest King County Chamber Contract
The attached contract proposal with the Southwest King County Chamber is
basically the same as 2002. There is an expanded role for the Chamber
regarding Tourism Marketing. Since the funding is paid from the 101 Fund
Hotel/Motel Tax, it is appropriate to increase this effort within the services level
provisions.
THIS AGREEMENT is made and entered into this day of 2003 between the
City of Tukwila, a municipal corporation, hereinafter referred to as the CITY, and the Southwest
King County Chamber of Commerce, hereinafter referred to as the CONTRACTEE.
WITNESSETH:
In consideration of the mutual agreements herein contained, the CONTRACTEE agrees to
furnish the CITY professional services for the period commending January 1, 2003 and ending
December 31, 2003.
1. Attached hereto and incorporated by this reference is a description and definition of
the services to be provided under this agreement. For performance of said services,
the City shall pay to the CONTRACTEE the sum of twenty thousand dollars
($20,000).
2. It is agreed and understood by and between the parties hereto that this agreement does
not create an employer /employee relationship and the CONTRACTEE shall accrue
none of the benefits commonly associated with an employee /employer relationship.
3. Either party may terminate this agreement upon the written notice of termination.
Such termination shall be effective immediately, provided that such termination shall
not release the CONTRACTEE of the responsibility to complete faithfully any work
then in progress, unless the written notice so provides.
IN WITNESS WEREOF, we have signed the agreement on the day and year written above.
CITY OF TUKWILA SOUTHWEST KING COUNTY
CHAMBER OF COMMERCE
APPROVED AS TO FORM:
Office of the City Attorney
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor
CITY OF TUKWILA
CONTRACT FOR SERVICES
Phone: 206- 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us
STANDARD SERVICES
SOUTHWEST KING COUNTY CHAMBER OF COMMERCE
CITY OF TUKWILA
2003 SCOPE OF SERVICES
SERVICE A
At the City's request or on Chamber initiative, assist the City with coordinating and promoting projects and
events designed to enhance economic development. The Chamber will participate as a committee
member; provide rese rch materials from other economic development agencies; and assist with staffing
as requested.
SERVICE B
The Chamber will serve as an information center, responding to inquiries received locally and from around
the world with regard to relocating, locating a business, demographic information, City projects, facilities,
issues, and services. All inquiries will be tracked by type and origin; fulfillment will be within ten working
days.
SERVICE C
The Chamber will serve as an information center, track and forward all visitor information inquiries
received locally and from around the world with regard to visitor information packet requests, general
tourism inquiries, hosting a meeting or special event, group travel leads, hotel reservations, tour groups,
etc. to Seattle Southside Visitor Services. Chamber will work with Seattle Southside Visitor Services to
develop mutually agreed upon procedure for handling referrals.
SERVICE D
At the City's request or on Chamber Initiative, assist the City in coordinating and promoting projects and
events designed to enhance support and enthusiasm and foster a spirit of community within the City (such
as a city-wide clean -up effort; encourage businesses to keep their properties clean and litter free). The
Chamber will participate as a member of the Equity and Diversity Commission.
SERVICE E
Upon the City's request, the Chamber will assist in the development, distribution, and display of
publications and promotional pieces, community profiles, maps, and other items.
SERVICE F
The Chamber will establish an Internet link between the City and Chamber web pages to better serve
relocation prospects and businesses.
SERVICE G
Advise and assist members of Tukwila's Domestic Violence Committee and support and coordinate with
the City to promote ending domestic violence for the City of Tukwila.
SERVICE H
The Chamber will serve as liaison between the City and the business community with regards to Issues
such as the implementation of growth management requirements, the Regional Transit Project, the
Commute Trip Reduction Law, Six -Year Parks and Open Space Plan, and other major issues affecting
business.
SERVICE I
The Chamber will assist the City with promotion and maintenance of the Highway 99 Action Committee.
SERVICE J
Until directed otherwise by the City, the Chamber will continue to strive to build partnerships, between the
residents the businesses, the City, and local school districts.
Finance and Safety
April 7, 2003
Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson
Keith Haines, John McFarland, Rhonda Berry, Officer Steve Forney, Alan
Doerschel, Jane Cantu, Lucy Lauterbach; Dennis Robertson
1. Unlawful Racing Ordinance Steve and Keith talked about the problems the City has had in
past years with racers using Tukwila streets to race on. Keith said they wanted to act before the
warm weather starts and before S. 180` opens. Steve said there is a subculture of kids who
follow certain races. People come to watch the races, too, coming from as far as Bremerton and
Silverdale. If the City can ticket a person for racing and put a SOAR (Stay out of Areas of
Racing) order on them, that person can be arrested if he or she shows up again at a race. Because
people come to watch the races, police want to stop the watchers, which might be an attractant
for kids to race for. Richard asked if we could work with Kent, which already has an anti racing
ordinance. Keith said we couldn't, according to state law. Joe asked if we could fine the racers,
and Steve answered that the first ticket is a misdemeanor, and the city can impose any traffic fine
if they catch the racers breaking a traffic law. The second violation has stiffer penalties.
There are now groups of hundreds of cars at once on West Valley when there is a race. They pull
into the 7 -11 there, and trash the parking lot with beer bottles and trash. Dennis asked if the city
could impound cars, and John said he thought not. Some spelling errors need to be fixed in the
draft ordinance. Recommend ordinance to COW.
2. Replacement of Police Car Dave Haynes was rear ended while driving his police car home.
The car was totaled by a drunk driver who has no insurance. A new car will cost $22,500, and
needs to be purchased through the State by April 8` or April 22 Because funding is available
in the 501 equipment purchase fund, Alan said the committee could approve the purchase. The
City will pay only $1,000; the rest will come from insurance, though we'll try to get it repaid by
the driver. Committee approval of unbudgeted car purchase.
3. Southwest King County Chamber Contract John said it was late to get a contract from the
Chamber, but that the contract was the same as last year's contract. As the Tourism Marketing
branch of the Chamber is growing, the Chamber supports that function and acts as an
information system for other issues as well. The scope of services was fine with the committee.
Alan said the cost for the contract has not risen from $20,000 for several years. Recommend to
COW and Council for approval.
4 Council Ooerating Procedures Lucy introduced the ordinance updating the Council
operating procedures. It has been organized somewhat differently, and has been updated to
reflect current procedures. The committee went through the ordinance page by page, with Jane
providing commentary on several pages. They talked about removing the bid section in the
procedures, and about checking on whether we needed to add time to agenda items according to
a new state law. Dennis wanted to be sure speaking procedures included prohibiting people
addressing other people in the audience rather than the Council. Recommend ordinance to the
COW and Council for approval.
CAS Number: 03-049
Agenda Item Title:
Original Sponsor: Council x Admin.
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if N/A
Fund Source (if known)
Meeting Date
4/14/03
Meeting Date
4/14/03
4/14/03
4/14/03
COUNCIL AGENDA SYNOPSIS
Initials
Meetinq Date Prepared by 'Mayor's review' Council review 1
4/14/03 LL L A. I MC. I
I I I
1 I I
I I I
ITEM INFORMATION
Original Agenda Date: 4/14/03
03 -O4
Ordinance Setting Council Meeting Procedures
An ordinance amending current Council operating procedures has been drafted.
Because it cleans up years of past amendments, many ordinances are repealed. The
ordinances being repealed are available in Lucy's office but are not included here.
Review draft ordinance
Finance and Safety recommended ordinance April 8, 2003
Same as sponsor
RECORD OF COUNCIL ACTION
Action
APPENDICES
Attachments
Memo from L. Lauterbach dated April 10, 2003
Draft ordinance showing changes; clean draft ordinance
Finance and Safety Committee minutes 4/7/03
ITEM NO.
4 a
To: City Council
From: Lucy Lauterbach
Date: April 10, 2003
Subject: Council Oneratinn Procedures Ordinance
This ordinance has been a long time in the making. The changes in the ordinance are shown here
with underlines. bold (new Ian ua e and The main changes made
were in updating the ordinance to reflect current practices of the Council. It has been
reorganized to flow more coherently, and the compensation portion of the ordinance was
removed and put into a separate ordinance.
One of the issues raised in Finance and Safety's discussions was whether a proposed state law
mandated setting times on agendas. That bill did not pass, so we have not included it as a
mandate here. Another issue was executive sessions, which we now hold on both regular and
COW meetings; language was added to specifically include COWs.
A third issue was the section on bid awards. In days of old, it was the Council which apparently
called for bids, but they have not done so for a very long time. Rather than amending the City
Clerk or Public Work sections of the TMC, I added the provisions contractors and bids must
follow (Title 39 of the RCW). It is addressed nowhere else in the TMC, and the City Attorney
thought it should be.
Finally, issues of policy such as speaking procedures including not addressing audience members
when speakers address the Council; and committee chairs approving any meeting cancellations,
are included. Other changes are clarifications or updates. If this meets with your approval, it can
be forwarded to the April 21 meeting for adoption.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA,WASHINGTON, SETTING
COUNCIL MEETING PROCEDURES AND REPEALING
SECTION 1 of ORDINANCE 1770, and ORDINANCE
NUMBERS 1637, 1431, 1421 AND 1311;
WHEREAS, the City Council has decided to alter the procedures under which it operates to
provide for a more efficient and orderly governmental process, and
WHEREAS, several different ordinances from various years now have portions of operating
procedures that could more easily be followed in one ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF TUKWILA, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1 City Council Membership and Meetings
2.04.005 City Council Members The Tukwila City Council shall he comprised of seven
members, elected to 4 -year terms at hiennial municipal elections Candidates run for specific
open Council positions, and are voted on at large, as provided in RCW Chapter 15A.17.
City Council Meetings
All meetings of the Tukwila City Council and its
committees shall be open and public and all persons shall be permitted to attend any meeting of
these bodies, except as otherwise provided in Section 2.04.40.
2.04.020 Regular Meetings. The City Council shall meet regularly on the first and third Mondays
of each month at 7:00 p.m. except if at any time any regular meeting falls on a holiday, the Council
shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City
Hall, unless otherwise publicly announced.
i• 1 1 u••,' t• •I•I
Additions to current ordinance
Dcicti�ua l
2.04.010 Committee of the Whole Meetings
A. The Council shall sit as a Committee on the second and fourth Monday of each month
at 7:00 p.m. except if at any time any committee meeting falls on a holiday, the Council
shall meet on the next business day at the same hour. The City Council shall meet at
Tukwila City Hall, unless otherwise publicly announced.
B. Meetings of the Committee of the Whole shall be held primarily for the purpose of
considering current issne problems of the City, coordinating the work of the City Council,
and discussing draft ordinances, resolutions and policy issues in detail. The
4/10/03 1
Committee of the Whole will have no power to take final actions such as voting on a
'notion, adopting ordinances or passing resolutions
C. The Committee of the Whole may can meet in a retreat setting to plan their work at the
beginning of the year, or at any time beneficial to in -depth deliberations by the Council.
Results of the Committee of the Whole's retreats will be discussed i ii a juiut with
the mayor and administration in order to establish and understand inutual city goals. A
report summarizing the proceedings will be made available following each retreat
Nn off ial action will he taken at a retreat.
2. 04.40 Special Meetings Special meetings may be called by the Mayor or any three Council
members by written notice delivered to each member of the Council at least 24 (twenty-four) hours
before the time specified for the proposed meeting.
2 04 050 Quorum At all meetings of the City Council, four members shall constitute a quorum
for the transaction of business
2 04.060 Seating
A. Members of the City Council will be seated at the Council table according to seniority
of the Council, except the Council President will be seated at the right of the Mayor.
B. Seniority shall be determined by:
1. Greatest consecutive number of years served.
2. Consecutive number of years plus broken service years.
3. Number of votes when elected.
11 1 i 1 s 1 i •u11
A. At the first regular meeting in January of each year, members of the City Council shall
elect from their number a Council President who shall hold office at the pleasure of the Council.
B. In the absence of the Mayor, the Council President shall become the Mayor Pro
Tempore and perform the duties of the Mayor except that he /she shall not
have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in
the office of the Mayor, the City Council, at their next regular meeting, shall elect from their
number a Mayor, who shall serve until a Mayor is elected and certified at the next municipal
election.
2 04.050. Presiding officer
A. All regular and special meetings of the City Council shall be presided over by the
Mayor, or in his/her absence, by the Mayor Pro Tempore If neither the Mayor nor the Mayor Pro
Tempore is present at a meeting, the presiding officer for that meeting shall be elected by a majority
of the vote of those Council members present, provided there is a quorum
B. All Committee of the Whole meetings shall be presided over by the Council President.
In the Council President's absence, the Council shall elect a Council member to serve in that
capacity until the Council President retums.
4/10/03 2
C The City Clerk, or his /her designee will staff Regular and Special Council meetings
and Committees of the Whole In the absence of the Clerk, a Deputy Clerk or other qualified staff
member appointed by the Clerk, Mayut, V. Cuw&i.. u) perfo.... tl.c dulico of 1.1...k at auult
...e�ti.. t,. the Mayor or Council may appoint a staff person to act in that capacity:
D. The appointment of a Council Member as Mayor Pro Tempore u. Cl erk
shall not in any way abridge his/her right to vote on matters coming before the Council at such
meeting.
E. The presiding officer shall preserve strict order and decorum at all meetings of the
Council. The presiding officer shall state all questions coming before the Council, provide
opportunity for discussion nn each item from the floor, and announce the decision of the Council
on all subjects. Procedural decisions made by the presiding officer may be overruled by a majority
vote of the Council.
Section 2 City Council Meeting Procedures
I' 1 •i 1 t• 1 u••
All items to be included on the agenda for Council consideration must be submitted to the City
preceding each Council
or Committee of the Whole Meeting. The City Clerk shall then prepare a proposed agenda, with
attachments, according to the order of business. After the proposed agenda has been approved by
the Council President, or in his/her absence, by his/her designated the acaiu1 member of the City
Council, the City Clerk shall prepare the final agenda, which shall be distributed to the Mayor,
Council Members, City Attorney and Department Heads no later than 12:00 p.m. on the Friday
preceding the Council Meeting. A copy of the agenda and subsequent documents shall be posted
on the bulletin board at City Hall. Minut V picviuua 11111111.1 CC kJ f fl it Wllulc i1ILctu% bliall
a aslaLlo w i l l t i,, u
Clerk in full by 12:00 noon on the
1 1 1. V
2 04.100 APenda Format
The format of a Regular or Special City Council agenda shall be as follows:
A. Call to Order.
B. Pledge of Allegiance.
C. Roll Call.
D. Special presentations on key agenda items.
E. Appointments and proclamations of the Mayor.
F. Citizen's Comments. To give the audience a chance to comment on items not listed on
4/10/03 3
the agenda.
G. Consent Agenda.
1. Contains all consent agenda items approved by the Council President or
forwarded by unanimous committee action or from a Committee of the Whole and
routine items such as, but not limited to, approval of minutes and approval of
vouchers No ordinances; resolutions; hid awards; nr contracts over S50,OOQ
can he included nn the cnnsent agenda.
2. The following rules shall apply to the consent agenda:
a. Any member of the City Council may, by request and without a
council vote. have any items removed from the consent agenda. That item
will by automatic procedure be forwarded under new business for further
discussion.
b. The remaining items shall be approved by motion.
H. Bid Awards. All competitive bid awards shall comply with RCM/ Title Z and those
that require Council approval Shall include the contractor /vendor name, the project
name, and the total dollar amount of the award. The award may or may not
include Washington State Sales Tax,
I. Public Hearings.
1. For public hearings required by City, State or Federal law or as the Council may
direct. Examples may it bhall include, but not be limited to:
a. LID
b. Zoning
c. Budget
d. Revenue sharing grants
e. Annexation
f. Moratoria
g. Land use actions such as short plats
h. Quasi- judicial decisions
2. The following procedures shall apply to public hearings, except public hearing
subject to TMC Chapters 18.104 to 18.116, which shall be subject to the procedures
specified therein:
a. The presiding officer may exercise a change in the procedures, but
said decision may be overruled by a majority vote of the City Council.
b. The proponent spokesman shall speak first and be allowed 15 minutes.
The Council may ask questions.
4/10/03 4
c. The opponent spokesman shall be allowed 15 minutes for
presentation and the Council may ask questions.
d. Each side shall then be allowed 5 minutes for rebuttal.
e. After the proponents and opponents have used their speaking time,
Council may ask further questions of the speakers, who may respond.
3. At public hearings and for issues requiring a public meeting where a general
audience is in attendance to present arguments for or against a public issue:
a. A sign up sheet for speakers will he available, and all citizens
considering speaking will he asked to write their name and address
legibly_ If they speak without signing up, they will he asked to sign in
after speaking,
b. A person may speak for 5 minutes. No one may speak for a second time
until everyone wishing to speak has had an opportunity to speak.
c. After the speaker has used the allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in further
debate.
d. The hearing will then be closed to public participation by Council
'notion and open for Councilmanic discussion.
e. Speakers should address their comments to the City Council and
should not address other audience members
J. Old 1Jnfiniched_Rusiness. This section of the agenda shall include items of a general
nature, including resolutions and ordinances previously discussed at a Council meeting.
The following procedures shall apply during this section of the agenda:
1. The Committee rhairpersnn_ sponsor or a designated spokesman of each item
will give a presentation.
2. The Council may then question the sponsor or designated spokesman of the
presented item.
3. A motion at this time will be in order:
a. If a resolution or ordinance, the City Attorney or chairperson may read
the item by title only, or if requested by any Council member, the document
may be read in its entirety. A motion by Council shall rule.
b. The Council, by motion, will dispense with the resolution or ordinance.
4/10/03 5
K. New Business.
c. All other items will be dispensed with by Council motion.
This section of the agenda shall include all items of a general nature, including
resolutions and ordinances previously discussed at a committee meeting and put
forward to the Regular Meeting, and items that have been removed from the consent
agenda. The procedures that applied during this section shall be the same as those
under Unfinished 61d- Business.
L. Reports. Reports on special interest items from the Mayor, City Council, staff, City
Attorney, and intergovernmental representatives.
M. Miscellaneous.
7. 04.110 Miscellaneous Agenda Procedures
A. The City Council desires to provide adequate time for administration and staff analysis,
fact finding and presentation.
1 Items to come before the City Council should first be placed on the agenda of the
appropriate committee for discussion before they are placed on the agenda of a
Regular Council Meeting.
2. All items that are not routine in nature and presented shall include a completed
Council Agenda Synopsis (CAS), staff report, and committee minutes The City
Clerk or a designated person shall be responsible for attaching a CAS number,
keeping the original CAS and an index for future reference.
B. The agenda and provision for the Committee of the Whole shall be committee reports,
discussion of items referred from committees, items referred by three Council members, and
items set by the Council President. The agenda and any attachments will be approved by the
Council President or his /her designee, and shall be prepared by the City Clerk for
distribution to the Council by noon on Friday.
C. Items may be placed directly on the agenda of a Regular meeting when the items are
approved by the Council President, and
1. The items are routine in nature such as approval of vouchers, proclamations,
acknowledgement or receipt of petitions or documents, or discussion of claims for
damages.
2. An emergency condition exists that represents a personnel
hazard or risk of immediate financial loss. In such instances, the CAS
summary or staff memo icquinnd by TMC 13. should
clearly define why the special procedure is necessary.
4/10/03 6
3. In the event the sponsor of any items to come before the City Council feels it
both appropriate and beneficial to the City, he or she may bring such items directly
to the Regular Meeting with the concurrence of three Council members for Council
deliberation on the appropriateness of that item being placed on the agenda.
D. The Council President may affix an approximate time limit for each agenda item at the
time of approval of the agenda.
E. All proposed ordinances and resolutions shall be reviewed by the City Attorney and
bear her or his certification that they are in correct form prior to its final passage. All
accompanying documents shall be available before ordinances and resolutions can be
passed.
F. Resolutions of the City Council shall be signed by the Council President.
G A joint resolution of the City Council and the Mayor may be proposed when:
1. The subject of the resolution is of broad city concern, and the subject contains
Council policy and administrative procedure; or
2. The subject of the resolution is of a ceremonial or honorary nature.
H. Joint resolutions will be subject to the voting rules in this
ordinance and will be signed by the Mayor and Council President. The Council may
provide for all Council members signing the joint resolution enacted under 2.04.110 G.
2.04.120 Speaking Procedures
A. Speaking procedure for agenda items under consideration is as follows:
1. A Council member desiring to speak shall address the chair and upon recognition
by the presiding officer shall confine him/her self to the question under debate.
Recognition of Council members shall be by seniority.
2. Any member, while speaking, shall not be interrupted unless it is to call him or
her to order.
3. No Council member shall speak a second time on the same motion before
opportunity has been given each Council member to speak on that motion.
B Addressing the Council for items under Council discussion shall proceed as follows:
1. Any person, with the permission of the presiding officer, may address the
Council, but the presiding officer shall be required to recognize speakers in the
following order:
a. A person designated by the presiding officer to introduce the subject under
discussion.
4/10/03 7
Section 2.04.110_ Voting,
b. Those whose request to be heard is contained in the written agenda.
c. Those who have submitted their request to be heard in writing or to the
City Clerk before the Meeting.
d. Those who ask recognition from the floor.
2. In addressing the Council each person shall stand and, after recognition, give
name and address, and unless further time is given by the presiding officer, shall
limit his or her address to five minutes. All remarks shall be made to the Council as
a body and not to any individual member, or to any member of the audience
3. No person shall be permitted to enter into any discussion from the floor without
first being recognized by the presiding officer.
4. Any person making personal, impertinent or slanderous remarks while
addressing the Council shall be barred from further audience participation by the
presiding officer unless permission to continue is granted by a majority vote of the
Council.
A. Silence of a Council member during a voice vote shall be recorded as an affirmative vote
except where such a Council member abstains because of a stated conflict of interest. Each
member present must vote on all questions before the Council and may abstain only by
reason of conflict of interest.
B. A roll call vote may be requested by the presiding officer or any member of the Council.
Voting normally shall be by seniority, however, this procedure may be changed by the
presiding officer.
C. Confirmations of appointments by the mayor, budget transfers, personnel levels and formal
motions, resolutions, ordinances and amendments thereto shall require the affirmative votes
of four Council members.
Section 2.04.140 Executive sessions, The City Council may hold an executive session during a
regular meeting, special meeting Dr Committee of the Whole meeting to consider certain matters
as set forth in RCW 42. 30.110.
7. 04.150 Continuances Any hearing being held or ordered to be held by the City Council may be
continued in the manner as set forth by RCW 42. 30.100.
7. 04.160 Adjournment
A. Any regular, adjourned regular, special or adjourned special meeting may be adjourned
in the manner as set forth in RCW 42. 30.090.
4/10/03 8
B. Council meetings shall adjourn no later than 11:00 p.m. If the Council desires to extend
the meeting, a motion shall be required of a majority plus one vote of Council members
present. Items not acted on by the 11 :00 p.m. deadline shall be deferred to the next
respective Council meeting as old business, unless Council, by a majority vote of members
present, determines otherwise.
Section 2.04.170 Questions of parliamentary procedure Questions of parliamentary procedure
not covered by this chapter shall be governed by Robert's Rules of Order, Newly Revised
(latest edition).
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Section 3 City Council Committees
2.04.1 R0 Connell Committees and Representatives
A. There are established tiic fulkowing four standing committees of the Council that shall
consist of three members each. The Council President shall appoint the membership of
each committee and the committee chairpersons by the second regular meeting of each
year. The chairperson for each committee shall set the schedule of meetings and cause
them to be published In the event a committee member is unable to attend a
meeting, he /she will ask another Connell member to attend in the absent member's
place. The committee chairpersons shall set the agenda of the committee meetings. The
standing committees shall consider and may make policy and legislative
recommendations to the City Council on items referred to the committee by the Council
President, the Council, administrative departments, boards or commissions. If budgeted
in an amount less than or equal to $25,000, a committee can approve a bid or
negotiation award by an affirmative vote of three committee members. If a unanimous
committee vote is not obtained, the award will be referred to the City Council for action.
The standing committees, their scopes of authority and the supporting city departments
are as follow:
1. Transportation Committee, which shall consider matters related to transportation,
transportation plans, traffic, transit, streets, street lighting, signals, street LIDs, and
rights of way in coordination with the Public Works Department a,.d D 1.4) mt,nc
2. Utilities Committee, which shall consider matters related to water; sewer;
electric power; natural gas; telephone; cable television; teleeommnnieatIons; solid
waste rednctinq reuse and recycling; river basins and levies in coordination with
the Public Works department.
3. Finance and Safety Committee, which shall consider matters related to the general
fiscal and financial operations of the city; budget and financial reports; policy
4/10/03 9
4/10/03
matters related to personnel, including but not limited to, the salary grade schedule,
position classifications and salary changes in coordination with the Finance
Department and City Administrator; and matters related to police and fire
protection; the municipal court; emergency services and animal control in
coordination with the Police Department, Fire Department, Civil Service
Commission, City Clerk Library Advisory Roark Lodging, Tax Advisory
Board, and Sister City Committee
3. Community Affairs and Parks Committee, which shall consider matters related
to the planning of the physical, economic, economic development, aesthetic,
cultural and social development of the city zoning code, building code,
comprehensive plan, zoning code, code enforcement, sign code and annexation
policies, pattrncut ufCuuu Dsvclopuaut, Human
Services, Planning Commission, Aits Community Promotion Commission, Board
of Adj"astment, and Sisk. Cities C.,uuuittL,t.,, and shall consider matters relating to
parks and park plans, recreation facilities and community celebration activities, in
coordination with the Parks and Recreation Department, the Department of
Cnmmnnitv_Develnpment the Community Promotion Commission, and the
Parks Commission.
13. The Council President may establish such ad hoc committees as may be appropriate to
consider special matters that do not readily fit the standing committee structure or that
require special approach or emphasis. The Council President shall appoint Council
representatives to intergovernmental councils, boards and committees as needed. by
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vmu.y t..wain t.,c l u. tin. 1 1 u[Scatllu.
C. Council committees shall consider all matters referred. The committee chairpersons
shall report to the Council the findings of the committee. Committees may refer items to the
Council with no committee recommendation.
D. Committee chairpersons can may review and approve their committee agendas and will
approvecommittee minutes before distribution. IInbndgeted request forma I' i..autA„
should be signed by Finance and Safety Committee
members when the committee approves unbudgeted items.
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2.04.190 Filling Council Vacancies If a vacancy occurs in the office of Council member, the
Council will follow the procedures outlined in RCW 35A.1B. 050. In order to fill the vacancy with
the most qualified person available until an election is held, the Council will widely distribute and
publish a notice of the vacancy, the procedure and any application form for applying. The Council
will draw up an application form which contains relevant information to answer set questions posed
by the Council. The application forms will be used in conjunction with an interview of each
candidate to aid the Council selection of the new Council member.
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Section 4. Repealer. Section 1 of Ordinance 1770, and Ordinance Numbers 1617, 1431, 1471,
and 1311 are berehyrepealed.
Section 5 Severability If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 6 F.ffertive 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 (5) days after passage and
publication as provided by law.
4/10/03 12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, SETTING COUNCIL MEETING PROCEDURES AND
REPEALING ORDINANCE NUMBERS 1637, 1431, 1421 AND 1311; AND
SECTION 1 OF ORDINANCE 1770; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has decided to alter the procedures under which it
operates to provide for a more efficient and orderly governmental process; and
WHEREAS, several different ordinances from various years now have portions of
operating procedures that could more easily be followed in one ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF TUKWILA, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 2.04 of the TMC is hereby amended to read as follows:
2.04.005 City Councilmembers
The Tukwila City Council shall be comprised of seven members, elected to four-year
terms at biennial municipal elections. Candidates run for specific open Council positions,
and are voted on at large, as provided in RCW Chapter 35A.12.
2.04.010 Meetings Declared Open and Public
All meetings of the Tukwila City Council and its committees shall be open and public
and all persons shall be permitted to attend any meeting of these bodies, except as
otherwise provided in Section 2.04.40.
2.04.020 Regular Meetings
The City Council shall meet regularly on the first and third Mondays of each month
at 7:00 p.m. except if at any time any regular meeting falls on a holiday, the Council shall
meet on the next business day at the same hour. The City Council shall meet at Tukwila
City Hall, unless otherwise publicly announced.
2.04.030 Committee of the Whole Meetings
A. The Council shall sit as a Committee on the second and fourth Monday of each
month at 7:00 p.m. except if at any time any committee meeting falls on a holiday, the
Council shall meet on the next business day at the same hour. The City Council shall
meet at Tukwila City Hall, unless otherwise publicly announced.
B. Meetings of the Committee of the Whole shall be held primarily for the purpose
of considering current issues of the City, coordinating the work of the City Council, and
discussing draft ordinances, resolutions and policy issues in detail. The Committee of the
Whole will have no power to take final actions such as voting on a motion, adopting
ordinances or passing resolutions
C. The Committee of the Whole may meet in a retreat setting to plan their work at
the beginning of the year, or at any time beneficial to in-depth deliberations by the
Council. The City Clerk, or his/her designee will staff each Regular and Special Council
meeting and Committee of the Whole. Results of the Committee of the Whole's retreats
will be discussed with the Mayor and administration in order to establish and understand
mutual City goals. A report summarizing the proceedings will be made available
following each retreat. No official action will be taken at a retreat.
Council Meeting Procedures 1 1
2.04.40 Special Meetings
Special meetings may be called by the Mayor, or any three Councilmembers by
written notice delivered to each member of the Council at least 24 hours before the time
specified for the proposed meeting.
2.04.050 Quorum
At all meetings of the City Council, four members shall constitute a quorum for the
transaction of business.
204.060 Seating
A. Members of the City Council will be seated at the Council table according to
seniority of the Council, except the Council President will be seated at the right of the
Mayor.
B. Seniority shall be determined by:
1. Greatest consecutive number of years served.
2. Consecutive number of years plus broken service years.
3. Number of votes when elected.
2.04.070 Council President Mayor Pro Tempore
A. At the first Regular Meeting in January of each year, members of the City Council
shall elect from their number a Council President who shall hold office at the pleasure of
the Council.
B. In the absence of the Mayor, the Council President shall become the Mayor Pro
Tempore or Qerk Pro Tempore and perform the duties of the Mayor except that s /he
shall not have the power to appoint or remove any officer or to veto any ordinance. If a
vacancy occurs in the office of the Mayor, the City Council, at their next Regular Meeting,
shall elect from their number a Mayor, who shall serve until a Mayor is elected and
certified at the next municipal election.
2 04.080. Presiding Officer
A. All Regular and Special Meetings of the City Council shall be presided over by
the Mayor, or in his /her absence, by the Mayor Pro Tempore. If neither the Mayor nor
the Mayor Pro Tempore is present at a meeting, the presiding officer for that meeting
shall be elected by a majority of the vote of those Councilmembers present, provided
there is a quorum.
B. All Committee of the Whole meetings shall be presided over by the Council
President. In the Council President's absence, the Council shall elect a Councilmember to
serve in that capacity until the Council President returns.
C. The City Qerk, or his /her designee will staff each Regular and Special Council
meeting and Committee of the Whole. In the absence of the Clerk, a Deputy Clerk or
other qualified staff member appointed by the Clerk, Mayor, or Council may perform the
duties of Clerk at such meeting, or the Mayor or Council may appoint a staff person to act
in that capacity.
D. The appointment of a Councilmember as Mayor Pro Tempore shall not in any
way abridge his /her right to vote on matters coming before the Council at such meeting.
E. The presiding officer shall preserve strict order and decorum at all meetings of
the Council. The presiding officer shall state all questions coming before the Council,
provide opportunity for discussion on each item from the floor, and announce the
decision of the Council on all subjects. Procedural decisions made by the presiding officer
may be overruled by a majority vote of the Council.
2.04.090 Agenda for Regular or Special Council Meetings
All items to be included on the agenda for Council consideration must be submitted
to the City Clerk in full by Noon on the Wednesday preceding each Council or
Committee of the Whole Meeting. The City Clerk shall then prepare a proposed agenda,
with attachments, according to the order of business. After the proposed agenda has been
approved by the Council President, or in his /her absence, by his /her designated member
of the City Council, the City Clerk shall prepare the final agenda, which shall be
distributed to the Mayor, Councilmembers, City Attorney and Department Heads no later
Council Meeting Procedures 2 2
than Noon on the Friday preceding the Council Meeting. A copy of the agenda and
subsequent documents shall be posted on the bulletin board at City Hall.
2.04100 Agenda Format
The format of a Regular or Special City Council agenda shall be as follows:
A. Call to Order.
B. Pledge of Allegiance.
C. Roll Call.
D. Special Presentations on key agenda items.
E. Appointments and Proclamations of the Mayor.
F. Citizens' Comments. To give the audience a chance to comment on items not
listed on the agenda.
G. Consent Agenda.
1. Contains all consent agenda items approved by the Council President or
forwarded by unanimous ttee action or from a Committee of the Whole and
routine items such as, but not Limited to, approval of minutes and approval of vouchers.
No ordinances, resolutions, bid awards, or contracts over $50,000 can be included on the
consent agenda.
2. The following rules shall apply to the consent agenda:
a. Any member of the City Council may, by request and without a Council
vote, have any items removed from the consent agenda without a formal motion. That
item will, by automatic procedure, be forwarded under New Business for further
discussion.
b. The remaining items shall be approved by motion.
H. Bid Awards.
All competitive bid awards shall comply with RCW Title 39, and those that
require Council approval shall include the contractor /vendor name, the project name,
and the total dollar amount of the award. The award may or may not include Washington
State Sales Tax.
I. Public Hearings.
1. For public hearings required by City, State or Federal law or as the Council
may direct. Examples may include, but not be limited to:
a. LID
b. Zoning
c. Budget
d. Revenue sharing grants
e. Annexation, moratorium, land use actions such as short plats, Quasi
judicial decisions
2. The following procedures shall apply to public hearings, except public
hearings subject to TMC Chapters 18.104 to 18.116, which shall be subject to the
procedures specified therein:
a. The presiding officer may exercise a change in the procedures, but said
decision may be overruled by a majority vote of the City Council.
b. The proponent spokesman shall speak first and be allowed 15 minutes.
The Council may ask questions.
c. The opponent spokesman shall be allowed 15 minutes for presentation
and the Council may ask questions.
d. Each side shall then be allowed 5 minutes for rebuttal.
e. After the proponents and opponents have used their speaking time,
Council may ask further questions of the speakers, who may respond.
3. At public hearings and for issues requiring a public meeting where a general
audience is in attendance to present arguments for or against a public issue:
Council Meeting Procedures 3 3
a. A signup sheet for speakers will be available, and all citizens
considering speaking will be asked to write their name and address legibly. If they speak
without signing up, they will be asked to sign in after speaking.
b. A person may speak for five minutes. No one may speak for a second
time until everyone wishing to speak has had an opportunity to speak.
c. After the speaker has used the allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in further debate.
d. The hearing will then be closed to public participation by motion of the
Council and open for Councilmember discussion.
e. Speakers should address their comments to the City Council and should
not address other audience members. No disparaging remarks, no rebuttal to opponents.
J. Unfinished Business. This section of the agenda shall include items of a general
nature, including resolutions and ordinances previously discussed at a Council meeting.
The following procedures shall apply during this section of the agenda:
1. The ttee chairperson, sponsor or a designated spokesman of each item
will give a presentation.
2. The Council may then question the sponsor or designated spokesman of the
presented item
3. A motion at this time will be in order:
a. If a resolution or ordinance, the City Attorney or chairperson may read
the item by title only, or, if requested by any Councilmember, the document may be read
in its entirety. A motion by Council shall rule.
b. The Council, by motion, will dispense with the resolution or ordinance.
c. All other items will be dispensed with by Council motion.
K. New Business. This section of the agenda shall include all items of a general
nature including resolutions and ordinances previously discussed at a Committee
Meeting and put forward to the Regular Meeting and items that have been removed
from the consent agenda. The procedures that applied during this section shall be the
same as those under Unfinished Business.
L. Reports. Reports on special interest items from the Mayor, City Council, staff,
City Attorney, and intergovernmental representatives.
M. Miscellaneous.
2. 04.110 Miscellaneous Agenda Procedures
A. The City Council desires to provide adequate time for administration and staff
analysis, fact finding and presentation.
1. items to come before the City Council should first be placed on the agenda of
the appropriate committee for discussion before they are placed on the agenda of a
Regular Council Meeting.
2. All items that are not routine in nature and presented shall include a
completed Council Agenda Synopsis (CAS), a staff report, and Committee Minutes. The
City Clerk, or a designated person, shall be responsible for attaching a CAS number,
keeping the original CAS, and an index for future reference.
B. The agenda and provision for the Committee of the Whole shall be tee
reports, discussion of items referred from committees, items referred by three
Councilmembers, and items set by the Council President. The agenda, and any
attachments, will be approved by the Council President or his /her designee, and shall be
prepared by the City Clerk for distribution to the Council by Noon on Friday.
C. Items may be placed directly on the agenda of a Regular Meeting when the items
are approved by the Council President, and:
1. The items are routine in nature, such as approval of vouchers;
proclamations; acknowledgement or receipt of petitions or documents; or discussion of
claims for damages.
Council Meeting Procedures 4 4
2. An emergency condition exists that represents a personnel hazard or risk of
immediate financial loss. In such instances, the CAS summary or staff memo should
clearly define why the special procedure is necessary.
3. In the event the sponsor of any items to come before the City Council feels it
both appropriate and beneficial to the City, s /he may bring such items directly to the
Regular Meeting with the concurrence of three Councilmembers for Council deliberation
on the appropriateness of that item being placed on the agenda.
D. The Council President may affix an approximate time limit for each agenda item
at the time of approval of the agenda.
E. All proposed ordinances and resolutions shall be reviewed by the City Attorney
and bear her /his certification that they are in correct form prior to its final passage. All
accompanying documents shall be available before ordinances and resolutions can be
passed.
F. Resolutions of the City Council shall be signed by the Council President.
G A joint resolution of the City Council and the Mayor may be proposed When:
1. The subject of the resolution is of broad City concern, and the subject
contains Council policy and administrative procedure; or
2. The subject of the resolution is of a ceremonial or honorary nature.
1-1. Joint resolutions will be subject to the voting rules in TMC B. 04190 in this
ordinance and will be signed by the Mayor and Council President. The Council may
provide for all Councilmembers signing the joint resolution enacted under 2.04.110 G.
2.04.120 Speaking Procedures
A. Speaking procedure for agenda items under consideration is as follows:
1. A Councilmember desiring to speak shall address the chair, and upon
recognition by the presiding officer, shall confine him /herself to the question under
debate. Recognition of Councilmembers shall be by seniority.
2. Any member, while speaking, shall not be interrupted unless it is to call him
or her to order.
3. No Councilmember shall speak a second time on the same motion before
opportunity has been given each Councilmember to speak on that motion.
B. Addressing the Council for items under Council discussion shall proceed as
follows:
1. Any person, with the permission of the presiding officer, may address the
Council, but the presiding officer shall be required to recognize speakers in the following
order:
a, A person designated by the presiding officer to introduce the subject
under discussion.
b. Those whose request to be heard is contained in the written agenda.
c. Those who have submitted their request to be heard in writing or to the
City Clerk before the meeting.
d. Those who ask recognition from the floor.
2. In addressing the council each person shall stand, and after recognition, give
name and address, and unless further time is given by the presiding officer, shall limit
his /her address to five minutes. All remarks shall be made to the Council as a body and
not to any individual member, or to the audience.
3. No person shall be permitted to enter into any discussion from the floor
without first being recognized by the presiding officer.
4. Any person making personal, impertinent or slanderous remarks while
addressing the Council shall be barred from further audience participation by the
presiding officer unless permission to continue is granted by a majority vote of the
Council.
Council Meeting Procedures 5 5
2.04.130 Voting
A. Silence of a Councilmember during a voice vote shall be recorded as an
affirmative vote except where such a Councilmember abstains because of a stated conflict
of interest. Each member present must vote on all questions before the Council and may
abstain only by reason of conflict of interest.
B. A roll-call vote may be requested by the presiding officer or any member of the
Council. Voting normally shall be by seniority; however, this procedure may be changed
by the presiding officer.
C. Confirmations of appointments by the Mayor; budget transfers; personnel levels;
and formal motions, resolutions, ordinances and amendments thereto; shall require the
affirmative votes of four Councilmembers.
2.04.140 Executive Sessions
The City Council may hold an Executive Session during a Regular Meeting, Special
Meeting or Committee of the Whole meeting to consider certain matters as set forth in
RCW 42.30.110.
2.04.150 Continuances.
Any hearing being held or ordered to be held by the City Council may be continued
in the manner as set forth by RCW 42.30.100.
2.04.160 Adjournment
A. Any Regular, adjourned Regular, Special or adjourned Special Meeting may be
adjourned in the manner as set forth in RCW 42.30.090.
B. Council meetings shall adjourn no later than 11:00 p.m. If the Council desires to
extend the meeting, a motion shall be required of a majority plus one vote of
Councilmembers present. Items not acted on by the 11:00 p.m. deadline shall be deferred
to the next respective Council meeting as old business, unless Council, by a majority vote
of members present, determines otherwise.
2.04.170 Questions of Parliamentary Procedure
Questions of parliamentary procedure not covered by this chapter shall be —fled
by Robert's Rules of Order, Newly Revised (latest edition).
2.04.180 Council Committees and Representatives
A. There are established four standing committees of the Council that shall consist
of three members each. The Council President shall appoint the membership of each
committee and the committee chairpersons by the second Regular Meeting of each year.
The chairperson for each committee shall set the schedule of meetings and cause them to
be published. In the event a committee member is unable to attend a meeting, s /he may
ask another Councilmember to attend in the absent member's place. The committee
chairperson shall approve of all cancelled meetings before their cancellation.
The committee chairpersons shall set the agenda of the committee meetings. The
standing committees shall consider and may make policy and legislative
,....endations to the City Council on items referred to the committee by the Council
President, the Council, administrative departments, boards or commissions. If budgeted
in an amount less than or equal to $25,000, a committee can approve a bid or negotiation
award by an affirmative vote of three committee members. If a unanimous committee
vote is not obtained, the award will be referred to the City Council for action. The
standing committees, their scopes of authority, and the supporting City departments are
as follow:
1. Transportation Committee, which shall consider matters related to
transportation, transportation plans, traffic, transit, streets, street lighting, signals, street
LIDs, and rights of way in coordination with the Public Works Department and
Department of Community Development;
2. Utilities Committee, which shall consider matters related to water; sewer;
electric power; natural gas; telephone; cable television; telecommunications; solid waste
reduction, reuse and recycling; river basins; and levies in coordination with the Public
Works Department.
Council Meeting Procedures 6 6
3. Finance and Safety Committee, which shall consider matters related to the
general fiscal and financial operations of the City; budget and financial reports; policy
matters related to personnel, including but not limited to, the salary grade schedule,
position classifications and salary changes in coordination with the Finance Department
and City Administrator; and matters related to police and fire protection; the municipal
court; emergency services; and animal control in coordination with the Police
Department, Fire Department, Civil Service Commission, City Clerk, Library Advisory
Board, Lodging, Tax Advisory Board, and Sister City Committee.
4. Community Affairs and Parks Conunittee, which shall consider matters
related to the planning of the physical, economic, economic development, aesthetic,
cultural and social development of the City zoning code, building code, comprehensive
plan, code enforcement, sign code and annexation policies, in coordination with the
Department of Community Development; Human Services, Planning Commission, Arts
Community Promotion Commission, Board of Adjustment, and Sister Cities Committee;
and shall consider matters relating to parks and park plans, recreation facilities and
community celebration activities, in coordination with the Parks and Recreation
Department, the Department of Community Development, the Community Promotion
Commission, and the Parks Commission.
B. The Council President may establish such ad hoc committees as may be
appropriate to consider special matters that do not readily fit the standing committee
structure or that require special approach or emphasis. The Council President shall
appoint Council representatives to intergovernmental councils, boards and committees as
needed.
C. Council committe s shall consider all matters referred. The committee
chairpersons shall report to the Council the findings of the committee. Committees may
refer items to the Council with no committee rec........:...dation.
D. Committee chairpersons may review and approve their committee agendas and
will approve committee minutes before distribution. Unbudgeted request forms should
be signed by Finance and Safety Conunittee members when the committee approves
unbudgeted items.
2.04.190 Filling Council Vacancies
1f a vacancy occurs in the office of Councilmember, the Council will follow the
procedures outlined in RCW 35A.1B.050. In order to fill the vacancy with the most
qualified person available until an election is held, the Council will widely distribute and
publish a notice of the vacancy, the procedure and any application form for applying,
The Council will draw up an application form which contains relevant information to
answer set questions posed by the Council. The application forms will be used in
conjunction with an interview of each candidate to aid the Council selection of the new
Councilmember.
Section 2. Repealer. Section 1 of Ordinance 1770, and Ordinance Numbers 1637,
1431, 1421, and 1311 are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2003.
ATTEST/ AUTHENTICA l ED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Council Meeting Procedures 7
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
7
Finance and Safety
April 7, 2003
Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson
Keith Haines, John McFarland, Rhonda Berry, Officer Steve Forney, Alan
Doerschel, Jane Cantu, Lucy Lauterbach; Dennis Robertson
Unlawful Racing Ordinance Steve and Keith talked about the problems the City has had in
past years with racers using Tukwila streets to race on. Keith said they wanted to act before the
warm weather starts and before S. 180`h opens. Steve said there is a subculture of kids who
follow certain races. People come to watch the races, too, coming from as far as Bremerton and
Silverdale. If the City can ticket a person for racing and put a SOAR (Stay out of Areas of
Racing) order on them, that person can be arrested if he or she shows up again at a race. Because
people come to watch the races, police want to stop the watchers, which might be an attractant
for kids to race for. Richard asked if we could work with Kent, which already has an anti racing
ordinance. Keith said we couldn't, according to state law. Joe asked if we could fine the racers,
and Steve answered that the first ticket is a misdemeanor, and the city can impose any traffic fine
if they catch the racers breaking a traffic law. The second violation has stiffer penalties.
There are now groups of hundreds of cars at once on West Valley when there is a race. They pull
into the 7 -11 there, and trash the parking lot with beer bottles and trash. Dennis asked if the city
could impound cars, and John said he thought not. Some spelling errors need to be fixed in the
draft ordinance. Recommend ordinance to COW.
Replacement of Police Car Dave Haynes was rear ended while driving his police car home.
The car was totaled by a drunk driver who has no insurance. A new car will cost $22,500, and
needs to be purchased through the State by April 8` or April 22 Because funding is available
in the 501 equipment purchase fund, Alan said the committee could approve the purchase. The
City will pay only $1,000; the rest will come from insurance, though we'll try to get it repaid by
the driver. Committee approval of unbudgeted car purchase.
Southwest King County Chamber Contract John said it was late to get a contract from the
Chamber, but that the contract was the same as last year's contract. As the Tourism Marketing
branch of the Chamber is growing, the Chamber supports that function and acts as an
information system for other issues as well. The scope of services was fine with the committee.
Alan said the cost for the contract has not risen from $20,000 for several years. Recommend to
COW and Council for approval.
AC
Council Operating Procedures Lucy introduced the ordinance updating the Council operating
procedures. It has been organized somewhat differently, and has been updated to reflect current
procedures. The committee went through the ordinance page by page, with Jane providing
commentary on several pages. They talked about removing the bid section in the procedures,
and about checking on whether we needed to add time to agenda items according to a new state
law. Dennis wanted to be sure speaking procedures included prohibiting people addressing other
people in the audience rather than the Council. Recommend ordinance to the COW and
Council for approval.
Meeting Date
4/14/03
Meeting Date
4/14/03
r
COUNCIL AGENDA SYNOPSIS
Initials
I Meeting Date 1 Prepared by 1 Mayor's review 1 Council review 1
I 4/14/03 I_ I _.t.(i-' I e I
I I �.I I I
I I I I I
I I I I I
ITEM INFORMATION
CAS Number: 03-050 I Original Agenda Date: 4/14/03
Agenda Item Title: Ordinance Fixing the Amount of Future Council Compensation
ITEM No.
Original Sponsor: Council x Admin.
Timeline:
Sponsor's Summary: This ordinance was written in the update of the Council operating procedures. It will
remain in the TMC directly folkwing the procedures, but remain a separate
ordinance for ease in amending in future years.
Recommendations:
Sponsor: Recommend ordinance for adoption
Committee: Finance and Safety recommended ordinance April 8, 2003
Administration: Same as sponsor
Cost Impact (if 2004- $12,540
_known)
Fund Source (if known) 000 General Fund
RECORD OF COUNCIL ACTION
Action
APPENDICES
Attachments
Memo from L. Lauterbach dated April 10, 2003
Draft Ordinance Fixing the Amount of Future Compensation
Information memo; City Attorney Opinion 1/29/03; MSRC opinion 1/24/03
Ordinance 1956
r 1' rr nc> Gs- Sa fees .C minutes April 7, 2003 and March 3, 2003
To: Committee of the Whole
From: Lucy Lauterbach
Date: April 10, 2003
Subject: Council Compensation Ordinance
In 2001 the Council passed Ordinance 1956, which set Council compensation levels for 2001-
2005. Future Council salaries and benefits for 2006 and 2007 were first discussed at the Council
retreat, where a consensus decision was recommended to leave salaries unchanged for those two
years.
When Finance and Safety considered compensation, they agreed that benefits should be raised to
the level of one employee's health insurance cost with the city. Checking with the City
Attorney, I was told that benefits cannot be raised for the officials currently in office. Like
compensation, the future benefits can be passed and then can be enjoyed by those in office after
an election. The other issue was that the benefit cannot be nebulous as in "equal to the cost of an
employee benefit It needs to be a specific amount of money.
The benefit levels for 2004 were raised 11.76% ,which is close to the amount of increase for the
employee health care costs over the past three years. For 2005 and 2006, the benefit was raised
10% per year, and kept there for 2007.
I have included Ordinance 1956, which this replaces. It is not repealed here, as it was included
in the repeals in the Council operating procedures.
As you know, none of these increases will apply to Council until and unless you are elected.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING SECTION 2.04.230 OF THE TUKWILA
MUNICIPAL CODE TO FIX THE AMOUNT OF COMPENSATION FOR
COUNCILMEMBERS THROUGH 2007, REPEALING ORDINANCE 1956;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, Ordinance 1956 set Council compensation levels for the years 2001
through 2005; and
WHEREAS, Council members elected in 2003 will serve through 2007, and salaries
for 2006 and 2007 are not set forth in Ordinance 1956; and
WHEREAS, the City Council recognizes that the current economy warrants a
conservative compensation that does not rise beyond the current scale; and
WHEREAS, a uniform stipend ensures that all Council members receive the same
salary for several years;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Tukwila Municipal Code 2.04.230 is hereby amended to read as follows:
A. Monthly compensation
1. Compensation levels. Pursuant to the provisions of RCW 35A.12.070,
members of the Tukwila City Council shall receive the following monthly compensation
during the years listed here according to their position and date their term of office
commences:
YEAR
2003
2004
1 2005
1 2006
1 2007
Council Members Salary.doc
DRAFT
POSITIONS 1, 3, 5, 7
Current Term of Office:
1/1102- 12/31/05
$950 /month
$1,000 /month
$1,050 /month
*$1,050 /month
$1,050 /month
**New Council teen commences on Januany 1.
POSITIONS 2, 4, 6
Current Term of Office:
1/1/04- 12/31/07
$685 /month 1
"$1,000 /month
$1,050 /month
$1,050 /month
$1,050/ month
2. Compensation review. At any time the Tukwila Council compensation
falls below the mean of the other Valley Communication cities, Tukwila will review the
stipends and may increase its stipend to the level of those other cities.
B. Benefits: Each member of the City Council, beginning January 1, 2003, shall be
eligible for one of two benefits options:
1. Reimbursement program. Reimbursement from the City for medical
expenses for one year including: pharmaceuticals, health care, alternative health care,
dental, and vision costs; and health and life insurance premiums shall be authorized up
to the following limits (which approximates the cost of insurance for one employee)
during the years listed here, according to Councihnember position and date their term
of office commences.
YEAR
2003
2004.
2005
2006
2007
POSITIONS 1, 3, 5, 7
Current Term of Office:
W02-12/31/05
$3,400/year
$3,400/year
$3,400/year
Year
$4,598/year
POSITIONS 2,4, 6
Current Term of Office:
W04-1201/07
$3,400/ year
$4,180/ year
$4,598/year
$4,598/year
New Council term commences on January 1.
Reimbursements shall be made only upon presentation to the Finance Director of a
receipt or other evidence that the expense was actually incurred.
OR
2. Medical plan eligibility. Councilmembers have the ability to join the
City's self-insured medical and dental plan which is offered to non-represented
employees. This benefit will cover only the Councilmember and not additional family
members, unless those are paid for separately.
Section 2. Repealer. Ordinance Number 1956 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
on
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2003.
ATTEST/AUTHEN'TICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Council Members Salary.doc
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Steven M. Mullet, Mayor
Information Memo
The City Council will soon consider City Council salaries. To help in that
discussion, here is information about the other Valley Communications
System cities. That is the standard you set that you don't want to fall below
the mean (average) of. These are all 2003 monthly stipends.
City Council Stipend Mayor /Council Pres.
Renton 950
Auburn 675 850
Federal Way 750 900
Kent 1,137 $1,198
Tukwila 685 950
The average of the other four cities is $878 without Tukwila's stipends being figured in.
Federal Way is thinking of forming a citizen commission on Mayor /Council salaries,
which is what Kent did.
MICHAEL R. KENYON
MARGITA A. DORNAY
LISA M. MARSHALL
ROBERT F. NOE
BRUCE L. DISEND
SANDRA S. MEADOWCROFT
TO: City Council
CC: Mayor Mullet
John McFarland
Alan Doerschel
FROM: Bob Noe David St.Pierre, City Attorney's Office
DATE: January 29, 2003
RE: Medical Expense Reimbursement for Council Members
Council President Carter, through Lucy Lauterbach, has requested our opinion on whether
or not there is any legal uncertainty "gray area over the question of whether Tukwila's council
members may receive an increase in the amount of their direct reimbursement for medical expenses
during their current terms of office, in Light of MRSC's opinion that council members cannot
receive such an increase.
It is our understanding that Tukwila council members may receive direct financial
reimbursement from the city of up to $3,400 per year upon presentation of receipts for council
member medical expenses. It is also our understanding that only one council member has opted to
receive group medical insurance benefits from the city vice participating in this direct financial
reimbursement plan. It is the direct financial reimbursement that is the subject of' this
memorandum.
GUIDANCE:
It is our opinion that there is a low probability that legal uncertainty exists "i.e. no gray
area as to the prohibition against Tukwila's council members receiving an increase in the
amount of their direct reimbursement for medical expenses during their current terms of office.
Though we believe MRSC's analysis of the question was flawed, it is our opinion that their
conclusion was correct, but for other reasons.
G: \City Attomey\ David \ME000I7- dbs.doc /COT /l/29/03
KENYON DORNAY MARSHALL, PLLC
THE MUNICIPAL LAW FIRM
11 FRONT STREET SOUTH
ISSAQUAH, WASHINGTON 98027 -3820
(425) 392-7090
(206) 628 -9059
FAX (425) 392 -7071
CITY OF TUKWILA
MEMORANDUM
SERVING WASHINGTON CITIES SINCE 1993
1
=r
ELIZABETH A. ABBOTT
STEVE C. KARI.MI
STEPHEN R. KING
HEIDI L. BROSIUS
DAVID B. ST.PIERRE
DARIN H. SPANG
January 29, 2003
Page 2
ANALYSIS:
Medical "expenses" of council members are "benefits" and not business related expenses,
which can be fully reimbursed pursuant to council policies and state authority. Honne v. State, 78
Wn.2d 164, 469 P.2d 909 (1970). "Benefits" received by elected city officials are considered part of
the elected officials "compensation." Id. Our state constitution prohibits elected municipal officers
from increasing their compensation during their term of office. WA Const. Art. 11, Sec. 8.
However, where the state legislature specifically declares a benefit to "not' be
compensation, then the courts will not view any increase in such a benefit as a violation of the state
constitution. AGO 1992 No. 8 and No. 8 Addendum (to Supreme Court Justice Talmage).
RCW 41.04.190 was passed by the state legislature to allow local governments to take
advantage of the cost savings associated with group insurance nolicies or plans when providing
for benefits for their elected officials by declaring such costs `not' additional compensation for
such elected officials. M. However, the legislature had the opportunity to declare direct
reimbursement plans to "not" be compensation, but they did not take advantage of that
opportunity.
Our Supreme Court has stated that when a statute speaks in specific terms, an implication
arises that omitted terms were not intended to be included within the scope of the statute:
Under "expressio unius est exclusio alterius," a canon of statutory
construction, to express one thing in a statute implies the exclusion of the
other, i.e. omissions are deemed to be exclusions.
In re Williams, 147 Wn.2d 476, 55 P.3d 597 (2002).
Consequently, the declaration of what constitutes "not" compensation under RCW
41.04.190 applies specifically to group insurance policies or plans and not to other mechanisms
such as direct reimbursement.
We conclude that if the state legislature had intended that other such mechanisms, such as
direct reimbursement, be declared "not" to be compensation then the legislature would have
stated so. Because they did not so state, we conclude that the state legislature intended that local
governments could take advantage of savings associated only with group insurance policies or
plans and not other mechanisms, regardless of the similarity in financial cost to the city.
Tukwila's direct reimbursement mechanism for council members is NOT a group
insurance policy or plan. Regardless of the financial cost similarity between Tukwila's direct
reimbursement mechanism for council members and council member coverage under a Tukwila
group policy, the direct reimbursement mechanism constitutes compensation where coverage
under a Tukwila group policy would not be compensation.
Consequently, whereas increasing a council member's group policy coverage levels
during that member's term in office would not be constitutionally proscribed, increasing a
G1City Attomey \David \ME00017- dbs.dociCOT /01/29/03
January 29, 2003
Page 3
council member's amount of medical expense benefit through direct reimbursement is
constitutionally prohibited.
Finally, it is our opinion that the attached opinion of MRSC reached the correct
conclusion but for the wrong reasons. First, it is obvious that MRSC did not understand that
Tukwila's direct reimbursement mechanism for council members was not an insurance policy or
plan. Consequently, MRSC was analyzing the wrong question. Second, MRSC's analysis (not
prepared by MRSC's legal department) of the wrong question was flawed in our opinion and
showed a lack of research into the recent (as of the year 2000) legal references (see AGO 1992
No. 8 and No. 8 Addendum). Thus, contrary to MRSC's analysis, it is our opinion that the single
council member that opted to receive coverage under the Tukwila group insurance policy is NOT
receiving compensation and that member's policy levels can be increased during that member's
term of office without violating the state constitution.
CONCLUSION:
It is our opinion that Tukwila's council members are constitutionally prohibited from
receiving an increase in the amount of their direct reimbursement for medical expenses during
their current terms of office. It is also our opinion that there is a low probability that legal
uncertainty exists "i.e. no gray area as to this prohibition.
Welty Attorney\ David \ME00017- dbs,doc /COT /01/29/03
From: "Byron Katsuyama" <bkatsuyama @mrsc.org>
To: <Ilauterbach @ci.tukwila.wa.us>
Date: 1/24/03 10:21 AM
Subject: MRSC Research Request
Lucy,
Here is a copy of the response that we gave to Alan Doerschel, Finance
Director, Tukwila, in 2000:
RE: Whether city councilmembers may receive during their current terms
of office an increase in the amount of medical expense reimbursement.
No, the proposed increase would be considered additional compensation,
which may not be increased during the councilmembers' terms of office,
regardless of how RCW 41.04.190 is interpreted. The proposed plan would
increase the monetary amount for which councilmembers can be reimbursed
for medical expenses such as pharmaceuticals, health care, dental and
vision care, and health insurance premiums. RCW 41.04.190, amended in
1992, provides in relevant part as follows:
The cost of a policy or plan to a public agency or body is not
additional compensation to the employees or elected officials covered
thereby. The elected officials to whom this section applies include but
are not limited to commissioners elected under chapters 28A.315, 52.14,
53.12, 54.12, 57.12, 713.44, and 87.03 RCW, as well as any county elected
officials who are provided insurance coverage under RCW 41.04.180.
We have opined in the past that it is uncertain whether this applies to
city elected officials. See, e.g., Inquiry No. 94 -0624, Richland. I
contacted Brian Buchholz, assistant attorney general who advises the
state auditor's office, to see if they had any new opinion an the issue
of whether this statute applies to city elected officials. He opined,
based on the final bill report contained in the 1992 Legislative Digest,
that the 1992 amendment was intended to apply only to the elected
officials of special districts. The statute references specifically
only those RCW chapters dealing with special districts and the bill
report states as part of the summary regarding the 1992 amendments (ESHB
1150. Ch. 146, Laws of 1992):
The cost of group hospitalization and medical insurance coverage
is not additional compensation for elected officials of special
districts.
So, it is probably best for MRSC to advise that this statute would
likely not be interpreted to apply to city elected officials.
Even if this statute were interpreted to apply to city elected
officials. it would not apply in this instance because the city would
not be paying for the cost of group hospitalization and medical
JAN 2 7 2003
insurance coverage. Rather, it would be reimbursing for medical and
other health care related expenses.
We also note that the 2002 Washington Legislature considered but did not
pass HB 2508 which would have extended the authorization in RCW
41.04.190 to city elected officials. While this is certainly not
conclusive, it does support the interpretation that city officials are
currently not included within the group of public officials referenced
in RCW 41 .04.190.
The basic legal issue is whether adding medical insurance benefits
constitutes an unconstitutional mid -term increase in compensation.
Article 2, section 25 of the state constitution states in relevant part:
The legislature shall never grant any extra compensation to any
public officer, agent, employee, servant, or contractor, after the
services shall have been rendered, or the contract entered into, nor
shall the compensation of any public officer be increased or diminished
during his term of office.
(Emphasis added.) Although this provision refers to action by the
legislature, it has been interpreted by the courts to also apply to
local government legislative bodies. See AGO 63 -64 No. 97, at 2, and
cases cited therein. Article 11, section 8 does not apply here because
it prohibits mid -term increases in salary, which is a narrower term than
"compensation." See AGO 1992 No. 21.
RCW 41.04.190 characterizes the "cost" of medical insurance to elected
officials of counties and special districts, but not to city elected
officials, as "not additional compensation," which means that the "cost"
of such insurance is compensation for the latter. See Inquiry AGO 1974
No. 9 and AGO 1969 No. 2.
In any case, our advice is that you discuss this with your city
attorney. You may also want to discuss this further with one of our
attorneys. I would suggest contacting Bob Meinig, MRSC Legal Consultant.
I have spoken with Bob about your inquiry.
I hope this helps.
Byron Katsuyama
Public Policy Consultant
MRSC
Visit our Web site!
www.mrsc.org
City of Tukwila
Washington
Ordinance No.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
1955 AND TUKWILA MUNICIPAL CODE 2.04.230,
CLARIFYING THE LEVELS OF COMPENSATION FOR CITY
COUNCILMEMBERS BY POSITION AND SCHEDULED
TERM OF OFFICE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 1851, passed October 5, 1998, fixed the stipend and benefit
levels for Councilmembers whose term of office commenced after that ordinance's effective
date, to compensate them fairly for the time and effort required to be effe 've government
officials; and
WHEREAS, Ordinance No. 1955, passed April 2, 2001, established updated Council
stipend levels for Councilmembers whose term of office would commence after that
ordinance's effective date, based on the increased amount of time required and commensurate
with the council stipends of comparable South King County cities; and
WHEREAS, RCW 35A.12.070 states that any increase in the compensation attaching to an
office shall not be applicable to the term then being served by the incumbent if such incumbent
is a member of the city legislative body fixing his own compensation; and
WHEREAS, the repeal of Ordinance No. 1851 by Ordinance No. 1955 rendered unclear
the correct compensation level applicable to each Council position;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Council Compensation. Ordinance No. 1955 and Tukwila Municipal Code
Section 2.04.230 are hereby amended to read as follows:
A. Monthly compensation. Pursuant to the provisions of RCW 35A.12.070, members of
the Tukwila City Council shall receive the following monthly compensation during the years
listed here according to their position and date their term of office commences:
POSITIONS 1, 3, 5,7 POSmONS 2,4,6 1
i Current Term of Office: Current Term of Office:
I YEAR 1/1/98 12/31/01 1/1/00- 12/31/03
2001 $563 $645
1 2002 *'$900 $665
2003 $950 $685
2004 $1,000 n $1,000
i 2005 $1,050 $1,050
"Nero Council tern commences on January 1.
Com¢il Comp -darif 4 -01 1
B. Compensation review. At any time the Tukwila Council compensation falls below
the mean of the other Valley Communication cities, Tukwila will review the stipends and may
increase its stipend to the level of those other cities.
Section 2. 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 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUbJC5. OF THE C OF TtJKWILA, WASHINGTON, at a
Regular Meeting thereof this //a day of Clever.) ?001.
Jle IV\ vV �V.Y,�.T
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
(L7t
E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Offtc(of the Ciii Attorney
FILED WITH THE CITY CLERK:
7
PASSED BY THE CITY COUNCIL: /G A I
PUBLISHED: 1 ZO -o
EFFECTIVE DATE: I/- L5
ORDINANCE NO.: /y fl
Council Comp clan /4 -01 2
nu�J Committee chair approval
Finance Safety Committee
April 7, 2003
5. Salary Ordinance The committee decided to separate the salary and benefit ordinance from
the rest of the operating procedures. The agreed with the provisions in the draft ordinance setting
2006 and 2007 salaries as they had agreed to do earlier, and to add those years to benefits. Lucy
explained the City Attorney had ruled that benefits are supposed to be added to Council salaries
for income calculations. He has also said benefits cannot be raised for sitting Council members,
but can for future elected officials. Recommend salary and benefit ordinance to COW and
Council.
c`
Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson
Alan Doerschel, John McFarland, Rhonda Berry, Lucy Lauterbach; Dennis
Robertson
1. Lone Term Debt Schedule The Committee had asked to look at the city's long term debt.
Alan summarized the bonds the City has, which now total $21 million, and another $11 million
to be added this year. He pointed out the information is in the city's Annual Financial Report,
which is done each year. Alan said there are two issues with debt: debt coverage and ability to
pay the debt. He said the city can legally borrow $34 million more before needing to go to the
voters for approval for more debt. The Community Center and Fire Station $4.4 m bond was
sold in 1994; the 6300 building and Tukwila Village $9.1 m bond was in 1999; Valley Com's
$2.3 m. bond was in 2000; and in 2003 will be an $11m. bond for the Golf Course Clubhouse,
South Park Bridge, and Tukwila Village. There are also $4.6 m. Water /Sewer bonds, and a
Public Works Trust Fund loan. Connectivity may be a future bond issue. Alan said according to
bond counsel, if we can pay off about 65% in 10 years, the city is in good shape. In General
Government we'll have about 60% paid off in 10 years, and with the Public Works bonds
included, 64 Joe asked what would happen if we didn't pay our bond payments, and Alan said
if you couldn't pay them, the city would go bankrupt, but that was unlikely. Information;
inform Council at Plannine Model time.
2. Council Compensation Lucy said the Council operating procedures currently contains the
Council compensation language, and asked if the committee would rather separate that from the
rest of the procedures, and have a salary ordinance that stands by itself. Jim said he preferred to
leave it in, and the others agreed. A second issue was to recommend a stipend level for the years
2006 and 2007. After discussion, the committee members agreed it should be left at the same
level as 2005, which is $1,050/month. For benefits, which are currently $3,500 per year, they
agreed it would be good to tie reimbursement levels to the amount the City pays for one
employee's health insurance under the City plan. That level is about $4,200 in 2003. Reschedule
draft ordinance.
Committee Chair approval
Finance and Safety Committee
March 3, 2003
COUNCIL AGENDA SYNOPSIS
ITEM INFORMATION
Original Agenda Date: 4/14/03
Agenda Item Title: Discussion of Budgeting $50,000 in additional ACC funding to see the agency
through a September decision by a US District Court Judge
Original Sponsor: Council x Admin.
Timeline: Funds needed as soon as possible
Sponsor's Summary: Jim Haggerton will summarize the summary judgement appeal submitted to the
Judge. ACC needs funding to continue the court case to its end in September. With
other cities' indecisions, funding for ACC has fallen.
CAS Number: 03-051
1 Meeting Date
1 4/14/03
Meeting Date
4/14/03
03 -061
Recommendations:
Sponsor: Discuss need for funding
Committee: N/A
Administration: Same as sponsor
Cost Impact (if $50,000
known).
Fund Source (if known) 000.20 Ending Fund Balance
Initials
Meetinq Date Prepared by [Mayor's review 1 Council review!
4/14/03 .I 1 AA-kb 1 ..b?c?. 1
1 I I
1 I I
1 I 1
RECORD OF COUNCIL ACTION
Action
APPENDICES
Attachments
Selected portions of motion for summary judement
ITEM No.
1
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
AIRPORT COMMUNITIES COALITION,
Plaintiff,
v PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
COLONEL RALPH H. GRAVES,
Commander and District Engineer of the
Seattle District, United States Army Corps of
Engineers; UNITED STATES ARMY CORPS
OF ENGINEERS, an agency of the United
States government; and PORT OF SEATTLE,
a municipal corporation,
Defendants.
The Honorable Barbara J. Rothstein
No. CV02 -2483R
I. RELIEF REOUESTED/INTRODUCTION
On Friday, December 13, 2002, four days after United Airlines declared bankruptcy 1
the biggest (so far) but by no means the only casualty of the airline industry's continuing
freefall the Army Corps of Engineers issued a Clean Water Act 404 Permit for the Port
of Seattle's Third Runway Project "3RW Project The Corps action was not a surprise to
the Airport Communities Coalition (ACC). Its constituent municipalities and school district
were well aware of the Corps' studied indifference to the data and expert analysis which they
had submitted regularly in opposition to issuance of a 404 approval. The ultimate Corps
decision included the fundamental errors which the Corps had already made clear would
characterize it: failure to conduct an independent public interest analysis, rejection of
alternatives to destruction of wetlands and watersheds, violation of Clean Water Act 401(d)
by not incorporating as federal conditions the requirements imposed by the Washington State
Pollution Control Hearings Board, and refusal to prepare a Supplemental EIS in the face of
significant new information inconsistent with the premises of earlier NEPA documents.
Beyond these specific flaws, the Corps decision was also unsettling due to the profound air of
unreality in which it came wrapped. It is only in the Corps ROD and gospel -like letters from
the Port and FAA that any public interest can be found in spending a billion dollars (or more)
to destroy wetlands and replumb watersheds for an 8,500 -foot strip of concrete to serve an
industry in a state of collapse. One might as well spend a billion dollars on a third stadium in
downtown Seattle.
ACC therefore respectfully requests that this Court closely review the Corps ROD and
the record and then grant summary judgment reversing, vacating and remanding the Clean
AR 053507.
2 AR 041515 -513; AR 052398 -396; AR 053410 -408; 053483 -482; 053486 -484; 053492 -488 (media reports
regarding decline in airline industry); Ex. A to Stock Decl., filed herewith (1/17/02 Aviation Daily article,
"Airline Industry Headed for Slow Growth, Recovery," submitted to the Corps by ACC on January 30, 2002, but
apparently not included in the Coips' Administrative Record). NOTE: Because the Corps Bates stamped all the
documents in the record it provided to the Court backward& this briefs AR number references to multiple -page
documents are backwards as well: e.g., pages 1 -5 of a given document are numbered in the record as AR 5 -1.
ACC will provide the Court with hard copies of all documents referenced in this brief.
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1
CV02 -2483R
Water Act 404 Permit issued by the Corps to the Port of Seattle "Port") for the 3RW
Project.
II. FACTUAL BACKGROUND
A. Impacts of the Third Runway Proiect on Area Wetlands and Streams
The Washington Pollution Control Hearings Board "PCHB captured the
unprecedented scale and environmental impacts of the proposed 3RW Project in its August
2002 findings on the project's Clean Water Act 401 certification:
"The Third Runway portion of the project is to be constructed in the Miller Creek, Walker
Creek and Des Moines Creek watersheds... Miller, Walker, and Des Moines Creeks are
all classified as Class AA water of the state, the highest and most protective category
established for state waters.
"The site of the proposed Third Runway is currently a wooded canyon encompassing
Miller Creek, the bottom of which lies approximately 150 feet below the level of the
Airport's existing runways. To provide the site for the Third Runway, the Port proposes
to fill the canyon with over twenty (20) million cubic yards of fill. Under the fill the Port
would construct a drainfield to capture and transport groundwater."
"The Port proposes an elaborate system of embankments and retaining structures to keep
the 20 million cubic yards of fill in place. One element of this would be a 135- foot -high
mechanically stabilized earth (MSE) wall with a 20 -foot high sloped embankment above
the wall. This section of the wall runs for approximately 1,500 feet. The proposed
construction footprint for the MSE wall comes within approximately 50 feet of Miller
Creek."
"The project would fill all or portions of 50 wetlands. The project would also require
filling and reconstruction of portions of Miller Creek and portions of drainage channels in
the Miller and Des Moines Creek basins." 4
The FSEIS for the project states that 23.64 million cubic yards of fill would be
required for the 3RW Project (of which the third runway is the principal feature). The amount
needed for the runway footprint alone is 17.25 million cubic yards. 5 The Washington
Department of Ecology "Ecology") attempted to capture the unimaginable vastness of this
quantity of fill by explaining that 17 million cubic yards is the equivalent of 34 football fields
3 Miller, Walker and Des Moines Creek are all fish- bearing streams. AR 043677, 043674, 043673.
4 PCHB Decision at pp. 11 -13 (AR 052376 -74). The PCHB Decision, unlike most of the PCHB record, is
indexed and paginated separately within the Corps record.
5 FSEIS at p. 5 -7 -7 (AR 062241), p. 5 -4 -3 (AR 062374).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 2
CV02 -2483R
C. The Corns 8 404 Permit.
Concurrently with its application for State 401 certification, the Port applied to the
Corps for a Clean Water Act 404 permit which is required before, for example, the Port can
discharge or deposit any fill into Miller, Des Moines, or Walker Creeks or their adjacent
wetlands. 33 U.S.C. 1344. The Corps did not issue a decision on the Port's 404 permit
application permit until December 13, 2002, four months after the PCHB issued its Final
Order on the 401 certification.
The Corps permit excludes at least nine of the 16 conditions for protection of aquatic
resources imposed by the PCHB on the 401 certification. Among those omitted are all of
the key PCHB conditions regarding wetlands mitigation, enhanced low flow mitigation for
Des Moines Creek, tightened protections against deposit of (cheap) polluted fill, and certain
monitoring requirements.
III. ARGUMENT
A. Standard of Review
This Court may reverse a final decision of an administrative agency where the final
action is "arbitrary, capricious, an abuse of discretion or otherwise not in accordance with
law." 5 U.S.C. §706(2)(A). The APA's requirement that courts consider the "whole record"
in determining whether administrative findings have the required evidentiary support (5 USC
706) means that a court must take into account whatever in the record fairly detracts from
the weight of the evidence supporting the administrative decision. Indiana Harbor Belt R.
Co. v. General American Transp. Corp., 577 F.2d 394 (7th Cir. 1978). The court subjects the
final agency action to a "thorough, probing, in -depth review," Seattle Audubon Soc'y. v.
Moseley, 798 F. Supp. 1473, 1476 (W.D. Wash. 1992) (quoting Citizens to Preserve Overton
Park, Inc. v. Volpe, 401 U.S. 402, 415 (1971), to ensure the agency decision "is based on
2° 404 Permit at Cover Letter (AR 054236), signature page (AR 054229).
21 404 Permit at p. 2, Special Conditions b -e (AR 054234).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 6
CV02 -2483R
relevant factors" and "that the agency has taken a hard look at the environmental
consequences of its proposed action." Blue Mountains Biodiversity Project v. Blackwood,
161 F.3d 1208, 1211 (9 Cir. 1998).
B. The Corns Was Required to Adopt the PCHB Conditions as 404 Permit
Conditions.
Clean Water Act 401(d) mandates that state certification requirements "shall become
a condition of anv federal license or permit subject to the provisions of this section." 33
U.S.C. 1341(d) (emphasis added). The Corps decision nevertheless argues that it may
disregard the PCHB certification conditions on the basis of CWA 401(a)(1) which states, in
part, "If the State fails or refuses to act on a request for certification within a reasonable
period of time (which shall not exceed one year) after receipt of such request, the certification
requirements of this subsection shall be waived 33 U.S.C. §1341(a)(1). The Corps
contends that the PCHB conditions, although issued a full four months before the Corps
decision, need not be incorporated because they were issued more than a year after the Port
applied for 401 certification, resulting in a waiver. This Corps interpretation is contrary to
law. The state here did not `fail' or `refuse' to act on the Port's application within one year.
To the contrary, Ecology acted by issuing a certification within a year of the Port's third
application for certification, and the PCHB diligently considered ACC's appeal of that
certification in accordance with state law and procedure. Section 401(a)(1) does not require
that all action on a certification, including quasi-judicial appeal proceedings, be completed in
one year, but only requires the state to act. "Waiver" is defined as "the act of waiving or
intentionally relinquishing or abandoning a known right, claim or privilege.i Here,
Washington took action to nreserve its certification authority, including issuance by the
PCHB of a stay specifically to ensure that a 404 permit would not issue in reliance on
Ecology's potentially superceded certification pending completion of PCHB review of ACC's
22 ROD at 8 (AR 054088).
23 Webster's Third New International Dictionary (1993) (emphasis added).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 7
CV02 -2483R
appeal
The 401(a)(1) language cited by the Corps as dictating a determination of waiver
here was originally enacted as part of 21(b) of the Water and Environmental Quality
Improvement Act of 1970 to ensure that states would not defeat applications through "sheer
inactivity. ?26 There was no "sheer inactivity" and no waiver here, where the State
obviously and actively processed an application, up to and through the PCHB, a specialized
body established for that very purpose.
The Corps' interpretation disrupts the careful balancing of state and federal interests
crafted by Congress. The 401 waiver provision was only intended to balance the plenary
authority granted to the states under 401 by ensuring that states could not `pocket veto'
applications through "sheer inactivity" even while a federal decision was ready to go. It was
not intended to negate the mandated state certification where, as here, the federal agency itself
delayed issuance of its permit for reasons unrelated to the completion of state review. States
have their own procedures for processing 401 applications, including, of course, integral
procedures for administrative or judicial review. 27 Construing 401(a)(1) to require that a
24 PCHB Decision at pp. 18 -19 (AR 052269 -68).
25 ROD at 8 (AR 054088).
26 The Conference Report accompanying the 1970 Act explained:
In order to insure that sheer inactivity by the State will not frustrate the Federal application, a
requirement similar to that contained in the House bill is contained in the conference substitute that if
within a reasonable period, which cannot exceed one year, after it has received a request to certify, the
State fails or refuses to act on the request for certification, then the certification requirement is
waived.
27 The PCHB is a specialized quasi-judicial body which functions as the "trial court" with exclusive jurisdiction
to hear such appeals. RCW 43.21B.110(1)(c). The Washington legislature created the PCHB specifically to
ensure expert review of complex environmental decisions. See, e.g., Dioxin/Organochlorine Center v.
Department of Ecology, 119 Wn.2d 761, 775 -76, 837 P.2d 1007 (1992); RCW 43.21B.020.
The applicable statute provides that, "The purpose of the Pollution Control Hearings Board is to provide
for a more expeditious and efficient disposition of appeals with respect to decisions and orders of the Department
RCW 43.21B.010. The PCHB is by statutory mandate made up of "members qualified by experience or
training in pertinent matters pertaining to the environment RCW 43.218.020. The PCHB has the same
power as a court to review decisions, take evidence, issue findings of fact and conclusions of law, and grant
relief (including stays) within the scope of its jurisdiction, and generally conducts its proceedings in accordance
with state rules of civil procedure and evidence. See RCW Ch. 43.21B; WAC 371 -08 -300. The PCHB decision
in this case explicitly reaffirmed its statutory role in implementing the Clean Water Act in Washington:
Pursuant to RCW 43.218.110, this Board has jurisdiction to decide appeals of §401 certifications issued
by the Department of Ecology. This appeal nrocess is an integral part of the State of Washington water
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 8
CV02 -2483R
domain analysis by industry media (placed before the Corps by ACC), amply demonstrated
that the 3RW is not needed in light of: 1) the dramatic and sustained drop in flights and
delays at Sea -Tac Airport which commenced prior to September 11, 2001; 2) fundamental,
long -term changes in the airline industry; and 3) a less environmentally harmful alternative
that will more than satisfy the public need "for an efficient regional air transportation system
to meet anticipated future demand." ROD at 3 (AR 054093). Further, a new FAA forecast
released March 18, 2003, directly contradicts the prior FAA press release claim relied upon
by the Corps (AR 051731 -730) that the FAA's projections would show the project was in the
public interest.
a. Independent Analysis Demonstrates the 3RW Is Not Needed.
The "need" to spend over a billion dollars on a 1 stretch of concrete is founded
on an outdated demand forecast generated by computerized models rather than actual demand
figures5' And, although the FAA professes to have "reevaluated" its demand forecast in an
August 2001 ROD, the FAA concluded that a new set of forecasts would not produce
substantially different numbers, even though the update considered only the first five
months of 2001 actual data and that data was clearly establishing a downward trend.
In a June 15, 2001, letter to the Corps, ACC aviation expert Dr. Hockaday wrote "the
number of aircraft using Sea -Tac is now going down," with aircraft operations at Sea -Tac
declining a full 6% from April 2000 to April 2001. AR 033509. Yet, the average number of
passengers per aircraft increased by 7% during this period, reflecting a recognition by the
industry, even prior to September 11, that its prior business model of proliferating flight
operations was unsustainable AR 033515. As Dr. Hockaday observed at the time, "This
air traffic demand analysis, airport planning and aviation safety. His curriculum vitae can be found at AR
029893.
51 ROD at 104 (AR 053992).
52 Alt 036665 036476.
53 ROD at 104 (AR 053992); FAA ROD at App. A, p. 10 (AR 036648).
54 FAA ROD at App. A, p. 6 (AR 036652).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 17
CV02 -2483R
trend of increasing numbers of passengers per aircraft allows passenger traffic to grow while
the number of aircraft operations does not grow." Id.
This downward trend was compounded by a significant decline in both passenger
demand and aircraft operations starting immediately after September 11, 2001, which had a
significant negative effect on the whole aviation industry, including Sea -Tac and the airlines
that serve it. "These new impacts have changed the aviation industry fundamentally, have
completely out -dated and invalidated old assumptions and strategies, and require that any
previously planned investments be critically reexamined to determine their suitability in the
new situation." Id.
Coincidentally, one day prior to the Corps' December 13 issuance of its 404 decision,
Dr. Hockaday advised the Corps (for at least the tenth time) that the downward trend in air
traffic he had identified two years earlier was continuing yet again in the latest monthly
statistics: "Traffic peaked at Sea -Tac two years ago with 446,066 aircraft operations taking
place in 2000. Since then traffic has declined continuously, and is now nearly 20% less in late
2002, with a total of approximately 363,000 aircraft operations expected for 2002. "Delays
in 2000 were low, according to FAA, with 99% of aircraft operations not being delayed.
Delays in 2002 are even less than in 2000, and are expected to remain low for the foreseeable
future." Id. With the lower traffic levels, Sea -Tac now has significant additional excess
capacity; and "any suggestion that a third runway is needed is clearly misplaced.i
The sweeping changes in the airline industry which commenced prior to September 11
and the consequent continuing downward trend in aircraft operations render the forecast
55 See also AR 033664 -661; AR 046678 -676; AR 051578 industry media reports regarding decline in air
traffic prior to September 11, 2001).
se Decl. of Dr. Hockaday for PCHB at AR 041238, AR 041240.
5' See also AR 041515 -513; AR 051578; AR 052398 -396; AR 053410 -408; 053483 -482; 053486 -484; 053492-
488 (media reports regarding decline in airline industry); Stock Decl., A (1/17/02 Aviation Daily article, "Airline
Industry Headed for Slow Growth, Recovery," submitted to the Corps by ACC on January 30, 2002, but
apparently not included in the Corps' Administrative Record).
s AR 053612 (emphasis added).
sv Decl. of Dr. Hockaday for PCHB, at AR 041237.
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 18
CV02 -2483R
contained in the FSEIS, and upon which the FAA/Port justify continued pursuit of the project,
outdated and invalid. The graph attached hereto for the Court's convenience as Appendix 1
(AR 053540) shows historical air traffic (in dark blue) and the FSEIS forecasts (in pink). The
graph vividly illustrates that there were approximately 364,000 aircraft operations in 2002
about the same as 1992, when the economic bubble began inflating and the industry embarked
on the business plan that has now proven to be unsustainable. AR 053541. The current
airport has an annual maximum capacity of 460,000 aircraft operations. If the Corps had
revised the FAA/Corps forecast taking into consideration the ongoing drop in operations, the
revised forecast would have shown that traffic would not return to year 2000 levels and the
current airport would be able to handle forecasted demand until 2020 and beyond even
assuming an immediate "recovery" at the unrealistically high growth rates forecast in the
original FSEIS forecast (Instant Recovery Forecast shown on chart in red). AR 053541 -40.
Had the Corps performed or required a recovery forecast taking into consideration current
realities and a more realistic "recovery" rate (Normal Recovery Forecast in green), it would
have recognized that air traffic demand in 2020 will be 20% less than the capacity that FAA
has acknowledged for the existing two runways. AR 053539.
ACC's aviation experts have not been alone in pointing out the lack of need for the
3RW. In 1997, the airlines themselves, which must be ginger in their dealings with the Port
(because it controls gate assignments and other vital airport functions), raised serious
questions when faced with funding the project:
America West Airlines: "questions the amount of time delay currently experienced at
SEA [SeaTac] and if a 3` runway is needed to produce the time savings. Or is the delay
the result of factors beyond our control such as weather or inefficient utilization of
gate /aircraft operations AR 009593.
Delta: is "not convinced that the delay analysis used in justification of the project is
valid. The potential delay reductions being attributed to construction of the runway may
not materialize because the delays appear to be caused by factors other than runway
60 Letter from Dr. Hockaday to Corps dated December 5, 2002, at p. 3 (AR 053541).
61 August 8, 2001, FAA ROD at App. A, p. 8 (AR 036650).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 19
CV02 -2483R
capacity such as en route weather or weather at downline hubs." AR 009588.
TWA: "remains unconvinced that the benefits of the third runway outweigh the projected
costs" even assuming the runway will produce some delay costs savings not attributable
to other external factors. AR 009582.
United Airlines: calculates that "future passenger and operations growth are currently
significantly below the level necessary to justify a new runway for the foreseeable
future." AR 009571. "The airlines do not dispute the amount of delay at the airport, but
believe that almost none of that delay is attributable to the lack of a third runway.
Indeed, the causes of delays at SEA include the following: inbound flights weather
delays in Chicago, San Francisco and other cities; strong head winds for planes heading
into Seattle; mechanical delays such as a broken catering cart in Dallas; ill crew
members; and irregular passenger boarding processes. Based on an airline review of
delay data, less than 30 seconds of delay is attributable to the lack of a third runway."
AR 009571.
The FAA's own May 2001 Benchmark Report confirms that any delay attributable to
Sea -Tac does not justify the expense of a third runway, and there is and will remain excess
capacity at Sea -Tac for the foreseeable future. Sea -Tac was not among the eight airports the
FAA identified as experiencing significant passenger delays. AR 033051. To the contrary,
the FAA found that "only about 1% of all flights at Seattle are delayed more than 15 minutes
from their estimated flight plan arrival time," and that "some amount of congestion is not
inconsistent with efficient and affordable air transportation.s The Report showed that 19 of
the top 20 airports around the country have delays greater than Sea- Tac.
Not surprisingly, neither the FAA nor the Port submitted the FAA Benchmark Report
to the Corps. Instead, Dr. Hockaday brought the report to the Corps' attention (AR 033083),
pointing out that the Report establishes that "only in rare cases in poor weather conditions are
there limited periods of excess demand" at Sea -Tac (AR 033081), and that "no valid
justification exists for the construction of the new runway in the light of the FAA's
Benchmark Study" (AR 033075).
Despite Dr. Hockaday's studied analysis of the actual delay data in the FAA Report,
62 See FAA Airport Capacity Benchmark Report 2001 "FAA Benchmark Report") at AR 033054 and analyzed
by Dr. Hockaday at AR 033081.
63 AR 033047 and 033053.
64 AR 033076 and 033040.
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 20
CV02 -2483R
the Corps failed to conduct any independent assessment of the data, and instead accepted
uncritically the flawed computer simulation data models relied upon the FAA/ Port project
sponsors to forecast delay. It did so even though the Corps confessed the following in an
email to the FAA and Port after Dr. Hockaday brought the FAA Report to the Corps'
attention:
Below is our thought process for trying to get our arms around the questions of delay...
The Port and FAA identified poor weather delay as the major justification for the
construction of the 3r runway.
The Port and FAA have predicted that delays during poor weather will result in an
unacceptable level of delay in the planning future.
We (the Corps) originally assumed that it would be relatively easy to demonstrate that the
model trends were consistent with real conditions recorded at the airport. What we now
understand. however. is that it may be difficult to demonstrate how poor weather currently
results in operational delay with the existing data.
The Bottom Line: We understand that a 3 runway will improve efficiency at Sea -Tac
and we understand that this would be a desirable condition for the Port. However we have
not yet independently arrived at the conclusion that a 3 runway is necessary.
A little more than a month to the day after the Corps Project Manager questioned the
need for a 3rd runway, Mohammed Atta flew American Airlines Flight 11 into the North
Tower.
b. The FAA Has Now Discarded the Forecast the Corps Relied Uoon.
The Corps ROD glosses over the dramatic and continuing downward slide in air travel
nationally and at Sea -Tac, concluding that "recent forecasts predict continued increases in
aircraft operations and continued worsening of aircraft delay during poor weather
conditions.s The sole "data" support for this conclusion is a bare claim in an August 7,
2002, letter from the local FAA manager for airports that "operational levels nationwide are
65 AR 043835 -30 and AR 052487.
66 ROD at 104 (AR 053992).
67 AR 036475 (italics in original; underlining added).
68 ROD at 3 (AR 054093).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 21
CV02 -2483R
460,000 annual aircraft operations will not be exceeded until at least 2013 three years
beyond the end of the FEIS planning period (Year 2010). Ex. E to Stock Decl. and AR
062519 -518.
c. Airline Industry Changes Demonstrate the 3RW Is Not in the Public
Interest.
Six months before the Corps issued its permit, airline chief executives were warning
that the industry will have to shrink by a third before profitability returns. AR 051579. "It's a
simple issue of supply and demand, but it's one that airlines have failed to address for 50
years." AR 051578. "The airline industry's profit margin averaged just 3% from 1947 to
2000, even before the September 11 attacks cut air travel by a third and led to losses that were
greater than all the profit ever generated by airlines in the history of flying." Id.
Four months prior to the Corps' issuing its decision, U.S. Airways filed for
bankruptcy. AR 053510. A month prior to the Corps' decision, National Airlines ceased
operations and all of its flights in and out of Sea -Tac were cancelled. AR 052653. Eleven
days prior to the Corps decision, the CEO of Continental Airlines said he thought that a 15%
cut in flights across the nation's air system would be needed for airlines to become profitable.
AR 053510. And, four days prior, United Airlines filed for bankruptcy, the sixth largest ever
filed. AR 053507. In addition, American Airlines, Delta and almost all the other large
carriers continue to lose money and are on the brink of bankruptcy. AR 053510 and 052653.
The Corps ROD confirms that it turned a deaf ear, despite ACC's repeated calls for it
to independently analyze industry issues as part of its public interest review of the Port/FAA
claims of need for a 3RW. Nor does the FAA in its August 2001 ROD or its August 7,
2002, letter to the Corps, upon which the Corps relied in issuing the permit, address the
impact of the devastated, financially bankrupt industry on 3RW need claims.
"See AR 009593, 009588, 009582, 009571, 033162, 041237 -36, 041203, 04I201, 041197, 043816, 047056 -52,
050609, 051288, 051579, 051692, 051991, 052091, 052483, 052578, 052653, 053472, and 053512; see also AR
041515 -513; AR 052398 -396; AR 053410-408; 053483-482; 053486-484; 053492-488.
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 23
CV02 -2483R
Proposed Stay Out Of Areas of
Racing Ordinance (SOAR)
Chief Keith Haines
Tukwila Police Department
Proposed SOAR Ordinance
Rationale
Racing has developed into a significant problem for
Tukwila and our region. Racers gather in large
numbers and race on public and private streets.
They drive recklessly, disobey traffic laws and risk
their lives and the lives of others. The racing we
have experienced in Tukwila is usually in our
commercial business district and has lessened with
temporary closure of S. 180th Street. We believe that
the racers will return once South 180th reopens. We
are putting forth this ordinance as a preventive
measure to keep racing from strongly returning to our
city.
Proposed SOAR Ordinance
• Background
Our City Attorney, Bob Noe has drafted the
ordinance with input from our police
department on designated "No Racing
Zones." The ordinance is based on an
ordinance that has been in effect in Kent for
more than a year. The Kent City Attorney's
Office believes that this ordinance has been a
successful tool for them.
Proposed SOAR Ordinance
• Highlights
• Reduces hazards associated with illegal
racing on roadways and on private
property
• Reduces criminal trespass problems
associated with racing at local businesses
in the effected areas
Proposed SOAR Ordinance
• Highlights
• Why not cite using RCW 46.61.530
• RCW 46.61.530 Racing of vehicles on
highways (reckless driving is limited in
scope to "highways"
• TMC 8.73.040 designates "no racing
zones" which includes private roadways,
sidewalks, parking areas and adjoining
properties which provides us with a better
tool in dealing with the racing in our
industrial complex
Proposed SOAR Ordinance
• What is it?
• Prohibits unlawful race attendance in
designated zones
• A SOAR order prohibits persons charged
with the above, including reckless driving
associated with race activity, or trespass
associated with race activity from engaging
in unlawful race attendance within a no
racing zone
Proposed SOAR Ordinance
• What is it?
• A SOAR Order may be issued as a
condition of pre -trial release, sentence or
deferred sentence to any person charged
with unlawful race attendance
• Unlawful race attendance is a
misdemeanor
• A SOAR violation is a gross misdemeanor
• Designated "No Racing Zones" as depicted
on page 4 in the draft
Proposed SOAR Ordinance
• Kent Adopts Like Ordinance 5 Jun 01
• Measured effectiveness since
enactment (per Kent City Prosecutor
Michelle Walker)
• 30 citations per violation at each
emphasis
• Significant reduced racing activity within
the city
. Partnerships between PD, Prosecutor's
Office and business
MEMORANDUM
City of Tukwila
Police Department Keith E. Haines, Chief of Police
An Accredited Agency
TO: Mayor Steve Mullet
City Administrator John c and
FROM: Chief Keith Haines
DATE: September 23, 2002
SUBJECT: Proposed Unlawful- Racing Ordinance
Racing has developed into a significant problem for Tukwila and our region. Racers
gather in large numbers and race on public and private streets. They drive recklessly,
disobey traffic laws and risk their lives and the lives of others. The racing we have
experienced in Tukwila is usually in our commercial business district and has lessened
with the temporary closure of South 180` Street. We believe that the racers will return
once South 180` reopens. We are putting forth this ordinance as a preventive measure to
keep racing from strongly returning to our city.
Our City Attorney, Bob Noe, has drafted the ordinance with input from our police
department on designated "No Racing Zones The ordinance is based on an ordinance
that has been in effect in Kent for more than a year. The Kent City Attorney's Office
believes that this ordinance has been a successful tool for them.
We have video of racing and officers who have witnessed the racing here and in our
neighboring cities. Please let me know if you would like to see the video or hear the
officer accounts. They may be useful if you choose to have me take the ordinance on to
the Finance and Safety Committee.
Please let me know if you have any questions.
cc: City Attorney Bob Noe
Sgt. Bruce Linton t/
Sgt. Larry Richardson
File
Steven M. Mullet, Mayor
6200 SouthcenterBlvd. Tukwila, WA 98188 Phone: 206-433-1808 Admin. Fax 206-244-6181; Invest. Fax 206 431 -3688
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, CREATING A NEW CHAPTER OF THE
TMC, CHAPTER 8.XX, RELATING TO UNLAWFUL RACE
ATTENDANCE; CREATING A NEW CHAPTER OF THE
TMC, CHAPTER 8.XX, RELATING TO "STAY OUT OF
AREAS OF RACING ORDERS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, in the interest of public health, safety, and welfare, the City Council desires to
make it unlawful for individuals to engage in racing or to attend unlawful races within designated
no racing zones;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1 1 Jnlawfiil R ace Attrndann A new chapter of the Tukwila Municipal Code,
Chapter 8.XX, entitled "Unlawful Race Attendance," is hereby established to read as follows:
Chapter 8.XX UNLAWFUL RACE ATTENDANCE
Sections:
8.XX.010 Definitions.
8.XX 020 Unlawful race attendance Prohibited.
8.XX.010 Definitions.
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CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. 0
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout
this chapter.
A. Public place means an area, whether publicly or privately owned, generally open to the
public and includes, without limitation, the doorways and entrances to buildings or dwellings and
the grounds enclosing them, streets, sidewalks, bridges, alleys, playas, parks, driveways, and
parking lots.
B. Unlawful race event means an event wherein persons willfully compare or contest
relative speeds by operation of one or more motor vehicles.
1-
8.XX.020 Unlawful race attendance Prohibited.
Any person (1) who has actual or constructive knowledge that they are in a designated SOAR area
between the hours of 10:00 p.m. and 4.00 a.m., and (2) who has actual or constructive knowledge
that an unlawful race event is occurring, has occurred, or is about to occur, and (3) intends to
observe or support or encourage the unlawful race event, is guilty of a misdemeanor.
Section 7 Stay Out of Area of Racing SOAR A new chapter of the Tukwila Municipal
Code, Chapter 8.XX, entitled "Stay Out of Areas of Racing SOAR," is hereby established to read
as follows:
CHAPTER 8.XX STAY OUT OF AREAS OF RACING SOAR
Sections:
8.XX.010 Stay Out of Areas of Racing Abbreviation.
S.XX.020 SOAR orders.
8.XX.030 SOAR orders Issuance.
8.XX.040 SOAR orders Designated "No Racing Zones."
8.XX.050 SOAR orders Violation.
8.XX.010 Stay Out of Areas of Racing Abbreviation.
As used in this title, the acronym "SOAR" represents "Stay Out of Areas of Racing."
8.XX.020 SOAR orders.
A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a no
racing zone, as set forth in TMC 8.XX.040, between the hours of 10:00 p.m. and 4.00 a.m.
8.XX.030 SOAR orders Issuance.
A. The municipal court may issue a SOAR order to any person charged with racing,
unlawful race attendance, reckless driving associated with race activity, or trespass associated with
race activity as a condition of pre -trial release, sentence, or deferred sentence.
13. A person is deemed to have notice of the SOAR order when:
1. The signature of either the person named in the order or that of his or her attorney
is affixed to the bottom of the order, which signature shall signify the person named in the order has
read the order and has knowledge of the contents of the order; or
2. The order recites that the person named in the order, or his or her attorney, has
appeared in person before the court at the time of issuance of the order.
C. The written SOAR order shall contain the court's directives and shall bear the statement:
"Violation of this order is a criminal offense under TMC 8.XX.030 and will subject the violator to
CKTEMP\SOAR-DOC /3/09/23/02
2
arrest."
8.XX.040 SOAR orders Designated "No Racing Zones."
A. The SOAR order may apply to any of the following "No Racing Zones" between the
hours of 10:00 p.m. and 4.00 a.m.:
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1. Seagale Business Park, including:
a. Andover Park West from Tukwila Parkway to Segale Drive C;
b. Segale Drive A;
c. Seagale Drive B;
d. Segale Drive C;
e. Segale Drive D;
2. Southcenter South Business Park, including:
a. Todd Boulevard;
b. Olympic Avenue South;
c. Riverside Drive;
d. Glacier Street;
3. Andover Park East from Tukwila Parkway to South 180th Street;
4. Corporate Drive North;
5. Corporate Drive South;
6. Midland Drive;
7. Minkler Boulevard from Southcenter Parkway to 600 Industry Drive;
8. Strander Boulevard from Southcenter Parkway to West Valley Highway;
9. Triland Drive;
10. Upland Drive;
11. West Marginal Place from the 10000 block to the 11000 block; and
12. West Valley Highway from Southcenter Boulevard to South 190th Street.
B. These "No Racing Zones" include any highway, as that term is defined in RCW
46.04.197, together with adjoining property areas (such as sidewalks, entryways, landscaped areas,
and parking areas) if those adjoining areas are being used for racing or unlawful race attendance.
These "No Racing Zones" shall be designated by the placement of clear and conspicuous signs at
all highway entrances to the no racing zone. At a minimum, these signs must include the following
statements: No Racing Zone; Race Attendance Prohibited; TMC 8.XX.020. [SITE TO SECTION
-3-
1, .020 PROVISION]
8.XX.050 SOAR orders Violation.
A. In the event a police officer has probable cause to believe that a person has been issued a
SOAR order as a condition of pre -trial release or a sentence imposed by the court and, in the
officer's presence, the person is seen violating or failing to comply with any requirement or
restriction imposed upon that person by the court as a condition of his or her pre -trial release or
condition of sentence, the officer may arrest the violator without warrant for violation of the SOAR
order and shall bring that person before the court that issued the order.
B. When a SOAR order is issued pursuant to this chapter and the person so named in the
order has notice of the order, a violation of any of the provisions of the SOAR order is a gross
misdemeanor and shall be punishable by a fine not to exceed five thousand dollars ($5,000) or
imprisonment not to exceed more than one (1) year, or both.
Section 1 Severahility. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre empted by state or
federal law or regulation, such decision or pre emption shall not affect the validity of the remaining
portions of this Ordinance or its application to other persons or circumstances.
Section 4 Effective Date This Ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF 2002.
ATTEST /AUTHENTICATED:
Jane Cantu, City Clerk
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4
CITY OF TUKWILA
Mayor Steven M. Mullet
Approved as to form:
Robert F. Noe, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Date of Publication:
Effective Date:
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-5-