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HomeMy WebLinkAboutCity Council Committees - Operations - 07/17/2012 (3) • KEN T WASH NOTON Operations Committee Agenda Councilmembers: Dennis Higgins * Jamie Perry * Les Thomas, Chair July 17, 2012 4:00 p.m. Item Description Action Speaker Time Page 1. Approval of Minutes YES 1 Dated July 3, 2012 2. Approval of Check Summary YES Report dated June 16-30, 2012 3. Interlocal Agreement with Maple Valley for Jail Services (ADOPT) YES Tom Brubaker 5 min 5 4. Interlocal Agreement with Maple Valley For Kent Municipal Court Services (ADOPT) YES Tom Brubaker 5 min 13 5. City Council Meeting Amendment Ordinance (ADOPT) YES Tom Brubaker 10 min 25 6. Lodging Tax Advisory Committee Appoint (APPROVE) YES Ben Wolters 5 min 31 Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the first and third Tuesday of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. Dates and times are subject to change. For information please contact Pam Clark at (253) 856-5723. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES July 3, 2012 Committee Members Present: Dennis Higgins, Jamie Perry, Les Thomas, Chair The meeting was called to order by Les Thomas at 4:07 p.m. 1. APPROVAL OF MINUTES DATED JUNE 19, 2012. J. Perry moved to approve the Operations Committee minutes dated June 19, 2012, D. Higgins seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED JUNE 1 - JUNE 15, 2012. D. Higgins moved to recommend the City Council approve the Check Summary Reports dated June 1 through June 15, 2012. J. Perry seconded the motion, which passed 3-0. 3. RECOMMEND CITY COUNCIL ADOPT AN ORDINANCE AMENDING 2.01.020 OF THE KENT CITY CODE, ENTITLED -CITY COUNCIL MEETINGS," TO START THE REGULAR CITY COUNCIL WORKSHOPS AT 5:00 PM INSTEAD OF 5:30 P.M. The Kent City Code codifies the regular meeting dates and times of the full Council. The Council has determined that it would be more efficient to amend the code to permanently move the Regular Council Workshops to 5:00 p.m., except when a Regular or Special Council meeting occurs on or before 5:00 p.m. Moved by D. Higgins recommending the Council adopt the amendment 2.01.020 of the Kent City Code entitled "City Council Meetings". Motion failed for lack of second. L. Thomas preferred there be more discussion on this item as this was the first time some of the committee members were aware of proposed change to the Kent City Code. Following discussion, it was moved by J. Perry, seconded by L. Thomas that this item be tabled until the July 17, 2012 Operations Committee Meeting to allow for further discussion. Motion passed 3-0. 4. RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE ADMINISTRATION TO APPROVE THE CONSULTANT SERVICES AGREEMENT FOR THE HYAS GROUP TO PROVIDE REVIEW OF THE CITY'S DEFERRED COMPENSATION PROGRAM SUBJECT TO APPROVAL OF TERMS BY THE CITY ATTORNEY'S OFFICE AND SAID CONTRACT BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR JULY 17, 2012. This three-year consultant services agreement with the Hyas Group will provide investment consulting services and oversight of employee owned deferred compensation investment accounts. Through this contract, Hyas Group assumes co-fiduciary responsibility with the City and agrees to monitor and analyze the performance of plan investment options. There are currently 400 plus employees in deferred compensation and fees for this three year agreement with the Hyas Group are paid for by employees in the program. Moved by D. Higgins, seconded by J. Perry, that the above mentioned consultant services agreement with the Hyas Group be forwarded to the City Council Agenda for July 17, 2012, for approval and authorize Administration enter into said agreement. Motion passed 3-0. 2 Operations Committee Minutes July 3, 2012 Page: 2 S. RECOMMEND THE CITY COUNCIL ADOPT THE INVESTMENT POLICY ORDINANCE UPDATING DELEGATION OF AUTHORITY AND ELIMINATING DESIGNATED INSTITUTIONS FOR COLLATERAL ADVANCES. (ADOPT) Since 1996, the City has undergone reorganization making amendments necessary to various titles of delegates of authority. Due to the economic downturn and bankruptcies of lending institutions, amendments are necessary to eliminate designated institutions for collateral advances. City Attorney Brubaker addressed the amendment to the ordinance section 3.02.060, that will add a member of the Operations Committee to the Investment Committee. It was noted that the Mayor will appoint a member of the Operations Committee to the Investment Committee. Moved by J. Perry, seconded by D. Higgins, to recommend the Council adopt the Investment Policy Ordinance updating delegation of authority and eliminating designated institutions for collateral advances. Motion passed 3-0. 6. PROPERTY INSURANCE RENEWAL (INFORMATION ONLY) Risk Manager, Chris Hills, discussed moving the anniversary renewal date for the City's property insurance policy from January 1 to July 1 of each year. Costs have increased for the property insurance in 2012, largely based upon weather catastrophes around the country and new inventory completed in the spring of 2012, of City property not currently insured. The new property, valued at $53 million, will now be covered under the City's property insurance. The overall increase is 22% for insuring the additional property. Mr. Hills noted that the majority of the $53 million dollar increase is due to underground facilities such as conduit vaults and storm sewer lines that were not previously insured. The bulk of the sites are in the newly annexed Panther Lake area of the City. Chair Thomas inquired if rates will be adjusted downward now that the Howard Hanson Dam has been repaired. Mr. Hills added that there is a likelihood, although small, that rates will adjust down given the repair of the dam. While Mr. Higgins does not like to see a 22% increase, all Committee Members agreed that an updated inventory and insuring of those City assets not previously insured is much better for the City overall. 7. AFSCME CLASSIFICATION SALARY INCREASE (INFORMATION ONLY) Labor Relations Manager, Teri Smith, addressed the Committee regarding the increase in classifications of the Combination Building Inspector one salary grade, to AF 34, and Assistant Building Official (Supervisor of Combination Building Inspectors) one salary grade, to AF 40, effective January 1, 2012. These were agreed to address in labor agreements signed in 2011. Ms. Smith mentioned that in 2007, the City Council passed Resolution No. 1775 which relates to comparative salary surveys for non-represented employees. In the spirit of that resolution and for transparency, she wanted to advise the Council of an increase to 6 represented (AFSCME) employees within 2 classifications. Budget impact for the reclassifications is $11,830 (estimate). Operations Committee Members thanked Ms. Smith for the update. 3 Operations Committee Minutes July 3, 2012 Page: 3 S. ACCEPTANCE OF KING COUNTY SHERIFF'S OFFICE COST REIMBURSEMENT AGREEMENT. (APPROVE) Chief Thomas requested this item be added to the July 3, 2012 Operations Committee Agenda. As he explained, the reason for the importance of the Committee's approval and forwarding of this agreement to the City Council Meeting of July 3, 2012, is that the City received this agreement today, an agreement that would be used to send offender contact teams into the field and make personal contact with every sex offender living in Kent. This agreement period started July 1, 2012 and will end June 30, 2013. Chief Thomas explained that the grant in the amount of $68,295.91 will ensure that all 324 registered sex offenders, Level I, II, and III, living in Kent will have face-to-face contact with law enforcement officers. Level I offenders will be visited once every twelve months, Level II offenders will be visited once every six months, and Level III offenders will be visited once every three months. Since the Public Safety Committee will not meet until August, Chief Thomas requested the Operations Committee move acceptance of this agreement from the King County Sheriff's Office to the City Council Meeting of July 3, 2012. Moved by D. Higgins, seconded by J. Perry to recommend that Council authorize the Kent Police Department to accept the King County Sheriff's Office grant in an amount not to exceed $68,295.91, and authorize the Mayor to sign the agreement and establish the budget. Motion passed 3-0. 9. FINANCIAL SUMMARY REPORT FOR MAY 31, 2012 (INFORMATION ONLY) Based on information available through May, the ending General Fund balance has decreased $10,000 from the previous month, down to $560,000 due largely to a decline in sales tax during May. Mr. Nachlinger hopes that this is only a one month decline. Mr. Nachlinger is concerned about sales tax. He noted that this would be mitigated by good news that the one-time revenues for the sale of the state liquor stores is up $30 million - half goes to local governments split on per capita basis and Kent would receive $445,000 in additional one time revenue. That would make up for the $300,000 decline for liquor excise tax and mitigates the decline in sales tax. Mr. Nachlinger stated that SST in the last two quarters the City will see 3.4% reduction, or a total of $170,000 for one year; total reduction for balance of this year is $85,000. When inquiry was made as to what Administration is preparing for these rising or declining revenues, Mr. Hodgson explained that Administration will leave many open positions unfilled. Administration anticipated savings of $300,000 to cover this decline, but while the trend of permit fees are up 39%, Administration has budged and increase of 2%. Sales tax will be closely monitored and the budget adjusted accordingly as revenues or declining revenues are realized. As promised, Administration will report to the City Council each month with updated financial information and adjustments will be made to accommodate rising or falling revenues. In response to inquiry from L. Thomas, Mr. Nachlinger stated that sales tax revenue from Kent Station is approximately 1.5% of the City's total sales tax revenues. With utility tax reportedly down every single month, J. Perry requested that Council look at these figures and/or trends at a future meeting. Operations Committee Members thanked Mr. Nachlinger for the finance update. 4 Operations Committee Minutes July 3, 2012 Page: 4 The meeting was adjourned at 4:55 p.m. by L. Thomas. Patrick Briggs Operations Committee Secretary 5 LAW DEPARTMENT 440 Tom Brubaker, City Attorney Phone: 253-856-5782 N.147KEN T Fax: 253-856-6770 VVASHING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 July 17, 2012 To: Operations Committee From: Tom Brubaker, City Attorney Regarding: Interlocal Agreement with Maple Valley for Jail Services - Approve MOTION: Recommend the Mayor be authorized to enter into an interlocal agreement with the city of Maple Valley for city of Kent jail services with terms and conditions acceptable to the city attorney. SUMMARY: Coupled with the Maple Valley court services agreement, Maple Valley also does not have a city jail. The city of Kent has negotiated an agreement with Maple Valley to guarantee Maple Valley at least two jail beds per night on an annual basis, at a cost to Maple Valley of $80,300.00 per year. Based on availability in Kent's jail, additional jail beds will be made available to Maple Valley, if needed, at a cost of $135 per jail bed per day. Maple Valley will also be responsible for certain other incidental costs. BUDGET IMPACT: The city will receive income but, not having conducted this type of jail bed arrangement before, revenue projections are difficult to estimate. P:\Civil\Motions-BI-cSheI\Amend 9.36 DUI Cost Recovery Modon.docx 1 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MAPLE VALLEY AND THE CITY OF KENT FOR JAIL SERVICES THIS AGREEMENT is made and entered into by and between the City of Maple Valley ("Maple Valley"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), amunicipal corporation in the state of Washington, collectively the ("Parties"). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS,the City of Maple Valley incorporated on August 31, 1997; and WHEREAS, pursuant to state law, Maple Valley is responsible for the incarceration of defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor crimes committed in Maple Valley("Maple Valley Inmates"); and WHEREAS, Maple Valley does not own a facility suitable for incarcerating Maple Valley Inmates; and WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility("KCF"); and WHEREAS, Kent is willing to provide for the housing of Maple Valley Inmates pursuant to this Agreement; NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is mutually agreed by and between Maple Valley and Kent as follows: 1. Purpose of Agreement. The purpose of this Agreement is to provide for the incarceration of Maple Valley Inmates at the KCF; to establish the services that Kent will provide pursuant to the incarceration of Maple Valley Inmates as well as the responsibilities of Maple Valley; and to set forth the fees to be paid by Maple Valley for such services. 2. Maple Valley Inmate — Defined. A Maple Valley Inmate shall be a person 18 years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed in the City Limites of Maple Valley. 3. Jail Services Provided. The KCF shall provide the jail services enumerated in Section 3.1 for Maple Valley Inmates. T h e K C F , through its personnel, shall provide jail services enumerated herein to Maple Valley at the same level as the KCF provides services to Kent inmates. Interlocal Agreement between City of Kent and Maple Valley Page 1 of 7 7 3.1. Guaranteed Space. The KCF shall provide Maple Valley with space for two Maple Valley Inmates for each day that this Agreement is effective. These two spaces shall be referred to as Guaranteed Space. This Guaranteed Space shall be reserved only for Maple Valley Inmates as that term is defined in this Agreement. Maple Valley shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Maple Valley Inmates. 3.2 Additional Space. The KCF may have additional jail space available depending on its jail population, which fluctuates on an hourly basis ("Additional Space"). In the event that Maple Valley brings a Maple Valley Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Maple Valley is requesting Additional Space, and additional space shall be made available at the discretion of the KCF. In the event that Additional Space is made available, such Additional Space shall be paid for at the rate provided for in Section 4.2.b of this Agreement. In the event that Additional Space is not made available, Maple Valley shall be solely responsible for making other arrangements for the incarceration of the Maple Valley Inmate. 3.2 Jail Services. Maple Valley Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, and shall be subject to the same policies and procedures applicable to Kent inmates. 3.3 Programs — Incarceration Alternatives. Subject to KCF policies and procedures, Maple Valley Inmates shall have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to electronic home monitoring, work release, and work crew. A Maple Valley Inmate participating in a program shall count as a Maple Valley Inmate occupying Guaranteed Space, or if there are more than two Maple Valley Inmates, Additional Space. 3.4 Medical Services and Medications. Maple Valley Inmates shall receive the same level of medical care, and medications under the same circumstances, as Kent inmates. Medical care and medications which are provided by Occupational Health Services ("OHS") staff on contract with the KCF and at the KCF shall be included in the cost of incarceration. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Maple Valley Inmate, but which is provided to a Maple Valley Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Maple Valley, and Maple Valley shall be responsible for payment of such costs to the provider of such medical care. For example, and not by way of limitation, in the event a Maple Valley Inmate must be transported to a medical facility for treatment, the cost of medical treatment at the medical facility shall be a cost paid solely by Maple Valley, and Kent shall not be responsible for any part of the cost. Any bills or requests for payment of such costs shall be delivered to Maple Valley for payment or settlement. Interlocal Agreement between City of Kent and Maple Valley Page 2 of 7 8 3.5 Booking of Ill or Injured Maple Vallev Inmates. It is recognized that the KCF is not well equipped to handle inmates with major medical emergencies or needs. Maple Valley shall endeavor to find an alternative to booking Maple Valley Inmates with major medical emergencies or needs at the KCF. 3.6 Medical Transportation Costs. The costs of transporting Maple Valley Inmates to medical facilities shall be paid by Maple Valley and shall not be included in the payment for Guaranteed Space; provided, at the sole discretion of the KCF, the KCF staff may transport a Maple Valley Inmate to a medical facility, and in such case, Maple Valley shall not be charged for such transport. Any bills or requests for payment of medical transportation costs shall be delivered to Maple Valley for payment or settlement. 3.7 Transporting Maple Vallev Inmates to Court or Other Jail facilities. Maple Valley shall arrange for the transport of Maple Valley Inmates to all court appearances and to other jails as necessary. Kent shall not be responsible for transporting Maple Valley Inmates to court or other jails; provided, at the sole discretion of the KCF, the KCF staff may transport a Maple Valley Inmate to the Kent Municipal Court, and in such case, Maple Valley shall not be charged for such transport. 3.8 Video Court Services. KCF shall make available the KCF library and video link between the KCF and the Kent Court in order to facilitate video hearings by the Maple Valley Court for Maple Valley Inmates incarcerated at the KCF. The scheduling of video link usage shall be mutually agreed upon by Kent and Maple Valley. 3.9 Maple Vallev Inmates — Meeting Space for Defense Counsel. KCF shall make space available for Maple Valley Inmates to meet with private counsel and indigent defense counsel in order to provide inmates with the effective assistance of counsel. 3.10 Release of Maple Valley Inmates —KCF shall release Maple Valley Inmates pursuant to a signed order from the Maple Valley Court Judge or duly appointed Maple Valley Judge Pro Tem. KCF shall accept the Maple Valley Judge's orders sent via facsimile to the KCF. 4. Fees. hi consideration of the services enumerated in Section 3 of this Agreement,the Parties agree to the following fees and charges: 4.1. Fixed Fees for Guaranteed Space. Maple Valley shall pay for Guaranteed Space, as that phrase is described elsewhere in this Agreement, at a rate of$220.00 per day ($80,300.00 per year). 4.2 Variable Fees for Booking and Additional Space. Maple Valley shall pay the Interlocal Agreement between City of Kent and Maple Valley Page 3 of 7 9 following for Additional Space as that phrase is defined in Section 4.2.b of this Agreement: a. Fees for Booking. Kent shall invoice Maple Valley for booking fees in the amount of $35.00 per booking. For the purposes of this section, "booking" shall mean each instance in which a Maple Valley Inmate is booked into the jail after a period in which he or she was not subject to confinement or participating in a jail program. Maple Valley Inmates who are transported for a court hearing and then transported back to the KCF at the conclusion of the hearing will not be considered booked when readmitted to the KCF. Inmates who return to the KCF on their own free will after a temporary release or medical release shall not be considered booked when readmitted to the KCF. b. Additional Space - Daily Rate. The daily rate for Additional Space for each additional Maple Valley Inmate who occupies the KCF over and above the Guaranteed Space shall be $135.00 per day. A full day shall be charged for any Maple Valley Inmate who occupies Additional Space for any period of a day. For example, and not by limitation, a Maple Valley Inmate who is booked into the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 X $135.00,for atotal of$270.00. 5. Billing and Pavment. Kent shall bill Maple Valley no less than quarterly for all fixed and variable fees as set forth in Section 4 of this Agreement. The bill shall identify the Maple Valley Inmates who occupied the KCF during the quarter by name, as well as the number of days each Maple Valley Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged. Maple Valley shall pay to Kent the amounts billed within 30 days of receipt of such bill. The failure of Kent to bill Maple Valley for such services shall not relieve Maple Valley of the responsibility for paying any fixed or variable fees. The parties may agree in writing to an alternate method or timing for billing and payment. 6. Effective Date - Duration. This Agreement shall be effective as of the later date of execution by either party and shall terminate at 11:59 PM on December 31, 2014. The Parties may extend this Agreement by separate written agreement. 7. Termination-Notice. a. Termination Without Breach . Should either party desire to terminate this Agreement absent a breach, a Notice of Termination shall be provided to the other party by July 1 of any given year in which this Agreement is effective. hi no event shall a notice of intent to terminate without a breach contain an effective date of termination prior to December 31 of any given year. b. Termination for Breach. In the event a party is in material breach of this Interlocal Agreement between City of Kent and Maple Valley Page 4 of 7 10 Agreement, the breaching party shall be provided with 30 calendar days to cure the breach, and if that party fails to do so, this Agreement may be terminated by written notice issued by the non- breaching party. 8. Financing. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. 9. Proyerty. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. 10. Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be administered by the City Attorney for Maple Valley or his/her designee, and the City Attorney for Kent or his/her designee. 11. Indemnification. 11.1. Kent shall indemnify and hold harmless Maple Valley and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against Maple Valley, Kent shall defend the same at its sole cost and expense, provided that Maple Valley retains the right to participate in said suit; and if final judgment be rendered against Maple Valley, and its officers, agents, and employees, or any of them, or jointly against Maple Valley and Kent and their respective officers, agents, and employees, or any of them, the parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 11.2. Maple Valley shall indemnify and hold harmless Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Maple Valley, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Maple Valley shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Maple Valley and their respective officers, agents, and employees, or any of them, the parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 11.3. T h e provisions of this Section shall survive termination of this Agreement. 12. Entire Agreement This Agreement constitutes the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Interlocal Agreement between City of Kent and Maple Valley Page 5 of 7 11 Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 13. Notices. Notices shall be sent to the following addresses: City Manager Mayor City of Maple Valley City of Kent P.O. Box 320 220 Fourth Ave S Maple Valley, WA98038 Kent, WA98032 With a copy to: With a copy to: City Attorney City Attorney 14. Attomey's Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 15. Severability. 15.1. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 15.2. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed. CITY OF MAPLE VALLEY CITY OF KENT David W. Johnston Suzette Cooke City Manager Mayor ATTEST: ATTEST: Interlocal Agreement between City of Kent and Maple Valley Page 6 of 7 12 Shaunna Lee-Rice Brenda Jacober City Clerk City Clerk Approved asto Form: Approved asto Form: Christy A. Todd Tom Brubaker City Attorney City Attorney Interlocal Agreement between City of Kent and Maple Valley Page 7 of 7 13 LAW DEPARTMENT 440 Tom Brubaker, City Attorney Phone: 253-856-5782 N.147KEN T Fax: 253-856-6770 VVASHING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 July 17, 2012 To: Operations Committee From: Tom Brubaker, City Attorney Regarding: Interlocal Agreement with Maple Valley for Use of Municipal Court Services - Approve MOTION: Recommend the Mayor be authorized to enter into an interlocal agreement with the city of Maple Valley for city of Kent Municipal Court Services, with terms and conditions acceptable to the City Attorney. SUMMARY: The city of Maple Valley does not own a municipal court building and related facilities. It currently operates its court through the Enumclaw Municipal Court building. Maple Valley has asked the city to consider operating Maple Valley's court operations through Kent's court facilities. Having just purchased the Aukeen Court facility from King County, Kent staff saw an opportunity to gain some efficiencies from the combined court systems, as well as the ability to make use of available space. The two cities have been engaged in negotiations, involving each city's managers, finance directors, court administrators, city attorneys, and judges. Negotiations are now complete, except for a few minor details, which will be wrapped up this week. The agreement provides for two-years of court services at an annual cost to Maple Valley of $175,000, plus other extraordinary costs charged on a per occasion basis. Accordingly, we are presenting this to the committee now for authorization to send this agreement on to the full council for final action. BUDGET IMPACT: The city will receive income but, not having conducted this type of court services arrangement before, revenue projections are difficult to estimate. P:\Civil\Motions-Bl ueSheI\Amend 9.36 DUI Cost Recovery Modon.docx 1 14 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MAPLE VALLEY AND THE CITY OF KENT FOR MUNICIPAL COURT SERVICES THIS AGREEMENT is made and entered into by and between the City of Maple Valley("Maple Valley"), a municipal corporation in the State of Washington and the City of Kent("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties"). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW and Municipal Courts — Alternative provision, Ch. 3.50 RCW; and WHEREAS,the City of Maple Valley incorporated on August 31, 1997; and WHEREAS, pursuant to state law, Maple Valley adopted Ordinance 0-98-071 establishing its own municipal court, known as the Municipal Court of the City of Maple Valley ("Maple Valley Court"); and WHEREAS, the Maple Valley City Council appointed a municipal court judge ("Maple Valley Court Judge") for a four year term in Resolution, R-98-078 and has re- appointed a municipal judge by similar resolution upon the expiration of each term of appointment; and WHEREAS, Maple Valley does not own a facility suitable for conducting municipal court and continues to need a venue in which to conduct municipal court proceedings; and WHEREAS, Kent, which is located in King County, operates a municipal court known as the Municipal Court of the City of Kent("Kent Municipal Court"); and WHEREAS, Kent is willing to provide a venue and certain municipal court services to the Maple Valley Court at the Kent Municipal Court pursuant to terms as set forth in this Agreement; and NOW, THEREFORE, in consideration of the terms and provisions set forth below, it is mutually agreed by and between Maple Valley and Kent as follows: Interlocal Agreement between City of Kent and Maple Valley Page 1 of 10 15 1. Purpose of Agreement. The purpose of this Agreement is to provide for the processing of Maple Valley criminal complaints and infractions by the Kent Municipal Court; to set forth the fees to be paid by Maple Valley for such services; and to enumerate the court services to be provided by Kent and the Kent Municipal Court. A further purpose of this Agreement is to set forth that the Maple Valley Court will conduct its proceedings at the Kent Municipal Court, 1220 Central Avenue South, Kent, Washington. 2. Maple Vallev Court Cases and Municipal Court Services. The Maple Valley Court and the Kent Municipal Court shall be deemed separate municipal courts for the purposes of Ch. 3.50 RCW. The Kent Municipal Court shall provide the court services enumerated in Section 2.3, infra, for all Maple Valley Court cases commenced by Maple Valley. T he Kent Municipal Court, through its personnel, shall provide court services enumerated herein to the Maple Valley Court at the same level as the Kent Municipal Court provides for the same type of cases originating in Kent. The Maple Valley Court Judge agrees that the Kent Presiding Judge is responsible for the general supervision and administration of all Kent Municipal Court personnel that will be providing services to the Maple Valley Court. The Kent Municipal Court agrees that the Maple Valley Municipal Court Judge has authority to delegate necessary ministerial duties pertaining to the Maple Valley Court to Kent Municipal Court personnel. Both Parties agree that for purposes of General Rule 29, as written or hereafter amended (incorporated herein as if fully set forth), the Maple Valley Municipal Court Judge is not a supervisor of Kent Municipal Court personnel; however, the Parties agree that Kent Municipal Court personnel are responsible for implementing the Maple Valley Court Judge's orders. Given the agreements set forth herein it is appropriate that the responsibilities of the Presiding Judge as set forth in General Rule (GR) 29 of the Washington Court Rules rest with the Kent Municipal Court Presiding Judge. Thus, for the purposes of GR 29, the Kent Municipal Court Presiding Judge shall be the Presiding Judge of the Kent Municipal Court and shall maintain all of the responsibilities of presiding judge as set forth in GR 29; provided, the Maple Valley Court Judge shall be the Presiding Judge for the purposes of adjudicating Maple Valley Court Cases and for the purposes of engaging in GR 29 responsibilities that are exclusive to Maple Valley Court Cases and which do not impact the operations of the Kent Municipal Court. 2.1. Maple Valley Court Cases - Defined. Maple Valley Court Cases shall include all civil or traffic and other infraction cases, and all misdemeanor criminal complaints commenced by Maple Valley in the Kent Municipal Court on or after January 1, 2013. Maple Valley Court Cases shall also include any civil or traffic and other infraction cases and any misdemeanor criminal complaints filed in the Enumclaw Court prior to January 1, 2013,that are closed and re-opened in the Kent Municipal Court. 2.2. Appointment of Maple Vallev Municipal Judge. Pursuant to RCW 3.50.040, the Maple Valley City Council will continue to appoint a Maple Valley Municipal Court judge to adjudicate all Maple Valley Court Cases. Interlocal Agreement between City of Kent and Maple Valley Page 2 of 10 16 2.3. Municipal Court Services and Supplies. The following court services shall be provided by the Kent Municipal Court under this Agreement: a. Court Staff. The Kent Municipal Court shall provide personnel necessary to process all Maple Valley Court Cases. "Personnel' is defined as one or more court clerks, and a court administrator. During the regularly scheduled Maple Valley Court calendars, the staffing level provided by the Kent Municipal Court shall also include a minimum of the services of one court clerk in the courtroom and one court clerk in the clerical area to handle inquiries and financial transactions. In addition, Kent shall provide a staffing level of service necessary to timely process all Maple Valley Court Cases. By way of illustration and not limitation, "to timely process" shall include the issuance of all notices to appear, maintenance of Maple Valley Court files for all—Maple Valley Court Cases, case scheduling for all Maple Valley Court Cases, processing of all fines and forfeitures for Maple Valley Court Cases, and handling all paper work for Maple Valley infraction mitigation hearings that are adjudicated via mail. The Kent Municipal Court staff shall utilize the JIS and Sector systems as appropriate. b. Court Hours. The Kent Municipal Court shall be open Monday through Friday, from 8:30 a.m. to 4:30 pm; provided, the Kent Municipal Court shall not be open during holidays recognized by the City of Kent. Any emergency closure of the Kent Municipal Court due to weather or otherwise shall be at the sole discretion of the Kent Municipal Court Presiding Judge. In the event that an emergency causes the closure of the Kent Municipal Court on a day in which a Maple Valley Court calendar is scheduled, the Kent Municipal Court Administrator shall work with the Maple Valley Court Judge to reschedule cases. hi the event that a Maple Valley Court calendar is not concluded by 4:30 pm, the cases remaining on the court calendar will be rescheduled to a different Maple Valley Court calendar. C. Discovery and Subpoenas. Maple Valley, through its appointed prosecutor, shall be responsible for responding to discovery requests and for issuing subpoenas. Kent Municipal Court personnel shall not be responsible for responding to discovery requests or issuing subpoenas. d. Court Security. T he Kent Municipal Court shall provide security personnel who shall be present in and around the Kent Municipal Court facilities during operating hours. e. Public Defender Screenine. T h e Kent Municipal Court shall provide a screener to perform public defender-screening services in the same manner as this service is currently performed for the Kent Municipal Court. f. Probation. For all Maple Valley Court Cases for which probation is ordered, t h e Kent Municipal Court shall provide probation services of the same nature and at the same level that such services are provided for Kent Cases. Interlocal Agreement between City of Kent and Maple Valley Page 3 of 10 17 g. Supplies and Forms. T h e Kent Municipal Court shall order forms and paperwork necessary for processing Maple Valley Court Cases. By way of illustration and not limitation, these forms and paperwork include case setting forms, infraction hearing forms, warrants, statement on plea of guilty forms, speedy trial waiver forms and general office supplies. Court forms to be utilized in the name of the Maple Valley Court shall be a cost payable by the Maple Valley Court. h. Language Interpretation. T h e Kent Municipal Court shall arrange for and schedule all language interpretation services necessary for the processing of Maple Valley Court Cases. i. Jurors. T h e Kent Municipal Court shall arrange for the presence of jurors as deemed necessary to adjudicate Maple Valley Court Cases. j. Miscellaneous Equipment, Facility, and Utility Costs. T h e Kent Municipal Court shall provide and maintain all equipment necessary for the processing of the Maple Valley Court Cases. Kent shall provide the use of Kent's Municipal Court facility and the space necessary for the processing of Maple Valley Court Cases, and all associated janitorial services, facility insurance, building repair and maintenance, and related expenses. Kent will be responsible for payment of all utility charges such as power, water, sewer, solid waste, and telephone services for any portion of the facility or facilities utilized to process the Maple Valley Court's Cases. k. Annual Court Calendar. The Parties agree to work cooperatively to establish an annual court calendar that establishes, at least one year in advance,the dates the Maple Valley Court will be in session at the Kent Municipal Court. As of the date of execution of this Agreement, the annual court calendar for 2013 has been established. The annual court calendar includes two court days, one overflow court day, and one jury day per month. Additional court days may be added at the discretion of the court administrator working in cooperation with the Maple Valley Judge. The number of cases set per calendar will be coordinated by the Kent Municipal Court Administrator and the Maple Valley Judge. For purposes of establishing annual court calendars for 2014 and beyond, the Kent Municipal Court Administrator shall work cooperatively with the Maple Valley Court Judge and the appointed Maple Valley Prosecutor, to find mutually agreeable dates for the Maple Valley Court to conduct its proceedings. Final copies of the annual court calendar shall be distributed to the following persons: Kent Municipal Court Administrator, Kent City Attorney, Maple Valley Court Judge, appointed Maple Valley Prosecutor, appointed Maple Valley Public Defender(s), and the Maple Valley City Attorney. 1. Communications. Kent agrees to post information on its website, to provide information to the public regarding the dates that the Maple Valley Court will be held at the Kent Municipal Court in accordance with the annual court calendar, and to include contact information for Maple Valley, similar to the website information provided by Maple Valley on its website. Kent further agrees to provide a link to the Maple Valley website information on the same subject. Interlocal Agreement between City of Kent and Maple Valley Page 4 of 10 18 3. Mitigation Hearings. Infraction mitigation hearings will be held pursuant to Maple Valley local court rule. For purposes of this Agreement, a "mitigation hearing" is a hearing requested by the recipient of a traffic infraction to explain mitigating circumstances leading to the commission of the infraction. Present during mitigation hearings will be the Maple Valley Court Judge, and a court clerk provided by the Kent Municipal Court. Mitigation hearings will be scheduled according to the annual court calendar. The Kent Municipal Court's personnel will be responsible for the scheduling and processing of all paperwork for mitigation hearings. Any fines collected during such mitigation hearings will be processed by the Kent Municipal Court on behalf of the Maple Valley Court and returned to Maple Valley pursuant to and consistent with Section 5, infra At the sole discretion of the Maple Valley Court Judge, Maple Valley's Prosecutor is not required to be present during mitigation hearings. 4. Fees. 4.1. Flat Fee. In consideration of the services and supplies enumerated in Sections 2 and 3, supra, Maple Valley shall remit to Kent $175,000.00 annually, to be paid on a monthly basis at the rate of $14,583.33 each month. The $175,000.00 annual rate is based upon the following estimates of case filings: a. For 2012, Maple Valley estimates that 3,180 cases will be filed, which includes 307 criminal cases, and 2,846 infractions. b. For 2013, Maple Valley estimates that 3,498 cases will be filed, which includes 338 criminal cases, and 3,130 infractions. The Parties agree that for any month in which there are filed more than 333 cases (either criminal cases, infractions, or a combination of both), Maple Valley will pay Kent an additional $4000.00 over and above the monthly rate of$14,583.33. 4.2 Transfer of Active Cases and Case Transfer Fees. Maple Valley is under contract with the City of Enumclaw for court services until December 31, 2012. It is the intent of Maple Valley to transfer certain active cases currently filed in Enumclaw to the Kent Municipal Court. Maple Valley will, in its sole discretion, determine which cases will be transferred from Enumclaw to the Kent Municipal Court. In order to effectuate the transfer of those cases, Maple Valley will provide to the Kent Municipal Court a list of cases to be transferred no later than December 15, 2012. Maple Valley will deliver to the Kent Municipal Court, all the files it intends to transfer to the Kent Municipal Court by noon on December 28, 2012. The Kent Municipal Court will be provided with no less than 30 days to complete the transfer of cases. The Kent Municipal Court will endeavor to complete the transfer cases scheduled for the January 9, 2013 Maple Valley Court day prior to January 9, 2013. Similarly, the Kent Municipal Court will endeavor to complete the transfer of cases scheduled for the January 23, 2013 Maple Valley Court day prior to January 23, 2013. In consideration for transferring any cases from the Enumclaw court to the Kent Municipal Court, Maple Valley shall pay to the Kent Municipal Court the following Interlocal Agreement between City of Kent and Maple Valley Page 5 of 10 19 ("Transfer Fees'): a. $30.00 per infraction transferred b. $120.00 per criminal case transferred c. Overtime fees at a rate of$40.00 per hour Kent shall invoice Maple Valley after the listed cases have been transferred, and Maple Valley shall have 30 days to remit payment to Kent. 4.3. Other Fees and Costs. Kent shall invoice Maple Valley at least quarterly for the following fees and costs (which costs are not included in the Flat Fee or Transfer Fees: a. Witness fees; b. Jury fees and juror summons' fees; C. Language interpreter fees; d. Cost of printing Maple Valley Court forms All other costs not specifically enumerated in Section 4.3 are subsumed in the Flat Fee and Transfer Fees set forth in Section 4.1. 5. Fines and Forfeitures. With the exception of probation costs, records check costs, copies, and NSF fees that are collected by Kent, Kent shall remit monthly to Maple Valley costs, fines and bail forfeitures associated with Maple Valley Court Cases that were received by Kent the prior month. No state costs or assessments shall be deducted by the Kent Municipal Court from the remittance. Maple Valley shall make appropriate distributions from this remittance to the State of Washington and King County. Maple Valley's monthly flat fee payment to Kent as described in Section 4.1 shall be contingent on Maple Valley's receipt of the monthly remittance from Kent. 6. Maple Valley Municipal Court Judge and Judges Pro Tem. The Maple Valley Court Judge will appoint various Judges Pro Tem to conduct Maple Valley Court proceedings, and Maple Valley shall be responsible for scheduling and paying directly any Maple Valley Court Judges Pro Tem. The Maple Valley Court Judge will review statements of probable cause and provide signed orders of release or the setting of bail to the Kent Municipal Court for any defendant booked into jail, and provide a copy of that order to the pertinent jail. Kent Municipal Court personnel shall set first appearance or arraignment dates for Maple Valley defendants that have been booked into jail only after receipt of a signed order from the Maple Valley Court Judge or a duly appointed Maple Valley Judge Pro Tem. The Maple Valley Court Judge may promulgate local court rules for the Maple Valley Court, as well as administrative orders. Nothing in this Section shall operate to prevent the Maple Valley Court Judge from working cooperatively with the Kent Presiding Judge on the coordination of local rules for Maple Valley that are similar to, or mirror, local court rules promulgated by the Kent Municipal Court, but such decisions are discretionary with the Maple Valley Court Judge. 7. Appearance by Maple Vallev Prosecutor and Indigent Counsel. All determinations Interlocal Agreement between City of Kent and Maple Valley Page 6 of 10 20 relating to the appearance of a prosecutor or indigent defense counsel in a Maple Valley Court Case shall be the responsibility of and shall be made at the sole discretion of Maple Valley and the Maple Valley Court Judge. The appointed Maple Valley Prosecutor will not be required to be present for infraction mitigation hearings and will defer to the Maple Valley Court's discretion on these matters. In any case where the appointed Maple Valley Prosecutor desires to be heard on a particular in-custody issue, the Prosecutor will transmit his or her recommendation by facsimile or email to the Kent Municipal Court Administrator or her designee and the Maple Valley Court Judge in compliance with CrRLJ 3.2.1(b) and RCW 9A.72.085, or, in the alternative,the Prosecutor will appear personally. 8. Kent Prosecutors and Defense Attomevs Shall Not Appear. The Parties agree that the Kent Prosecutor and indigent defense counsel on contract with Kent shall not appear in Maple Valley Court Cases unless a separate contract for such services is agreed to between Maple Valley and Kent. 9. Effective Date - Duration. This Agreement shall be effective as of the later date of execution by either party and shall terminate at 11: 59 PM on December 31, 2014. The Parties may extend this Agreement by separate written agreement. 10. Termination for Breach. The parties agree that this Agreement shall be effective until the date and time specified in Section 9. In the event a party is in material breach of this Agreement, the breaching party shall be provided with 30 calendar days to cure the breach, and if that party fails to do so, the party not in breach may refer the matter of breach to its executive for dispute resolution (for Kent, the Mayor; for Maple Valley, the City Manager). 11. Future Agreements — Sharing of Information. Kent agrees that, at the request of Maple Valley, it will share Kent Municipal Court budget information; Kent Municipal Court case filing information for both Maple Valley cases and Kent cases; Kent Municipal Court statistical information available by utilization of computer systems maintained by the state Office of Administrator of the Courts; and other relevant data produced or maintained by Kent; provided that Kent shall not be required to maintain statistical information not currently maintained by the State Office of the Administrator of the Courts; and provided further that Maple Valley will be required to conduct any desired analysis, graphing, and statistical comparison and work-up of such data. 12. Financing. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement, except to the extent it is necessary for Kent to keep the receipt of the Maple Valley Court's payments for costs, fines, penalties and assessments separate and distinct from the Kent Municipal Court's payments for costs,fines, penalties and assessments. Interlocal Agreement between City of Kent and Maple Valley Page 7 of 10 21 13. Property. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. 14. Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be administered by the City Attorney for Maple Valley or his/her designee, and the City Attorney for Kent or his/her designee. 15. Indemnification. 15.1. Kent shall indemnify and hold harmless Maple Valley and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against Maple Valley, Kent shall defend the same at its sole cost and expense, provided that Maple Valley retains the right to participate in said suit; and if final judgment be rendered against Maple Valley, and its officers, agents, and employees, or any of them, or jointly against Maple Valley and Kent and their respective officers, agents, and employees, or any of them, the parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 15.2. Maple Valley shall indemnify and hold harmless Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Maple Valley, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Maple Valley shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Maple Valley and their respective officers, agents, and employees, or any of them, the parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 15.3. T h e provisions of this Section shall survive termination of this Agreement. 16. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 17. Notices. Notices shall be sent to the following addresses: Interlocal Agreement between City of Kent and Maple Valley Page 8 of 10 zz City Manager Mayor City of Maple Valley City of Kent P.O. Box 320 220 Fourth Ave S Maple Valley, WA98038 Kent, WA98032 With a copy to: With a copy to: City Attorney City Attorney 18. Attomey's Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 19. Severability. 19.1. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 19.2. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed. CITY OF MAPLE VALLEY CITY OF KENT David W. Johnston Suzette Cooke City Manager Mayor ATTEST: ATTEST: Shaunna Lee-Rice Brenda Jacober City Clerk City Clerk Approved asto Form: Approved asto Form: Interlocal Agreement between City of Kent and Maple Valley Page 9 of 10 23 Christy A. Todd Tom Brubaker City Attorney City Attorney Stephen Rochon Glen Phillips Maple Valley Court Judge Kent Municipal Court Presiding Judge P:\Civil\Files\Open Files\0265-Municipal Court Genera l\Maple Valley Interlocal Agree ment\I LA_City_of_Kent_Ver8_.docx Interlocal Agreement between City of Kent and Maple Valley Page 10 of 10 24 This page intentionally left blank 25 LAW DEPARTMENT 440 Tom Brubaker, City Attorney Phone: 253-856-5782 N'147KEN T Fax: 253-856-6770 VVASAING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 July 17, 2012 To: Operations Committee From: Tom Brubaker, City Attorney Regarding: Amend KCC 2.01.020—City Council Meetings-Ordinance-Adopt MOTION: Recommend adoption of Ordinance No. amending Section 2.01.020 of the Kent City Code, entitled "City Council Meetings." SUMMARY: The Kent City Code codifies the regular meeting dates and times of the full council. The Council has determined that it would be more efficient to amend the code to permanently move the regular Council meeting to 7:30 p.m. BUDGET IMPACT: None P:\Civil\Motions-Bl ueSheI\City Council Meetings Amend 2.01.020 Motion.docx I 26 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2.01.020 of the Kent City Code entitled "City Council Meetings," revising the regular Council meeting schedule to occur at 7:30 p.m. on Council meeting days. RECITALS Section 2.01.020 of the Kent City Code codifies the regular meeting dates and times of the full Council. The Council has determined that it would be more efficient to amend the code to permanently move most regular Council meetings to 7:30 p.m. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendments. Section 2.01.020 of the Kent City Code is amended as follows: Sec. 2.02.020. 2.01.020 City council meetings. 1 Amend Sec. 2.01.020 City Council Meetings Ordinance 27 I A. Meeting location. The regular and other meetings of the city council shall be held in the council chambers at the City Hall unless otherwise designated by majority of the city council at a regular or special meeting. B. Regular meeting date and time. The regular meetings shall be held on the first and third Tuesday of each month, except that during the month of December of each year, there shall be only one (1) regular council meeting to be held on the second Tuesday of said month. If a regular meeting occurs on a legal holiday, the meeting shall be held on the next business day at the same hour. Regular meetings shall convene at 7:8930 p.m., except that the regular meeting scheduled for the first Tuesday in August and the first Tuesday in November shall be held at 5:00 p.m. C. Special meetings. Special meetings shall be held as provided by law at such times as may be designated. D. Council workshops. Council will hold workshops to discuss pending local and regional issues at 5:30 p.m. on each regular council meeting day, except when a Fegb1laF eF speeialfull council meeting occurs at or before 5:30 p.m. Although typically no final action is expected to occur at these workshops, they do constitute regular council meetings and are subject to all the rights and limitations available to council at any regular meeting. SECTION 2, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 2 Amend Sec. 2.01.020 City Council Meetings Ordinance 28 I correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. 3 Amend Sec. 2.01.020 City Council Meetings Ordinance 29 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK a'.ADullAortlinanreVob I.un.1 M-In I,A—I K11 I I1.1.11 4 Amend Sec. 2.01.020 City Council Meetings Ordinance 30 This page intentionally left blank 31 ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters, Director KEN T Phone: 253-856-5702 WAS KING-0N Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 17, 2012 TO: Kent City Council Operations Committee FROM: Lodging Tax Advisory Committee THROUGH: Kurt Hanson, Economic Development Manager SUBJECT: Lodging Tax Advisory Committee Appointment MOTION: Move to recommend to approve the appointment of David Kwok to the Lodging Tax Advisory Committee. SUMMARY: David Kwok has requested re-appointment to the Lodging Tax Advisory Committee for another term. Mr. Kwok is the General Manager of the Hampton Inn and was also a member of the Auburn Lodging Tax Committee. This position must be filled by a person with-in a business which collects lodging tax. In the position David Kwok will serve a 3 year term, which would expire July 31, 2015 If you have any questions prior to the meeting, please call Kurt Hanson, 253-856-5706 or Ben Wolters, 856-5703. BUDGET IMPACT: None 32 ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters, Director KEN T Phone: 253-856-5702 WAS KING-0N Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 17, 2012 TO: Kent City Council Operations Committee FROM: Lodging Tax Advisory Committee THROUGH: Kurt Hanson, Economic Development Manager SUBJECT: Lodging Tax Advisory Committee Appointment MOTION: I move to recommend to approve the appointment of John Casey to the Lodging Tax Advisory Committee. SUMMARY: John Casey has requested re-appointed to the Lodging Tax Advisory Committee for another term. Mr. Casey is a partner at the Curran Law Firm and involved in the community. John Casey will be filling the positions which requires a person be active in activities funded by lodging tax. In the position Mr. Casey's new term is a 3 year term, which would expire July 31, 2015 If you have any questions prior to the meeting, please call Kurt Hanson, 253- 856-5706 or Ben Wolters, 856-5703. BUDGET IMPACT: None 33 ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters, Director KEN T Phone: 253-856-5702 WAS KING-0N Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 17, 2012 TO: Kent City Council Operations Committee FROM: Lodging Tax Advisory Committee THROUGH: Kurt Hanson, Economic Development Manager SUBJECT: Lodging Tax Advisory Committee Appointment MOTION: I move to recommend to approve the appointment of Beth Sylves to the Lodging Tax Advisory Committee. SUMMARY: Beth Sylves has requested re-appointed to the Lodging Tax Advisory Committee for another term. Ms. Sylves as the Director of Marketing for the ShoWare Center and has engaged the local business community, as well as been involved in planning and promoting activities that generate visitors to Kent as well as the greater Seattle and Southside areas. This re-appointment of Beth Sylves will be filling the position required of a person participating in activities funded by lodging tax. In the position Ms. Sylves new term is a 3 year term, which would expire July 31, 2015. If you have any questions prior to the meeting, please call Kurt Hanson, 253-856-5706 or Ben Wolters, 856-5703. BUDGET IMPACT: None