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Reg 2010-05-17 COMPLETE AGENDA PACKET
w Tukwila City Council Agenda C of Ek MEETING 0 7 °v J Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez d Steve Lancaster, City Administrator Allan Ekberg Verna Seal 190: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, May 17, 2010; 7:00 PM Ord #2287 Res #1715 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Briefing on Sound Transit Link Light Rail; Ron Lewis, Deputy Director, PRESENTATIONS Link Light Rail Department. b. Economic Development: 1) Economic Development Overview; Derek Speck, Economic Development Administrator. 2) Tukwila Village Status Report; Derek Speck, Economic Development Administrator. 3. PROCLAMATIONS/ A proclamation recognizing National Public Works Week Pg.1 APPOINTMENTS 4. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT a. Approval of Minutes: 5/3/10 (Regular); 5/10/10 (Special). AGENDA b. Approval of Vouchers. c. Accept as complete the Foster Links Reclaimed Water Pipeline project Pg.3 (Contract #09 -056) with Precision Earthworks, Inc.; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project including retainage: $111,000.37). 6. PUBLIC a. An ordinance amending various ordinances, as codified at Tukwila Pg.9 HEARINGS Municipal Code Title 18, "Zoning Code," to incorporate definitions of Diversion Facility and Diversion Interim Services Facility; to clarify definitions of Convalescent /Nursing Home, Outpatient Medical Clinic and Hospital; and to update the Zoning Code and its provisions for such uses (continued from May 3, 2010), b. An ordinance adopting by reference amendments to the Development Pg.271 Agreement between the City of Tukwila and Segale Properties LLC for the Tukwila South Development. 7. UNFINISHED a. Crisis Diversion Facilities: Pg.9 BUSINESS 1. An ordinance amending various ordinances, as codified at Tukwila Pg.13 Municipal Code Title 18, "Zoning Code," to incorporate definitions of Diversion Facility and Diversion Interim Services Facility; to clarify definitions of Convalescent /Nursing Home, Outpatient Medical Clinic and Hospital; and to update the Zoning Code and its provisions for such uses (location near the Transit Center on Andover Park West). 2. An ordinance amending various ordinances, as codified at Tukwila Pg.49 Municipal Code Title 18, "Zoning Code," to incorporate definitions of Diversion Facility and Diversion Interim Services Facility; to clarify definitions of Convalescent /Nursing Home, Outpatient Medical Clinic and Hospital; and to update the Zoning Code and its provisions for such uses (location along the West Valley Highway). (Continued) Tukwila City Council Agenda, Regular Meeting May17, 2010 Page 2 7. UNFINISHED 3. An ordinance repealing a moratorium on Diversion Facilities and Diversion Pg.87 BUSINESS Interim Service Facilities for the treatment of mentally ill and chemically- (Cont.) dependent adults in crisis, which was established by Ordinance No. 2278; repealing Ordinance No. 2278; providing for severability; and establishing an effective date. b. Authorize support of renaming the Sounder Tukwila commuter rail station to Pg.289 the "Tukwila Longacres Station." c. A resolution designating the Metropolitan Water Pollution Abatement Advisory Pg.291 Committee (MWPAAC) representatives. d. Authorize the Mayor to sign a contract with Carollo Engineers for the Water Pg.295 and Sewer Comprehensive Plan updates, in the amount of $291,000.00. e. An ordinance adopting by reference amendments to the Development Pg.271 Agreement between the City of Tukwila and Segale Properties LLC for the Tukwila South Development and authorizing the Mayor to sign the amended Development Agreement. f. Southcenter Parkway Extension documents (please bring your 4/12/10 Pg.297 C.O.W. packets): 1. Authorize the Mayor to sign a grant agreement with the Washington State Department of Commerce, in substantially the form presented, for the Southcenter Parkway Extension project to accept grant funds in the amount of $3,980,000.00. 2. Authorize the Mayor to sign a grant agreement with the Washington State Department of Commerce, in substantially the form presented, through the Community Economic Revitalization Board (CERB) program for the Southcenter Parkway Extension project to accept grant funds, in the amount of $6,000,000.00. 3. Authorize the Mayor to sign a grant agreement with the Washington State Transportation Improvement Board (TIB) for the Southcenter Parkway Extension project to accept grant funds, in the amount of $2,000,000.00. 4. Authorize the Mayor to sign an Interlocal Agreement with the Highline Water District regarding the Southcenter Parkway Extension project. 5. Authorize the Mayor to sign the underground conversion project plan agreement with Puget Sound Energy for the Southcenter Parkway extension project, estimating the construction costs to be $241,400.00. 6. Authorize the Mayor to sign the underground conversion construction agreement with Puget Sound Energy for the Southcenter Parkway Extension project, in the amount of $241,400.00. 7. Authorize the Mayor to sign Supplement #1 to Contract #10 -038 with KBA, Inc. for the Southcenter Parkway Extension project, in the amount of $2,488,950.00. 8. Award a contract to Scarsella Bros., Inc. for the Southcenter Parkway Extension project, in the amount of $16,030,030.63 (please bring your 4/12/10 C.O.W. packets). 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. NEW BUSINESS 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us. and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. Office of the Mayor Tukwila, WasHingion PRO CLAMATION WHEREAS, the Public Works services provided in our community are an integral part of the daily lives of our citizens; and WHEREAS, the efficient and effective provision of these services greatly enhances the health, safety, and welfare of our community; and WHEREAS, quality and effectiveness in the design and construction of public facilities and in the provision of public services is vitally dependent on the knowledge, skills, and dedication of the Public Works staff and officials in the City of Tukwila; and WHEREAS, the support of the community and the understanding of the importance of the work performed by Public Works staff significantly influences their ability to respond to the needs of the citizens; NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim May 16 through May 22, 2010, with this year's theme "Public Works: Above, Below and All Around You," as in the City of Tukwila, and I invite all citizens and civic organizations to acquaint themselves with the challenges confronted in the provision of Public Works services in our community and to recognize the daily contributions our Public Works Department staff make to our health, safety and quality of life. Signed this 3 ha day of fii/1 Y 2010. National Public Works Week „7/Li 6/ Hag Mayor of Tukwila 2 1 CAS NUMBER: CA EGORY Discwssion Motion Resolution Mtg Date Mtg Date 05/17/10 Mtg Date SPONSOR'S SUMMARY MTG DATE 1 05/17/10 EXPENDITURE REQUIRED MTG. DATE 05/17/10 iD- o5 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by J Ma eview cAunci1 review 05/17/10 BG -11 (:,==d ITEM INFORMATION I ORIGINAL AGENDA DA 1E: MAY 17, 2010 AGENDA ITEM TITLE Accept as complete Foster Links Reclaimed Water Pipeline Project and release retainage 1I Mtg Date Ordinance ['Bid Award Public Hearing Other SPONSOR Council Mayor Adm Svcs DCD Finance n Fire n Legal n P &R Police PV II RECORD OF COUNCIL:ACTION ATTACHMENTS Informational Memorandum dated 05/05/10 State of WA Dept of Revenue Notice of Completion 09 -056 Minutes from the Utilities Committee meeting of 05/11/10 Mtg Date Mtg Date Mtg Date ITEM No. The contract with Precision Earthworks, Inc. of Mukilteo, WA is complete for the Foster Links Reclaimed Water Pipeline Project. Construction began March 23, 2009 and was completed on June 20, 2009. Two change orders were issued for $20,060.60 and under runs credited $13,539.40. All construction costs are being reimbursed by King County as this was a pilot project for reclaimed water. Council is being asked to accept and finalize the contract in the amount of $111,000.37. REVIEWED BY COW Mtg. n CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. n Parks Comm. Planning Comm. DALE: 05/11/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $111,000.37 113,723.95 $0.00 Fund Source: 401.02 WATER FUND (PG. 92, 2010 CIP) Comments: All construction funds reimbursed by King County Dept. of Natural Resources Parks Transportation Cmte 3 4 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: May 5, 2010 SUBJECT: Foster Links Reclaimed Water Pipeline Project No. 92 -WT06, Contract 09 -056 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 09 -056 with Precision Earthworks, Inc., of Mukilteo, Washington, was issued on March 23, 2009 for construction of a new reclaimed water line extension. This water line connected the King County reclaimed water system to the Foster Links irrigation pond and is to be used to irrigate Foster Golf Course. All construction costs are being reimbursed by King County per Agreement 08 -062, which was approved by Council on July 21, 2008. ANALYSIS Construction was physically completed on June 20, 2009. Two change orders were issued during construction. Change Order No.1, in the amount of $2,818.34, was required to provide a drainage system to relieve the collection of pond water seeping through the ground into a flow control vault. Change Order No.2, in the amount of $17,242.26, was required because several of the vaults and other design elements on the plans prepared by King County Reclaimed Water Division were determined to be undersized for the planned piping systems. King County Engineers re- designed the system requiring the return of the original vaults and the use of larger vaults. Under -runs were due to the non -use of fees for Unforeseen Utility Conflict Resolution and under -use of miscellaneous work and restoration fees: The budget for this contract with a 10% contingency was $113,723.95 and the outstanding retainage amount is $5,068.51. Contract Award Amount Change Order Nos 1 and 2 Cost Under -runs Sales Tax Total Amount Paid (incl. retainage) RECOMMENDATION The Council is being asked for formal acceptance and retainage release authorization, subject to standard claim and lien release procedures, for the contract with Precision Earthworks, Inc. in the amount of $111,000.37 and consider this item on the consent agenda of the May 17, 2010 Regular Meeting. Attachment: Dept of Revenue Notice of Completion City of Tukwila 94,849.00 20,060.60 (13,539.40) 9,630.17 111.000.37 W \PW Eng \PROJECTS\A- WT Projects \92WT06 Foster Golf Reclaimed Water \Construction PhaseWfter ConstructiontfNFO MEMO Closeout 5 -11 -10 doc Jim Haggerton, Mayor 5 From: State of Washington /mss Department of Revenue PO Box 47474 RE VENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 600 500 505 City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Comments: Date 4/12/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Notice is hereby given relative to the completion of contract or project described below Description of Contract Foster Links Reclaimed Water Pipeline Contractor's Name Precision Earthworks, Inc. Contractor's Address 3 816 South Road, Mukiteo, WA 98275 Date Work Commenced Date Work Completed Date Work Accepted 3/23/09 6/20/09 Surety or Bonding Company Travelers Casualty and Surety Company of America Agent's Address 601 Union St. Suite 1000, Seattle, WA 98101 -4064 Sub -Total 101,370.20 Amount of Sales Tax Paid at 9.5 9,630.17 (If various rates apply, please send a breakdown.) TOTAL 111,000.37 iJv ress:: Contract Amount 94,849.00 Additions 20,060.60 Reductions 13,539.40 F r fly J. m. :1 Assigned To Date Assigned Signature Type or Print Name Diane Jaber Phone Number 206 -433 -1871 Liquidated Damages 0.00 Amount Disbursed Amount Retained 105,931.86 5,068.51 TOTAL 111,000.37 IsU i s n 7;76r e artmen f:Use,Onl" :w Contract Number 09 056 Telephone Number (425) 742 -1276 6/21/09 The Disbursing Officer must complete and mail THREE copies of this notice to the Depat tiuent of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (T">:Y) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27 -01) UTILITIES COMMITTEE Meeting Minutes May 11, 2010 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff: Bob Giberson, Frank Iriarte, Mike Cusick, Gail Labanara, Pat Brodin, Mike Mathia, Robin Tischmack and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 4:57 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Foster Golf Links Reclaimed Water Pioeline: Proiect Completion and Acceptance Staff is seeking Council approval for formal project completion, acceptance and release of retainage to Precision Earthworks, Inc. for the Foster Golf Links Reclaimed Water Pipeline project. Two change orders were issued during this project, both of which were related to design issues with the County's plan. Even with change orders, the project came in under budget due to cost under runs. King County will reimburse the City for full construction costs. Staff reported that some in -kind City services were also utilized; for example, City staff wrote the project specifications. UNANIMOUS APPROVAL. FORWARD TO MAY 17 CONSENT AGENDA. City of Tukwila Utilities Committee B. King County Reclaimed Water Comprehensive Plan Update At the April 27 Utilities Committee meeting, staff briefly discussed the development of the Reclaimed Water Comprehensive Plan for King County. As information only, staff reported more details on the development of the Plan including planning processes, guiding principles and conceptual strategies. Tukwila will benefit from this project by receiving empirical data regarding reclaimed water. As well, the City will be able to assist the group in formulating the plan and provide feedback on irrigation methods /best practices. INFORMATION ONLY. C. 2010 1s Ouarter Reports The Committee reviewed the status of program goals as outlined in the 2010 1s Quarter Report, and asked clarifying questions as appropriate. Committee members recognized that many projects have been deferred due to the Howard Hanson Dam crisis. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:14 p.m. Next meeting: Tuesday, May 25, 2010 5:00 p.m. Conf. Room No. 1. Committee Chair Approval Minute 4 M Reviewed by GL. 7 8 SPONSOR'S SUMMARY MTG. DATE 2/22/10 3/15/10 4/12/10 MTG. DATE 2/22/10 3/15/10 4/12/10 5/3/10 5/17/10 EXPENDITURE REQUIRED COUNCIL A GENDA SYNOPSIS Initials ITEM No. Meeting Date Prepared by 1 Ma review Council review 03/15/10 BM 1 1 04/12/10 BM 1 1 J)IQ 05/03/10 BM 2,0 1 05/17/10 BM 1 1 6, 2A1 ITEM INFORMATION CAS NUMBER: 10-020 I ORIGINAL AGENDA DATE: FEBRUARY 22, 2010 'AGENDA ITEM TITLE Siting of Crisis Diversion Crisis Diversion Interim Service Facilities within the City CATEGORY N Discussion Motion Resolution Ordinances Bid Award Public Hearing Other Mtg Date 3/15/10 Mtg Date Mtg Date Mtg Date 5/17/10 Mtg Date Mtg Date 4/12 &5 /3 Mtg Date And 5/17 SPONSOR Council Mayor Adm Svcs DCD Finance n Fire f Legal n P&R Police E PW On February 22, 2010, the City Council referred a proposed code amendment regarding Crisis Diversion and Crisis Diversion Interim Service Facilities to the Planning Commission for their review and recommendation. On February 25, 2010, the Planning Commission conducted a public hearing and is recommending to the City Council that Crisis Diversion and Crisis Diversion Interim Service Facilities be allowed in the Tukwila Urban Center (Southcenter) area of the City via an Unclassified Use Permit. A public hearing was held on April 12, 2010. The City Council decided to keep the public hearing open through the May 3, 2010 Regular Council Meeting and then to the May 17, 2010 Regular Meeting. REVIEWED BY COW Mtg. CA &P Cmte I F &S Cmte n Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 3/8/10 Unanimous Approval; Forward to Committee of the Whole RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Planning Commission (2/25); Community Affairs and Parks (3/8) COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION Forward to the Planning Commission Briefing of proposed recommendations by the Planning Commission Public Hearing continued to 5/3/10 and then continued to 5/17/10 ATTACHMENTS Informational Memorandum dated 2/13/10 City's Public Records Requests to King County, dated 9/15/09 and 12/22/09 Informational Memorandum dated 3/9/10 (Revised after CAP to include public hearing date) Revised Bus Route Information for the MIC area (attachment bb of 2/18 Staff Report) Minutes from the Community Affairs and Parks Committee meeting of 3/8/10 Staff Report to the Planning Commission dated 2/18/10 with attachments Informational Memorandum dated 4/6/10, Draft Ordinance, 3/8/10 CAP minutes Informational Memorandum dated 4/27/10 Draft Ordinance MIDD Oversight Committee Meeting Notes dated 2/25/10 Email from Amnon Shoenfeld from King County dated 3/30/10 Map of West Valley Hwy Informational Memorandum dated 5/12/10 and 3 Ordinances in final form Staff Report dated 5/6/10 with attachments (bring comb bound staff report from 3/1,V 10 TO: FROM: Nora Gierloff, Deputy DCD Director DATE: May 12, 2010 SUBJECT: Zoning Code Changes Relating to the Siting and Operation of Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities. Revised Staff Report ISSUE City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council Continuation of the public hearing on an ordinance to modify the zoning code relating to the siting and operation of Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS). BACKGROUND On April 12, 2010, the City Council conducted a public hearing on a recommendation from the Planning Commission to allow CDF and CDIS facilities within the Tukwila Urban Center as unclassified uses. At the April 12 public hearing, the City Council heard testimony from Downtown Emergency Service Center (DESC), a provider interested in operating the CDF and /or the CDIS. DESC expressed concern that the area proposed for the CDF and CDIS was not remote enough and that clients could be distracted by the Mali and other commercial activities which could interfere with their treatment goals. At the April 12, 2010 meeting the City Council also heard concerns from Westfield, LLC regarding the proposed location. Jim Haggerfon, Mayor The City Council continued the public hearing to May 3, 2010. At that meeting the City Council heard additional testimony from an attorney representing DESC and from a property owner in the Manufacturing Industrial Center area of the City. The City also received a public comment letter from DESC which again expressed concern with placing the CDF and CDIS next to the Mall. A comment letter from Gordon Derr, who represents Westfield, LLC who stated concern with placing the proposed CDF and CDIS near the retail core of the City. At the May 3rd meeting, the City Council adopted a motion to continue the public hearing and requested that staff examine the West Valley Hwy area of the City to determine if the County's revised criteria could be met there. The Council also requested that staff prepare a substitute ordinance for the Council's review and consideration. One of the main documents that the Council has been reviewing during this code update process is a staff report to the Planning Commission dated February 18, 2010. This staff report discussed the CDF Program and reviewed various areas of the City to determine the best fit with the County's criteria. Given the motion made at the May 3rd Council Meeting, staff has amended the staff report and has provided a revised staff report dated May 6, 2010 attached with this memo. The substitute ordinance is also attached. 11 12 INFORMATIONAL MEMO Page 2 DISCUSSION The revised staff report outlines much of the new information that has recently been provided to the City regarding the County's proposed CDF Program. The memo also reviews the West Valley Hwy area of the City to determine if the area can meet the County's siting criteria. The memo notes the following with regards to West Valley Hwy: 1. The proposed area meets the County's location criteria. Regional access to this area is excellent. A location along West Valley Hwy can easily access, Interstate 5, Interstate 405, State Route 167, and State Route 99. The area is also served by S. 180 street a principal east/west arterial in south King County. 2. The area meets the County's transit requirements. 3. West Valley Hwy was one of the specific routes mentioned in the County's RFP. 4. Tukwila police would have easy access to the West Valley Hwy area which will enable them to adequately serve the facility. 5. The area is removed from residential areas and thus the 24 -hour operation of the CDF would not disrupt residential uses. 6. The commercial /light industrial nature of the area allows the CDF Program to be located in an area that is free from incompatible uses that might interfere with the success of the CDF and CDIS program. The City Council also has before it an ordinance which will permit the CDF and CDIS to locate in the Southcenter Area within 1/2 mile of transit center located on Andover Park West. The Planning Commission has recommended that the City Council adopt this ordinance. However, the Planning Commission was not privy to new information that has come forward since the Planning Commission met on February 25, 2010. The Council has the following options: 1. Adopt the Southcenter ordinance forwarded to them by the Planning Commission; 2. Adopt the substitute ordinance allowing the CDF and CDIS to locate along West Valley Hwy; 3. Move to amend one of the ordinances to include both West Valley Hwy and the area around the transit center. 4. Reject both ordinances; or 5. Refer the issue back to staff for additional review. As the City Council is aware, the City currently has a moratorium in place regarding the acceptance and processing of applications for CDF and CDIS within the City. If the Council chooses either options 1, 2, or 3 as listed above, the current moratorium is no longer necessary. An ordinance has been included in the Council packet which will repeal the current moratorium. RECOMMENDATION It is recommended that the Council close the public hearing and adopt an ordinance which would allow Crisis Diversion and Crisis Diversion Interim Service Facilities as unclassified uses in the commercial /light industrial zoning district adjacent to West Valley Hwy. Staff also recommends that the ordinance repealing the current moratorium be adopted. ATTACHMENTS A. Three ordinances in final form. B. Revised Staff Report with attachments, dated May 6, 2010 W: \2010 InfoMemos \CrisisDiversion5- 17- 10.doc City of Tu Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO INCORPORATE DEFINITIONS OF DIVERSION FACILITY AND DIVERSION INTERIM SERVICES FACILITY; TO CLARIFY DEFINITIONS OF CONVALESCENT NURSING HOME, OUTPATIENT MEDICAL CLINIC AND HOSPITAL; TO DELETE THE DEFINITION OF SANITARIUM; AND TO UPDATE THE ZONING CODE AND ITS PROVISIONS FOR SUCH USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in October 2007, the King County Council passed Motion 12598, adopting the Mental Illness and Drug Dependency (MIDD) Action Plan, whose goal was "to prevent and reduce chronic homelessness and prevent and reduce unnecessary involvement in the criminal justice and emergency medical systems, and promote recovery for persons with disability mental illness or drug dependency by implementing a full continuum of treatment, housing and case management services and WHEREAS, in November 2007, the King County Council adopted Ordinance No. 15949, which increased King County's sales tax by one -tenth of a percent. The funds raised by the sales tax increase are intended to pay for the programs outlined in the MIDD Action Plan; and WHEREAS, one of the strategies of the MIDD Action Plan is the funding and operation of crisis diversion services in King County, which will be available to individuals who are in mental illness and /or chemical dependency crisis; and WHEREAS, King County has noted the importance of a crisis diversion program in order to provide services and treatment for people suffering from mental illness and/ or chemical dependency; and WHEREAS, King County's Crisis Diversion Program will accept individuals from hospitals, emergency rooms, ambulances and police agencies throughout King County; and WHEREAS, King County has stated that 50 percent of the individuals using the Crisis Diversion Program will be Police diversions from throughout King County; and WHEREAS, King County has noted the importance of a centralized location for these facilities so that police agencies throughout King County are able to easily transport individuals to and from the facilities; and WHEREAS, in August 2009, King County issued a request for proposal soliciting proposals from third parties to operate a crisis diversion facility and a crisis diversion interim service facility; both facilities are part of the Crisis Diversion Program; and WHEREAS, the City's Zoning Code does not address the operation of crisis diversion facilities or crisis diversion interim service facilities; and WHEREAS, on September 8, 2009, the Tukwila City Council passed Ordinance No. 2248, which adopted a six -month moratorium on the acceptance and processing of applications to establish and operate crisis diversion and crisis diversion interim service facilities within the City in order to allow City staff time to study the County's proposed plans and develop a process for siting these facilities within the City; and WHEREAS, the City of Tukwila filed two public records requests with King County for all documents related to the development of the Crisis Diversion Program, crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, the City of Tukwila also filed public records request with the cities of Seattle and Bellevue for information regarding the Crisis Diversion Program; and W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Transit Center on Andover Park West Page 1 of 36 13 14 WHEREAS, as result of these public records requests, City staff reviewed over 1,000 pages of documents regarding the MIDD plan and the Crisis Diversion Program. These documents provided considerable background regarding the proposed program; and WHEREAS, City staff met with King County staff on October 21, 2010 to be briefed on the County's proposed program; and WHEREAS, on November 2, 2010, the City Council held a public hearing on its adopted moratorium and heard testimony from King County employees and members of the MIDD Oversight Committee on the importance of the proposed Crisis Diversion Program and related facilities; and WHEREAS, on November 16, 2009, City staff met with King County staff to further discuss issues associated with the County's proposed Crisis Diversion Program; and WHEREAS, on November 19, 2009, City staff attended the monthly meeting of the MIDD Oversight Committee in order to gain more information about the needs of the County's proposed program; and WHEREAS, on December 17, 2009, Tukwila staff, along with staff from the cities of Burien, SeaTac, Renton and Seattle, met with King County to discuss the proposed Crisis Diversion Program and related facilities; and WHEREAS, on December 29, 2010, City staff met with the King County Executive's Office to further discuss the County's proposed program; and WHEREAS, on January 5, 2010, the City of Tukwila hosted a meeting with south King County cities and the King County Prosecuting Attorney's Office to further discuss to the County's proposed crisis diversion services program; and WHEREAS, on January 26, 2010, City staff again met with the King County's Executive's Office to further discuss the County's proposed program; and WHEREAS, on January 28, 2010, City staff attended the January meeting of the MIDD Oversight Committee to continue to learn about the County's Crisis Diversion Program; and WHEREAS, the City desires to accommodate King County's Diversion Program, while also ensuring compliance with the City's Comprehensive Plan and King County's Countywide Planning Policies; and WHEREAS, the Zoning Code of the City of Tukwila establishes permit processes for various uses and the City wishes to expand those procedures to include crisis diversion facilities and crisis diversion interim facilities; and WHEREAS, given the unique nature of crisis diversion facilities, it is important to clarify the definitions of hospital, outpatient medical facilities and nursing homes; and WHEREAS, the Tukwila City Council shares King County's concerns that people with mental illness and /or chemical dependency issues should not be criminalized or stigmatized because of their current state; and WHEREAS, on February 12, 2010, the Director of Community Development determined the proposed code changes do not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and WHEREAS, on February 12, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to modify its Zoning Code; and WHEREAS, on February 25, 2010, City staff attended the February meeting of the MIDD Oversight Committee to gain information on needs of the County's proposed Crisis Diversion Program; and WHEREAS, on February 25, 2010, the City Council, utilizing the Council's authority under TMC Section 18.80.020, referred the proposed code changes to the Tukwila Planning Commission for their review, consideration and recommendation; and WHEREAS, on February 25, 2010, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Zoning Code and adopted a motion recommending the proposed changes; and WHEREAS, at the February 25, 2010 Tukwila Planning Commission meeting, the Planning Commission received and reviewed a staff report dated February 18, 2010, which evaluated the proposed crisis diversion facility and crisis diversion interim service facility location criteria against the characteristics of various Tukwila neighborhoods; and WHEREAS, on March 8, 2010, the Community Affairs and Parks Committee of the Tukwila City Council considered the proposed code change recommended by the Tukwila Planning lN: Word Processing \Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 2 of 36 Commission and forwarded the proposed changes to the City Council for review and consideration; and WHEREAS, on March 11, 2010, King County re- released portions of the RFP soliciting vendors to respond to King County's requests to operate a crisis diversion facility in King County; the RFP included additional information, clarifying and changing the needs of the proposed facilities; and WHEREAS, on March 15, 2010, the Tukwila City Council was briefed on King County's Crisis Diversion Program and the proposed code changes recommended by the Planning Commission; and WHEREAS, King County has provided clarity to the City regarding the need for transit near crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, on April 12, 2010, the Tukwila City Council, following public notice, held a public hearing to receive testimony concerning the recommendations of the Plaruling Commission; and WHEREAS, given the important nature of these facilities and to ensure the City Council has needed information regarding the operation of crisis diversion facilities and crisis diversion interim service facilities, the City Council continued the public hearing to the May 3 and May 17, 2010 Tukwila City Council meetings; and WHEREAS, the Planning Commission recommended that the proposed Crisis Diversion Facility and Crisis Diversion Interim Service Facility be located in the Southcenter area (Tukwila Urban Center) of the City within one -half mile of the transit center located along Andover Park West; and WHEREAS, the Southcenter area (Tukwila Urban Center) has easy access to Interstate 5, Interstate 405, State Route 99, State Route 167, West Valley Highway, Southcenter Boulevard, Southcenter Parkway, Strander Boulevard, and South 180th Street; and WHEREAS, the Southcenter area (Tukwila Urban Center) has mass transit that exceeds King County's minimal requirement; and WHEREAS, the Southcenter area (Tukwila Urban Center) meets all of the location criteria established by King County for these facilities; and WHEREAS, the 24 -hour nature of crisis diversion facilities makes these facilities incompatible with residentially -zone neighborhoods; and WHEREAS, the Tukwila City Council has reviewed the staff report with supporting attachments, dated February 18, 2010, and the recommendation of the Planning Commission; and WHEREAS, the SEPA Responsible Official has issued an addendum to the February 12, 2010 Determination of Non Significance; and WHEREAS, the Tukwila City Council has reviewed a revised staff report dated May 12, 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion facility" is a facility that provides community crisis services, which diverts people from jails, hospitals or other treatment options due to mental illness or chemical dependency, including those facilities licensed as crisis stabilization units by the State of Washingon. Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion interim services facility" is a facility that provides interim or respite services, such as temporary shelter, medical mental health treatment, case management or other support options such as transportation arrangements for patients who are referred to such a facility from a diversion facility. Section 3. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.150, is amended to read as follows: "Outpatient medical clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and /or practitioners and does not include overnight care facilities. This category does not include diversion facility or diversion interim services facility. W: \Word Processing Ordinances Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 3 of 36 15 16 Section 4. Ordinance Amended. Ordinance No. 1976 §13, as codified at TMC Section 18.06.173, is amended to read as follows: "Convalescent /nursing home" means a residential facility, such as a hospice, offering 24- hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in- patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent /nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. Section 5. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.435, is amended to read as follows: "Hospital" means a building requiring a license pursuant to Chapter 70.41 RCW and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, diversion facility/ diversion interim services facility and outpatient medical clinics are not included. Section 6. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.700, is amended to delete the definition for "Sanitarium." Section 7. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 57, 1830 55, 1814 52 and 1758 51, as codified at TMC Section 18.16.020, are amended to read as follows: 18.16.020 Permitted Uses. The following uses are permitted outright within the Mixed -Use Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Billiard or pool rooms. 5. Brew pubs. 6. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 7. Computer software development and similar uses. 8. Convalescent and nursing homes for not more than 12 patients. 9. Daycare centers. 10. Dwelling one detached single family dwelling per existing lot. 11. Dwelling multi- family units above office and retail uses. 12. Dwelling senior citizen housing as a freestanding use subject to additional requirements. 13. Financial, banking, mortgage and other services. 14. Fraternal organizations. 15. Laundries: a. self service b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Medical and dental laboratories. 18. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative W: \Word Processing \Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 4 of 36 f. business, such as travel, real estate g. commercial 19. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses or commercial recreation. 20. Recreation facilities (commercial indoor), athletic or health clubs. 21. Religious facility with an assembly area less than 750 square feet. 22. Restaurants, including cocktail lounges in conjunction with a restaurant. 23. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 24. Retail sales as part of a planned mixed -use development, where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 25. Schools and studios for education or self improvement. 26. Shelters. 27. Studios art, photography, music, voice and dance. 28. Telephone exchanges. 29. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 8. Ordinances Amended. Ordinance Nos. 2135 §6, 1865 §16, 1830 §6 and 1758 §1, as codified at TMC Section 18.16.040, are amended to read as follows: 18.16.040 Conditional Uses. The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.64, Conditional Use Permits: 1. Bed and Breakfast lodging. 2. Cemeteries and crematories. 3. Religious facility with an assembly area greater than 750 square feet and community center buildings. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Electrical substation distribution. 7. Fire and police stations. 8. Hospitals. 9. Park- and -ride lots. 10. Radio, television, microwave or observation stations and towers. 11. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 12. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 9. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830 §5, 1814 §2 and 1758 §1, as codified at TMC Section 18.18.020, are amended to read as follows: 18.18.020 Permitted Uses. The following uses are permitted outright within the Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or W: \Word Processing \Ordinances \Diversion Facilities Title 13.docx MD:ksn 05/13/2010 Page 5 of 36 17 18 b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 6. Convalescent and nursing homes for not more than 12 patients. 7. Daycare centers. 8. Dwelling one detached single family dwelling per existing lot. 9. Financial, banking, mortgage other services. 10. Fraternal organizations. 11. Laundries: a. self service b. dry cleaning c. tailor, dyeing 12. Libraries, museums or art galleries (public). 13. Medical and dental laboratories. 14. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 16. Recreation facilities (commercial indoor), athletic or health clubs. 17. Religious facility with an assembly area less than 750 square feet. 18. Restaurants, including cocktail lounges in conjunction with a restaurant. 19. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 20. Schools and studios for education or self improvement. 21. Shelters. 22. Studios art, photography, music, voice and dance. 23. Telephone exchanges. 24. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 10. Ordinances Amended. Ordinance Nos. 2135 §7, 1976 §33, 1865 §19, 1830 69 and 1758 61, as codified at TMC Section 18.18.040, are amended to read as follows: 18.18.040 Conditional Uses. The following uses may be allowed within the Office District, subject to the requirements, procedures and conditions established by TMC Section 18.18.64, Conditional Use Permits: 1. Cemeteries and crematories. 2. Religious facility with an assembly area greater than 750 square feet and community center buildings. 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations distribution. 6. Fire and police stations. 7. Hospitals. 8. Park- and -ride lots. 9. Radio, television, microwave or observation stations and towers. W: \Word Processing\ Ordinances\ Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 6 of 36 10. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 11. Ordinances Amended. Ordinance Nos. 2097 912, 1976 936 and 1758 91, as codified at TMC Section 18.20.020, are amended to read as follows: 18.20.020 Permitted Uses. The following uses are permitted outright within the Residential Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Daycare centers. 6. Dwelling one detached single- family dwelling per existing lot. 7. Dwelling multi- family units above office and retail uses. 8. Fix-it, radio or television repair shops /rental shops. 9. Greenhouses or nurseries (commercial). 10. Laundries: a. self service b. dry- cleaning c. tailor, dyeing 11. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 12, Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 13. Religious facility with an assembly area less than 750 square feet. 14. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 15. Schools and studios for education or self improvement. 16. Studios art, photography, music, voice and dance. 17. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 12. Ordinances Amended. Ordinance Nos. 2097 913, 1976 940, 1954 91, 1830 911, 1814 92 and 1758 91, as codified at TMC Section 18.22.020, are amended to read as follows: 18.22.020 Permitted Uses. The following uses are permitted outright within the Neighborhood Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed b. washing W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 7 of 36 19 20 c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk -in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk -in basis and meeting the City's performance standards. 8. Cabinet shops or carpenter shops employing less than five people. 9. Computer software development and similar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling one detached single family dwelling per existing lot. 13. Dwelling multi- family units above office and retail uses. 14. Financial: a. banking b. mortgage c. other services 15. Fix -it, radio or television repair shops /rental shops. 16. Fraternal organizations. 17. Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 20. Libraries, museums or art galleries (public). 21. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 22. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 23. Plumbing shops (no tin work or outside storage). 24. Recreation facilities (commercial indoor), athletic or health clubs. W: \Word Processing \Ordinances \Diversion Facilities Title 18.docx MD:ksn O5 /13/2010 Page 8 of 36 25. Religious facility with an assembly area less than 750 square feet. 26. Restaurants, including cocktail lounges in conjunction with a restaurant. 27. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 28. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 29. Schools and studios for education or self improvement. 30. Studios art, photography, music, voice and dance. 31. Telephone exchanges. 32. Theaters, excluding adult entertainment establishments, as defined by this Code. 33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 34. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 13. Ordinances Amended. Ordinance Nos. 2021 §2,1986 §7, 1971 §10, 1865 §27, 1830 §14, 1814 §2 and 1758 §1, as codified at TMC Section 18.24.020, are amended to read as follows: 18.24.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. W:\ Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 9 of 36 21 22 17. Dwelling multi- family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix-it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Religious facility with an assembly area less than 750 square feet. 41. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. W: \Word Processing Ordinances \Diversion Facilities Title 18 docx MD:ksn 05/13/2010 Page 10 of 36 44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 14. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 §3, 1865 §28, 1830 §15 and 1758 §1, as codified at TMC Section 18.24.040, are amended to read as follows: 18.24.040 Conditional Uses. The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.64, Conditional Use Permits: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11, Internet data/ telecommunication centers. 12. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 13. Park- and -ride lots. 14. Pawnbrokers. 15. Radio, television, microwave or observation stations and towers. 16. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 15. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2 and 1758 §1, as codified at TMC Section 18.26.020, are amended to read as follows: 18.26.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial Mixed Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. W:\ Word Processing Ordinances \Diversion Fadlifies Title 18.docx MD:ksn 05/13/2010 Page 11 of 36 23 24 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial envirolunents are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi family units above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing, and/ or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. W: \Word Processing\ Ordinances Diversion Facilities Title 18 docx MD:ksn 05/13/2010 Page 12 of 36 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Religious facility with an assembly area less than 750 square feet. 41. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, Lumber /building materials, lawn and garden supplies, farm supplies. 44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 16. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18, and 1758 §1, as codified at TMC Section 18.26.040, are amended to read as follows: 18.26.040 Conditional Uses. The following uses may be allowed within the Regional Commercial Mixed -Use District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. N4\ Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 13 of 36 25 26 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park- and -ride lots. 13. Pawnbrokers. 14. Radio, television, microwave or observation stations and towers. 15. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 17. Ordinance Amended. Ordinance No. 2084 §2, as codified at TMC Section 18.28.020, is amended to read as follows: 18.28.020 Permitted Uses. The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage c. other services W: \Word Processing Ordinances \Diversion Facilities Tide 18.docx MD:ksn 05/13/2010 Page 14 of 36 19. Fix-it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data /telecommunication centers. 27. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). 29. Manufacturing, processing and /or packaging of foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 30. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 31. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 32. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial indoor) athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Religious facility with an assembly area less than 750 square feet. 45. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 46. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 47. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. W:\ Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 15 of 36 27 2 48. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 49. Schools and studios for education or self improvement. 50. Self- storage facilities. 51. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Studios art, photography, music, voice and dance. 53. Taverns, nightclubs. 54. Telephone exchanges. 55. Theaters, excluding adult entertainment establishrnents, as defined by this code. 56. Warehouse storage and /or wholesale distribution facilities. 57. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 18. Ordinances Amended. Ordinance Nos. 2135 912, 2097 915 and 2084 92, as codified at TMC Section 18.28.040, are amended to read as follows: 18.28.040 Conditional Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Bed and Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond or Minkler Pond. 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling multi- family units (maximum 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond or Minkler Pond. 8. Indoor animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 9. Transit oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail/ Amtrak Station property. 10. Drive -in theaters. 11. Electrical substations distribution. 12. Fire and police stations. 13. Hospitals. 14. Manufacturing, processing and/ or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 15. Park- and -ride lots. 16. Radio, television, microwave or observation stations and towers. 17. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 18. Schools, preschool, elementary, junior or high schools, and equivalent private schools. W:\ Word Processing Ordinances Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 16 of 36 Section 19. Ordinances Amended. Ordinance Nos. 2097 916 and 2084 92, as codified at TMC Section 18.28.050, are amended to read as follows: 18.28.050 Unclassified Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Airports, landing fields and heliports (except emergency sites). 2. Essential public facilities, except those uses listed separately in any of the districts established by this title. 3. Hydroelectric and private utility power generating plants. 4. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 5. Mass transit facilities. 6. Diversion facility and diversion interim services facility, subject to being located within one -half mile of a Metro Transit Center, as defined under TMC Section 18.06,840. Section 20. Ordinances Amended. Ordinance Nos. 2021 55, 1986 510, 1974 56, 1971 513, 1830 523, 1814 52 and 1758 51, as codified at TMC Section 18.30.020, are amended to read as follows: 18.30.020 Permitted Uses. The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertailunent establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 17 of 36 29 30 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground -floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Daycare centers. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing and publishing. 27. Internet data /telecommunication centers. 28. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 29. Libraries, museums or art galleries (public). 30. Manufacturing, processing and/ or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 31. Manufacturing, processing and /or packaging of foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 32. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and /or packaging previously- prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 34. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police d. stations e. professional W: \Word Processing Ordinances \Diversion Facilities Title 13.docx MD:ksn 05/13/2010 Page 18 of 36 f. administrative g. business, such as travel, real estate h. commercial 39. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Railroad tracks (including lead, spur, Ioading or storage). 44. Recreation facilities (commercial indoor) athletic or health clubs. 45. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 46. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53. Salvage and wrecking operations that are entirely enclosed within a building. 54. Schools and studios for education or self improvement. 55. Self- storage facilities. 56. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 57. Studios art, photography, music, voice and dance. 58. Taverns, nightclubs. 59. Telephone exchanges. 60. Theaters, excluding adult entertainment establishments, as defined by this code. 61. Tow truck operations, subject to all additional State and local regulations. 62. Truck terminals. 63. Warehouse storage and /or wholesale distribution facilities. 64. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 21. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 §36, 1830 §24 and 1758 §1, as codified at TMC Section 18.30.040, are amended to read as follows: 18.30.040 Conditional Uses. The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. W: \Word Processing\ Ordinances Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 19 of 36 31 32 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 12. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 13. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park- and -ride lots. 15. Radio, television, microwave or observation stations, and towers. 16. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 17. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work and the assembly of products from the above materials. Section 22. Ordinances Amended. Ordinance Nos. 2021 §6, 1986 §11, 1974 §7, 1971 §14,1814 §2, 1774 §1 and 1758 §1, as codified at TMC Section 18.32.020, are amended to read as follows: 18.32.020 Permitted Uses. The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. W:\ Word Processing \Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 20 of 36 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix-it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 31. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 32. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles and woods. W:\ Word Processing Ordinances Diversion Fadlities Title 18.docx MD.ksn 05/13/2010 Page 21 of 36 33 34 33. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 34. Medical and dental laboratories. 35. Mortician and funeral homes. 36. Motels. 37. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 38. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 39. Pawnbrokers. 40. Planned shopping center (Mall). 41. Plumbing shops (no tin work or outside storage). 42. Railroad tracks (including lead, spur, loading or storage). 43. Recreation facilities (commercial indoor) athletic or health clubs. 44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 45. Religious facility with an assembly area less than 750 square feet. 46. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 47. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 48. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 49. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 50. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 51. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Salvage and wrecking operations that are entirely enclosed within a building. 53. Schools and studios for education or self improvement. 54. Self- storage facilities. 55. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 56. Taverns, nightclubs. 57. Telephone exchanges. 58. Theaters, excluding adult entertainment establishments, as defined by this code. 59. Tow truck operations, subject to all additional State and local regulations. 60. Truck terminals. 61. Warehouse storage and /or wholesale distribution facilities. 62. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and W: \Word Processing \Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 22 of 36 b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 23. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1, as codified at TMC Section 18.32.040, are amended to read as follows: 18.32.040 Conditional Uses. The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals. 10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 11. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 12. Park and -ride lots. 13. Radio, television, microwave or observation stations and towers. 14. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 15. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 16. Rock crushing, asphalt or concrete hatching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 24. Ordinances Arnended. Ordinance Nos. 2021 57, 1986 §12, 1974 58, 1971 §15, 1814 52, 1774 52 and 1758 51, as codified at TMC Section 18.34.020, are amended to read as follows: 18.34.020 Permitted Uses. The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 23 of 36 35 36 c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5 Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15, Daycare centers. 16. Extended -stay hotel /motel. 17, Financial: a. banking b. mortgage c. other services 18. Fix-it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 31. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. WA Word Processing\ Ordinances\ Diversion Facilities Title 18.docz MD:ksn 05/13/2010 Page 24 of 36 32. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37, Mortician and funeral homes. 38. Motels. 39, Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 51. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 52. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 53. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 54. Salvage and wrecking operations. 55. Schools and studios for education or self improvement. 56. Self- storage facilities. 57. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. W: \\Nord Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/20W Page 25 of 36 37 38 58. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Taverns, nightclubs. 60. Telephone exchanges. 61. Theaters, excluding adult entertainment establishments, as defined by this code. 62. Tow truck operations, subject to all additional State and local regulations. 63. Truck terminals. 64. Warehouse storage and /or wholesale distribution facilities. 65. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive PIan. Section 25. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 and 1758 §1, as codified at TMC Section 18.34.040, are amended to read as follows: 18.34.040 Conditional Uses. The following uses may be allowed within the Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 10. Hospitals. 11. Park and -ride lots. 12. Radio, television, microwave or observation stations and towers. 13. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 14. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. Section 26. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9,1954 §2, 1814 §2, 1774 §3 and 1758 §1, as codified at TMC Section 18.36.020, are amended to read as follows: 18.36.020 Permitted Uses. The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; W: \Word Processing Ordinances Diversion Facilities Title 19.docx MD:ksn 05/13/2010 Page 26 of 36 (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Commercial laundries. 8. Contractors storage yards. 9. Daycare centers. 10. Extended -stay hotel /motel. 11. Heavy equipment repair and salvage. 12. Hotels. 13. Industries involved with etching, film processing, lithography, printing and publishing. 14. Internet data /telecommunication centers. 15. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 18. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 19. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 20. Manufacturing, processing and or packaging pharmaceuticals and related products, such as cosmetics and drugs. 21. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 22. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 23. Motels. 24. Offices including, but not limited to software development and similar uses, financial services, schools and studios for education or self improvement less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 1N: \Word Processing \Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 27 of 36 39 40 25. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 26. Railroad tracks (including lead, spur, loading or storage). 27. Recreation facilities (commercial indoor) athletic or health clubs. 28. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 29. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 30. Research and development facilities. 31. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 32. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 33. Salvage and wrecking operations which are entirely enclosed within a building. 34. Self- storage facilities. 35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet and to a height of 50 feet with a front yard setback of 100 feet; security required. 36. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 37. Taverns, nightclubs. 38. Telephone exchanges. 39. Tow truck operations, subject to all additional State and local regulations. 40. Truck terminals. 41. Warehouse storage and /or wholesale distribution facilities. 42. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 27. Ordinances Amended. Ordinance Nos. 2235 97, 2021 99, 1986 914, 1974 910, 1971 916, 1814 92, 1774 94 and 1758 91, as codified at TMC Section 18.32.020, are amended to read as follows: 18.38.020 Permitted Uses. The following uses are permitted outright within the Manufacturing Industrial Center Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. W:\ Word Processing Ordinances \Diversion Facilities Title 18.docx MD:1,sn 05/13/2010 Page 28 of 36 b. The distances specified in TMC Section 18.38.O20.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Computer software development and similar uses. 8. Contractor storage yards. 9. Daycare centers. 10. Extended -stay hotel /motel. 11. Financial: a. banking b. mortgage c. other services 12. Heavy equipment repair and salvage. 13. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering. 14. Hotels. 15. Industries involved with etching, film processing, lithography, printing and publishing. 16. Internet data /telecommunication centers. 17. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 18. Libraries, museums or art galleries (public). 19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 20. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining and consumable electrode melting; and similar heavy industrial uses. 21. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 22. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 23. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 24. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 25. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. W: \Word Processing\ Ordinances Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 29 of 36 41 42 26. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 27. Motels. 28. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 29. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 30. Railroad tracks (including lead, spur, loading or storage). 31. Recreation facilities (commercial indoor), athletic or health clubs. 32. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 33. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 34. Research and development facilities. 35. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 37. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 38. Salvage and wrecking operations. 39. Schools and studios for education or self- improvement. 40. Self- storage facilities. 41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 42. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 43. Taverns, nightclubs. 44. Telephone exchanges. 45. Tow truck operations, subject to all additional State and local regulations. 46. Truck terminals. 47. Warehouse storage and /or wholesale distribution facilities. 48. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 28. Ordinances Amended. Ordinance Nos. 2135 §17, 2028 §2, 1865 §44 and 1758 §1, as codified at TMC Section 18.38.040, are amended to read as follows: 18.38.040 Conditional Uses. The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Colleges and universities. 2. Electrical substations distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 5. Offices not associated with other permitted uses and excluding medical /dental clinics, subject to the following location and size restrictions: W: \Word Processing \Ordinances \Diversion Facilities Title 13.docx MD:ksn 05/13/2010 Page 30 of 36 a. New office developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are shown in Figure 18 -12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations, may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12 -11 -1995 (the effective date of the Comprehensive Plan) may convert to a stand -alone office use subject to the provisions of this code. 6. Park- and -ride lots. 7. Radios, television, microwave or observation stations and towers. 8. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 9. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods and similar items; limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. Section 29. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1, as codified at TMC Section 18.40.020, are amended to read as follows: 18.40.020 Permitted Uses. The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c, body and engine repair shops (enclosed within a building) W:\ Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 31 of 36 43 44 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling one detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19, Extended -stay hotel /motel. 20. Farming and farm related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix-it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 32 of 36 d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 47. Religious facility with an assembly area of less than 750 square feet. 48. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Research and development facilities. 51. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 52. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 53. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 54. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 55. Salvage and wrecking operations that are entirely enclosed within a building. 56. Schools and studios for education or self improvement. 57. Self- storage facilities. 58. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Studios art, photography, music, voice and dance. 60. Taverns, nightclubs. 61. Telephone exchanges. 62. Theaters, excluding adult entertainment establishments, as defined by this code. 63. Tow truck operations, subject to all additional State and local regulations. 64. Truck terminals. 65. Warehouse storage and /or wholesale distribution facilities. 66. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 30. Ordinance Amended. Ordinance No. 2251, as codified at TMC Section 18.41.020, is amended to read as follows: 18.41.020 Permitted Uses. The following uses are permitted outright within the Tukwila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD1sn 05/13/2010 Page 33 of 36 45 46 1. Adult daycare. 2. Adult entertainment establishrnents are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon, which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot b. multi- family c. multi- family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking W:\ Word Processing \Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 34 of 36 b. mortgage c. other services 24. Fire and police stations. 25. Fix-it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data /telecommunication centers. 33. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 36. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 37. Manufacturing, processing, and/ or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 38. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 39. Medical and dental laboratories. 40. Motels. 41. Movie theaters with three or fewer screens. 42. Neighborhood stormwater detention and treatment facilities. 43. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48. Private stable. 49. Recreation facilities (commercial indoor), athletic or health clubs. 50. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 51. Religious facility with an assembly area of less than 750 square feet. 52. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Page 35 of 36 47 48 54. Research and development facilities. 55. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 56. Retail sales of health and beauty aids, prescription chugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 57. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 58. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Schools and studios for education or self improvement. 60. Self storage facilities. 61. Sewage lift stations. 62. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 63. Studios art, photography, music, voice and dance. 64. Taverns, nightclubs. 65. Telephone exchanges. 66. Theaters for live performances only, not including adult entertainment establishments. 67. Tow truck operations, subject to all additional State and local regulations. 68. Water pump station. 69. Vehicle storage (no customers onsite, does not include park and -fly operations). 70. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 31. 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 32. 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Ordinances \Diversion Facilities Title 18.docx MD:ksn 05/13/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 36 of 36 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO INCORPORATE DEFINITIONS OF DIVERSION FACILITY AND DIVERSION INTERIM SERVICES FACILITY; TO CLARIFY DEFINITIONS OF CONVALESCENT NURSING HOME, OUTPATIENT MEDICAL CLINIC AND HOSPITAL; TO DELETE THE DEFINITION OF SANITARIUM; AND TO UPDATE THE ZONING CODE AND ITS PROVISIONS FOR SUCH USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in October 2007, the King County Council passed Motion 12598, adopting the Mental Illness and Drug Dependency (MIDD) Action Plan, whose goal was "to prevent and reduce chronic homelessness and prevent and reduce unnecessary involvement in the criminal justice and emergency medical systems, and promote recovery for persons with disability mental illness or drug dependency by implementing a full continuum of treatment, housing and case management services and WHEREAS, in November 2007, the King County Council adopted Ordinance No. 15949, which increased King County's sales tax by one -tenth of a percent. The funds raised by the sales tax increase are intended to pay for the programs outlined in the MIDD Action Plan; and WHEREAS, one of the strategies of the MIDD Action Plan is the funding and operation of a crisis diversion program in King County, which will be available to individuals who are in mental illness and /or chemical dependency crisis; and WHEREAS, King County has noted the importance of a crisis diversion program in order to provide services and treatment for people suffering from mental illness and/ or chemical dependency; and WHEREAS, King County's Crisis Diversion Program will accept individuals from hospitals, emergency rooms, ambulances and police agencies throughout King County; and WHEREAS, King County has stated that 50 percent of the individuals using the Crisis Diversion Program will be Police diversions from throughout King County; and WHEREAS, King County has noted the importance of a centralized location for these facilities so that police agencies throughout King County are able to easily transport individuals to and from the facilities; and WHEREAS, in August 2009, King County issued a request for proposal soliciting proposals from third parties to operate a crisis diversion facility and a crisis diversion interim service facility; both facilities are part of the Crisis Diversion Program; and WHEREAS, the City's Zoning Code does not address the operation of crisis diversion facilities or crisis diversion interim service facilities; and WHEREAS, on September 8, 2009, the Tukwila City Council passed Ordinance No. 2248, which adopted a six-month moratorium on the acceptance and processing of applications to establish and operate crisis diversion and crisis diversion interim service facilities within the City in order to allow City staff time to study the County's proposed plans and develop a process for siting these facilities within the City; and WHEREAS, the City of Tukwila filed two public records requests with King County for all documents related to the development of the Crisis Diversion Program, crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, the City of Tukwila also filed public records request with the cities of Seattle and Bellevue for information regarding the Crisis Diversion Program; and W: \Word Processing \Ordinances \Diversion West Valley.docx MD'ksn 05/13/2010 Along West Valley Highway Page 1 of 37 49 50 WHEREAS, as result of these public records requests, City staff reviewed over 1,000 pages of documents regarding the MIDD plan and the Crisis Diversion Program. These documents provided considerable background regarding the proposed program, and WHEREAS, City staff met with King County staff on October 21, 2010 to be briefed on the County's proposed program; and WHEREAS, on November 2, 2010, the City Council held a public hearing on its adopted moratorium and heard testimony from King County employees and members of the MIDD Oversight Committee on the importance of the proposed Crisis Diversion Program and related facilities; and WHEREAS, on November 16, 2009, City staff met with King County staff to further discuss issues associated with the County's proposed Crisis Diversion Program; and WHEREAS, on November 19, 2009, City staff attended the monthly meeting of the MIDD Oversight Committee in order to gain more information about the needs of the County's proposed program; and WHEREAS, on December 17, 2009, Tukwila staff, along with staff from the cities of Burien, SeaTac, Renton and Seattle, met with King County to discuss the proposed Crisis Diversion Program and related facilities; and WHEREAS, on December 29, 2010, City staff met with the King County Executive's Office to further discuss the County's proposed program; and WHEREAS, on January 5, 2010, the City of Tukwila hosted a meeting with south King County cities and the King County Prosecuting Attorney's Office to further discuss to the County's proposed crisis diversion services program; and WHEREAS, on January 26, 2010, City staff again met with the King County's Executive's Office to further discuss the County's proposed program; and WHEREAS, on January 28, 2010, City staff attended the January meeting of the MIDD Oversight Committee to continue to learn about the County's Crisis Diversion Program; and WHEREAS, the City desires to accommodate King County's Crisis Diversion Program, while also ensuring compliance with the City's Comprehensive Plan and King County Countywide Planning Policies; and WHEREAS, the Zoning Code of the City of Tukwila establishes permit processes for various uses and the City wishes to expand those procedures to include crisis diversion facilities and crisis diversion interim facilities; and WHEREAS, given the unique nature of crisis diversion facilities, it is important to clarify the definitions of hospital, outpatient medical facilities and nursing homes; and WHEREAS, the Tukwila City Council shares King County's concerns that people with mental illness and /or chemical dependency issues should not be criminalized or stigmatized because of their current state; and WHEREAS, on February 12, 2010, the Director of Community Development determined the proposed code changes do not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and WHEREAS, on February 12, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to modify its Zoning Code; and WHEREAS, on February 25, 2010, City staff attended the February meeting of the MIDD Oversight Committee to gain information on needs of the County's proposed Crisis Diversion Program; and WHEREAS, on February 25, 2010, the City Council, utilizing the Council's authority under TMC Section 18.80.020, referred the proposed code changes to the Tukwila Planning Commission for their review, consideration and recommendation; and WHEREAS, on February 25, 2010, the Tukwila Planning Commission, following public notice, held a public hearing to receive testimony concerning amending the Zoning Code and adopted a motion recommending the proposed changes; and WHEREAS, at the February 25, 2010 Tukwila Planning Commission meeting, the Planning Commission received and reviewed a staff report dated February 18, 2010, which evaluated the proposed crisis diversion facility and crisis diversion interim service facility location criteria against the characteristics of various Tukwila neighborhoods; and WHEREAS, on March 8, 2010, the Community Affairs and Parks Committee of the Tukwila City Council considered the proposed code change recommended by the Tukwila Planning W: \Word Processing Ordinances Diversion West Vatley.docx MD:ksn 05/13/2010 Page 2 of 37 Commission and forwarded the proposed changes to the City Council for review and consideration; and WHEREAS, on March 11, 2010, King County re- released portions of the RFP soliciting vendors to respond to King County's requests to operate a crisis diversion facility in King County; the RFP included additional information, clarifying and changing the needs of the proposed facilities; and WHEREAS, on March 15, 2010, the Tukwila City Council was briefed on King County's Crisis Diversion Program and the proposed code changes recommended by the Planning Commission; and WHEREAS, King County has provided clarity to the City regarding the need for transit near crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, on April 12, 2010, the Tukwila City Council, following public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; and WHEREAS, given the important nature of these facilities and to ensure the City Council has needed information regarding the operation of crisis diversion facilities and crisis diversion interim service facilities, the City Council continued the public hearing to the May 3 and May 17, 2010 Tukwila City Council meetings; and WHEREAS, during the public hearing, the City Council heard testimony from providers with specific knowledge of the operation of crisis diversion programs. These providers testified that these crisis diversion facilities should not be placed in crowded, commercial areas, that the crisis diversion facility would not be a compelled facility, and that police would be called if a police diversion wishes to leave the facility against the advice of staff; and WHEREAS, on May 3, 2010, pursuant to its authority under TMC Section 18.80.060, the City Council indicated a desire to modify the proposal forwarded by the Planning Commission and made a motion requesting that City staff examine the West Valley Highway area of the City to determine if the area met King County's criteria; and WHEREAS, West Valley Highway was specifically called out as a desired route to have access from in King County's RFP; and WHEREAS, the West Valley Highway area has easy access to Interstate 5, Interstate 405, and State Route 167; and WHEREAS, the West Valley Highway area has the needed mass transit, as outlined by King County staff; and WHEREAS, the West Valley Highway area meets all of the location criteria established by King County for these facilities; and WHEREAS, the 24 -hour nature of crisis diversion facilities makes these facilities incompatible with residentially -zoned neighborhoods; and WHEREAS, the area proposed for the Crisis Diversion Program is zoned commercial /light industrial, in which permanent residential uses are excluded from the zoning; and WHEREAS, the Tukwila City Council has reviewed the staff report with supporting attachments, dated February 18, 2010, and the recommendation of the Planning Commission; and WHEREAS, the SEPA Responsible Official has issued an addendum to the February 12, 2010 Determination of Non Significance; and WHEREAS, the Tukwila City Council has reviewed a revised staff report dated May 12, 2010; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion facility" is a facility that provides comrnunity crisis services, which diverts people from jails, hospitals or other treatment options due to mental illness or chemical dependency, including those facilities licensed as crisis stabilization units by the State of Washingon. Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion interim services facilihj" is a facility that provides interim or respite services, such as temporary shelter, medical mental health treatment, case management or other support W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 3 of 37 51 52 options such as transportation arrangements for patients who are referred to such a facility from a diversion facility. Section 3. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.150, is amended to read as follows: "Outpatient medical clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and /or practitioners and does not include overnight care facilities. This category does not include diversion facility or diversion interim services facility. Section 4. Ordinance Amended. Ordinance No. 1976 §13, as codified at TMC Section 18.06.173, is amended to read as follows: "Convalescent/nursing home" means a residential facility, such as a hospice, offering 24- hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in- patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent /nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. Section 5. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.435, is amended to read as follows: "Hospital" means a building requiring a license pursuant to Chapter 70.41 RCW and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, diversion facility/ diversion interim services facility and outpatient medical clinics are not included. Section 6. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.700, is amended to delete the definition for "Sanitarium." Section 7. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830 §5, 1814 §2 and 1758 §1, as codified at TMC Section 18.16.020, are amended to read as follows: 18.16.020 Permitted Uses. The following uses are permitted outright within the Mixed -Use Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Billiard or pool rooms. 5. Brew pubs. 6. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 7. Computer software development and similar uses. 8. Convalescent and nursing homes for not more than 12 patients. 9. Daycare centers. 10. Dwelling one detached single family dwelling per existing lot. 11. Dwelling multi- family units above office and retail uses. 12. Dwelling senior citizen housing as a freestanding use subject to additional requirements. 13. Financial, banking, mortgage and other services. 14. Fraternal organizations. 15. Laundries: a. self service b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 4 of 37 17. Medical and dental laboratories. 18. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 19. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses or commercial recreation. 20. Recreation facilities (commercial indoor), athletic or health clubs. 21. Religious facility with an assembly area less than 750 square feet. 22. Restaurants, including cocktail lounges in conjunction with a restaurant. 23. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 24. Retail sales as part of a planned mixed -use development, where at least 50% of gross leasable floor area development is for office use; no auto- oriented retail sales (e.g., drive -ins, service stations). 25. Schools and studios for education or self improvement. 26. Shelters. 27. Studios art, photography, music, voice and dance. 28. Telephone exchanges. 29. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 8. Ordinances Amended. Ordinance Nos. 2135 56, 1865 516, 1830 56 and 1758 51, as codified at TMC Section 18.16.040, are amended to read as follows: 18.16.040 Conditional Uses. The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.64, Conditional Use Permits: 1. Bed and Breakfast lodging. 2. Cemeteries and crematories. 3. Religious facility with an assembly area greater than 750 square feet and community center buildings. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Electrical substation distribution. 7. Fire and police stations. 8. Hospitals. 9. Park and -ride lots. 10. Radio, television, microwave or observation stations and towers. 11. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 12. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 9. Ordinances Amended. Ordinance Nos. 2097 59, 1986 55, 1976 528, 1971 57, 1830 55,1814 52 and 1758 51, as codified at TMC Section 18.18.020, are amended to read as follows: 18.18.020 Permitted Uses. The following uses are permitted outright within the Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: W:\ Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 5 of 37 53 54 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 6. Convalescent and nursing homes for not more than 12 patients. 7. Daycare centers. 8. Dwelling one detached single- family dwelling per existing lot. 9. Financial, banking, mortgage other services. 10. Fraternal organizations. 11. Laundries: a. self service b. dry cleaning c. tailor, dyeing 12. Libraries, museums or art galleries (public). 13. Medical and dental laboratories. 14. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 16. Recreation facilities (commercial indoor), athletic or health clubs. 17. Religious facility with an assembly area less than 750 square feet. 18. Restaurants, including cocktail lounges in conjunction with a restaurant. 19. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 20. Schools and studios for education or self improvement. 21. Shelters. 22. Studios art, photography, music, voice and dance. 23. Telephone exchanges. 24. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 10. Ordinances Amended. Ordinance Nos. 2135 §7, 1976 §33, 1865 §19, 1830 59 and 1758 51, as codified at TMC Section 18.18.040, are amended to read as follows: 18.18.040 Conditional Uses. The following uses may be allowed within the Office District, subject to the requirements, procedures and conditions established by TMC Section 18.18.64, Conditional Use Permits: 1. Cemeteries and crematories. 2. Religious facility with an assembly area greater than 750 square feet and community center buildings. W:\ Word Processing Ordinances Diversion West V alley .docx MD:ksn 05/13/2010 Page 6 of 37 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations distribution. 6. Fire and police stations. 7. Hospitals. 8. Park- and -ride lots. 9. Radio, television, microwave or observation stations and towers. 10. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 11. Schools, preschool elementary, junior or senior high schools (public), and equivalent private schools. Section 11. Ordinances Amended. Ordinance Nos. 2097 512, 1976 536 and 1758 51, as codified at TMC Section 18.20.020, are amended to read as follows: 18.20.020 Permitted Uses. The following uses are permitted outright within the Residential Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Daycare centers. 6. Dwelling one detached single- family dwelling per existing lot. 7. Dwelling multi- family units above office and retail uses. 8. Fix -it, radio or television repair shops /rental shops. 9. Greenhouses or nurseries (commercial). 10. Laundries: a. self service b. dry- cleaning c. tailor, dyeing 11. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 12. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 13. Religious facility with an assembly area less than 750 square feet. 14. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 15. Schools and studios for education or self improvement. 16. Studios art, photography, music, voice and dance. 17. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 12. Ordinances Amended. Ordinance Nos. 2097 513, 1976 540, 1954 51, 1830 511, 1814 52 and 1758 51, as codified at TMC Section 18.22.020, are amended to read as follows: W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 7 of 37 55 56 18.22.020 Permitted Uses. The following uses are permitted outright within the Neighborhood Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside purnps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk -in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk -in basis and meeting the City's performance standards. 8. Cabinet shops or carpenter shops employing less than five people. 9. Computer software development and similar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling one detached single family dwelling per existing lot. 13. Dwelling multi- family units above office and retail uses. 14. Financial: a. banking b. mortgage c. other services 15. Fix-it, radio or television repair shops /rental shops. 16. Fraternal organizations. 17. Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 20. Libraries, museums or art galleries (public). 21. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 8 of 37 e. administrative f. business, such as travel, real estate g. commercial 22. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 23. Plumbing shops (no tin work or outside storage). 24. Recreation facilities (commercial indoor), athletic or health clubs. 25. Religious facility with an assembly area less than 750 square feet. 26. Restaurants, including cocktail lounges in conjunction with a restaurant. 27. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 28. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 29. Schools and studios for education or self improvement. 30. Studios art, photography, music, voice and dance. 31. Telephone exchanges. 32. Theaters, excluding adult entertainment establishments, as defined by this Code. 33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 34. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 13. Ordinances Amended. Ordinance Nos. 2021 52,1986 57, 1971 510, 1865 527, 1830 514, 1814 52 and 1758 51, as codified at TMC Section 18.24.020, are amended to read as follows: 18.24.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial Iaundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 9 of 37 57 58 b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi- family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Religious facility with an assembly area less than 750 square feet. W: \Word Processing\ Ordinances\ Diversion West valley. docx MD:ksn 05/13/2010 Page 10 of 37 41. Rental of vehicles not requiring a conunercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 14. Ordinances Amended. Ordinance Nos. 2135 510, 1974 53,1865 528, 1830 515 and 1758 51, as codified at TMC Section 18.24.040, are amended to read as follows: 18.24.040 Conditional Uses. The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.64, Conditional Use Permits: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11. Internet data/ telecommunication centers. 12. Manufacturing, processing and/ or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging. 13. Park and -ride lots. 14. Pawnbrokers. 15. Radio, television, microwave or observation stations and towers. 16. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 11 of 37 59 60 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 15. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2 and 1758 §1, as codified at TMC Section 18.26.020, are amended to read as follows: 18.26.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial Mixed Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi- family units above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix-it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 12 of 37 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 30. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. PIanned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Religious facility with an assembly area less than 750 square feet. 41. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing \Ordinances \Diversion West Valley.docx MD.ksn 05/13/2010 Page 13 of 37 61 62 Section 16. Ordinances Amended. Ordinance Nos. 2135 511, 1974 54, 1865 532, 1830 §18, and 1758 §1, as codified at TMC Section 18.26.040, are amended to read as follows: 18.26.040 Conditional Uses. The following uses may be allowed within the Regional Commercial Mixed -Use District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this tide: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park -and -ride lots. 13. Pawnbrokers. 14. Radio, television, microwave or observation stations and towers. 15. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 17. Ordinance Amended. Ordinance No. 2084 52, as codified at TMC Section 18.28.020, is amended to read as follows: 18.28.020 Permitted Uses. The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. W: \Word Processing Ordinances \Divermon West Vatley.docx MD:ksn 05/13/2010 Page 14 of 37 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage c. other services 19. Fix-it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data/ telecommunication centers. 27. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). 29. Manufacturing, processing and /or packaging of foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 30. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 31. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 32. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities comrercial indoor) athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Religious facility with an assembly area less than 750 square feet. W: \Word Processing\ Ordinances Diversion West Valley.docx MD:ksn 05/13/2010 Page 15 of 37 63 64 45. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 46. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 47. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 48. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 49. Schools and studios for education or self improvement. 50. Self- storage facilities. 51. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Studios art, photography, music, voice and dance. 53. Taverns, nightclubs. 54. Telephone exchanges. 55. Theaters, excluding adult entertainment establishments, as defined by this code. 56. Warehouse storage and /or wholesale distribution facilities. 57. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 18. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 §2, as codified at TMC Section 18.28.040, are amended to read as follows: 18.28.040 Conditional Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Bed and Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond or Minkler Pond. 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling multi family units (maximum 22.0 units /acre except senior citizen housing which is allowed to 100 units/ acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond or Milkier Pond. 8. Indoor animal shelters and kennels, subject to all additional State and Local regulations (less than four cats or dogs does not need a permit). 9. Transit oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail /Amtrak Station property. 10. Drive -in theaters. 11. Electrical substations distribution. 12. Fire and police stations. 13. Hospitals. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 16 of 37 14. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 15. Park and -ride lots. 16. Radio, television, microwave or observation stations and towers. 17. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 18. Schools, preschool, elementary, junior or high schools, and equivalent private schools. Section 19. Ordinances Amended. Ordinance Nos. 2097 §16 and 2084 52, as codified at TMC Section 18.28.050, are amended to read as follows: 18.28.050 Unclassified Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Airports, landing fields and heliports (except emergency sites). 2. Essential public facilities, except those uses listed separately in any of the districts established by this title. 3. Hydroelectric and private utility power generating plants. 4. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 5. Mass transit facilities. Section 20. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10, 1974 56, 1971 513, 1830 523, 1814 52 and 1758 51, as codified at TMC Section 18.30.020, are amended to read as follows: 18.30.020 Permitted Uses. The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) W:\ Word Processing Ordinances \Diversion West Valley.docx MD :ksn 05/13/2010 Page 17 of 37 65 66 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground -floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Daycare centers. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing and publishing. 27. Internet data/ telecommunication centers. 28. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 29. Libraries, museums or art galleries (public). 30. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 31. Manufacturing, processing and /or packaging of foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 32. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 34. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 18 of 37 38. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police d. stations e. professional f. administrative g. business, such as travel, real estate h. commercial 39. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Railroad tracks (including lead, spur, loading or storage). 44. Recreation facilities (commercial indoor) athletic or health clubs. 45. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 46. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53. Salvage and wrecking operations that are entirely enclosed within a building. 54. Schools and studios for education or self improvement. 55. Self- storage facilities. 56. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 57. Studios art, photography, music, voice and dance. 58. Taverns, nightclubs. 59. Telephone exchanges. 60. Theaters, excluding adult entertainment establishments, as defined by this code. 61. Tow truck operations, subject to all additional State and local regulations. 62. Truck terminals. 63. Warehouse storage and /or wholesale distribution facilities. 64. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 19 of 37 67 68 Section 21. Ordinances Amended. Ordinance Nos. 2135 §13,1865 §36, 1830 §24 and 1758 51, as codified at TMC Section 18.30.040, are amended to read as follows: 18.30.040 Conditional Uses. The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 12. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 13. Manufacturing, processing and/or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park-arid-ride lots. 15. Radio, television, microwave or observation stations, and towers. 16. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 17. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work and the assembly of products from the above materials. Section 22. Ordinances Amended. Ordinance Nos. 1991 55, 1976 553, and 1758 51, as codified at TMC Section 18.30.050, are amended to read as follows: 18.30.050 Unclassified Uses. The following uses may be allowed within the Commercial/ Light Industrial District, subject to the requirements, procedures and conditions established in TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydro electric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits, together with associated structures. 7. Mass transit facilities. 8. Diversion facilities and diversion interim service facilities, provided they are located south of Strander Boulevard. Section 23. Ordinances Amended. Ordinance Nos. 2021 56, 1986 511, 1974 57, 1971. 514, 1814 52, 1774 51 and 1758 51, as codified at TMC Section 18.32.020, are amended to read as follows: 18.32.020 Permitted Uses. The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: W: \Word Processing \Ordinances \Diversion West Valley.docx MD;ksn 05/13/2010 Page 20 of 37 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix-it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing and publishing. W: \Word Processing Ordinances \Diversion West Valley.docx MD :ksn 05/13/2010 Page 21 of 37 69 70 25. Internet data/ telecommunication centers. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 29, Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 31. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 32. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles and woods. 33. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 34. Medical and dental laboratories. 35. Mortician and funeral homes. 36. Motels. 37. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 38. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 39. Pawnbrokers. 40. Planned shopping center (Mall). 41. Plumbing shops (no tin work or outside storage). 42. Railroad tracks (including lead, spur, loading or storage). 43. Recreation facilities (commercial indoor) athletic or health clubs. 44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 45. Religious facility with an assembly area less than 750 square feet. 46. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 47. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 48. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 49. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewehy, gifts, recreation equipment and sporting goods, and similar items. W:\ Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 22 of 37 50. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 51. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Salvage and wrecking operations that are entirely enclosed within a building. 53. Schools and studios for education or self improvement. 54. Self- storage facilities. 55. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 56. Taverns, nightclubs. 57. Telephone exchanges. 58. Theaters, excluding adult entertainment establishments, as defined by this code. 59. Tow truck operations, subject to all additional State and IocaI regulations. 60. Truck terminals. 61. Warehouse storage and /or wholesale distribution facilities. 62. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 24. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1, as codified at TMC Section 18.32.040, are amended to read as follows: 18.32.040 Conditional Uses. The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks, 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals. 10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 11. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 12. Park- and -ride lots. 13. Radio, television, microwave or observation stations and towers. 14. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 15. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 25. Ordinances Amended. Ordinance Nos. 2021 97, 1986 §12,1974 98, 1971 915, 1814 92, 1774 92 and 1758 91, as codified at TMC Section 18.34.020, are amended to read as follows: W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 23 of 37 71 72 18.34.020 Permitted Uses. The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5 Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix-it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. W: \INord Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 24 of 37 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and/ or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 31. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 32. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: W: \Word Processing Ordinances \Diversion West Valley.docz MD:ksn 05/13/2010 Page 25 of 37 73 74 a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 51. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 52. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 53. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 54. Salvage and wrecking operations. 55. Schools and studios for education or self improvement. 56. Self storage facilities. 57. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 58, Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Taverns, nightclubs. 60. Telephone exchanges. 61. Theaters, excluding adult entertainment establishments, as defined by this code. 62. Tow truck operations, subject to all additional State and local regulations. 63. Truck terminals. 64. Warehouse storage and /or wholesale distribution facilities. 65. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 26. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 and 1758 §1, as codified at TMC Section 18.34.040, are amended to read as follows: 18.34.040 Conditional Uses. The following uses may be allowed within the Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 10. Hospitals. 11. Park -and -ride lots. 12. Radio, television, microwave or observation stations and towers. W:\ Word Processing Ordinances Diversion West Valley.docx MD:ksn 05/13/2010 Page 26 of 37 13. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 14. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. Section 27. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9, 1954 §2, 1814 §2, 1774 §3 and 1758 §1, as codified at TMC Section 18.36.020, are amended to read as follows: 18.36.020 Permitted Uses. The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Commercial laundries. 8. Contractors storage yards. 9. Daycare centers. 10. Extended -stay hotel /motel. 11. Heavy equipment repair and salvage. 12. Hotels. 13. Industries involved with etching, film processing, lithography, printing and publishing. 14. Internet data /telecommunication centers. 15. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 27 of 37 75 76 17. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 18. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 19. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 20. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 21. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 22. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 23. Motels. 24. Offices including, but not limited to software development and similar uses, financial services, schools and studios for education or self improvement less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 25. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 26. Railroad tracks (including lead, spur, loading or storage). 27. Recreation facilities (commercial indoor) athletic or health clubs. 28. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 29. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 30. Research and development facilities. 31. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 32. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 33. Salvage and wrecking operations which are entirely enclosed within a building. 34. Self- storage facilities. 35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet and to a height of 50 feet with a front yard setback of 100 feet; security required. 36. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 37. Taverns, nightclubs. 38. Telephone exchanges. 39. Tow truck operations, subject to all additional State and local regulations. 40. Truck terminals. 41. Warehouse storage and /or wholesale distribution facilities. 42. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 28 of 37 Section 28. Ordinances Amended. Ordinance Nos. 2235 57, 2021 59, 1986 514, 1974 510, 1971 516, 1814 52, 1774 54 and 1758 51, as codified at TMC Section 18.32.020, are amended to read as follows: 18.38.020 Permitted Uses. The following uses are permitted outright within the Manufacturing Industrial Center Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Computer software development and similar uses. 8. Contractor storage yards. 9. Daycare centers. 20. Extended -stay hotel /motel. 11. Financial: a. banking b. mortgage c. other services 12. Heavy equipment repair and salvage. 13. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering. 14. Hotels. 15. Industries involved with etching, film processing, lithography, printing and publishing. 16. Internet data /telecommunication centers. 17. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 29 of 37 77 7 18. Libraries, museums or art galleries (public). 19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 20. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining and consumable electrode melting; and similar heavy industrial uses. 21. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 22. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 23. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 24. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 25. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 26. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 27. Motels. 28. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 29. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 30. Railroad tracks (including lead, spur, loading or storage). 31. Recreation facilities (commercial indoor), athletic or health clubs. 32. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 33. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 34. Research and development facilities. 35. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 37. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 38. Salvage and wrecking operations. 39. Schools and studios for education or self- improvement. 40. Self- storage facilities. 41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 42. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 43. Taverns, nightclubs. 44. Telephone exchanges. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 30 of 37 45. Tow truck operations, subject to all additional State and local regulations. 46. Truck terminals. 47. Warehouse storage and or wholesale distribution facilities. 48. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 29. Ordinances Amended. Ordinance Nos. 2135 §17, 2028 §2, 1865 §44 and 1758 §1, as codified at TMC Section 18.38.040, are amended to read as follows: 18.38.040 Conditional Uses. The following uses may be allowed within the Manufacturing Industrial. Center /Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Colleges and universities. 2. Electrical substations distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 5. Offices not associated with other permitted uses and excluding medical /dental clinics, subject to the following location and size restrictions: a. New office developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was Iegaily established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are shown in Figure 18 -12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations, may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12 -11 -1995 (the affective date of the Comprehensive Plan) may convert to a stand -alone office use subject to the provisions of this code. 6. Park- and -ride lots. 7. Radios, television, microwave or observation stations and towers. 8. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 9. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods and similar items; limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. Section 30. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1, as codified at TMC Section 18.40.020, are amended to read as follows: 18.40.020 Permitted Uses. The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and W. \Word Processing Ordinances \Diversion West Valley.docx NID:ksn 05 /13/2010 Page 31 of 37 79 80 (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling one detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel /motel. 20. Farming and farm- related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix -it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self -serve b. dry- cleaning W:\ Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 32 of 37 c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing, processing and/ or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 47. Religious facility with an assembly area of less than 750 square feet. 48. Rental of vehicles riot requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Research and development facilities. 51. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 52. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 53. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 54. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 55. Salvage and wrecking operations that are entirely enclosed within a building. 56. Schools and studios for education or self improvement. 57. Self storage facilities. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 33 of 37 81 82 58. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Studios art, photography, music, voice and dance. 60. Taverns, nightclubs. 61. Telephone exchanges. 62. Theaters, excluding adult entertainment establishments, as defined by this code. 63. Tow truck operations, subject to all additional State and local regulations. 64. Truck terminals. 65. Warehouse storage and /or wholesale distribution facilities. 66. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 31. Ordinance Amended. Ordinance No. 2251, as codified at TMC Section 18.41.020, is amended to read as follows: 18.41.020 Permitted Uses. The following uses are permitted outright within the Tukwila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon, which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 34 of 37 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and uriiversities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot b. multi family c. multi- family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix-it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data /telecommunication centers. 33. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 36. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 37. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 38. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 39. Medical and dental laboratories. 40. Motels. 41. Movie theaters with three or fewer screens. 42. Neighborhood stormwater detention and treatment facilities. 43. Offices, including: W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 35 of 37 83 84 a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48. Private stable. 49. Recreation facilities (commercial indoor), athletic or health clubs. 50. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 51. Religious facility with an assembly area of less than 750 square feet. 52. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 54. Research and development facilities. 55. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 56. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 57. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 58. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Schools and studios for education or self improvement. 60. Self- storage facilities. 61. Sewage lift stations. 62. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 63. Studios art, photography, music, voice and dance. 64. Taverns, nightclubs. 65. Telephone exchanges. 66. Theaters for live performances only, not including adult entertainment establishments. 67. Tow truck operations, subject to all additional State and local regulations. 68. Water pump station. 69. Vehicle storage (no customers onsite, does not include park -and -fly operations). 70. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 32. 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 W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 36 of 37 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 33. 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 37 of 37 85 86 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING A MORATORIUM ON DIVERSION FACILITIES AND DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS, WHICH WAS ESTABLISHED BY ORDINANCE NO. 2278; REPEALING ORDINANCE NO. 2278; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on September 8, 2009, the City Council adopted Ordinance No. 2248, which declared an emergency and established a six -month moratorium on the establishment of diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis and on the acceptance and /or processing of applications related thereto; and WHEREAS, on November 2, 2009, the City Council heard public testimony regarding the City's imposed moratorium and subsequently adopted Ordinance No. 2259, which adopted findings of fact to support the City's moratorium; and WHEREAS, on March 1, 2010, the City Council adopted Ordinance No. 2278, which extended the City's moratorium on the establishment of diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis and on the acceptance and /or processing of applications related thereto until June 1, 2010; and WHEREAS, the proposed diversion facilities and diversion interim service facilities are part of the Mental Illness Drug Dependency (MIDD) Plan as part of King County's Diversion Program for people in crisis who suffer from mental illness and /or chemical dependency; and WHEREAS, since the adoption of the moratorium, City staff has studied King County's MIDD proposed diversion program; and WHEREAS, on May 17, 2010, the City Council, following a public hearing, adopted an ordinance which defined diversion and diversion interim service facilities and identified a geographic area within the City where such uses would be permitted; and WHEREAS, the City Council supports the goals of King County's MIDD Plan and desires to repeal the City's current moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Repealed. The moratorium imposed by Ordinance No. 2278 on the establishment of diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis and on the acceptance and /or processing of applications related thereto is hereby repealed. Section 2. Repealer. Ordinance No. 2278, dated March 1, 2010, 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 W: \Word Processing Ordinances \Diversion Moratorium Repealer.doc K5:1sn 05/12/2010 Page 1 of 2 87 8 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Ordinances Diversion Moratorium Repealer.doc KS:ksn 05/12/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 REVISED STAFF REPORT TO THE CITY COUNCIL PREPARED May 6, 2010 CITY COUNCIL HEARING DATE: April 12, 2010, May 3, 2010, and May 17, 2010 PLANNING COMMISSION HEARING DATE: February 25, 2010 FILE NUMBER: L10- 006 Proposed Code Amendments PROPOSED CHANGES: LOCATION: Citywide SEPA DETERMINATION: STAFF: Brandon J. Miles, Senior Planner ATTACHMENTS: Proposed code changes to permit Crisis Diversion Facilities and Crisis Diversion Interim Service Facilities within the City Determination of Non Significance (DNS) issued February 12, 2010. SEPA addendum issued May 13, 2010 These attachments supplement the attachments in the February 18, 2010 Staff Report to the Planning Commission: DD. Rebid of the Crisis Diversion RFP, 1056 -10 -RLD, issued by King County on March 11, 2010 EE.Addendum 1 of RFP 1056 -10 -RLD, issued by King County on March 30, 2010 FF. Addendum 2 of RFP 1056 -10 -RLD, issued by King County on April 16, 2010 GG. Addendum 3 of RFP 1056 -10 -RLD, issued by King County on May 7, 2010 HH. Sign in sheets for pre -bid meetings for issued RFP. II. Email between King County and City of Tukwila dated March 30, 2010 JJ. Comment Letter received by Downtown Emergency Service Center dated April 29, 2010. KK. MIDD Oversight Committee, February 25, 2010 Meeting Notes. LL. Draft verbatim minutes of Speaker 1 from the April 12, 2010 City Council Public Hearing MM. MIDD Strategy 10b /CDF Planning Group dated April 20, 2009 Page 1 of 13 C:ltemp\XPGrpWise\REVISED STAFF REPORT TO THE CITY COUNCIL.doc 89 90 NN. King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/09 00. MIDD Strategy 10B, CDF Population Sub Committee, January 9, 2009 PP. Data from Enterprise Seattle, dated April of 2010 QQ. Relevant Excerpt from the City's Comprehensive Plan RR. MapQuest Directions to Valley Medical Center SS. Map of Commercial /Light industrial Properties along West Valley Page 2 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc Purpose of Addendum The purpose of this revised staff report is to supplement the February 18, 2010 staff report that was presented to the City's Planning Commission on February 25, 2010. Since the date of that report, additional information has become available that was not included in the February 18, 2010 Staff Report, included with this addendum are new attachments. The order of the attachments follows the order of the attachments that were included in the original staff report. Introduction On February 25, 2010, the Planning Commission forwarded to the City Council an ordinance allowing Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS) within 1 /2 mile of the transit center along Andover Park West via an unclassified use permit. The Planning Commission recommended that the City Council adopt the ordinance as presented. Both the Crisis Diversion Facility and the Crisis Diversion Interim Service Facility are part of the County's Crisis Diversion Program. The County has noted the importance of the facilities being co- located or within close proximity of each other. During the Planning Commission's deliberations on this issue, the Planning Commission reviewed a staff report dated February 18, 2010 which outlined the proposed Crisis Diversion Program This staff report was also forwarded to the City Council to be used in their deliberations on the proposed ordinance. The February 18, 2010 staff report provided a comprehensive review of all areas of the City to determine the appropriate location or locations for the Crisis Diversion Program. As noted on page 9 -10 of the February 18, 2010 staff report, the following method was used to evaluate possible areas of the City for the Crisis Diversion Program. 1. All areas of the City were identified as possible locations; 2. Each area was judged against the County's locational criteria, including access to freeways, nearby metro bus routes, ability to find a suitable building over 7200 square feet and overall access to the site; 3. The Comprehensive Plan of the City was reviewed to determine if the proposed uses would comply with adopted policies and goals; and 4. The Police and Fire Departments were consulted in order to determine their level of service in various areas of the City. Summary of Documents The Planning Commission relied heavily on documents produced by King County in order to study specifically how the CDF and CDIS would be compatible with surrounding uses, included in the February 18, 2010 Staff Report is King County Request for Proposal (RFP) 1207- 09RLD and two subsequent addendums to the RFP Since the Planning Commission reviewed the proposed ordinance, additional information has been provided which significantly impacts many of the assumptions that the Planning Commission made when it reviewed the proposed ordinance. This new information includes: 1 Attachment G of February 17, 2010 Staff Report 2 Attachments N and 0 of the February 17, 2010 Staff Report Page 3 of 13 C: \templXPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc 91 92 1. Rebid of the Crisis Diversion RFP, 1056 -10 -RLD, issued by King County on March 11, 2010. 2. Addendum 1 of RFP 1056 -10 -RLD, issued by King County on March 30, 2010. Addendum 2 of RFP 1056 -10 -RLD, issued by King County on April 16, 2010. 3. Addendum 3 of RFP 1056 -10 -RLD, issued by King County on May 7, 2010. 4. Staff from the City of Tukwila attended two pre -bid meetings on RFP 1056-10 RLD. 5. City staffs had several interactions with King County staff regarding the proposed CDF and CDIS. These interactions included a phone calls, meetings and exchanging emails. 6. Comment Letter received by Downtown Emergency Service Center dated April 29, 2010. 7. MIDD Oversight Meeting Notes February 25, 2010. 8. Testimony received during the public hearing. Summary of Changes King County has modified the location criteria. The County's new RFP issued on March 11, 2010, included changes to the siting requirements for the proposed Crisis Diversion Program. "King County has not selected a physical plant for this strategy but will consider any location proposed by a provider as long as it meets the following criteria: Centralized location with easy access and at least 2 routes to the facility by freeway and /or major arterials. Routes to access Eastside 1 -405 1 -5; Seattle: Hwy 99, Hwy 509, 1 -5; Northside: Hwy 99, Hwy 509, 1 -5; Southside: Hwy 167, East vest Valley Hwy" The language in the new RFP reflects a discussion at the MIDD Oversight Committee in which it was announced that the geographical location was being expanded in order to "improve the chances of finding an appropriate location that works for everyone With the change in location criteria, other areas of the City can now be considered for the Crisis Diversion Program. King County has clarified that the Crisis Diversion Program does not need to have aood access to transit The February 18, 2010 staff report put a great deal of emphasis on the need for transit near the Crisis Diversion program. This was based in large part on the County's statements that bus service could be a primary means of discharge transportation and 3 Attachment DD, Rebid of the Crisis Diversion RFP, 1056 -10 -RLD, issued by King County on March 11, 2010 4 Attachment KK, MIDD Oversight Committee Meeting Notes, February 25, 2010 Id Page 4 of 13 C:\temp\XPGrpWise\REVISED STAFF REPORT TO THE CITY COUNCIL.doc that this facility is intended to be regional in nature. In addendum 1 of the original RFP, the following exchange between prospective providers and the County was documented: Question: Is the CDF responsible for transportation of clients? County's Response: The CDF is not responsible for transportation to the facility, but needs to have plans for arranging for transportation from the facility when the person is discharged. But tickets are acceptable. The County did not include consideration for cars or vans in developing the CDF budget. The bidder many include transportation in their proposal should they have a feasible mechanism to do so. Vehicle costs were included in developing the mobile crisis team budget'. Staff also reviewed background documents which discussed the importance of transit. In the meeting notes from the M/DD Strategy 10b /CDF Planning Group dated April 20, 2009 it was noted, "The CDF should be on a major bus line, so that it's easy to get to for family members, friends, and clients themselves to get to" The City shared the County's concern that consumers of these services be returned to their community of origin when finished with the clinical program. Thus, locating these facilities in an area with the most diverse bus routes met both the City's and County's goal. In subsequent conversations with the City, County staff has now indicated that while access to transit is needed, they do not think that a significant number of people will utilize transit upon discharge from the CDF or the CDIS. Despite the previous information, the County sent an e -mail to the City, dated March 30, 2010 which stated: "The RFP requirement is that the CDF be "accessible to a Metro bus route" We do not anticipate that very many people will come to the facility by bus or need or use bus transport when they leave the facility, but we wanted to have that as option. Access to one bus route is sufficient from our perspective. People can always transfer from other bus routes" Thus, given the County's clarification regarding the transit needs of this program, it would seem necessary to reevaluate other areas of the City that were removed from additional consideration due to a lack of transit options. Nearby Amenities for the CDIS are not needed The February 18, 2010 staff report referenced a January 14, 2010 meeting between City staff and representative from the Downtown Emergency Service Center (DESC) 11 DESC is an interested provider for the both the Crisis Diversion Program. The meeting was specifically limited to discussing the needs of the CDIS. During the meeting, which is outlined in the February 18, 2010 staff report, DESC noted that DESC would likely organize supervised trips to stores, restaurants, and other local establishments. These 6 Attachment N, Addendum 1 to King County Request for Proposal 1207 -09RLD Attachment N, Addendum 1 to King County's Request for Proposal 1207 -09RLD at p. 3 8 Attachment MM, M1DD Strategy 10b /CDF Planning Group dated April 20, 2009 at page at p. 7 9 Attachment II, Email between King County and City of Tukwila dated March 30, 2010 10 A review of DESC website, htto: /www.desc.ora/ indicates that they have extensive knowledge regarding the needs of people with mental health and /or chemical dependency issues 11 DESC is one of several providers who are interested in responding to the County's current RFP. Page 5 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc 93 94 organized trips were important to reintegrating the consumers of the CDIS back into the community. The comments made at the January 14, 2010 meeting by DESC were reflective of comments made during the planning process for the Crisis Diversion program. County documents note that both the CDF and the CDIS should be non- stigmatizing that the CDF is not a jail, but a warm, welcoming environment. County documents also discussed the importance of not criminalizing people with mental illness and drug dependency issues Placing the Crisis Diversion program within the Urban Center allowed people with mental illness and drug dependency issues to be placed within the heart of the community, supporting their reintegration into the community. However, in a letter to the City Council dated April 29, 2010, DESC now indicated concern with allowing this program near the mall. Essentially, that placing the Crisis Diversion program near amenities would distract consumers from the clinical programs of both the CDIS and CDF facilities. "The success of these clinical programs would be best serviced by a quite private location that is removed from commercial activities and crowds DESC's April 29, 2010 letter echoes testimony heard by the City Council on April 12, 2010, by Graydon Andrus, also with DESC. Mr. Andrus stated "that DESC is a multi- service agency focused on providing service to homeless adults, and providing a range of services to meet all of the various needs Mr. Andrus voiced concern with locating the proposed program near the Southcenter Mall. He testified that the area around the mall was not "remote" enough and that the consumers could be distracted by the mall and other commercial activities which could interfere with the ability to provide for the consumers' treatment needs. Given the concerns raised by DESC, it seems prudent to examine alternative locations. The Crisis Diversion Facility (CDF) will not be a compelled facility City staff was led to believe by King County that the CDF would be a compelled facility and people brought to the facility on a police hold, in lieu of being taken to jail, could be involuntary held at the CDF. Included in the February 18, 2010 staff report to the Planning Commission was a memo from Ian Goodhew with the King County Prosecuting Attorney's Office Mr. Goodhew's memo specifically notes: 12 Attachment NN, King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/09, "Access to the CDF services is user friendly and non stigmatizing, open to walk -ins, drop ins, drop offs by stakeholders, including family members" at p. 2. 13 Attachment 00, MIDD Strategy 10B, CDF Population Sub Committee, January 9, 2009, "...CDF should be inviting enough to the point where people want to come at p. 4 14 Attachment JJ, Comment Letter received by Downtown Emergency Service Center dated April 29, 2010 at page 3 15 Attachment LL, Draft verbatim minutes from the April 12, 2010 City Council Public Hearing 16 Attachment N, Addendum 1 to King County Request for Proposal 1207- 09RLD. This memo was also included in the current REF that has been released (Attachment DD) Page 6 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc "If the person chooses note to engage in services, and /or becomes combative, uncooperative or threatening, then the CDF staff will temporarily detain the individual and re- contact law enforcement in order to take the person back to jail on the criminal allegation Mr. Goodhew's statement is consistent with other statements found in the County's background documents, including meeting notes from King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting dated 2/10/09: "Ian Goodhew discussed the meaning of "diversion" as a sort of democratic coercion, offering people a choice between treatment or charges. Coercion in this sense could entail the arrested person being required to sign a paper presented by the police officer, stating that they person agreed to stay in the CDF for a certain period of time, or treatment was not working out, that person would be given back to police custody.... The CDF would need to hold the person for a minimum length of time. Officers need to know that the CDF is a good choice; that the person won't be back on the street in four to six hours. lan considers 48 hours a good outside window At the April 12, 2010, Public Hearing, Graydon Andrus noted that the facility would not be compelled and that police diversions could not legally be held at the facility if they demanded to Ieave When asked how DESC would deal with people who wanted to leave, but were brought to the facility pursuant to a police hold, he testified: "...we have lots of experience in agency; at DESC, at engaging people in finding reason for them to participate in services they don't otherwide think that might be useful. And that's, that's where we would be putting out energy, is talking to people before they just, impulsively just walk out the door to what, they have nothing to walk out to usually if they are homeless...But it in the end its my understanding, we could not literally restrain them, or keep them incarcerated...we may be able to delay the process, by you know talking to them, persuading them, working with them... DESC also provided written comments stating that the CDF would not be a compelled facility. In their letter to the City Council dated April 29, 2010, DESC provided a fact sheet about the CDF. The fact sheet noted: The CDF will be iocked but is not an involuntary treatment program Participants may leave if they wish, but considerable effort will be made to ensure that they complete their stay at the CDF. The referring police force will be contacted and requested to intervene with a participant refuses to complete the 72 hour program. In the event a participant leaves prior to police response, and they refuse to accept transportation back to their home community, the police will be alerted and requested to assist. 17 idat6 18 Attachment NN, King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/09 at p. 6 19 Attachment LL, Draft verbatim minutes from the April 12, 2010 City Council Public Hearing 20 Id 21 The County's RFP notes that time -delay locks should be provided. Page 7 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc 95 96 Based on the information presented by DESC, DCD staff examined the licensing for the CDF. The RFP states that the CDF will be licensed by the Washington State Department of Health as a residential treatment facility per Washington Administrative Code (WAC) 246 -337 and by the Washington State Department of Social and Health Services as an Adult Residential Treatment Facility pursuant to WAC 388 -865. These licenses do allow for restraining of individuals, but it appears only for medical reasons. The County's RFP does not require that the CDF be licensed as a Crisis Stabilization Unit When the Planning Commission considered possible locations for the CDF Program they considered the availability of emergency services, including police as well as compatibility with surrounding uses. This analysis was premised on the assumption that the CDF could detain people, at least until the police could respond. However, the City is now being told that this is not the case. If the CDF is not a compelled facility, as DESC states, it will significantly impact the host City's police department, who may have to act as a taxi to transport police holds to jail. It's unlikely that where ever the CDF is located in Tukwila, that the arresting agency would be able to quickly get to the CDF and transport an individual to jail. It's important to remember that the people leaving the facility could be in mental and /or chemical dependency "crisis In this crisis state these individuals could pose a risk to themselves, others or risk being victimized It's paramount that police and EMS can respond quickly, locate the individual and quickly take the person to a compelled facility or a hospital. In addition, the fact that this is not a compelled facility for those who are taken to the program in lieu of jail, presents neighborhood compatibility issues which must be reviewed. Additional Location Analysis Based upon the new information available to the City, DCD staff began to reexamine other areas of the City to host the CDF Program. Given that the County has broadened the Iocational criteria, areas in the southern portion of the City would meet the County's location requirements, specifically the West Valley Highway Area of the City. West Valley Highway is a major north /south route in south King County. In Tukwila, it extends from Southcenter Blvd to the southern city limits. At Southcenter Blvd, West Valley Hwy becomes Interurban Ave South, but the roadway is essentially the same north /south route. In addition, West Valley Hwy is specifically listed in the County's current RFP as a route to provide access to the Crisis Diversion Program When the Planning Commission considered areas of the City to place the Crisis Diversion Program, West Valley was included in the analysis for the Southcenter Area, Tukwila South and the Interurban South Corridor. The current recommendation, to allow the CDF program within 1/2 mile of the Metro transit center along Andover Park East would include some properties along West Valley Hwy. The review of Interurban Ave 22 Goodhew's Memo, included at attachment N, does make mention of the crisis stabilization unit license. 23 Attachment M, Article from the September, 2005 edition of the Psychiatric News published by American Psychiatry Association 24 Attachment DD, Rebid of Crisis Diversion RFP, 1026- 10 -RLD, issued by King County on March 11, 2010 at p. 8 Page 8 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc South corridor also concluded that the area provided good access from freeways and major arterials. However, concern was noted that the Interurban Ave Corridor did not provide good access to transit and that many parts of Interurban Ave South are adjacent to residential areas Thus, in light of this new information of the needs of this Program, a separate review of the West Valley Hwy is appropriate. This analysis will not be bundled with the Urban Center, Tukwila South, or the Interurban South Corridor. This is appropriate given that: 1. While parts of West Valley are zoned Urban Center, the Green River separates the portion of West Valley zoned Urban Center from the larger urban center area on the west side of the River. 2. While the City's Comprehensive Plan calls out the east portion of West Valley Hwy as being part of the Tukwila South (TS) area, in reality this area functions significantly different than the west part of Tukwila Valley South. Unlike many properties on the west part of TS, the east part of TS is developed and is served by utilities. 3. Unlike the Interurban Ave South Corridor that exists north of Southcenter Blvd, the West Valley Hwy area does not contain nor is it adjacent to existing residential uses. West Valley Hwy Area There are two distinct areas of West Valley Hwy, those properties along Strander Blvd and north that are zoned Tukwila Urban Center (TUC) and those properties south of Strander Blvd zoned Commercial /Light Industrial (C /LI). County's Criteria As was done in the February 18, 2010 Staff Report, staff will evaluate the West Valley Hwy utilizing the County's current criteria. Access West Valley Hwy provides superior regional access. The area includes two off ramps from Interstate 405, one of the routes specifically mentioned in the County's RFP Additionally, West Valley Hwy itself was mentioned in the County's RFP Access to Interstate 5 and State Route 167 can easily be achieved by using Interstate 405. East/West connections are present in the West Valley Hwy area by utilizing Southcenter Blvd and S. 180 Street. Southcenter Blvd, which turns into Grady Way in Renton, provides cross valley access to Tukwila, Renton, and SeaTac. S. 180 Street, provides cross valley access for Tukwila, Renton, Kent and SeaTac. State Hiahwav 1 Interstate 5 Interstate 90 Interstate 405 Access to We st Valley 1 Yes, via 405 1 No, no place in Tukwila has access 1 Yes, two off ramps and two on ramps are 25 The February 18, 2010 Staff Report noted concern that the 24 -hour operation of the CDF would not be compatible with residential uses. 26 The City's Comprehensive Plan refers to this area as being part of TVS; however this area is not subject to the development agreement between Segale Properties and the City of Tukwila. 27 Attachment DD, Rebid of Crisis Diversion RFP, 1026- 10 -RLD, issued by King County on March 11, 2010 at page 8 28 Id at page 8 Page 9 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc 97 98 1 Interstate 509 SR 99 SR 167 1 SR 181 (West Valley Hwy) 1 SR 518 available. An additional on and off ramp is available near the Mall. 1 Yes, via 518/405 Yes, via 405 or by utilizing Southcenter Blvd Yes, via 405 or via Grady Way or S. 180 Street 1 Yes 1 Yes, via 405 Access to Transit Bus access is limited with the West Valley Hwy area. Route 150 and 155 run east/west along S. 180"' Street and the 140 runs along Strander Building Space There is significant buildings space with the West Valley Hwy area that would meet the County's space requirements for the CDF and CDIS. When concerns were raised about the price per square footage near Southcenter City staff obtained commercial lease information from Enterprise Seattle Enterprise Seattle provided City staff with lease information for office, flex, and light industrial operations in and around the Urban Center. None of the properties listed had a price per square foot that was above the rate included in the County's RFP. In fact, all of the properties listed were significantly less than $38.90 per square foot; office space immediately adjacent to the Mall had the highest rate of $25 per square foot. Distractions for users of the CDF Program The City Council has received testimony indicating that the CDF Program needs to be located in an area where consumers will not be distracted by adjacent retail /entertainment operations31 32. The West Valley Hwy Area includes two specific sub areas, a north area zoned Tukwila Urban Center and south area zoned Commercial /Light Industrial. These areas have different compatibility issues. The north portion of West Valley Hwy is zoned TUC. This area is bordered by the Sounder Station to the east and the Green River to the west. This area serves as an important link to a pedestrian connection plan from the Sounder Station to the Mall. Additionally, through the draft Tukwila Urban Center plan, the City is working on attracting housing to be located next to the Sounder Station. Goal 10.4.40 of the City's Comprehensive Plan notes with regards to this area: "Allow residential development in proximity to water amenities or within walking distance of the Sounder commuter rail /Amtrak station... Currently, the north area of West Valley is dominated by retail and commercial activities, including retail establishments, restaurants, and hotels. The area also provides somewhat easy access, both pedestrian and auto, to areas around the Mall. For 29 Attachment H, Map of King County Metro Routes in Tukwila 3° Attachment PP, Data from Enterprise Seattle, dated April of 2010 31 Attachment JJ, Comment Letter from DESC dated April 29, 2010 32 Attachment LL Draft verbatim minutes from April 12, 2010 City Council Public Hearing 33 Attachment QQ, City's Comprehensive Plan at page 116 Page 10 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCiL.doc sometime, the City has been working to construct a pedestrian bridge to connect the West Valley portion of the TUC to the remaining TUC area. Once this bridge is constructed, it will provide easy pedestrian access from the Sounder Station on the east side of the TUC to the Mall on the west side of the TUC. Thus, this area may contain the same distraction factor and incompatibility issues that were complained of in the Urban Center location. The south area of West Valley Hwy is zoned C /LI and contains many commercial, small offices, and light industrial uses. There is a small retail establishment in the City of Kent at the corner of West Valley Hwy and S.180 The southern portion of West Valley Hwy does not have easy access to the Mall or the retail core of the Urban Center. There is access into the Urban Center via S.180 Street, but this part of the Urban Center is away from the retail core. Pursuant to the City's draft Urban Center plan, this south area of the Urban Center will be a "workplace" area and not have the intense retail and commercial activities that will be found near the mall. Police and Fire Services While emergency response times are good throughout the City, some areas have better coverage and in some areas the City can bring more resources to bear faster. Given that this facility is not a compelled facility, it is necessary to determine a location which Tukwila police and EMS can quickly respond to and if necessary transport an individual to jail or a hospital. Staff's February 18, 2010 staff report indicated that the City maintains a sizeable police force with the Urban Center. Often times the City maintains two patrol officers within the Urban Center. Additionally, the City recently received a Federal grant to allow additional officers to be stationed in the Urban Center. The Police Station's location at City Hall, near the Urban Center, allows for resources to be brought to a situation quickly in the Urban Center if the situation warrants such a response. The West Valley Area of the City is located directly next to the Urban Center. if a police hold demands to leave, the CDF calls Tukwila Police as indicated in DESC letter dated April 29, 2010, an officer from the Urban Center could be dispatched to locate the person and take the person to an appropriate facility Also, the West Valley Hwy area is located near Renton and Kent, which would allow mutual aid response to the CDF, if needed. The facility, as outlined by DESC, requires a symbiotic relationship with the host City. If that is the case, then besides being located in an area that can easily be accessed by other regional law enforcement agencies, the CDF program should also be easily accessible to the host City's Police officers given that the CDF could create a significant burden on the host City's Police Department It's important to also remember that while medical staff will be present at the CDF, it has a long list of medical exclusionary criteria The CDF will be accepting people who 34 Through the unclassified use permit process the City could examine if any mitigation would be needed to offset costs to the City's Police Department. 36 King County has not set aside mitigation funding for impacts to the host City's Police, Attachment GG, Addendum 3 of King County RFP 1056 -10 -RLD at p. 5. 36 Attachment DD, Rebid of the Crisis Diversion RFP, 1056 -10 -RLD, issued by King County on Marcy 11, 2010 at p. 26 Page 11 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc 99 100 could be under the dependency of drugs and alcohol. It is possible that someone may need to go to a hospital once they arrive at the CDF and its determined that they have medical issues that cannot be resolved at the CDF. Valley Medical Center is located near the West Valley Hwy area. From the intersection of West Valley Hwy and S. 180 Street, the drive to Valley Medical is approximately five minutes Summary of West Valley Hwv Area West Valley Hwy complies with all of the County's criteria: 1. The area provides exceptional regional access, second only to the Urban Center. 2. The County's access routes are complied with. 3. The County's building size can be accommodated for the CDF and /or CDIS. 4. There is access to transit as required by the County. Regarding distractions and compatibility issues for the Program, the north part of West Valley contains a retail environment that is similar to the area around the mall that was objected to. Also, the north area provides easy access to the areas around the mall. The south area of West Valley Hwy, which is zoned C /LI, appears to have an environment that Tacks many of the distractions that are present around the mall. The area also does not have easy access to the Ma11 The location reduces, but does not eliminate, impacts to the City's Police Force. As outlined by DESC, the host City could be significantly impacted by the CDF when a police hold demands to leave. The CDF location should be easily accessible by the host City's law enforcement. Locating the CDF Program along West Valley Hwy will allow a Tukwila Police officer to quickly respond. Just as important, the Tukwila Police will be in a central location to take the person to a number of locations, including the Kent Justice Center, Bellevue, or the downtown jail. A location on West Valley Hwy will allow a Tukwila police officer to quickly be back in service once an individual is taken to jail. Finally, the proposed area is removed from other areas of the City where users of the Crisis Diversion Program could be victimized. West Valley Hwy is also directly adjacent to Kent and Renton, allowing those jurisdictions officers the ability to quickly access the CDF. SeaTac officers can also drop down from S. 178 /S.180 to access the CDF Program. Staff's Revised Recommendation The Planning Commission has recommended that the City Council adopt an ordinance allowing the CDF and /or CDIS to locate within 1/2 mile of the transit center along Andover Park West via an unclassified use permit process. Given the testimony heard at the Council's public hearing on this matter and the new information provided by the County, the City Council asked staff to review alternative locations. Attachment RR, Mapquest Direction to Valley Medical, this doesn't assume going lights and sirens to the hospital. 38 It has been noted that up to '/a of the people who use the CDF will walkout. in a meeting with City staff on March 29, 2010, DESC mentioned that when individuals walkout of the CDF they could wander to the mall and scare mall patrons. Page 12 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc As outlined in this staff report staff recommends that the CDF and CDIS be allowed as an unclassified use in the commercial /light industrial zoned property south of Strander Blvd, along West Valley Hwy. Staff is basing its recommendation on the following: 1. The proposed area meets the County's location criteria. Regional access to this area is excellent. A location along West Valley Hwy can easily access, Interstate 5, Interstate 405, State Route 167, and State Route 99. The area is also served by S. 180 street a principal east/west arterial in south King County. 2. The area meets the County's transit requirements. 3. West Valley Hwy was one of the specific routes mentioned in the County's RFP. 4. Tukwila police would have easy access to the West Valley Hwy area which will enable them to adequately serve the facility. 5. The area is removed from residential areas and thus the 24 -hour operation of the CDF would not disrupt residential uses. 6. The commercial /light industrial nature of the area allows the CDF Program to be located in an area that is free from incompatible uses that might interfere with the success of the CDF and CDIS program. Staff has prepared a substitute ordinance for the Council to consider and act upon at the May 17, 2010 meeting. 39 The February 18, 2010 staff report noted that there were several unanswered questions regarding the operation of the CDF and CDIS. The County has provided information that there are still questions regarding exactly how the CDF and CDIS will operate, "The RFP is not designed to be a document that includes all the polices and procedures that will be in place. These will be developed by the successful bidder in consultation with MHCADSD Attachment GG, Addendum 3 of King County RFP 1056- 10 -RLD at p. 4 Page 13 of 13 C: \temp\XPGrpWise \REVISED STAFF REPORT TO THE CITY COUNCIL.doc 101 102 REQUEST FOR PROPOSAL DATE ADVERTISED: March 11, 2009 Requesting Dept./ Div.: RFP Number: Due Date: Buyer: Pre-Proposal Conference: A conference to discuss questions related to this RFP shall be held at 1:30 p.m. on Thursday, March 18, 2010, in conference room 328 on the 3rd Floor of The Chinook Building, 401 Fifth Avenue, Seattle, WA 98104 RFP Title: king County MIDD Crisis Diversion Services REBID Department of Executive Services Finance and Business Operations Division Procurement and Contract Services Section 206-263-9400 TTY Relay: 711 King County Department of Community Human Services MHCADSD 1056-10-RLD May 6, 2010 no later than 2:00 P.M. Roy L Dodman, roy dodman@kingcounty gov, 206-263-9293 Sealed Proposals are hereby solicited and will ONLY be received by King County Procurement Services Section The Chinook Building, 3' Floor 401 Fifth Avenue Seattle, WA 98104-2333 Office Hours 8 00 a m 5:00 p m Monday Friday SUBMITTERS MUST COMPLETE AND SIGN THE FORM BELOW (TYPE OR PRINT) Compafly Name Add ress t r I, 110; tontrgctPt ScS Certt nti bpoto tp4 '014;iSfOolz!, Title (Pease Prjnt Name anTit1e)' Office Lise_Ohly: '10 cp-Rpm, 1 CON FED 4. TERM/YR -Y/3-1 This Request for Proposal will be provided in alternative formats such as Braille, large print, audio cassette or computer disk for individuals with disabilities upon request. Attachment DD 103 104 RFP No. 1056 -10RLD Page 2 of 33 Sealed proposals are hereby solicited and will be received only at the office of the King County Procurement Services Section at 401 Fifth Avenue, 3rd Floor, Seattle, Washington, 98104 no later than 2 p.m. on the date noted above regarding MIDD Community Diversion Services for the King County Department of Community Human Services MHCADSD. This is a re- solicitation for these services. These services shall be provided to King County in accordance with the following and the attached instructions, requirements, and specifications. Submittal: King County requires the Proposer to sign and return this entire Request for Proposal (RFP) document. The Proposer shall provide one unbound original and ten (10) copies of the proposal response, data or attachments offered, for eleven (11) items total. The original in both cases shall be noted or stamped "Original In addition, provide one (1) CD -ROM, with either one (1) pdf version of the proposal, one (1) Microsoft Word version of the proposal (2000 -2005 edition), or both. Pre Proposal Conference: A conference to discuss questions related to this RFP shall be held at 1:30 p.m. on Thursday, March 18, 2010, in Conference Room #328, 3rd Floor of The Chinook Building, 401 Fifth Avenue, Seattle, WA 98104. See link for driving instructions http: /www.kingcounty.gov /procurement, go to Contact Us menu and access Fund Us web page. Questions: After the Pre Proposal Conference, Proposers will be required to submit any further questions in writing prior to the close of business Thursday, April 1, 2010 in order for staff to prepare any response required to be answered by Addendum. Questions are best received and most quickly responded to when sent via e-mail directly to the following King County procurement personnel: Primary— Roy L. Dodman, Senior Buyer roy.dodman @kingcounty.gov Secondary Cathy M. Betts, Buyer cathy.betts @kingcounty.gov. Questions may also be sent via email to the address above. SECTION I GENERAL INFORMATION A. King County is an Equal Opportunity Employer and does not discriminate against individuals or firms because of their race, color, creed, marital status, religion, age, sex, national origin, sexual orientation, or the presence of any mental, physical or sensory handicap in an otherwise qualified handicapped person. B. All submitted proposals and evaluation materials become public information and may be reviewed by appointment by anyone requesting to do so at the conclusion of the evaluation, negotiation, and award process. This process is concluded when a signed contract is completed between King County and the selected Consultant. Please note that if an interested party requests copies of submitted documents or evaluation materials, a standard King County copying charge per page must be received prior to processing the copies. King County will not make available photocopies of pre printed brochures, catalogs, tear sheets or audio visual materials that are submitted as support documents with a proposal. Those materials will be available for review at King County Procurement. C. No other distribution of proposals will be made by the Proposers prior to any public disclosure regarding the RFP, the proposal or any subsequent awards without written approval by King County. For this RFP all proposals received by King County shall remain valid for ninety (90) days from the date of submittal. All proposals received in response to this RFP will be retained. D. Proposals shall be prepared simply and economically, providing a straightforward and concise but complete and detailed description of the Proposer's abilities to meet the requirements of this RFP. Fancy bindings, colored displays and promotional materials are not desired. Emphasis shall be on completeness of content. E. King County reserves the right to reject any or all proposals that are deemed not responsive to its needs. F. In the event it becomes necessary to revise any part of this RFP, addenda shall be created and posted at the King County Procurement web site. Addenda will also be conveyed to those potential submitters providing an accurate e-mail address. If desired, a hard copy of any addenda may be provided upon request. G. King County is not liable for any cost incurred by the Proposer prior to issuing the contract. RFP No. 1056 -1ORLD Page 3 of 33 H. A contract may be negotiated with the Proposer whose proposal would be most advantageous to King County in the opinion of the King County Department of Community Human Services, all factors considered. King County reserves the right to reject any or all proposals submitted. It is proposed that if a selection is made as a result of this RFP, a contract with a fixed price /prices will be negotiated. Negotiations may be undertaken with the Proposer who is considered to be the most suitable for the work. This RFP is primarily designed to identify the most qualified firm. Price and schedule will be negotiated with the "first choice" Proposer; negotiations may be instituted with the second choice and subsequent Proposer until the project is canceled or an acceptable contract is executed. J. This RFP shall be available for use by all King County Departments, Divisions and Agencies. If orders will be placed by the County's Transit Division, the Contractor will be required to sign and comply with the Federal Transit Administration's (FTA)'s required documentation. This RFP may also be used, as appropriate and allowed, by other governmental agencies and political sub divisions within the State of Washington. K. The contents of the proposal of the selected Proposer shall become contractual obligations if a contract ensues: Failure of the Proposer to accept these obligations may result in cancellation of their selection. L. A contract between the Consultant and King County shall include all documents mutually entered into specifically including the contract instrument, the original RFP as issued by King County, and the response to the RFP. The contract must include, and be consistent with, the specifications and provisions stated in the RFP. M. News releases pertaining to this RFP, the services, or the project to which it relates, shall not be made without prior approval by, and then only in coordination with, the King County Department of Executive Services. N. King County Code 4.16.025 prohibits the acceptance of any proposal after the time and date specified on the Request for Proposal. There shall be no exceptions to this requirement. 0. King County agencies' staffs are prohibited from speaking with potential Proposers about the project during the solicitation. Please direct all questions to: Roy L. Dodman Senior Buyer and Cathy M. Betts Buyer 206 263 -9293 206 263 -9291 roy.dodman @kingcounty.gov cathy.betts @kingcounty.gov NOTE: Documents and other information is available in alternate formats for individuals with disabilities upon advance request by calling the Procurement Receptionist at 206 263 -9400 or TTY711. P. Protest Procedure King County has a process in place for receiving protests based upon either proposals or contract awards. If you would like to receive or review a copy, please contact the Buyer named on the front page of this document or call Procurement Services at 206 263 -9400. Q. Term Service Requirement If a contract is awarded based on this RFP, it may contain the following provision: Contract Extension The initial contract period will be for one (1) year from the start date of the contract. The term of the contract may be extended in one (1) year increments for (5) additional one -year periods for a total contract duration of six (6) years (2016), in accordance with the County's best interest and at the sole option of the County. Prices shall remain firm for the duration of the contract period. Reasonable price changes based on market conditions and price /cost analysis may be requested, if such escalations are based on changes in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers "CPI -U for the Seattle- Tacoma Bremerton Statistical Metropolitan Area for the preceding calendar year. You may obtain information about the CPI -U in general and the Seattle area in 105 106 RFP No. 1056 -1ORLD Page 4 of 33 particular by visiting the United States Bureau of Labor Statistics web site at http: /www.bis.gov /cpi In the event the CPI -U (or a successor or substitute index) is no longer published, a reliable government or other non partisan index of inflation selected by the County shall be used to calculate any adjusted amounts. Requests for any such changes are to be made in writing to the Department of Community Human Services, and approved by the County Executive or his /her designee. Any agreed -to change shall take effect at the time of the contract extension and shall remain in effect throughout the extension period. The parties hereto recognize that such changes could be increases or decreases in the prices; both parties are entitled to benefit from such price changes. R. Electronic Commerce and Correspondence. King County is committed to reducing costs and facilitating quicker communication to the community by using electronic means to convey information. As such, most Invitations to Bid, Requests for Proposal, and Requests for Qualifications as well as related exhibits, appendices, and issued addenda can be found on the King County Internet Web Site, located at http: /www.kingcounty.gov /procurement. Current bidding opportunities and information are available by accessing the "Solicitations" tab in the left hand column. King County Procurement Services features an Online Vendor Registration (OVR) program that per- mits vendors, consultants, contractors and other organizations to register their business with the County. This OVR system allows interested parties to either directly register their firm by creating a unique User ID, or to visit the website as a guest. Information regarding bid documents will be available to all users; however, site visitors accessing the site as a guest will not be able to document their interest in a project or add their name to the document holder's list. They will receive no automatic notification of issued ad- denda. As such, the County encourages full registration in order to directly communicate with document holders regarding any issued addenda or other important information concerning the solicitation. After submittals have been opened in public, the County will post a listing of the businesses submitting proposals, and any final award determination made. Full information on vendor registration is available at the website. If you are viewing a paper version of this RFP, you may download this document at http: /www.kingcounty.gov /procurement. Navigate to the "Solicitation" web page. There you can view the web pages either as a guest or by logging -in as a regis- tered vendor. Search for 1056 -1 ORLD to access documents specifically for this solicitation (this is the location of the required MS Excel budget forms, as well as two reference documents cited in Section II, Part 1, Item B) and follow the resulting link to navigate to the "Solicitation Details" web page. S. Unless otherwise requested, letters and other transmittals pertaining to this RFP will be issued to the e- mail address noted in our files, and after submittal, noted on the first page of this document. If other personnel should be contacted via e-mail in the evaluation of this proposal, or to be notified of evaluation results, please complete the information in the table below. Contact Name I Title I Phone I E -mail address 1 1 I I T. Washington State Public Records Act (RCW 42.56) requires public agencies in Washington to promptly make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. U. Proposals submitted under this RFP shall be considered public documents and with limited exceptions proposals that are recommended for contract award will be available for inspection and copying by the public. King County may request an electronic copy of your proposal response at a later time for this purpose. This copy may be requested in MS Word format, and delivered either by e -mail or directly delivered on CD. RFP No. 1056 -1ORLD Page 5 of 33 If a Proposer considers any portion of his /her proposal to be protected under the law, the Proposer shall clearly identify on the page(s) affected such words as "CONFIDENTIAL," PROPRIETARY" or "BUSINESS SECRET." The Proposer shall also use the descriptions above in the following table to identify the effected page number(s) and location(s) of any material to be considered as confidential (attach additional sheets as necessary). If a request is made for disclosure of such portion, the County will determine whether the material should be made available under the law. If the material is not exempt from public disclosure taw, the County will notify the Proposer of the request and allow the Proposer ten (10) days to take whatever action it deems necessary to protect its interests. If the Proposer fails or neglects to take such action within said period, the County will release the portion of the Proposal deemed subject to disclosure. By submitting a Proposal, the Proposer assents to the procedure outlined in this paragraph and shall have no claim against the County on account of actions taken under such procedure. Type of exemption Beginning Page Location Ending Page Location V. Proposers are urged to use recycled /recyclable products and both sides of paper for printed and photocopied materials, whenever practicable, in preparing responses to this RFP. W. During the solicitation process, King County strongly discourages the transmittal of Company information, brochures, and other promotional materials, other than address, contact and e -mail information, prior to the due date of proposals. Any pre packaged material received by a potential proposer prior to the receipt of proposals shall not be reviewed by the County. X. Bid Identification Label: Please see the Bid Identification Label on the last page of Section II. 107 108 RFP No. 1056 -10RLD Page 6 of 33 SECTION II PROJECT SPECIFICATIONS AND SCOPE OF WORK PART 1 INFORMATION AND BACKGROUND MHCADSD issues this RFP, through DCHS also referred to as "King County" or "the County." This RFP aligns with the Mental Illness and Drug Dependency (MIDD) Plan and the Metropolitan King County Council Ordinance 15949. The primary vision of the MIDD is to: "Prevent and reduce chronic homelessness and unnecessary involvement in the criminal justice and emergency medical systems and promote recovery for persons with disabling mental illness and chemical dependency by implementing a full continuum of treatment, housing, and case management services." The Ordinance identified five policy goals: 1. A reduction in the number of mentally ill and chemically dependent people using costly interventions Tike jail, emergency rooms, and hospitals; 2. A reduction in the number of people who recycle through the jail, returning repeatedly as a result of their mental illness or chemical dependency; 3. A reduction of the incidence and severity of chemical dependency and mental and emotional disorders in youth and adults; 4. Diversion of mentally ill and chemically dependent youth and adults from initial or further justice system involvement; and 5. Explicit linkage with, and furthering the work of, other council directed efforts including, the Adult and Juvenile Justice Operational Master plans, the Plan to End Homelessness, the Veterans and Human Services Levy Service Improvement Plan and the King County Mental Health Recovery Plan. In the MIDD Plan, the MHCADSD and its stakeholders identified 17 core strategies and corresponding sub strategies for service improvement, enhancement and expansion to address these goals. This RFP aligns with MIDD Strategy #10b: Crisis Diversion Center, Respite Beds and Mental Health Crisis Team. Further information about the MIDD Plan and Ordinance is available on the MHCADSD web pages, http://www.kingcounty.gov/healthservices/MHSA/MIDDPIan.aspx. Capacity to provide diversion services to mentally ill or chemically dependent individuals in crisis is currently limited in King County. MIDD Strategy 10b establishes a Crisis Diversion Facility (CDF) to which law enforcement and other crisis first responders can refer adults who are in crisis. The facility will evaluate and stabilize individuals in crisis and refer them to community -based services. Respite beds will also be created to provide short-term housing for homeless individuals leaving the center. Respite beds will be within proximity. Additionally, the strategy includes creation of a Mobile Crisis Team of mental health and chemical dependency specialists who will provide increased access to crisis response for police as well as referrals and linkage to the CDF and other community -based services. The overarching vision of MIDD strategy 10b is to divert individuals from jails and hospitals. Based on the National GAINS pre- booking diversion model and MIDD strategy 10b stakeholder planning, the county will fund the creation of the Crisis Diversion Facility and the Mobile Crisis Team. The Crisis Diversion Interim Services (Respite beds) funding was awarded under a separate solicitation. The National GAINS Center within the Substance Abuse and Mental Health Services Administration acts as a resource with a primary focus on expanding access to community -based services for adults diagnosed with co- occurring mental illness and substance use disorders at all points of contact with the justice system http: /gainscenter.samhsa.gov /html/). Pre booking jail diversion is when individuals with mental illness and /or co- occurring disorders may be identified for diversion from jail by police, before formal charges are filed. Pre booking diversion occurs at the point of contact with law enforcement officers and relies heavily on effective interactions between police and community mental health and substance abuse services. Most pre booking programs are characterized by specialized training for police officers and a 24 -hour crisis drop -off center with a no- refusal policy for persons brought in by the police. RFP No. 1056 -1ORLD Page 7 of 33 MIDD Strategy 10b addresses hospital diversion in addition to pre- booking jail diversion. The CDF will deliver more appropriate care at less cost by having an alternative to hospitals and emergency departments for people who are in behavioral crisis due to mental health issues or substance abuse. This population consists of individuals whose first contact with law enforcement and other first responders results from a mental health or substance abuse crisis that puts either the person or others at risk. First responders are trained to recognize signs of mental illness and substance abuse and deteriorating factors in the person's condition. Their training and background proves extremely beneficial in quickly assessing the decompensating nature of a person in crisis. However, options for first responders after field assessments are made have been extremely limited. With a Crisis Diversion Facility, first responders will be able to directly divert individuals in mental health or substance abuse crises based upon initial contact. In addition, the CDF will provide law enforcement with the option to divert individuals who otherwise would have been transported to the hospital. The Crisis Diversion Facility will provide a therapeutic alternative to simply dropping off a person with a mental health or substance abuse crisis at a hospital emergency room. A. Program Goal This strategy seeks to improve the lives of those impacted by mental illness and substance abuse by providing therapeutic alternatives in the community resulting in reduced admissions to jails, hospital emergency departments and psychiatric hospital inpatient units. B. Target Population Adults (18 and older) in crisis in the community who might otherwise be brought to a hospital emergency department or arrested for minor crimes and taken to jail will be targeted. Exclusionary criteria for admission will include criminal charge /criminal history criteria and medical /behavioral criteria, as recommended by target population workgroups. Please see two reference documents included on the King County Procurement website as described in Section I, Item R of this RFP: June 25, 2009 Memorandum from the King County Prosecuting Attorney's office Hospital Diversion Medical Criteria MHCADSD staff and the successful proposer(s) will develop and implement MIDD strategy 10b in King County based upon the MIDD Plan Strategy 10b, the MIDD Evaluation Plan, the National GAIN model, the MIDD 10b Population workgroup recommendations, and ongoing oversight of a MIDD Oversight Committee subcommittee'. MHCADSD will assure that training, technical assistance, coaching, fidelity monitoring, program evaluation and capacity for system -wide quality improvement is available on an ongoing basis as funding is available. PART 2 INTENT MHCADSD intends to contract with up to two (2) providers for the delivery of remaining services under MIDD strategy 10b. Funding is available for two (2) components: 1. Crisis Diversion Facility and 2. Mobile Crisis Team. MIDD strategy 10b services will be available county -wide; the strategy will serve 3,000 -5,000 individuals per year. Each successful proposer is expected to be at full staffing capacity, including location and licensure and certification requirements met, no later than six (6) months from the date the contract is executed. 1 The MIDD Oversight Committee will create a subcommittee for MIDD strategy 10b in order to provide administrative oversight, consultation and support on the implementation 'of services associated with 10b. 109 110 RFP No. 1056 -1ORLD Page 8 of 33 A. Services Specifically, the County is seeking proposals for the following services: 1. One (1) Crisis Diversion Facility (CDF): The CDF will have a capacity of 16 beds and be licensed by the Department of Health as a Residential Treatment Facility (Chapter 246 -337 WAC). The mental health and chemical dependence treatment services will be certified by the Department of Social and Health Services, Mental Health Division as an Adult Residential Treatment Facility (RTF) (Chapter 388 -865 WAC). The RFT license is not required at the time of application, the bidder must demonstrate that they have the capacity and infrastructure needed to successfully obtain a license by the time the facility operations are expected to begin. 2. One (1) Mobile Crisis Team: A team of at least 2.0 FTE Licensed Mental Health Professionals (MHP) on duty at all times to cover 24/7 operations with the capacity to conduct outreach visits to the community to assist people in behavioral crisis. MHPs will also have professional certification in the field of chemical dependency, or be willing to become certified within two years of employment and provide evidence of working toward chemical dependency professional certification 3. All proposals will address provider capacity to meet diverse and /or special needs (e.g., culturally specific needs; individuals who have been involved with the criminal justice system; immigrant and refugee families; and /or medical needs). A provider may submit proposals for one or two elements of this RFP. A partnership of any combination of providers and /or subcontracting is encouraged. B. Physical Plant King County has not selected a physical plant for this strategy but will consider any location proposed by a provider as long as it meets the following criteria: 1. Centralized location with easy access and at least 2 routes to the facility by freeway and /or major arterials. Routes to access Eastside: 1 -405 I -90 1 -5; Seattle: Hwy 99, Hwy 509 1 -5; Northside: Hwy 99, Hwy 509 1 -5; Southside: Hwy 167, East/West Valley Hwy. 2. Minimum of 7,200 sq /feet for the Crisis Diversion Facility (which will include office space for the Mobile Crisis Team, police, Designated Mental Health Professionals and other professionals). The space requirement of 7,200 sq /ft does not assume that the space is all contiguous. The applicant shall explain the space configurations and accessibility to office spaces in adjacent parts of the building. 3. Within proximity of the Crisis Diversion Interim Services (CDIS) to allow for easy transfer of individuals between locations of the CDIS and CDF (which was awarded under RFP 1207- 09RLD). 4. Accessible to a Metro bus route. 5. Easy access for law enforcement and ambulance. C. Values All efforts will be made to make the Crisis Diversion Services welcoming and consistent with the following values: 1. Recovery: A program model that is consistent with the King County Mental Health Recovery Plan and the Chemical Dependency focus on Recovery Oriented Systems of Care. Recovery principles include: services that are consumer centered and driven; assessment and treatment planning that is strengths based; reduction or remission of symptoms; development or restoration of normative life roles; active development and involvement of natural supports; and full community participation. 2 Reimbursement for Chemical Dependency Professional certification and training costs will be made available to the selected agency through the King County MIDD Strategy #le through a separate contract with the King County MHCADSD. RFP No. 1056 -10RLD Page 9 of 33 2. Individualized: Emphasizing consumer's self- direction in treatment focusing on their particular strengths, assets and needs. 3. Peer supported: Emphasizing a collaborative approach to resolving the challenges facing consumers. 4. Trauma informed: Trauma specific interventions are designed specifically to address the consequences of trauma in the individual and to facilitate healing. 5. Strengths based: Treatment is built upon and enhances the capabilities, knowledge, skills, and assets of the consumer, their community, and other team members. 6. Culturally competent: Demonstrates respect for and builds on the values, preferences, beliefs, culture, and identity of the consumer and their community. 7. Evidence Based: Evidence based is defined as findings established through scientific research, such as controlled clinical studies, but other methods of establishing evidence are considered valid as well. Evidence -based practice stands in contrast to approaches that are based on tradition, convention, belief, or anecdotal evidence. PART 3 DESCRIPTION OF WORK A. Crisis Diversion Facility (CDF) The CDF will be a 16 bed facility to accept people age 18 and over in mental health and substance abuse crisis to divert them from jails and hospitals. Individuals arriving at the facility will be evaluated within three hours with some being linked directly to services and released while others are admitted to the CDF. In this way, the capacity to assist people may be more than 16 as not everyone will need to be admitted to a bed. Individuals found by police and suspected of a crime may be brought to the CDF. Any person in mental health or substance abuse crisis and suspected of a minor non violent crime and a limited and non- violent criminal history may be considered for diversion from jail to the CDF Police officers may suspend the arrest of a consumer favoring diversion to the CDF. A report and other proper paperwork will accompany consumers sent to the CDF by police. CDF staff will follow up appropriately with police on the status of consumers sent to the CDF. If a consumer admitted to the CDF in lieu of arrest demands to leave before their crisis is stabilized or resolved, staff may contact police for disposition. Individuals experiencing crisis in the community who are in good behavioral control and willing to cooperate with CDF services may be diverted from hospital emergency departments to the CDF. A telephone screening call with the facility from a professional in the community or concerned other will precede a consumer coming to the CDF. Individuals may be diverted from hospital admission out of the emergency department to the CDF. The CDF also needs the capacity to address the needs of walk -ins, although the facility will not be advertised as having that capacity. The CDF is not intended to be a substitute for detoxification or sobering services provided by other facilities and consumers will be pre- screened to determine which facility is most appropriate. If a consumer in crisis is admitted to the CDF and begins to shows signs of withdrawal, the consumer will be referred to other resources as appropriate. Submitted proposals for this RFP must address criminal justice and medical exclusionary criteria for admission to the CDF as well as a plan to achieve restraint -free operation. Jail Diversion criteria are included as Attachment C. Hospital Diversion criteria are included as Attachment B. Restraint free facility: The County will give preference to proposals that use a recovery oriented model of care system that is consistent with the principles of trauma- informed care, with policies and procedures that maintain the safety of service recipients an staff as well as the dignity and self determination of 3 Refer to Attachment C, Jail Diversion Criteria for additional information. 111 112 RFP No. 1056 -1ORLD Page 10 of 33 individuals who are in crisis. The following publication is provided as a reference: Roadmap to Seclusion and Restraint Free Mental Health Services. DHHS Pub. No. (SMA) 05 -4055. Rockville, MD, Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, 2005. Medical exclusionary (Hospital Diversion) criteria: Included in Attachment B, the medical exclusionary criteria was developed in partnership with local hospitals and mental health care providers and are designed to provide a broad overview of conditions /illnesses that would exclude an individual from receiving services through the CDF. Specific medical exclusionary criteria may need to change once the CDF has been in operation for enough time to evaluate how they are working. The county, in partnership with the MIDD 10b subcommittee are willing to entertain suggestions for small modifications to the exclusion criteria as long as the change would not result in a reduction in the effectiveness of the CDF as a hospital or jail diversion resource. The physical plant of the CDF must include: At least 7,200 square feet. Locking doors and security measures to assure that consumers do not leave the facility without the awareness of staff members. Interview rooms of which at least two (2) have security features that would allow for containment of consumers who become behaviorally out of control. Beds arranged in single cubicles allowing for some privacy but allowing for line of sight monitoring by staff members. Common areas that include a locking medical supply closet, a secure records room, medical exam room, medication dispensary, intake /interview area, food storage and preparation areas, an eating area, offices for police, DMHPs and other professionals. Showers, some secure storage, laundry and a stocked clothes closet should also be incorporated. The services offered at the CDF must include: 24 hour per day, 7 day per week operation. Psychiatric evaluation, medication management, and stabilization services. Peer support and other mental health counseling. Chemical dependency evaluation. Case management that focuses on specific linkage with needed services such as benefits, housing, medical care, mental health and chemical dependency treatment. Transportation arrangements for consumers leaving the CDF (vehicle costs are available as part of start-up and within the annual budget). Nursing services. Three meals per day (arrangements may be made to have meals pre prepared and delivered or prepared on -site) with snacks and produce available on -site. Shower and laundry facilities. Capacity for a maximum length of stay of 72 hours with an average length of stay less than 24 hours. Submitted proposals must include staffing model for the CDF that contains a 4:1 consumer to staff ratio, peer support staff, and access to medical and psychiatric staff. The preferred staffing model includes: 1 CDF director (assigned full time to the CDF) 1 office support person 3 supervisors (1 per shift) 9 Mental Health Professionals (2 per shift) 4.5 Chemical Dependency Counselor (1 per shift) 4.5 Behavioral Health Specialists (1 per shift) 4.5 Registered Nurses /psychiatric ARNPs preferred (1 per shift) 4.5 Peer support specialists (1 per shift) 1 Psychiatric ARNP or Psychiatrist on -call after hours Medical staff needed on -call 24/7 RFP No. 1056 -10RLD Page 11 of 33 B. Mobile Crisis Team The mobile crisis team will be located at the CDF and will consist of 2.0 FTE Qualified Mental Health Professionals (MHP) on duty at all times to cover 24/7 operations. MHPs will also have professional certification in the field of chemical dependency, or be working towards chemical dependency professional certification The team will operate 24 hours per day, seven days per week. They will respond to police calls in the community to assist with people in mental health and chemical dependence crisis. The team will help as staff members at the CDF when not responding to crises in the community. They will also be called upon to transport consumers to and from the CDF. The crisis team can be seen as another resource to help triage consumers into the CDF and assist with stabilization and discharge planning. The team will have the ability to intervene with consumers in their own communities, identify immediate resources on the scene and relieve the need for any further intervention. They will also assist with discharge planning and transportation from the CDF to the community. The primary role of the mobile crisis team is to provide crisis outreach in the community by responding to requests for crisis outreach. They may also assist with transportation to and from the CDF and /or CDIS and assist at the CDF as long as they remain readily available to respond to calls from first responders. Submitted proposals will include a staffing model for the Mobile Crisis Team that includes a minimum of 2.0 FTE coverage 24 hours /day, 7 days /week. Proposals will also include a detailed discussion of the evidence based treatment approach to be used by the team consistent with the values expressed in Section II C (Values) and Practice Guidelines: Core Elements for Responding to Mental Health Crisis published by Substance Abuse Mental Health Services Administration (SAMHSA) (http://download.ncadi.samhsa.gov/ken/pdf/SMA09-4427.pdf). The preferred model includes: One team of 2.0 FTE MHPs providing coverage 24 hours /day, 7 days /week located at CDF Clinical Supervision on -site Transportation resources (in order to conduct outreach across the county) 365 days /year and 24 hours per day coverage C. Eligibility criteria Any adult (at least age 18) experiencing an emotional and /or behavioral disturbance, including substance use /abuse; who Lives in King County; Is in emotional or behavioral crisis that would benefit from crisis intervention services; Agrees to participate in the services; and Meets voluntary or involuntary eligibility criteria for jail or hospital diversion. Voluntary Criteria Definition: the goal of the CDF is to engage people who present at the CDF into voluntary treatment. The vast majority of individuals admitted to the facility will be voluntary at the time of admission and remain voluntary. Some individuals will be persuaded to accept diversion in lieu of arrest or involuntary civil commitment. We anticipate that some of these individuals may become involuntary upon transfer to the facility or after admission. In these cases, individuals may be kept at the facility under the following circumstances: 1) Individuals who, following admission to the facility, decide to leave may be held for up to 72 hours on an alcohol commitment hold under 70.96A RCW (King County has an 4 Reimbursement for Chemical Dependency Professional certification and training costs will be made available to the selected agency through the King County MIDD Strategy le through a separate contract with the King County MHCADSD. 113 114 RFP No. 1056 -10RLD Page 12 of 33 alcohol involuntary commitment specialist who has been designated by the King County Substance Abuse Prevention and Treatment Coordinator with authority to place individuals on a alcohol commitment hold.); 2) Individuals who may be a danger to self or others or gravely disabled due to a mental illness, may be held a sufficient time in order to be referred to the Designated Mental Health Professional (DMHP) for evaluation for detention under 71.05 RCW. If detained under 71.05 RCW, they will be transferred to an evaluation and treatment facility; and 3) Individuals who are delivered to the facility by police with a pending charge may be held up to 48 hours on a Police Hold. During this time CDF can de- escalate the crisis and arrange for follow up services. Should a person on a police hold decline services police can be called to arrange for an alternative disposition (potential booking). D. Evaluation King County Ordinance 16262 requires that the County conduct both process and outcome evaluations for all strategies funded by MIDD revenue. An overall evaluation framework was developed as well as proposed process and outcome measures for each of the MIDD strategies. Successful proposers will be required to coordinate with the MIDD evaluation team in the implementation of the evaluation plan. The goals of the MIDD crisis diversion strategy include diverting individuals with mental illness or chemical dependency from initial or further justice system involvement, reducing the number of people with mental illness and chemical dependency using costly interventions like jail, emergency rooms and hospitals, reducing the number of people who cycle through the jail, returning repeatedly as a result of their mental illness or chemical dependency, increased linkages of individuals admitted to needed community treatment and housing, reduced admissions to emergency rooms, and reduced admissions to jails. The evaluation criteria for MIDD strategy 10b will be created in partnership with the selected provider(s). A preliminary evaluation plan for MIDD strategy 10b is included in Ordinance 16262 (available at the following link http:// www .kingcounty.gov /healthservices /MHSA /MIDDPIan /MI DDThreePlans.aspx scroll down to 'Evaluation Plan' and click on KC Ordinance 16262, page 57 in the document has the evaluation plan for strategy 10b. This will be used as a starting point for finalizing the evaluation criteria for the strategy. Further information about the MIDD Oversight, Implementation and Evaluation Plans is available on the MHCADSD web site, http:// www. kingcounty. gov/ healthservices /MHSA/MIDDPIan.aspx. PART 4 PROPOSER QUALIFICATIONS Each proposal must follow the outline and instructions as described in Section III, Proposal Requirements. Each proposer must demonstrate how they will meet the following minimum qualifications in their responses to the RFP: 1. Proposer must have the ability to contract with King County for service delivery. It is not necessary to have a current or existing contract. 2. Proposer must agree to provide services in accordance with 45 CFR and HIPAA, parts 160 and 164, and any applicable Revised Code of Washington (RCW) and Washington Administrative Code (WAC). 3. Proposer must be able to submit data electronically to the MHCADSD Information System (IS) either directly or under contract with another entity. 4. Proposer must have the ability to maintain records consistent with applicable RCWs, WACs, and the King County Mental Health Plan Policies and Procedures Manual. Proposals that do not meet the above requirements will not be reviewed. PART 5 FUNDING After the start up year, King County expects to award approximately $6,000,000 annually, (which does not include the possibility of Medicaid match for Medicaid eligible individuals and services), for the implementation of the CDF, CDIS and Mobile Crisis team components of MIDD strategy 10b. MIDD funding RFP No. 1056 -1ORLD Page 13 of 33 is made available through the King County one -tenth of one percent sales and use tax to fund the strategies and programs outlined in King County's Mental Illness and Drug Dependency Plan, under King County Ordinance 16261. Limited startup funding will be considered as a one -time amount if included in the proposal. Successful proposals are eligible to receive continuation funding through the duration of the MIDD sales tax, depending upon contract performance, alignment with King County goals and objectives, and funding availability. King County renews contracts annually. Contract amounts entered into as a result of this RFP will be negotiated with the successful proposers. Proposers must demonstrate evidence of the ability to manage County allocated funds in a manner that maximizes utilization of funds and provides services throughout the contract period. A. Budget for a CDF 1. CDF services (including transportation): $4,034,791 (annualized) 2. CDF Facility Rent: $283,046 (annualized) (based on 7,200 square feet $38.9/sq ft) 3. Program /staff related start up costs: Startup costs include hiring staff, staff training and vehicle. Accessed through invoice to MHCADSD, on a cost reimbursement basis. Not to exceed $230,000 over the first six (6) months of the contract. 4. One -time costs for building remodeling (including permit, fees, etc): Accessed through invoice to MHCADSD, on a cost reimbursement basis. Not to exceed $500,000 over the first six (6) months of the contract. 5. Budget forms (Appendix B available MS Excel spreadsheet) and budget narrative must be included. B. Budget for Mobile Crisis Team 1. Mobile Crisis Team: $807,200 (annualized) 2. Program /staff Startup costs: Startup costs include hiring staff, staff training and vehicle. Accessed through invoice to MHCADSD, on a cost reimbursement basis. Not to exceed $90,000 over the first six (6) months of the contract. 3. Mobile Crisis Team annual budget includes annualized staff rates utilized by MHCADSD for licensed mental health professionals /chemical dependency professionals, these amounts are inclusive of agency benefits, overhead, materials necessary for these positions and transportation costs. 4. Budget forms (Appendix B available MS Excel spreadsheet) and budget narrative must be included. PART 6 OVERALL PROPOSAL REQUIREMENTS A. Proposal Items. A proposal must contain responses to each of the items identified below (maximum number of pages for each requirement is included below): 1. Overall Proposal Cover Page (1 page); this form is found at the end of this RFP document 2. Proposer Qualifications (2 pages); 3. Executive Summary (1 page); 4. Eligibility /Qualification Section (12 pages); 5. Overall Program Narrative (5 pages); 6. Program Narrative: Crisis Diversion Facility (18 pages); and 7. Program Narrative: Mobile Crisis Team (8 pages). 115 116 RFP No. 1056 -10RLD Page 14 of 33 8. Budget Section (3 pages each for budget, justification and start -up, for a total of 9 pages); and 9. Required Attachment(s): Attachment A, Signed MIDD 10b Affidavit (Statement of Assurance 1 page) Attachment B, Budget Forms (9 pages each for CDF and Mobile Crisis team Attachment C, Agency References (3 pages supplied by proposer; no form included with this RFP) Organize responses with the proposal cover page on top and all other items in the same order as they appear in this RFP. Responses must contain the above items to be eligible for review. The response must use standard size type (a font size of no less than 11 points). The response must be typed on 8.5 X 11 -inch white paper with 1 inch margins and double -sided format. Single spacing is allowed. Each page must be numbered sequentially. Please submit one (1) original and ten (10) copies of the proposal. Responses must be prepared simply and economically, providing a straightforward and concise, but complete and detailed description of your ability to meet the requirements outlined in this document. Emphasis shall be on the completeness of content. Fancy bindings, colored displays, and promotional materials will not be accepted. We encourage the use of recycled paper. PART 7 SPECIFIC PROPOSAL REQUIREMENTS A. Overall Proposal Cover Page (1 page) Complete the Overall Proposal Cover Page (found as the last page to this RFP) and attach it to the top of the proposal packet submitted. B. Proposer Qualifications (2 pages) Section II, Part 4, Proposer Qualifications, sub -items numbered 1 -4. C. Executive Summary (1 page) required for all proposals Provide a summary of your entire proposal. It must specify the funding you are applying for in the first 5 lines of the executive summary (that is, Crisis Diversion Facility, Mobile Crisis Team, or a combination thereof), describe the target population(s), and provide a brief description of the proposed program activities and expected outcomes. D. Eligibility /Qualification Section (up to 10 pages) required for each proposal Organize responses in this section in the same order as they appear in this section, numbering 1 -9. 1. Describe the proposer's history and experience with developing and providing crisis mental health and chemical dependency /substance abuse services with adults. 2. Describe the proposer's history and experience with providing crisis stabilization services to individuals with mental illness and /or chemical dependency. 3. Describe the proposer's knowledge and experience with working with peer -to- peer support. Provide specific examples of this work, including successes and challenges. 4. Describe the proposer's experience with and process for assisting mentally ill and chemically dependent adults in the following: 4.1. Developing community and natural supports; 4.2. Accessing housing and residential services; and 4.3.. Developing effective partnerships with other adult serving systems and community services to jointly serve mentally ill and chemically dependent adults. RFP No. 1056 -10RLD Page 15 of 33 5. Describe the proposer's experience with working with law enforcement and the criminal justice system. 5.1. Specify how law enforcement will be included in the planning and implementation of services. 6. Describe the proposer's experience with working with medical first responders, hospitals and psychiatric inpatient hospitals. 6.1. Specify how medical first responders, hospitals and psychiatric inpatient hospitals will be included in the planning and implementation of services. 7. Describe the proposer's history and experience with the following: 7.1. Serving special populations including specific expertise with: 7.1.1. Criminal justice, 7.1.2. Physical health, and 7.1.3. Developmental disability issues Other Requirements 8. Describe the proposer's experience with program evaluation, including the collection of both process and outcome measures. 9. Provide a realistic timeline for the 12 months of the project, including start -up (chart or graph) showing key activities, milestones, and responsible staff. [Note: The timeline should be part of this section. It should not be placed in an appendix.] E. Overall Program Narrative (up to 5 pages) required for each proposal Organize responses in this section in the same order as they appear in this section, numbering 1 -6. 1. Discuss the capability and experience of the applicant organization and other participating organizations with similar projects and populations. Demonstrate that the applicant organization and other participating organizations have linkages to the population of focus and are culturally competent. 2. Describe how the proposer will work in partnership with other adult crisis serving agencies. 3. Describe the proposer's plan for developing and maintaining effective working relationships with system partners, include plan for the following partners: a. Mental health providers, b. Substance abuse providers, c. Criminal justice system, d. Law enforcement, e. Hospitals, f. Medical first responders, and g. Developmental disabilities. 4. Document your ability to collect and report on the MIDD evaluation plan. Describe your plan for data collection, management and reporting 5. Describe how data will be used to manage the project and assure continuous quality improvement. 6. Describe and discuss how you will work with other Crisis Diversion Services providers. Describe and discuss how you will work with the provider(s) who receive awards for the other component(s). 117 118 RFP No. 1056 -10RLD Page 16 of 33 F. Program Narrative: Crisis Diversion Facility (up to 12 pages) required if seeking funding in this category Organize responses in this section in the same order as they appear in this section, numbering 1 -15. 1 Provide a complete list of staff positions for the Crisis Diversion Facility (CDF) project, showing the role of each and their level of effort and qualifications (education, professional and past work experience). Include the CDF Project Director, Clinical Director and other key personnel, such as supervisory personnel. a. Describe how the proposer will recruit new staff to the project. b. Include timelines and strategies to reach full staffing capacity within 6 months of award date. c. Include a copy of the proposer's organizational chart, noting how the CDF will be incorporated into the organizational structure. d. Include the resumes for individuals already identified (no more than 2 pages each placed in appendix). e. Include a copy of the job description, including qualifications (no more than 1 page placed in appendix) for positions to be hired /filled. 2. Discuss how key staff have experience with delivering 24 hours /day mental health and /or substance abuse services. a. Discuss how key staff have demonstrated experience in serving individuals in mental health and chemical dependency crisis b. Discuss how key staff are familiar with the culture and language of the population of focus 3. Identify and describe the proposed location for the CDF. a. Include evidence that the proposed site is secured or a letter of commitment from site owner verifying readiness to site CDF at proposed location. (Copy of letter of commitment or other evidence can be included as Appendix C and does not count toward the section page limit.) b. Include evidence that the local municipality is aware of your location and that you will work collaboratively on permitting and zoning requirements if awarded c. Include evidence that the proposer will work with the local municipality on a neighbor relations plan to foster good neighbor relationships. d. Copies of letters of commitment or other evidence (required in 3 a -c) can be included as Appendix C and does not count toward the section page limit. 4. Describe the resources available for the proposed project (e.g., facilities, equipment), and provide evidence that services will be provided in a location that is adequate, accessible, compliant with the Americans with Disabilities Act (ADA), and amenable to the population of focus. 5. Describe the evidence based treatment approach to be used within the CDF and relationship to the values expressed in Section II, Part 2, Item C, Values. 6. Describe what services will be coordinated between the CDF and the Crisis Diversion Interim Services and Mobile Crisis Team (i.e., triage, screening, assessment, transportation, etc...) and how. 7. Describe how the proposed project will address the physical plan and service components expressed in Section II, Part 2, Item B, Physical Plant. 8. Clearly state the unduplicated number of individuals you propose to serve through the CDF (annually, including the types and numbers of services to be provided and anticipated outcomes). Describe how the population of focus will be identified, engaged, screened, assessed and referred. 9. Describe how project planning, implementation and assessment will include client input. RFP No. 1056 -10RLD Page 17 of 33 10. Describe how the project components will be embedded within the existing mental health and chemical dependency service delivery system. Identify any other organizations that will participate in the proposed project. Describe their roles and responsibilities and demonstrate their commitment to the project. (Copy of letter of commitment or other evidence can be included as Appendix C and does not count toward the section page limit.) 11. Describe the law enforcement referrals and coordination aspect of the project. 12. Describe the hospital (emergency room, ambulance, medical first responders and psychiatric hospitals) referrals and coordination aspect of the project. 13. Describe the proposed discharge plan for individuals leaving the CDF, detailing how they will be transported home (or to other level of care) and linked to ongoing mental health and /or chemical dependency services. 14. Describe the potential barriers to successful conduct of the proposed project and how you will overcome them. 15. Describe how program continuity will be maintained when there is a change in the operational environment (e.g., staff turnover, change in project leadership) to ensure stability over time. G. Program Narrative: Mobile Crisis Team (up to 8 pages) required if seeking funding in this category Organize responses in this section in the same order as they appear in this section, numbering 1 -7. 1 Provide a complete list of staff positions for the Mobile Crisis Team project, showing the role of each and their level of effort and qualifications. Include the Project Manager and other key personnel, such as supervisory personnel. a. Describe how the proposer will recruit new staff to the project. b. Include timelines and strategies to reach full staffing capacity within 6 months of award date. c. Include a copy of the proposer's organizational chart, noting how the Mobile Crisis Team will be incorporated into the organizational structure. d. Include the resumes for individuals already identified (no more than 2 pages each placed in appendix). e. Include a copy of the job description, including qualifications (no more than 1 page placed in appendix) for positions to be hired /filled. 2. Discuss how key staff has demonstrated experience in serving the population of focus and are familiar with the culture and language of the population of focus. Describe how the staff are qualified to serve multicultural and multilingual populations. 3. Describe the proposer's experience with providing mobile crisis mental health and substance abuse services. 4. Describe the proposer's experience with working with law enforcement and medical first responders to respond to mental health and substance abuse crises. 5. Describe the proposer's plan for transportation of individuals needing crisis mental health and substance abuse services. 6. Describe the resources available for the proposed project (e.g., facilities, equipment). Describe the evidence based treatment approach to be used by the team and relationship to the values expressed in Section II, Part 2, Item C, Values.. 7. Describe what services and transportation will be coordinated between the Mobile Crisis Team and the CDF and Crisis Diversion Interim Services and how. 119 120 RFP No. 1056 -1ORLD Page 18 of 33 H. Budget Section (3 pages) required for each funding category (CDF Mobile Crisis Team) 1. Provide a line item budget per proposed project (CDF and /or Mobile Crisis Team), including a start up budget and an annualized budget. 2. Provide a detailed budget narrative and justification, including timelines. 3. The startup budget should cover no more than six (6) months and be limited to staffing, training, transportation for the CDF and Mobile Crisis Team, and shall include building modifications, permitting, equipment and furniture for the CDF only. PART 8 PROPOSAL REVIEW PROCESS A. Proposal Evaluation Criteria As shown below, a possible total of 430 points for the CDF component and 330 points for the Mobile Crisis Team component will be awarded for the written response to the RFP in the following categories: Category Maximum Points Overall Proposal Cover Page (1 page) Not rated Executive Summary (1 page) 10 points Eligibility /Qualification Section (10 pages) 120 points Overall Program Narrative (5 pages) 50 points Program Narrative: Crisis Diversion Facility (12 pages) 180 points Program Narrative: Mobile Crisis Team (8 pages) 80 points Budget Section* (3 pages allowed for each form, justification, start annual budgets) Crisis Diversion Facility Budget 30 points Mobile Crisis Team Budget 30 points *budget form, narrative justification, start up and annualized budget required Required Material Required Screened out if not received. Appendix A, MIDD lob Affidavit (Statement of Assurance 1 page) Appendix B, Budget Forms (3 pages) Agency References (3 pages). Other Materials Appendix C, Evidence and Letters of Support (no page limit) 30 points (evidence) 10 points (letters of support) SCS Certification See Part 10 below. As applicable, proposer may receive 10% of written evaluation points available for the programs submitted 10% All applications must be complete to be accepted for review. All applications will be screened for completeness. Incomplete applications will not be reviewed. B. Decision Process A panel of raters selected by King County will review responses. The responses will be rated according to the points specified in Evaluation Criteria above. Within two (2) weeks of the response deadline the rating panel will meet. At that meeting the panel will: Review each member's independent ratings of the responses; Tabulate scores for each proposal; Review references; and Generate a final ranking for all responses. RFP No. 1056 -10RLD Page 19 of 33 Respondents will be ranked according to total score. The highest ranked proposal(s) may be asked to participate in an interview. If interviews are conducted, they will have a maximum value of 50 points. Final awards would then be based on the sum total of the written proposal and interview scores. If held, following the interview process, the successful respondent(s) will enter into contract negotiations. All proposers will be notified of the results. Note: As include in Section I of this RFP, information regarding any potential protest or appeals action is available by contacting the buyer listed on page 1 of this document. PART 9 REFERENCE INFORMATION Clark, J. (2004). Non Specialty First Appearance Court Models for Diverting Persons with Mental Illness: Alternatives to Mental Health Courts. Delmar, NY: Technical Assistance and Policy Analysis Center for Jail Diversion. Johnsrud, M. (2004). The Bexar County Jail Diversion Program: Measuring the Potential Economic and Societal Benefits, Policy Report. The University of Texas at Austin, Center for Pharmacoeconomic Studies. Rueland, M. (2004). A Guide to Implementing Police -Based Diversion Programs for People with Mental Illness. Delmar, NY: Technical Assistance and Policy Analysis Center for Jail Diversion. SAMHSA (2009). Practice Guidelines: Core Elements for Responding to Mental Health Crises. HHS Pub. No. SMA -09 -4427. Rockville, MD: Center for Mental Health. Services, Substance Abuse and Mental Health Services Administration. SAMHSA (2005). Roadmap to Seclusion and Restraint Free Mental Health Services. DHHS Pub. No. (SMA) 05 -4055. Rockville, MD, Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, 2005. Juvenile Justice Operational Master Plan. http:l /your.kingcounty.gov /exec /jjomp/ Adult Justice Operational Master Plan http: /www.kingcounty.gov/ exec strategy StrategicPlan /AJOMP /AJOMP %201.aspx The 10 year Plan to End Homelessness http: /www.cehkc.org /planl0 /plan.aspx Veterans and Human Services Levy Service Improvement Plan http://www.kingcounty.gov/operations/DCHS/Services/Levy.aspx King County Mental Health Recovery Plan http: /www. kingcounty. gov /healthservices /MentalHealth/ Recovery/ KcMentalHealth /MHRecoveryPlan.aspx PART 10 KING COUNTY CONTRACTING OPPORTUNITIES PROGRAM The purpose of the King County Contracting Opportunities Program is to maximize the participation of Small Contractors and Suppliers (SCS) through the use of rating points in the award of King County competitively bid contracts for the acquisition of goods and services. The program is open to all firms that are certified as an SCS by King County's Business Development and Contract Compliance Office. Not- for Profits are not eligible for participation. A "Small Contractor or Supplier" (SCS) means that a business and the person or persons who own and con- trol it are in a financial condition, which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Program is set at fifty percent (50 of the Federal Small Business Administration (SBA) small business size standards using the North American Industrial Classification System (NAICS), and an Owners' Personal Net Worth less than $750K dollars. A "Certified Firm" means a business that has applied for participation in King County's Contracting Oppor- tunities Program, and has been certified as an SCS by the King County Business Development and Contract Compliance (BDCC) office. Information about becoming a Certified Firm, as well as a list of Certified Firms, 121 122 RFP No. 1056 -10RLD Page 20 of 33 may be obtained by visiting the King County's Contracting Opportunities Program Website address: http: /www.kingcounty.gov/ exec BusinessDev /contractingopps.aspx (you may search SCS firms by access- ing the "SCS Directory" tab on the left side of the screen) or contacting the BDCC office at (206) 205 -0700. In the evaluation of proposals, ten percent of the possible points based on programs submitted will be allot- ted for SCS participation. King County will count only the participation of SCSs that are certified by King County at the date and time of proposal submittal. After tabulation of the selection criteria points of all prime submitters, the appropriate SCS points shall be added to the score of all proposals that meet at least one of the two following sub- criterion: 1. If the Prime submitter who is an SCS firm and includes the SCS certification number on page one of this submittal is eligible to receive the maximum points for this criterion (please note that not -for- profits are ineligible for SCS certification and prime participation) 2. If the Prime submitter is not an SCS but will use SCSs for at least 5% of the total contract labor hours in the work to be performed in this contract, and who complete the following table and include it in their proposal submission: SCS Sub- Contact Name Work to be performed Percentage of Certification Contractor Phone Total Hours Number Name SCS participation shall be counted only for SCSs performing a commercially useful function according to custom and practice in the industry. A commercially useful function is defined as a specific scope of work for which the SCS has the management and technical expertise to perform using its own workforce and resources. PART 11 INSURANCE The selected Consultants shall furnish, at a minimum, Commercial General Liability, to include Products and Completed Operations, in the amount of $3,000,000 combined single limit aggregate. Professional Liability, Errors Omissions in the amount of $3,000,000 is also required. In addition, evidence of Workers' Com- pensation and Stop -Gap Employer's Liability for a limit of $1,000,000 shall be provided. Such policy /policies shall endorse King County, and its appointed and elected officials, officers, agents and employees as additional insureds. King County reserves the right to approve deductible /self insured retention levels and the acceptability of in- surers. PART 12 REQUIRED FORMS The following completed forms will be required from the selected contractor(s), prior to contract award: A. King County Personnel Inventory Report B. Affidavit and Certificate of Compliance with King County Code 12.16 C. Statement of Compliance Union or Employee Referral Agency Statement (if applicable) D. King County Code 3.04.120 and Consultant Disclosure Form (if applicable) E. 504 /ADA Disability Assurance of Compliance and Corrective Action Plan F. Equal Benefits Compliance Declaration Form Copies of these forms are available by contacting the King County Procurement and Contract Services Division. They are available in paper form, or may be obtained via e-mail. Please contact Cathy Betts at 206- 263 -9291 or Roy L. Dodman at 206 263 -9293, or by sending an e- mailed request to cathy.betts @kingcounty.gov or roy.dodman @kingcounty.gov PART 13 BID PROPOSAL CHECKLIST A. One (1) signed copy of entire RFP package. B. One (1) signed copy of any Addendum that was issued. (If it has signature box at bottom of first page, it must be returned.) C. One (1) unbound copy of proposal response marked "Original." (Include the required cover page, attachments and appendixes.) D. Ten (10) copies of proposal response. (Include the required cover page, attachments and appendixes for with each copy. E. One (1) CD -ROM, with either one (1) pdf version of the proposal, one (1) Microsoft Word version of the proposals (2000 -2005 edition), or both. (Please label your CD's with proposer's name.) F. Complete the Bid Identification Label below (or reasonable facsimile) and attach it to a prominent place on the exterior of the submission envelope, box, etc. PART 16 EXHIBIT URGENT SEALED BID ENCLOSED Do Not Delay Deliver Immediately z King County I u Bid No. Bid Title Due Date Exhibit A: Sample Contract (hyperlink) Vendor King County Procurement Contract Services Section Chinook Bldg, 3 Floor, 401 Fifth Avenue CNK -ES -0340 Seattle, WA 98104 -2333 RFP 1056 -10RLD MIDD Crisis Division Services REBID RFP No. 1056 -1ORLD Page 21 of 33 PART 14 ATTACHMENTS Attachment A: Sample Budget Justification Attachment B: Mental Illness and Drug Dependency Plan (MIDD) Crisis Diversion Facility (10b) Planning Workgroup PART 15 APPENDICES Appendix A: MIDD 10b Statement of Assurance (must be signed required at time of submittal) Appendix B: Budget Forms (sample of forms included in RFP; use the MS Excel form available on the County Procurement web site or by contacting the Buyer listed on Page 1) Appendix C: Evidence and Letters of Support Not a published form; proposer supplies this material. 123 124 RFP No. 1056 -10RLD Page 22 of 33 Attachment A Sample Budget Justification A. Personnel: an employee of the applying agency whose work is tied to the application RFP REQUEST Position 1 Name 1 Annual Salary/Rate 1 Level of Effort 1 Cost Executive Director I John Doe 1 $64,890 110% $6,489 I Coordinator I To be selected I $46,276 100% 1 $46,276 TOTAL $52,765 JUSTIFICATION: Describe the role and responsibilities of each position. The executive director will provide oversight of grant, including fiscal and personnel management, community relations and project implementation and evaluation. The coordinator will coordinate project services and project activities, including training, communication, data collection and information dissemination. RFP REQUEST (enter in Personnel section) $52,765 B. Fringe Benefits: List all components of fringe benefits rate RFP REQUEST Component 1 Rate I Wage Cost FICA 1 7.65% 1 $52,765 $4,037 Workers Compensation 1 2.5% 1 $52,765 $1,319 Insurance 1 10.5% I $52,765 $5,540 TOTAL $10,896 JUSTIFICATION: Fringe reflects current rate for agency. RFP REQUEST (enter in Fringe Benefits section).... $10,896 C. Travel: Explain need for all travel. Local travel policies prevail. RFP REQUEST Purpose of Location Item Travel Training (be as Out of state Airfare specific as possible) Local travel Rate Cost $200 /flight x 2 persons $400 Hotel 1 $100 /night x 2 persons x 2 nights 1 $400 Per Diem (meals) 1 $46 /day x 2 persons x 2 days 1 $184 1 Mileage 1 3,000 miles @.485 /mile 1 $1,455 TOTAL 1 $2,439 JUSTIFICATION: Describe the purpose of travel and how costs were determined. Cost for two staff to attend evidence based training in Ohio. Local travel is needed to attend local meetings, project activities, and training events. Local travel rate is based on agency's privately owned vehicle (POV) reimbursement rate. RFP REQUEST (enter in Travel section) $2,439 RFP No. 1056 -1ORLD Page 23 of 33 D. Equipment: an article of tangible, nonexpendable, personal property having a useful life of more than one year. RFP REQUEST Item(s) Rate Cost Laptop Computer I $900 $900 Printer $300 I $300 Projector I $900 I $900 TOTAL I $2,100 JUSTIFICATION: The laptop computer and printer is needed for both project work and presentations. The projector is needed for presentations and outreach workshops. All costs were based on retail values at the time the application was written. RFP REQUEST (enter in Equipment section) 2,100 E. Supplies: office supplies and other materials, often having one -time use. RFP REQUEST Item(s) Rate Cost General office supplies $50 /mo. x 12 mo. $600 Postage $37 /mo. x 8 mo. $296 Copies 8000 copies x .10 /copy $800 TOTAL $1,696 JUSTIFICATION: Describe need and include explanation of how costs were estimated. Office supplies, copies and postage are needed for general operation of the project. The laptop computer is needed for both project work and presentations. The projector is needed for presentations and outreach workshops. All costs were based on retail values at the time the application was written. RFP REQUEST (enter in Supplies section) 1,696 F. Consultant: generally amount paid to non employees for services or products. A consultant is a non employee who provides advice and expertise in a specific program area. RFP REQUEST (Consultant) Name Service I Rate I Other I Cost To be selected Architect I $400 /day 15 days 1 $2,000 Travel I .485 /mile 1 360 miles I $360 I TOTAL I $2,360 JUSTIFICATION: Explain the need for each agreement and how they relate to the overall project. RFP REQUEST (enter in Consultant section) 2,360 G. Contractual: Goods, services and other approved outside contracts. RFP REQUEST (Contract) I Entity 1 To be selected 1 Product/Service 11.5 minute Public Service Announcement (PSA) !Cost 1 $2,300 125 126 RFP No. 1056 -1ORLD Page 24 of 33 Entity 1 Product/Service J Cost To be selected Training 1 $2,000 TOTAL 1 $4,300 JUSTIFICATION: Explain the need fo'r each agreement and how they relate to the overall project. H. Other: expenses not covered in any of the previous budget categories RFP REQUEST 1 Item 1 Rate I Cost Rent 1 $15 /sq.ft x 700 sq. feet 1 $10,500 I Telephone $100 /mo. x 12 mo. 1 $1,200 1 Brochures 1 .89 /brochure X 1500 brochures 1 $1,335 TOTAL 1 $13,035 JUSTIFICATION: Break down costs into cost/unit, i.e., cost/square foot. Explain the use of each item re- quested. Rent and telephone are necessary to operate the project. The monthly telephone costs reflect the of effort for the personnel listed in this application. Brochures will be used at various community functions (health fairs and exhibits). RFP REQUEST (enter in Other section) 13,035 I. Indirect cost rate: Indirect costs are costs that are not directly accountable to a particular function or product. RFP REQUEST Base I Rate I Cost I $63,661 1 8% 1 5,093 JUSTIFICATION: Break down base costs and justify indirect rate. 8% of personnel and fringe (.08 x $63,661). RFP REQUEST (enter in Indirect section) $5,093 8% of personnel and fringe (.08 x $63,661) BUDGET SUMMARY: I Category RFP Request 1 A. Personnel $52,765 B. Fringe $10,896 C. Travel $2,439 D. Equipment $2,100 E. Supplies $1,696 F. Consultant $2,360 G. Contractual $4,300 H. Other $13,035 Total Direct Costs* $89,591 I. Indirect Costs $5,093 I Category 1 Total Project Costs 1 TOTAL DIRECT COSTS: RFP REQUEST (enter in Total Direct Costs section) $89,591 INDIRECT COSTS: RFP REQUEST (enter in Indirect Costs section) $5,093 TOTAL PROJECT COSTS: Sum of Total Direct Costs and Indirect Costs RFP REQUEST (enter in Total Project Costs section) $94,684 RFP Request $94,684 RFP No. 1056 -1ORLD Page 25 of 33 127 128 Attachment B RFP No. 1056 -10RLD Page 26 of 33 Mental Illness and Drug Dependency Plan (MIDD) Crisis Diversion Facility (10b) Planning Workgroup Medical Criteria Behavioral Emergency: A person who is out of behavioral control, is deemed an imminent danger to self or others and is unwilling to accept treatment, and likely to require seclusion or restraint to maintain their safety. Persons experiencing a behavioral emergency are not appropriate for referral to the CDF, Behavioral Crisis: A person who is experiencing acute exacerbation of an existing mental illness and is willing to receive services or someone who may have suicidal ideation while exhibiting behavioral control. Persons experiencing a behavioral crisis are appropriately referred to the CDF. Consumers who are NOT appropriate for admission to Crisis Diversion Facility (CDF) 1. Temperature >101 degrees F. 2. Pulse outside of 50 120, 3. Blood pressure <90 or >200 systolic, or >90 diastolic, 4. Respiratory rate >24, 5. Glucose blood sugar level <60 or >300, 6. Red blood count: Hct <30 Hgb <10 grams, 7. Mental status which is lethargic, in a stupor, comatose or there is spontaneously fluctuating men- tal status, 8. Toxic or rising levels of medications or other substances (some substances may require serum levels to determine potential toxicity), 9. Deterioration of vital signs prior to transfer (vital signs must be taken within 2 hours of transfer), or 10. Conditions requiring medical services not provided at CDF, and 11. Withdrawal from alcohol, opiates and benzodiazepines, even if medications and /or a patch (i.e., Klonodine patch) are prescribed to assist with the withdrawals. Medical services that are NOT provided at the CDF 1. Vital signs monitoring more frequent that Q 8 hours 2. Acute medical treatments, 3. Stat (within 1 hour) or urgent (within 4 hours) X -rays and blood work, 4. Oxygen, unless client brings in his or her own supply, 5. IV therapies, 6. Suctioning, 7. NG tubes, 8. Central catheter insertion and maintenance, 9. Medical isolation, 10. Feeding tube placement and management, 11. Initiation of bowel and bladder training, 12. Extensive skin care programs, 13. Acute wound care or orthopedic care, 14. In -house physical therapy or other rehabilitation programs, 15. Retraining for swallowing, 16. Renal or peritoneal dialysis 17. Management of first trimester pregnancy or beyond 36 weeks, or delivery. RFP No. 1056 -1ORLD Page 27 of 33 18. Management of advanced or complicated pregnancy and delivery, 19. Blood gases, 20. Management of infection and contagious disease. Any concerns that the consumer may have an in- fection and/or contagious disease and the test results are not available at time of admission. 21. Post operative stabilizing demonstrated through labs or vital signs over a 48 -hour period, 22. Diabetes management with unstable blood sugars or blood glucose exceeding 400 within last 6 hours, 23. Management of patients who have ingested toxic amounts of substances who either have not been evaluated in a medical setting and medically cleared, or if medically cleared are not yet fully con- scious, and 24. Management of Delirium. Though the CDF will strive to exhibit a welcoming profile to the community, the following non- medical conditions are considered to be either unsafe or clinically inappropriate for admission to the CDF: 1. Presenting primarily for disability or other eligibility evaluation, 2. Presenting with current felony charges, 3. Presenting with a level of violence surpassing the management capability of this facility, 4. Presenting primarily for domestic violence, 5. Presenting primarily for active sexual offender behavior, 6. Presenting primarily for detoxification or intoxication, and 7. Children under 18 years of age 129 130 Appendix A Printed name of Authorized Representative MIDD 10b Statement of Assurance As the authorized representative of [insert name of applicant organization] Signature of Authorized Representative Date RFP No. 1056 -1ORLD Page 28 of 33 I assure King County that we have reviewed the Scope of Work and by accepting this award, we agree to comply with all elements of the Scope of Work, in addition to the following: Comply with the MIDD Evaluation Plan and MIDD Data Dictionary, which includes reporting re- quirements, which will be individualized upon award; Participate in the development of policies and procedures for the CDF, CDIS and /or Crisis Mobile Team in partnership with King County; Participate in monthly meetings with the MIDD 10b strategy oversight group; and, Comply with the terms of the negotiated contract that arises from the award. I understand that compliance with these assurances throughout the period of the project is a term and condition of the award and failure to comply with them may result in sanctions including termination of the award. Appendix B King County MIDD 10b RFP Budgets King County MIDD 10b RFP Annual Budget Complete a separate budget for each component applying for: CDF Mobile Crisis Team (specific which component each budget is for) (Note: this form is available in MS Excel format at the King County Procurement website, or by contacting the buyer listed on page 1 of this RFP. The Excel version MUST be used in the proposal submission). 1 Personnel Total Personnel Fringe Benefits Rate (include all components) Total Fringe Benefits 1 $0 $0 Total Personnel Costs w /Benefits for Staff $0 $0 Non Personnel Costs Position Equipment: Computers and Communication Professional Services Office Supplies /Furniture Recruiting Participants Name of FTE FTE level of Annual Total effort Salary per Annual FTE Salary 0 RFP No. 1056 -1ORLD Page 29 of 33 $0 $0 131 Personnel 132 Training /Consultatio n Insurance Rent Utilities Miscellaneous Repair and Maint. Janitorial Travel /Mileage Other (please specify) Total Non Personnel Costs Provider Administrative Costs Indirect/Administrative Costs RFP No. 1056 -10RLD Page 30 of 33 of FTE FTE level of Annual Total effort Salary per Annual FTE Salary $0 Total Costs so Appendix B continued King County M1DD 10b RFP Start -up Budget Complete a separate budget for each component applying for: CDF Mobile Crisis Team (specific which component each budget is for) Personnel Total Personnel Position Name Fringe Benefits (include all components) Rate I I I I I I I Total Fringe Benefits I $0 1 $0 1 1 Total Personnel Costs w /Benefits for Staff $0 $0 1 Non Personnel Costs Training /Consultation (please specify) Vehicle /transporation One -time costs (required for CDF proposals only) for building remodeling (please specify all building remodeling related start -up costs) 1 1 I I I Total Non Personnel Costs Total Costs $0 0 RFP No. 1056 -10RLD Page 31 of 33 of FTE FTE level Annual Total of effort Salary per Annual FTE Salary $0 $0 $o 133 134 RFP No. 1056 -10RLD Page 32 of 33 EXHIBIT A SAMPLE CONTRACT In order to inform proposers of the types of expected terms and conditions required by King County, sample contracts are provided on the King County Department of Community and Human Services website located at: htto: /www.kinacountv.aov /operations /DCHS/ Business /Contractina /BoilerPlates.asox These sample contracts represent the contractual language approved by various representative agencies and departments within the County. Based on this approval, the County does not encourage deviations from the terms and conditions contained in the contract. Requests for changes or modifications could create delays in the contracting process with the selected contractor, and may result in the cancellation of negotiations with the top- ranked proposer. These contracts are being provided for informational purposes only. 4 !FY,: res' Eii,ployeri SHR Cer tification r.f0ftre001:0 services: 13. Washington State Licensure for menta health servic 14. Washington State Certification for mental health evaluation and t reat rfie services: On ,1 4 Business F 1, title Of Proposed Project: OVERALL PROPOSAL COVER PAGE Complete the Cover Page and Attach to the Top of the Proposal Package Submitted King County Mental Illness and Drug Dependency (MIDD) Strategy 10b Proposal for Crisis Diversion Services RFP No. 1056-1ORLD Page 33 of 33 135 136 Attachment A: Hospital Diversion Criteria Mental Illness and Drug Dependency Plan (MIDD) Crisis Diversion Facility (10b) Planning Workgroup Hospital Diversion Medical Criteria Behavioral Emergency: A person who is out of behavioral control, is deemed an imminent danger to self or others, and is unwilling to accept treatment, and likely to require seclusion or restraint to maintain their safety. Persons experiencing a behavioral emergency are not appropriate for referral to the CDF. Behavioral Crisis: A person who is experiencing acute exacerbation of an existing mental illness and is willing to receive services or someone who may have suicidal ideation while exhibiting behavioral control. Persons experiencing a behavioral crisis are appropriately referred to the CDF. Consumers who are NOT appropriate for admission to CDF 1. Temperature >101 degrees F., 2. Pulse outside of 50 —120, 3. Blood pressure <90 or >200 systolic, or >90 diastolic, 4. Respiratory rate >24, 5. Glucose blood sugar level <60 or >300, 6. Red blood count: Hot <30 Hgb <10 grams, 7. Mental status which is lethargic, in a stupor, comatose or there is spontaneously fluctuating mental status, 8. Toxic or rising levels of medications or other substances (some substances may require serum levels to determine potential toxicity), 9. Deterioration of vital signs prior to transfer (vital signs must be taken within 2 hours of transfer), or 10. Conditions requiring medical services not provided at CDF, and 11. Withdrawal from alcohol, opiates and benzodiazepines, even if medications and /or a patch (Le., Klonodine patch) are prescribed to assist with the withdrawals. Medical services that are NOT provided at the CDF 1. Vital signs monitoring more frequent that Q 8 hours, 2. Acute medical treatments, 3. Stat (within 1 hour) or urgent (within 4 hours) X -rays and blood work, 4. Oxygen, unless client brings in his or her own supply, 5. 1V therapies, 6. Suctioning, 7. NG tubes, 8. Central catheter insertion and maintenance, 9. Medical isolation, 10. Feeding tube placement and management, 11. Initiation of bowel and bladder training, 12. Extensive skin care programs, 13. Acute wound care or orthopedic care, 14. In -house physical therapy or other rehabilitation programs, 15. Retraining for swallowing, 16. Renal or peritoneal dialysis, 1056- 10_attachA.doc, Hospital Diversion Criteria Pagel 137 138 17. Management of first trimester pregnancy or beyond 36 weeks, or delivery, 18. Management of advanced or complicated pregnancy and delivery, 19. Blood gases, 20. Management of infection and contagious disease. Any concerns that the consumer may have an infection and /or contagious disease and the test results are not available at time of admission, 21. Post operative stabilizing demonstrated through Tabs or vital signs over a 48 -hour period, 22. Diabetes management with unstable blood sugars or blood glucose exceeding 400 within last six hours, 23. Management of patients who have ingested toxic amounts of substances who either have not been evaluated in a medical setting and medically cleared, or if medically cleared are not yet fully conscious, and 24. Management of delirium. Though the CDF will strive to exhibit a welcoming profile to the community, the following non medical conditions are considered to be either unsafe or clinically inappropriate for admission to the CDF: 1. Presenting primarily for disability or other eligibility evaluation, 2. Presenting with current felony charges, 3. Presenting with a level of violence surpassing the management capability of this facility, 4. Presenting primarily for domestic violence, 5. Presenting primarily for active sexual offender behavior, 6. Presenting primarily for detoxification or intoxication, and 7. Children under 18 years of age. 1056- 10_attachA.doc, Hospital Diversion Criteria Paget Attachment B: Jail Diversion Criteria DANIEL T. SATTERBERG PROSECUTING ATTORNEY MEMORANDUM King County TO: MIDD Oversight Committee FM: Ian Goodhew, KCPAO RE: Legal and Eligibility Structure for Crisis Diversion Facility (CDF) for Jail Bound Persons I. Introduction: Diverting the Mentally Ill and Drug Dependent from Our Jails In calling upon the county's criminal justice stakeholders to act, the council made the following specific findings in support of its call for action: 2. Key leaders from the county criminal justice agencies agreed that the lack of access to ongoing treatment and housing leads to crises that, by default, require criminal justice interventions that are difficult, costly and most often ineffective in resolving problems. 4. Persistent problems arise from booking people who are unstable and disabled due to mental illness and chemical dependency, creating a need for both pre booking diversion and diversion after booking and before the filing of criminal charges. Office of the Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Ave Seattle, Washington 98104 (206) 296-9540 FINAL June 25, 2009 In 2006, the King County Council reached some alarming conclusions regarding the number of mentally ill and chemically dependant individuals being housed in King County correctional facilities. In finding that the King County Jail served as the "second largest mental health facility" in the state, with over two- thirds of that same population in the throws of substance abuse, the county council formally requested the King County Executive, council staff, the Prosecutor, the Sheriff, Superior Court, District Court and the Public Defender to work together to address this growing problem by utilizing the county's new taxing authority granted to it by the Washington State Legislature under Revised Code of Washington (RCW) 82.14.055. 1. The Juvenile and Adult Justice Operational Master Plans require the use of alternatives to incarceration, including treatment alternatives and placement in treatment for people with mental illness and chemical dependency problems, following any incarceration. 3. The need for crisis intervention training to help law enforcement handle people disturbed by mental illness and chemical dependency safely and effectively; the need for a place, other than jail, where someone in crisis can be brought for immediate assessment and placement in appropriate ongoing care. Page 1 of 14 139 140 5. The average length of stay for felony inmates is 24 days, while the average length of stay for mentally ill inmates is 158 days. 6. The average cost of incarceration for unstably mentally ill persons in the jail psychiatric unit is about $300 per day as opposed to $95 per day for the average person in jail. An average cost per "episode" for a mentally ill person is $47,000. The council called upon the stakeholders within the criminal justice system to design programs to stabilize people suffering from mental illness and chemical dependency, so that they would be diverted from jails and emergency rooms by getting them proper treatment. The council called for specific action including the following: "...planning changes in criminal justice case processing to more effectively deal with people with disabling mental illness and chemical dependency when appropriate service and housing options are available in the community. The areas to be considered in this planning process are pre arrest diversion, pre- booking diversion, the use of deferred prosecutions, altemative sentencing methods, including therapeutic courts..." II. Goals and Action Plan: Developing the Concept for a CDF In October 2007, the council adopted the Mental Illness and Drug Dependency (MIDD) Action Plan. The council set the following as the goals of the effort to fund mental illness and chemical dependency programs: 1. A reduction in the number of mentally ill and chemically dependent people using costly interventions like jail, emergency rooms, and hospitals. 2. A reduction in the number of people who recycle through the jail, returning repeatedly as a result of their mental illness or chemical dependency. 3. A reduction of the incidence and severity of chemical dependency and mental and emotional disorders in youth and adults. 4. Diversion of mentally ill and chemically dependent youth and adults from initial or further justice system involvement. 5. Explicit linkage with, and furthering the work of, other council directed efforts including, the Adult and Juvenile Justice Operational Master Plans, the Plan to End Homelessness, the Veterans and Human Services Levy Service Improvement Plan and the King County Mental Health Recovery Plan. In order to achieve the goals of the MIDD Action Plan the MIDD Oversight Committee was convened in order to map out strategies. The committee eventually developed and approved 37 strategies to accomplish the goals of the action plan. One of the most innovative and promising strategies outlined by the Oversight Committee was the establishment of a CDF, a facility designed to take in mentally ill and drug dependant persons who were either headed to jail for petty misdemeanor criminal offenses or who found themselves in hospital emergency rooms. The facility would provide immediate services to people in crisis in order to steer them away from the jail cell or repeat trips to emergency rooms, and eventually engage them in longer term services that would stabilize their lives. Page 2of14 With these goals in mind, the CDF sub committee began meeting in the spring of 2008 to brainstorm the manner in which the facility could provide these immediate services to the population in need. III. Leea1 Basis and Proposed Process for Diverting Individuals to a CDF in Lieu of Jail A. Makine Decisions in the Law Enforcement Field about Crisis Diversion One of the first questions posed in developing the concept of a CDF is how would individuals suffering from mental illness and chemical dependency be diverted from our jails to a CDF? As police, medical personnel and treatment providers in the field can attest, there are dozens of ways in which a person suffering from mental illness and /or chemical dependency ends up in jail on a petty criminal offense. Along the way, decisions are made by first responders, law enforcement and, ultimately the individual themselves as to where and how the person ends up in jail or the emergency room first, if medical treatment is needed prior to a jail booking. However, it is important to note that in order to divert an individual from jail, the primary decision maker will be the police officer on the street. He or she will have to make a series of decisions about the individual they have come into contact with to determine whether or not the person is appropriate to go to jail, the hospital, or a crisis diversion facility. Has this person committed a crime? Does this person appear to have a mental illness or chemical dependency issue? Does the offense the person is alleged to have committed require mandatory arrest and booking into jail? Is the offense the person is alleged to have committed, an eligible offense for diversion to the CDF? Does the person have prior criminal history that is violent or otherwise would disqualify the person from being diverted to the CDF? Does the person have any medical conditions at the time of arrest that requires immediate medical treatment or referral to a hospital? Does the person display any interest in being offered services at a CDF rather than being taken to and booked into jail, or do the person's words and actions indicate they will be combative and non- cooperative with the offering of services? A patrol officer in the field will face each and every one of these questions when confronted with a person who has committed a petty criminal offense but may be suffering from mental illness and/or chemical dependency. Assuming that each of the questions provides an answer favorable to taking the person to the CDF, rather than jail, we turn to a new set of questions about what if any legal authority exists to "hold" the person at the facility in lieu of being booked into jail. B. Current Pathway to Jail and Criminal Charges on Minor Criminal Offenses When a police officer is called to the scene of a reported crime, he or she will conduct an initial investigation to determine whether there is any immediate danger, what if any crime occurred, who committed that crime if one was found to have occurred, and locate that particular suspect of the crime committed. In a hypothetical example, a police officer responds to a convenience store at the corner of Third and James in downtown Seattle. The store clerk reports that the man down the street in a red jacket came in and took several items without paying. He tried to leave, but the clerk confronted him. The man smashed a store window with a bottle of pop he was trying to steal and then fled. The clerk positively identified the man down the street as the man who did it. Page 3of14 141 142 The officer contacts the man down the street, who denies everything. However, when he is patted down, several items that appear to have come from the store are found in his pocket. The clerk examines the items and confirms they are from his store. The officer now has probable cause to arrest the suspect. The officer has several options here. He can arrest and release the suspect, arrest and detain the suspect back at the precinct for follow up questioning if the suspect is willing to talk, or the officer can book the suspect into county jail. If the officer decides to book the individual into county jail, the officer must complete a superform" (Attachment A). The superform requires the officer to provide identifying information about the suspect, as well as a signed statement 'under penalty of perjury' laying out the facts that establish probable cause to hold the suspect in jail pending a court hearing. The officer will complete the superform, drive the person to jail, and drop both the person and superform off at the booking desk with jail staff. Jail staff will then process the person into jail and set the person on the next available "first appearance" calendar before a judge. At this point the process differs between the City of Seattle (and several other cities). 1. The Office of the Prosecuting Attorney (PAO) Process For PAO cases, the hearing will typically occur within about 24 hours, depending on when the person is booked into jail. Court rules and constitutional case law require the hearing to occur at a maximum within 48 hours or the detention becomes suspect and subject to further litigation. At the first appearance hearing a judge, prosecutor and "temporary" defense attorney will be present. The judge will review the booking officer's signed "probable cause" statement to determine if there is probable cause to hold the person for up to 72 hours so that the Prosecutor's Office can decide whether they want to "rush" file a charge within that 72 hour window, or agree to the release the person pending further investigation by the police and prosecutors. The defense attorney can argue that the facts alleged in the "probable cause" statement by the officer do not constitute "probable cause" and therefore the person should be let go immediately. The attorney can also argue that bail should be imposed or no bail should be imposed based on the seriousness of the allegations, the person's past criminal history for violence and/or his record of appearing in court in the past when so ordered. Once "probable cause" is found and bail is set, then the 72 hour period becomes the controlling time period. If the prosecutor's office files a charge then arraignment is set about ten days out and the person remains either in jail or out on bail depending if he or she is. able to post the bail imposed. If in that 72 hour window the prosecutor does not file a charge, the person is unconditionally released from jail at that time but told that charges could be filed at a later date. Based upon these potential outcomes, a person may be held in jail from 24 hours up to 72 hours. If a charge is filed a person may remain in custody for weeks, even months, awaiting trial. 2. The Seattle City Attorney's (SCA) Process For SCA cases, a prosecutor makes a decision to file or not to file charges. This occurs the morning after the defendant is booked, excluding Sundays. The hearing is similar to the PAO's first appearance, except that the judge reads the police report. If the SCA files, the defendant is arraigned and the case proceeds from there. If the SCA declines to file, the defendant is released from jail on that case. The SCA may choose to file at a later time, on an out of custody basis. Page 4 of 14 C. Legal Basis to Hold Persons at the Time of Arrest When a person is arrested and booked into jail, the federal and state constitutions prohibit the government from simply holding the person in custody for an extended period of time without a judicial officer reviewing the basis upon which the person was put in jail in the first place. The initial basis upon which a person can be held is made when a court finds "probable cause" that the crime alleged was committed. The court will base its finding on the review of a statement of "probable cause" made by the arresting officer, which is a statement signed under penalty of perjury by the officer, summarizing the evidence gathered at that point that suggests the person in question committed a specific crime. Assuming the initial detention is approved by a court, the state and federal constitutions then set a time limit upon which a person can be held prior to being charged with the criminal offense. The government is required to either: 1) officially charge the person and set an appropriate bail amount to allow conditional release, or 2) release the person pending further investigation for potential charges in the future. In Washington State, Criminal Rule (CrR) 3.2.1 limits the amount of time a person can initially be booked and held in jail prior to a judicial officer reviewing the "probable cause" basis upon which the police officer booked the person into jail. CrR 3.2.1 states: "Probable Cause Determination A person who is arrested shall have judicial determination of probable cause no later than 48 hours following the person's arrest, unless probable cause has been determined prior to such arrest." The 48 hour rule codified in CrR 3.2.1 finds its origins in the United States Supreme Court Case of Riverside v. McLaughlin. 500 U.S. 44 (1991) which held that a jurisdiction is immune from systemic constitutional challenge if a person has an initial probable cause hearing within a 48 hour window from the time of their arrest. The Riverside holding clarified the holding in Gerstein v. Pugh. 429 U.S. 103 (1975), which found that the Fourth Amendment to the U.S. Constitution required a "prompt" judicial determination of probable cause in order to justify extended pre trial detention following a warrantless arrest. Based upon the 48 hour requirement for a court hearing, police officers would have the ability to divert a person from jail booking to the CDF for up to a 48 hour period, without running into constitutional prohibitions against holding a person on a criminal charge for too long a period of time. The officer could complete his/her normal paperwork in the form of superform (Attachment A) which includes identifying information of the person and a short statement under penalty of perjury that supports the initial arrest. This document could then be diverted with the person to the CDF. At the same time, the officer could review with the person an Agreement to Divert (Attachment B), have the person agree to divert to the facility, and then take the person to the facility for evaluation and services rather than to jail. Assuming the person agrees to being diverted, the officer can then deliver the person to the CDF, with the agreement to divert and superform, which documents both the officer's basis to hold and then divert the individual. The officer can leave the superform, agreement and person for an evaluation by diversion facility staff of potential mental illnesses and/or chemical dependency issues. If the person meets the screening criteria, facility staff will have up to 48 hours to get the person engaged in services offered. At some point during this 48 hour window the engagement transitions from a 48 hour involuntary hold based upon a criminal allegation and arrest into a voluntary acceptance of mental health and/or chemical dependency services. Page 5 of 14 143 144 If the person chooses not to engage in services, and/or becomes combative, uncooperative or threatening, then CDF staff will temporarily detain the individual and re- contact law enforcement in order to take the person back to jail on the criminal allegation. No two cases will be the same. Consistent communication and back and forth will need to occur between law enforcement and the CDF staff, as both will need each other's expertise depending on the situation. The hope is that by diverting a number of mentally ill or drug dependant individuals from the county jail, we will decrease their deterioration in our jails as well as decrease the number of return visits that individuals committing petty criminal offenses with mental illness and chemical dependency are known to make through our jail system. Once a person is at the CDF, the use of the maximum 48 hour rule for judicial review may give way to other legal basis to hold the individual at the CDF. Under RCW 10.31.110 a police officer can refer a person suspected of committing a non felony crime to a crisis stabilization unit (CSU) for examination by a MHP, who may then determine that civil involuntary hold proceedings under RCW 71.05.180 may be more appropriate for the individual than the gradual voluntary engagement of services that the CDF will steer them toward. In planning the CDF, a MHP will be on staff at the facility to make this assessment within the three hour window required by 10.31.110 and then potentially refer the person to a (CDMHP) for civil commitment proceedings. RCW 10.31.110 allows for a 12 hour window once the person is brought to the CDF for this to happen. If the MHP finds that commitment proceedings under RCW 71.05 are appropriate, the case will move out of the criminal diversion context and into the civil commitment context, which allows for involuntary holds and treatment under different authority. Some may ask, "How would a typical case look in such a system The following is a hypothetical case: D. Case Hvoothetical 1 RCW 10.31.110. Arrest Individuals with mental disorders (1) When a police officer has reasonable cause to believe that the individual has committed acts constituting a non felony crime that is not a serious offense as identified in RCW 10.77.092 and the individual is known by history or consultation with the regional support network to suffer from a mental disorder, the arresting officer may: (a) Take the individual to a crisis stabilization unit as defined in RCW 71.05.020(6). Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours: PROVIDED, that they are examined by a mental health professional within three hours of their arrival; (b) Refer the individual to a mental health professional for evaluation for initial detention and proceeding under chapter 71.05; or (c) Release the individual upon agreement to voluntary participation in outpatient treatment. (2) In deciding whether to refer the individual to treatment under this section, the police officer shall be guided by standards mutually agreed upon with the prosecuting authority, which address, at a minimum, the length, seriousness, and recency of the known criminal history of the individual, the mental health history of the individual, where available, and the circumstances surrounding the commission of the alleged offense. (3) Any agreement to participate in treatment shall not require individuals to stipulate to any of the alleged facts regarding the criminal activity as a prerequisite to participation in a mental health treatment alternative. The agreement is inadmissible in any criminal or civil proceeding. The agreement does not create immunity from prosecution for the alleged criminal activity. (4) If an individual violates such agreement and the mental health treatment alternative is no longer appropriate: (a) The mental health provider shall inform the referring law enforcement agency of the violation; and (b) The original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed accordingly. (5) The police officer is immune from liability for any good faith conduct under this section. Page 6 of 14 On Friday, July 31, 2008, at around 8 :OOpm, Seattle police officer Scott Enright is called to the corner of Third Avenue and James Street in response to a disturbance at the corner convenience store. Officer Enright is a trained member of the Seattle Police Crisis Intervention Unit. He has particular training in spotting signs of mental illness and/or chemical dependency in those he comes into contact with on the street. Officer Enright arrives on the scene to discover a man later identified as James Smith outside of the convenience store. The man is calmly sitting on the curb and appears to be talking to himself. The store clerk is extremely upset and is yelling at the man sitting on the curb. The clerk reports to Officer Enright that the man entered the store, yelled at the clerk and then tried to take a bag of potato chips without paying for them. When the clerk confronted him, the man became upset, and knocked over a display stand of snacks in the store, causing some minor damage. The man then walked out to the sidewalk with the clerk following. The man sat down and remained on the curb until Officer Enright arrived. The clerk immediately reported the theft and property destruction to Officer Enright. When Officer Enright tries to speak with James Smith, he is able to positively identify Smith but cannot get any other information out of him. However, Officer Enright observes signs of both heroin use and indications supportive of some form of paranoia or other mental condition. Officer Enright obtains a statement from the convenience store clerk in whom the clerk clearly identifies Mr. Smith as putting a candy bar in his pocket without paying for it, and then knocking over and breaking a display stand for products, when the clerk confronted him at the front door about the candy bar. The candy bar is found in Mr. Smith's pocket, when he is searched, and the damage to the display stand is minimal. Based upon the clerk's statement, Officer Enright has "probable cause" for the crimes of theft in the third degree $50 and malicious mischief $50, both of which are simple misdemeanors. Officer Enright has discretion whether to arrest Mr. Smith at all. He could simply arrest and release Mr. Smith at the scene with the hope that if Mr. Smith is charged by the city prosecutor, he will receive notice of his court date and appear, rather than fail to appear and have a warrant issued for his arrest. Officer Enright could also transport Mr. Smith back to the police precinct and release him there. Finally Officer Enright could arrest and book Mr. Smith into the county jail, where he would remain for up to 48 hours before an initial hearing is held to determine his custody status. Officer Enright has to balance the relative lack of seriousness of the crime alleged against the fact that if he releases the suspect, Mr. Smith, he could be back in that convenience store in an hour causing a similar or more violent problem. In the meantime, Officer Enright's observations of Mr. Smith have continued to provide him with small indications that Mr. Smith may have some mental health issues. If Officer Enright's concerns about Mr. Smith reappearing at the store are high enough, jail is the most likely result. With the CDF, Officer Enright now has a choice. He can complete his normal superform paperwork for jail booking, but also go over the option of a divert agreement with Mr. Smith or simply take Mr. Smith to the CDF to see if Mr. Smith will engage in an evaluation and services. Officer Enright knows that if he does, perhaps he can stabilize enough to avoid a stay in jail. Officer Enright also knows that if Mr. Smith does not cooperate and engage in the services offered, he or a fellow officer could receive a call to have Mr. Smith taken out of the CDF and booked into jail on the theft and malicious mischief charges. Attachment C is a detailed decision tree that tracks the flow of potential cases and individuals in such situations to the Crisis Diversion Facility. The left side of the decision tree concentrates on potential criminal arrests and charges being diverted to the CDF. N. Eligibility Criteria for the MIDD Crisis Diversion Facility Based Upon Criminal Acts Page 7 of 14 145 146 Before proceeding, it is important to understand what the term "diversion" means in the criminal justice system context. In the context of KCMHC and the CDF, a diversion means that a person will be asked to fulfill a contract with certain conditions in the contract, including things like attending treatment or counseling sessions, possibly taking medications, or signing up for job training or educational opportunities. In exchange for the person fulfilling these terms, the State (in this case the King County Prosecutor's office) will agree not to file a criminal charge of theft or property damage or whatever the charge may be. If the person follows through on the conditions for a certain period of time, the criminal charge will never be filed, and the person will avoid the stigma and consequences of a criminal conviction. If the person fails to carry out the conditions agreed upon, then the State can file the criminal charge and pursue punishment upon conviction for that particular criminal act. A. Kine County District Mental Health Court The PAO currently allows dispositional continuances, in other words a diversion, of certain criminal charges in King County Mental Health Court. (KCMHC) To qualify for a diversion in KCMHC persons must also have limited to moderate criminal histories and no history of violent criminal convictions on their record in order to be eligible. Convictions for assault would automatically disqualify a person from eligibility for diversion to a CDF. Some other felony crimes like Robbery 2 would also disqualify an offender from diversion unless a sufficient period of time has passed since the commission of that crime so as to allow it to "wash out" for purposes of entry into KCMHC. The following is a list of current offenses that are allowed into KCMHC: Criminal trespass II Theft 3 $50 Malicious mischief $50 Unlawful bus conduct Failure to appear /respond (court summons) Disorderly conduct Obstructing Resisting arrest Use of drug paraphernalia Possession of marijuana Alcohol in a park NVOL (No Valid Operator's License) DWLS (Driving with License Suspended) 3 Furnishing liquor to minor Minor in possession of alcohol Minor frequenting tavern or lounge Unlawful issuance of bank checks Prostitution Patronizing a prostitute Loitering for purposes of prostitution Possess fraudulent driver's license Failure to obey Theft of rental property. In addition to the listed misdemeanor crimes the King County Prosecuting Attorney's Office (KCPAO) may be willing to take felony level simple drug possession cases that are currently being sent to District Court and filed as "expedited misdemeanors" and allow police officers to divert those expedited cases to the CDF as well. Those charges would primarily consist of the following: Violation of the Uniform Controlled Substance Act (VUCSA): simple possession of cocaine 3 grams Page 8 of 14 VUCSA: simple possession of heroin 3 grams VUCSA: simple possession of methamphetamine <3 grams VUCSA: possession of legend drugs (prescription drugs without proper prescription). B. Seattle Municipal Mental Health Court Seattle Municipal Mental Health Court offers dispositional continuances, or diversion. In determining which cases are eligible for a dispositional continuance, the SCA considers the facts of the crime charged, the defendant's criminal history, the impact of a conviction on the defendant's housing, and any other factors that may impact public safety. There is no specific list of charges that are eligible, but in practice most dispositional continuances in Seattle Municipal Mental Health Court occur in cases where the offense charged are of the type listed in subsection A above. C. Eligibility Criteria for the Crisis Diversion Facility In order to have a CDF that serves the mentally ill the, National GAINS center eligibility criteria appears to be well targeted and should be followed. The person should have a likely mental illness and /or substance abuse affecting behavior and committed or is about to commit a criminal offense that has been deemed divertible under the above criteria. The person then must be screened for disqualifying violence criminal history and or a history of civil commitment proceedings. The officer can check the criminal history in the field and the mental heath professional can access The Extended Client Lookup System (ECLS) to determine history and past diagnoses once the person is diverted to the CDF for follow up care. Assuming hospital emergency rooms are allowed to refer patients into this facility, there will need to be some assurance that police referrals receive first priority when there are capacity issues at the CDF. The PAO does currently prohibit individuals in MHC from seeking a diversion if they have an arrest for a violent incident in the last seven years. The reasoning is that we do not want actively psychotic individuals with a history of violence to be placed in a non secure group setting. Mentally ill individuals who do not qualify for MHC due to the current charge or due to a history of violence will still have the opportunity to connect with mental health treatment with the hope of reducing recidivism. The jail liaisons refer in- custody defendants to the 12 month co- occurring treatment program, Project IMPACT and Project START, which comes with housing, case management services, mental health and chemical dependency treatment including medication. They also have access to the housing voucher program. If the same parameters were established for eligibility in the CDF, persons who were excluded from the facility could still access services through MHC which takes referrals for misdemeanor and felony cases and comes with its own resources. What Offenses are not allowed to be diverted to the Crisis Diversion Facility? violent current offense violent criminal history domestic violence offense (current state statute requires mandatory arrest and booking into jail) Again, the most important factor that will determine who receives the resources that the CDF provides will be the discretion of the police officer. We will need to rely on the officer's judgment and experience when it comes to recognizing signs of mental illness and chemical dependency. The officer will also need to recognize who may be ready to receive some help in dealing with the challenges that mental illness and chemical dependency present. Page 9 of 14 147 148 V. Conclusion Police officers who arrest offenders for minor criminal acts have limited choices when the offender may suffer from a mental illness and /or chemical dependency. This lack of choice can create a revolving door of low level offenders who simply sit in jail and possibly deteriorate. The CDF is designed to give police officers in the field who recognize mental illness and recurring chemical dependency a choice that can help break the cycle of going in and out of jail. Each and every case will not fit the model described above. However, if the population of low level offenders who have mental health and chemical dependency issues in the jail can be lowered with the option of a CDF, then the entire community benefits from having more productive community members and saves money by avoiding the repetitive cost of housing certain individuals in jail because there is nowhere else for them to go. 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A K GtINVICTION HECORD: A 0 SUB;IECT AHMEDA7A17GEROUS 0 SUSPECT t)ENURY IN OLIEST1ON 0 WANRANTTgI FOR FTA 0 HISTORY OF Flit. 0ss37 PREUSA4NARY APPEARANCE DATE IA)DOE OAR AMOUNT I A RETURN DATE I COMMONS yin J RE'EUfWE17 f l yin 1perforation/do not duplicate below this Gael Page 12 of 14 Police Incident ATTACHMENT B NOTICE TO DIVERT TO CRISIS DIVERSION FACILITY FOR EVALUATION AND SERVICES I, Officer of the Department am providing notice to a suspect under Department Incident that I am diverting the suspect from being booked into King County Jail to the King County Crisis Diversion Facility. I am diverting the suspect to the Crisis Diversion Facility because I have reason to believe that the person suffers from some form of mental illness and /or chemical dependency. I have explained to the individual that I could book them into jail and that they could be held for up to 48 hours before they appear before the County and have a determination of probable cause made on the matter. I have explained to the person that I am choosing to divert them to the Crisis Diversion Facility for up to 48 hours based upon my concern that they suffer from some form of mental illness and /or chemical dependency. I have further informed the suspect that they will be evaluated for a mental illness and /or chemical dependency and receive services at the Crisis Diversion Facility. I have explained to the person that they can remain at the Crisis Diversion Facility for up to 48 hours and that if he /she chooses not to engage in the services offered at the Facility, they can be taken by police to jail on the charge for which he /she was arrested. Finally, I explained that if the person participates in the recommended services successfully, no criminal charges will be filed out of the Police Incident Number listed above. Officer Signature Date CDF Staff Date Page 13 of 14 151 Attachment C Pathways to the Crisis Diversion Facility Chart REQUEST FOR PROPOSAL Addendum 1 King County DATE ISSUED: March 30, 2010 RFP Title: MIDD Crisis Diversion Services REBID King County Department of Community Human Services Requesting Dept./ Div.: MHCADSD RFP Number: 1056- 10 -RLD Due Date: May 6, 2010 no later than 2:00 P.M. Buyer: Roy L. Dodman, rov.dodman(a�kincjcountv.00v, 206 263 -9293 This addendum is issued to revise the original Request for Proposal, dated March 11, 2010 as follows: 1. The proposal opening date remains the same: Thursday, May 6, 2010, no later than 2:00 p.m. exactly. 2. The sign -in sheet from the March 18, 2010 pre proposal conference is available by contacting the buyer noted above. This document may be e- mailed to you as a pdf attachment. 3. In Section II, Part 2 Intent, Item B, Physical Plant, delete 3. Within proximity of the Crisis Diversion Interim Services (CDIS) to allow for easy transfer of individuals between locations of the CDIS and CDF (which was awarded under RFP 1207- 09RLD). And replace with 3. Have policies and procedure) /agreements for easy transfer of individuals from the CDF to the CDIS 4. In Section II, Part 3 Description of Work, Item B. Mobile Crisis Team, delete the last sentence in the second paragraph They will also assist with discharge planning and transportation from the CDF to the community. And replace with They may also assist with discharge planning and transportation from the CDF to the community. (continued on page 2) TO BE ELIGIBLE FOR AWARD OF A CONTRACT, THIS ADDENDUM MUST BE SIGNED AND SUBMITTED TO KING COUNTY Sealed proposals will only be received by: King County Procurement Services Section, The Chinook Building, 3r Floor, 401 Fifth Avenue, Seattle, WA 98104 -2333. Office hours: 8:00 a.m. 5:00 p.m., Monday Friday Company Name Address 1 City State Postal Code Signature Authorized Representative/Title (Please Print) Email Phone Fax This Request for Proposal Addendum wi I be provided in alternative formats such as Braille, large print, audiocassette or computer disk for individuals with disabilities upon request. Attachment EE Department of Executive Services Finance and Business Operations Division Procurement and Contract Services Section 206- 263 -9400 TTY Relay: 711 153 154 Addendum Number 1 King County RFP 1056- 10 -RLD Page 2 of 3 5. In Section II, Part 3 Description of Work, Item B. Mobile Crisis Team, third paragraph, delete the first sentence The primary role of the mobile crisis team is to provide crisis outreach in the community by responding to requests for crisis outreach. And replace with The primary role of the mobile crisis team is to "respond to police and other first responders to" provide crisis outreach in the community.... The following information is provided in response to questions received: Q1: What is the status of the City of Tukwila's moratorium on Crisis Diversion Services? R1: The County does not have sufficient information to answer this question. However, the County recommends that any potential bidder proposing to site a facility in a King County community review their proposal with, and direct any questions they have to the jurisdiction's Planning Department. Q2: Define proximity of Crisis Diversion Facility to the Crisis Diversion Interim Services. R2: This addressed via Item 3 found on page 1 of this Addendum. Q3: Define what is meant by restraint free facility. R3: Please refer to page 10 of 34 of the RFP, "Restraint free facility: The County will give preference to proposals that use a recovery oriented model of care system that is consistent with the principles of trauma informed care, with policies and procedures that maintain the safety of service recipients an staff as well as the dignity and self determination of individuals who are in crisis. The following publication is provided as a reference: Roadmap to Seclusion and Restraint Free Mental Health Services. DHHS Pub. No. (SMA) 05 -4055. Rockville, MD, Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, 2005." Q4: What level of clinician is needed for psychiatric evaluations? R4: Two levels of psychiatric evaluations are needed at the CDF.• 1. An evaluation the provides behavioral health diagnostic impressions, and risk assessments which can be done by the following clinicians: A psychiatrist; A psychologist; An advanced registered nurse practitioner certified in psychiatric nursing; or A person identified as a mental health professional within the regional support network (RSN) mental health treatment system provided the person's training and qualifications at a minimum include having a Master's degree and two years of mental health treatment experience. 2. A psychiatric evaluation for the purposes of determining the need for psychiatric medications and providing medication management which can be done by the following clinicians: A psychiatrist or a an advanced registered nurse practitioner certified in psychiatric nursing. Q5: Clarify what is meant by locking doors and security measures. R6: Must meet the requirements of licensing. Bidders should provide evidence /plan to ensure that people do not leave the facility without staff awareness and some ability to intervene (time release locks are preferred). Q7: Provide information on intention of preferred staffing model and why medical component. R7: The intention of the preferred staffing model is to provide bidders with information on what the county is seeking; the county intends to have a facility with a medical assessment capability. In addition, capacity to provide nursing services, ARNP and psychiatric services onsite is required. Q8: Clarify how the hospital diversion criteria are to be used. Addendum Number 1 King County RFP 1056- 10 -RLD Page 3of3 R8: The hospital diversion criteria are designed to be used by medical first responders and hospitals in order to determine which individuals are best suited for crisis responses with the CDF. First responders are defined as EMT and fire. Q9: How will we know if the staffing plan is acceptable? Are there other acceptable staffing options? R9: we will entertain other staffing plans, however, p. 10 11, the preferred staffing model is provided. The preferred staffing model will provide the basis for scoring. Q10: What are the requirements of the Mobile Crisis Team and how does that differ from Designated Mental Health Professionals? Define and clarify the requirements of mobile crisis teams. R10: Mobile Crisis Teams do not do involuntary commitment and are limited to only responding to calls from law enforcement within the community. Q11: Are you open to merging mobile crisis teams with Emergency Services Patrol. R11: No. Q12: Will agreements be in place and priority given to CDF individuals in need of detox services? R12: Yes. Q13: Is the cost of a vehicle included in the funding for the CDF and Mobile Crisis Team? R13: Yes, p. 13. Q14: Will the county negotiate with a successful bidder is the remodeling /start -up costs for the CDF exceed $500,000? R14: We have identified a start-up and remodeling budget, the costs for remodeling may be negotiated. if the proposed remodeling budget exceeds $500, 000, please provide a justification and detailed budget. Q15: Is it okay to build a budget without including the assumptions of potential Medicaid billing? R15: Yes, base the proposed budget on the county funding identified in the RFP. Q16: What should be included in the timeline? R16: Provide evidence and strategies that will be used in order to ensure full staffing capacity within 6 months of contract date. Q17: What are the requirements for the CDF Director? R17: Someone with the experience who can ensure the success of a 24/7 facility that has staff from multiple disciplines. 018: What do you mean by Partnership? R18: Partnership can take a variety of forms from simple memorandums of understanding to more complex consortium agreements including sub contracts Q 19:Is there a requirement for an agency to enter into a partnership agreement with a union in order to be eligible to receive funding? R 19: King County Ordinance 15949, section, says that no MiDD funds shall be provided to any contractor providing, annually, more than three million dollars in mental health treatment services through the King County regional support network (RSN) unless that contractor has executed a binding partnership agreement covering employees performing community mental health services funded by public moneys with a bona fide Labor organization. An applicant does not have to execute a binding partnership agreement with a bona fide union in order to receive funds unless it receives more than three million in mental health treatment services through the King County RSN. 155 156 REQUEST FOR PROPOSAL Addendum 2 DATE ISSUED: April 16, 2010 RFP Title: MIDD Crisis Diversion Services REBID King County Department of Community Human Services Requesting Dept./ Div.: MHCADSD RFP Number: 1056- 10 -RLD Remised Due Date: June 8, 2010 no later than 2:00 P.M. Buyer: Roy L. Dodman, rov.dodman(a�kinacounty.gov, 206 263 -9293 This addendum is issued to revise the original Request for Proposal, dated March 11, 2010 as follows: 1. The proposal opening date has been changed from Thursday, May 6, 2010 to Thursday, June 8, 2010, no later than 2:00 p.m. exactly. 2. The sign -in sheet from the March 18, 2010 pre proposal conference is available by contacting the buyer noted above. This document may be e- mailed to you as a pdf attachment. 3. A second, non mandatory, pre proposal conference to discuss questions related to Addendum 1 and Addendum 2 shall be held at 1 :30 p.m. on Thursday, April 29, 2010. 4. Delete Appendix A of the RFP, and replace with revised Appendix A, MIDD 10b Statement of Assurance, included as the final page of this Addendum. 5. In Section II, Part 7 Specific Proposal Requirements, Item F Program Narrative, sub -item 3, delete b. and c. (continued on page 2) TO BE ELIGIBLE FOR AWARD OF A CONTRACT, THIS ADDENDUM MUST BE SIGNED AND SUBMITTED TO KING COUNTY Sealed proposals will only be received by: King County Procurement Services Section, The Chinook Building, 3r Floor, 401 Fifth Avenue, Seattle, WA 98104 -2333. Office hours: 8:00 a.m. 5:00 p.m., Monday Friday Company Name Address Signature I Authorized Representative/Title (Please Print) Email Phone King County Department of Executive Services Finance and Business Operations Division Procurement and Contract Services Section 206 263 -9400 TTY Relay: 711 1 City State Postal Code i Fax This Request for Proposal Addendum will be provided in alternative formats such as Braille, large print, audiocassette or computer disk for individuals with disabilities upon request. Attachment FF 157 158 Addendum Number 2 King County RFP 1056- 10 -RLD Page 2 of 2 6. In Section II, Part 7 Specific Proposal Requirements, Item F Program Narrative, sub -item 3 should now read: 3. The County welcomes any location that meets the general requirements. Identify and describe the proposed location for the CDF. Include how proposed site meets the centralized location with easy access and at least 2 routes to the facility by freeway and/or major arterials and is accessible to at least one Metro bus route. a. Include evidence that the proposed site is secured or a letter of commitment from site owner verifying readiness to site CDF at proposed .location. Evidence is defined as a signed lease, letter of intent to lease contingent upon award. (Copy of letter of commitment or other evidence can be included as Appendix C and does not count toward the section page limit.) b. Copies of letters of commitment or other evidence (required in 3 a -c) can be included as Appendix C and does not count toward the section page limit. The following informational item is included in this addendum: A copy of a letter, dated April 1, 2010, from the Seattle City Council, address to King County Sheriff Sue Rahr and Shirley Havenga, Co- chairs of the MIDD Oversight Committee is attached to this Addendum. The following information is provided in response to questions received: Q1: From the MIDD Oversight Committee (OC) co- chairs, requesting bidders be notified of new developments in the implementation of the MIDD Strategy 10b, Crisis Diversion Services R9: The City of Seattle Mayor and Council sent a letter to the MIDD OC co- chairs on April 1, 2010, informing the MIDD OC that the City of Seattle strongly supports the establishment of the King County Crisis Diversion Facility. In addition, the letter states that Seattle Fleets and Facility staff are reviewing site options and looking for promising sites owned by the City. A copy of the letter of support is included as an attachment to this addendum. Any discussions with the City by potential bidders will be independent from MHCADSD, Procurement and this bid process. Q2: Can King County provide utilization data for its existing crisis services (e.g., unduplicated number of individuals served, services received) R2: The Crisis Diversion Facility and Mobile Crisis team is a new service for King County, there is not existing utilization data available. Q3: Does King County have any utilization targets it would like to achieve with either the crisis diversion facility or the mobile crisis service? R3: Projected utilization targets are included in the MIDD Implementation and Evaluation Plan htto:// www .kinacountv.aov /healthservices /MHSA /MIDDPIan /MI DDThreePlans.asox). Actual targets will be determined following award in consultation with the MIDD Evaluation Team and MIDD Oversight Committee. Q4: Is the $6,000,000 funding gross or net of Medicaid? R4: $6,000,000 is the approximate funding available for MIDD Strategy 90b, Crisis Diversion Services, one component, Crisis Diversion Interim Services, was awarded under a previous solicitation. Addendum Number 2 King County RFP 1056- 10 -RLD Page 3 of 3 Q5: What is the expected Medicaid eligibility of the clients? R5: Not sure why this question was asked in relationship to this particular RFP. See answer to Question 4 above. Q6: Does the annual funding of $6,000,000 exclude start up costs as outlined on p. 13 of the RFP? R6: The $6,000,000 figure is the approximate amount available for the MIDD 10b Crisis Diversion Services strategy. Start -up costs are a one -time expense and not included in the base funds available for the Crisis Diversion Facility and Mobile Crisis Team. Q7: The annual budgets presented on p. 13 CDF Services ($4,034,791), CDF Rent ($283,046), Mobile Crisis Team ($807,200) totals $5,125,037. Is the remaining $874,963 funding (to make up the $6,000,000 annual funding) designated for specific services or expenditures? R7: The amount of funding available for each component (CDF and Mobile Crisis Team) is included on pages 12 13, these are the figures that should be used to determine the proposed budget. The $6,000,000 figure is the approximate amount available for the MIDD 10b Crisis Diversion Services strategy. Q8: If a contractor bids on both programs, can the individual program costs deviate from the budgets presented on p. 13 if the total costs remain at or below $6,000,000? R8: No, the proposed budgets should be consistent with the figures specified for the Crisis Diversion Facility and Mobile Crisis Team funding specified as being available. Q9: What is the duration of the MiDD sales tax? R9: The sales tax expires on January 1, 2017. Q10: Under the Funding Section (Part 5), there is description that the annual funding is for the implementation of CDF, CDIS and Mobile Crisis Team. is there a budget designated for the CDIS component? Can King County provide a description of the CDIS service component? RIO: Yes, there is a budget designated for the CDiS component. A description of the CDIS component can be found in the previous RFP httn:// procurement .kinacountv.aov /arocurement OVR/rfodocs /2009/Technical /1207- 09/1207- 09.adf Q11: I've just flown to Seattle to assist Recovery Innovations with their RFP response and hoped that you might review our perspective of the geographic boundaries (see attached). While we at first believed this to be correct, we now believe that the southern boundary is just south of Tukwila. R11: There was nothing attached to review. Not sure what this question is getting at. The CDF and Mobile Crisis Team services shall be made available county wide and not within specific geographic boundaries. If the question is in regards to citing of the CDF, see p. 8 physical plant. 159 160 Seatt e City Counci April 1, 2010 Sheriff Sue Rahr, Co -Chair Shirley Havenga, Co -Chair MIDD Oversight Committee 401 -5 Ave, Suite 400 Seattle, WA 98104 Dear Sheriff Rahr and Ms. Havenga: Addendum Number 2 King County RFP 1056- 10 -RLD Page 4 of 4 We are writing to let the MIDD Oversight Committee know that after many conversations among Council members and the Mayor, the City of Seattle strongly supports the establishment of the King County Crisis Diversion Facility. We urge the County to find a location which is convenient for all municipalities involved with this worthwhile program. Such a site should be close to highways for easy vehicle access and is accessible both to Harborview Medical Center and King County Jail facilities, At our request, Seattle Fleets and Facilities staff is reviewing sites previously considered and is looking for promising sites owned by the City. We appreciate the many innovative strategies the MIDD Oversight Committee has developed to reduce the number of people using costly interventions such as jail, emergency rooms and hospitals. The 16 -bed King County Crisis Diversion Facility is vitally needed to ensure more compassionate and effective care for offenders with mental illness and drug dependencies. By providing clients with both immediate services and connection to longer term services, we can help them stabilize and move beyond the cycle of repeated trips to medical or jail facilities. We support the King County Crisis Diversion Facility and wish to see it operating as soon as possible. We look forward to working with you and our neighboring communities to find a suitable location for the King County Crisis Diversion Facility. City Hall 600 Fourth Avenue, Floor 2, PO Box 34025, Seattle, Washington 98124 -4025 (206) 684 -8888 Fax: (206) 684 -8587 TTY: (206) 233 -0025 http /www.cityofseattle.gov /council An EEO employer. Accommodations for people with disabilities provided upon request. 1 161 162 Appendix A Printed name of Authorized Representative Addendum Number 2 King County RFP 1056- 10 -RLD Page 5of5 MIDD l Ob Statement of Assurance As the authorized representative of [insert name of applicant organization] I assure King County that we have reviewed the Scope of Work and by accepting this award, we agree to comply with all elements of the Scope of Work, in addition to the following: Comply with the MIDD Evaluation Plan and MIDD Data Dictionary, which includes reporting requirements, which will be individualized upon award; Work collaboratively with the municipality on permitting and zoning requirements, in addition to a developing a neighbor relations plan in order to foster good neighbor relationships; Participate in the development of policies and procedures for the CDF, CDIS and /or Crisis Mobile Team in partnership with King County; Participate in monthly meetings with the MIDD 10b strategy oversight group; and, Comply with the terms of the negotiated contract that arises from the award. I understand that compliance with these assurances throughout the period of the project is a term and condition of the award and failure to comply with them may result in sanctions including termination of the award. Signature of Authorized Representative Date REQUEST FOR PROPOSAL Addendum 3 Department of Executive Services Finance and Business Operations Division Procurement and Contract Services Section King County 206- 263 -9400 TTY Relay: 711 DATE ISSUED: May 7, 2010 RFP Title: MIDD Crisis Diversion Services REBID Requesting Dept./ Div.: King County Department of Community Human Services MHCADSD RFP Number: 1056- 10 -RLD Due Date: June 8, 2010 no later than 2:00 P.M. Buyer: Roy L. Dodman, rov.dodmanekinacountv.aov, 206 263 -9293 This addendum is issued to revise the original Request for Proposal, dated March 11, 2010 as follows: 1. The proposal opening date remains as changed in Addendum 2: Thursday, June 8, 2010, no later than 2:00 p.m. exactly. 2. The sign -in sheet from the April 29, 2010 pre proposal conference is available by contacting the buyer noted above. This document may be e- mailed to you as a pdf attachment. 3. In Section II, Part 8 Proposal Review Process, Item A, Proposal Evaluation Criteria, Table Item "Budget Section delete "(3 pages allowed...)" and replace with "(12 pages allowed...) so that it now reads: Budget Section* -12 pages allowed for each -form, justification, start -up annual budgets) 4. In Section II, Part 7 Specific Proposal Requirements, Item H. Budget Section, sub -item 2, delete "including timelines so that it now reads: 2. Provide a detailed budget narrative and justification. including timeline& (continued on page 2) TO BE ELIGIBLE FOR AWARD OF A CONTRACT, THIS ADDENDUM MUST BE SIGNED AND SUBMITTED TO KING COUNTY Sealed proposals will only be received by: King County Procurement Services Section, The Chinook Building, 3` Floor, 401 Fifth Avenue, Seattle, WA 98104 -2333. Office hours: 8:00 a.m. 5 :00 p.m., Monday Friday Company Name Address City State Postal Code Signature Authorized Representative/Title (Please Print) Email Phone Fax This Request for Proposal Addendum will be provided in alternative formats such as Braille, large print, audiocassette or computer disk for individuals with disabilities upon request. Attachment GG 163 164 Addendum Number 3 King County RFP 1056- 10 -RLD Page 2 of 6 5. In Section ll, Part 7 Specific Proposal Requirements, Item E. Overall Program Narrative, sub -item 3, add the following as new letter h.: h. Local municipality (also describe the communication that has occurred as part of the proposal response process). The following additional information is directly provided 1. On April 28, 2010, questions were received from the City of Tukwila in regards to the MIDD Crisis Diversion Services strategy. A copy of the questions and responses is included with this Addendum as Attachment A. 2. On April 16, 2010, King County Council Chair, Bob Ferguson sent a letter of support regarding the Crisis Diversion Services strategy to King County Executive Dow Constantine. A copy of this letter is imbedded in electronic copies of this addendum as Attachment B. It is also available from the Buyer listed on page 1 of this Addendum. The following information is provided in response to questions received: Q1: What is the budget for the Crisis Diversion Facility component? R1: The budget for the Crisis Diversion Facility component is $4,034,791 (which includes approximately $900,000 of estimated Medicaid revenue) for services. An additional $283,046 is available for rent associated with the Crisis Diversion Facility. The King County Crisis Diversion Facility budget was developed based on the Pierce County model and assumes Medicaid revenue. Q2: What is the timeline for an award decision? R2: June 30, 2010. Q3: Throughout the RFP, there is reference to "mental health clinicians," "licensed mental health professionals," etc. Each of these labels implies different credentials for staff. What are the credentials required for each of the FTE's provided by the grant? R3: For the purposes of this RFP, mental health clinician, licensed mental health professional, qualified mental health professional and MHP is defined as a an individual licensed in any of the mental health professions. Q4: Is it acceptable that space be shared between different components of the overall strategy, as in showers, common rooms, etc.? R4: Yes, that is acceptable. Please include an explanation in the proposal. Q5: The rent amount is above the service amount? R5: They are separate in the RFP. King County is more interested in the overall proposal and it is fine to shift expenses to different areas. Q6: Is there flexibility in the suggested square footage of a facility? R6: Yes, this is the size we estimate will be needed based on Pierce County's program. Q7: If an agency is applying for both the Crisis Diversion Facility and the Mobile Crisis Team, should it submit two separate proposals each of which includes Part 7 A E (including either F or G depending on whether it's the CDF or the MCT proposal) and H? Or, should it submit one combined proposal that includes Part 7 A -H? R7: One combined proposal Q8: Please clarify the limit on the number of pages for Section H the sample budget justification (page 22 in the RFP) has a very limited number of positions (many fewer than the Crisis Diversion Facility or the Mobile Crisis Team will require) and is 4 pages long. The RFP seems to state that each form, i.e., the budget form, the budget justification, the start-up budget, and the annual budgets, can only be three Addendum Number 3 King County RFP 1056- 10 -RLD Page 3of6 pages EACH. It will not be possible to complete the narrative for either the CDF or the MCT budget in three pages, given what is requested in the sample. R8: See Item 3 on page 1 of this Addendum. Q9: Also, the RFP asks for a timeline in two places in the budget section (7H) and in 7.E.9. Where should it go? R9: See Item 4 on page 1 of this Addendum. Q10: Which appendix should include the resumes? R10: Appendix C, Evidence and Letters of Support (no page limit) 165 166 Attachment A Addendum Number 3 King County RFP 1056- 10 -RLD Page 4of6 MIDD Strategy 10b Questions, Follow Up for City of Tukwila 4/28/10 1. Will the CDF be able to hold a police diversion against their will if they want to leave? Do the licenses outlined the RFP allow for these types of involuntary holds? There are three processes by which individuals admitted to the CDF may be held against their will if they want to leave. First are cases in which a police officer is involved and has determined that there is probable cause to arrest a person, but chooses to divert the person to the CDF. If the officer has completed a superform, this gives the CDF the legal notification that the person can be sent to jail if he fails to comply with the diversion requirements in a 48 -hour period from the time of admission. The policy that will be in place at the CDF is that whenever the superform is on file at the facility, the police department that completed this paperwork will be contacted if the person asks to leave. A superform will not always be completed for each individual if they have not committed a criminal offense. Second, if the person appears to be presenting an imminent likelihood of serious harm, they may be held for an involuntary commitment evaluation under RSW 71.05 by a designated mental health professional (DMHP). If the person is detained by the DMHP, he or she is then transferred to a certified evaluation and treatment facility for 72 hours. Third, if the person is a danger to self or others or gravely disabled as a result of drug or alcohol dependency, he or she may be held on an administrative drug /alcohol hold for possible commitment under RCW 70.96A. In these cases, the person could be held at the facility, or transferred to a certified alcohol and drug treatment facility, such as Detox. These 'holds' are independent of the licensing of the facility. 2. Follow up on question one, if a police diversion wants to leave the CDF against the wishes of staff, lan memo notes that police will come and get the person and take them to jail; however the RFP says "may Which Police agency will come back, the one that diverted the person or the host city? The police officer has some discretion regarding whether to arrest a person and take him or her to jail, and may tell the CDF that no charges will be filed and the person may be released. For example, police may not want to take someone to jail for shoplifting a sandwich from a convenience store. The police agency that would be contacted is the police agency that diverted the individual. If police do not want the person in custody, the CDF would transport the person back to where they came from, or to an appropriate alternative such as a relative or friend's house or a shelter. Individuals will not be released to the streets surrounding the facility. 3. When we went through many of the background documents it seems like law enforcement who were present at many of the planning meeting were noting that security would needed. Yet, the staffing model in the RFP does not call our security staff. Will security be provided at the CDF? There were early discussions about what level of security would be needed at the CDF. None of the crisis diversion facilities currently operating in the state of Washington have security other than the professional staff of the facility. The facility will not accept individuals who do not agree to go there, and there is a long list of exclusionary criteria involving the current offense and the history of offenses. The clarification of the exclusionary criteria that would be in place met the concerns of law enforcement and prosecutors about whether specialized security needed to be included at the CDF. 4. Can you provide details on the screening of people who will go to the CDF? Ian's memo noted that certain previous violent offenses would preclude admission to the CDF, regardless of the current charge; however the RFP makes no mention of excluding people with past criminal convictions but only appears to reference current offenses. The RFP is not designed to be a document that includes all the policies and procedures that will be in place. These will be developed by the successful bidder in consultation with MHCADSD. However, included in the RFP (attachment B) was the June 25, 2009 memo from lan Goodhew on the legal and eligibility structure for CDF. On page 9 of that document is a statement that violent criminal history would exclude people from admission to the CDF. The specific violent history charges that are exclusionary will be included as part of the contracting process. 5. Regardless of what exclusionary criteria is used, how will non -law enforcement entities (ambulances, ERs, etc) be able to screen criminal convictions? Non- police referents will not be expected to screen for criminal history. However, there is a triage process that will be in place so that police, ambulances, E.R.s and other individuals wanting to bring someone to the CDF will first call the CDF. Addendum Number 3 King County RFP 1056- 10 -RLD Page 5 of 6 The CDF will have access to the criminal justice database, and will be able to identify and decline admission for those individuals who meet the exclusionary criteria. 6. Does someone have to have a property identified in order to successfully respond to the RFP? A proposed site must be included in the RFP response. 7. Regarding the CDF, which Police agency would respond if someone gets out of control and staff is unable to resolve the conflict? Is funding set aside for mitigation funding for the host city? As stated on Section 11, part 3 of the RFP, The CDF will have interview rooms of which at least two will have security features that would allow for containment of consumers who become behaviorally out of control. For any person diverted from jail by police and for whom there is a superform on file, the diverting police agency would be called to take the individual who was out of control to jail. For others, the DMHPs could be called. If there is immediate danger, the CDF would be expected to call 911. The experience at the Pierce County crisis triage facility was that there were approximately 6 cases per year requiring 911 response. There is no funding set aside for the host city. 8. Addendum 1 of new RFP removed the language regarding the desire to have the CDF and CDIS co- located or within close proximity. Yet, the final status report that went to the MIDD in June of 2009 of the strategy. The MIDD Oversight Committee does not have responsibility for writing or noted that the CDIS should be co- located or located close to the CDF. What process was used to modify the criteria that was approved by the MIDD in June of 2009 and was originally included in the RFP? We received feedback from bidders that they interpreted the language in the first RFP as requiring co- location or close proximity, and not just a preference for this on the part of the County. MHCADSD changed the language to read that the CDF shall be "within proximity of the CDIS to allow for easy transfer of individuals between locations of the CDIS and CDF". This change in language clarified the intent approving Requests for Proposal and the clarification is consistent with overall CDF planning. 9. When will the results of the RFP be out? We expect to complete the review process and identify the successful bidder(s) by June 30, 2010. 10. How was the price per square foot determined? We looked at the cost of the Pierce County Crisis Diversion Facility from 2006 and added inflation amounts based on 2 years (the rate was determined in 2009). 11. You have eliminated the requirement to notify the host city and replaced it with an affidavit. This seems to indicate less communication with a host city prior to submission of the bid why was this done? The intent was not to eliminate the requirement, but rather to make it stronger by placing the language to work collaboratively with the municipality on permitting and zoning requirements, in addition to a developing a neighbor relations plan in order to foster good neighbor relationships, into the Statement of Assurance. Bidders are still required to communicate with the proposed host municipality and this will be restated during the pre proposal conference and included in an addendum. 167 168 Addendum Number 3 King County RFP 1056- 10 -RLD Page 6 of 6 Attachment B April 16, 2010 Executive Dow Constantine King County Chinook Building 401 5th Ave., Suite 800 Seattle, WA 98104 Dear Executive Constantine: King County Bob Ferguson Councilmember, District 1 Metropolitan King County Council 1 am writing today regarding your support for an important regional resource, King County's Mental Illness and Drug Dependency (MIDD) Crisis Diversion Facility. The Crisis Diversion Facility seeks to improve the lives of those impacted by mental illness and substance abuse by providing therapeutic alternatives in the community, resulting in reduced admissions to jails, hospital emergency departments and psychiatric hospital inpatient units. The Crisis Diversion Facility is the cornerstone of the County's MIDD Action Plan. It was identified as one of the top priorities by community stakeholders, including the criminal justice and human services communities, during development of the MIDD Action Plan. There has been an enormous amount of planning and outreach conducted for the Crisis Diversion Facility since April 2008: Over 20 separate community stakeholder planning meetings with representation from law enforcement, courts, hospitals, advocates, consumers and treatment providers were held between April 2008 and February 2009. Workgroups of the M1DD Oversight Committee convened to develop recommendations in -the areas of transportation and crisis teams, location and facility design, licensing, target population and discharge. Workgroup members visited other crisis diversion facilities in Whatcom, Skagit, Pierce and. Yakima counties. Two other workgroup members also visited the Bexar County program in San Antonio. The Department of Community and Human Services compiled data and information to develop implementation recommendations. These recommendations were subsequently adopted by the Oversight Committee. The MIDD Oversight Committee, based on requests from south county law enforcement officers to site the facility outside of King County Courthouse, 516 Third Avenue Room 1200, Seattle, WA 98104 206 -296 -1001 bob.ferguson @kingcounty.gov www.kingcounty.gov /ferguson 169 170 downtown Seattle, identified the area south of downtown Seattle and north of Southcenter as the ideal location for the facility. In August 2009, the County released a Request for Proposals (RFP) for the Crisis Diversion Facility with the above siting criteria. The Tukwila City Council subsequently adopted an ordinance establishing a six month moratorium on the receipt and processing of building permit applications, land use applications, and any other permit application for the Crisis Diversion Facility. No awards were made in response to the August RFP, and the County released a revised RFP a few weeks ago. We need to get the Crisis Diversion Facility, and its companion, the Crisis Diversion Interim Services facility, up and running as soon as possible. Without this facility, mentally ill individuals are housed at the jail and boarded in emergency rooms where they do not receive the stabilizing treatment they need prior to being released. This costs taxpayers more money as the individuals cycle through the system. The Seattle City Council recognizes the importance of these facilities. I have attached a letter from Seattle City Councilmembers which expresses their interest in working closely with King County officials to find a suitable location for the facility. I also support these efforts. I know that you support the MIDD, and I hope we can work together with the city of Seattle to get the Crisis Diversion Facility sited, opened, and assisting clients. I ask that the Department of Community and Human Services continue to provide technical assistance to potential applicants. Sincerely, Bo Terguson Chair, King County Count; Encl. letter from Seattle City Council Cc: MIDD Oversight Committee Dan Satterberg, King County Prosecuting Attorney Alan Painter, Human Services, Health and Housing Policy Advisor Kelli Carroll, Staff, King County Council NAME Roy L Dodman 1 Senior Buyer Cathy Betts 2 Buyer 3 1 Uhat whki-vat -Dire e o 5 10 11 12 13 14 15 16 17 3 (04vAs. OAN- Co =d J 0 i /(YV'f\ Sive,q() RFP NO. 1055-09RLD MIDD Crisis Diversion Services Date: March 18, 2010 Time: 1:30 p.m. PRE PROPOSAL CONFERENCE ATTENDANCE ROSTER Please add e-mail address if available Or COMPANY King County Procurement and Contract Services King County Procurement And Contract Services 4rs�K Vt c_ m Wt.E,.- L-Jvm a•J Phoneme.. -q FAX: E -mail: M,tt G[✓t; Phone: zo6_ titee- FAX: �G 'x' �S O6 /6 E -mail: l Phone: �3°W'431-` 6dy FAX: 4 3GG`f t C r f E -mail j /See a; Fhki.i /c Phone: 30). -2 FAX: go-- a 3 l d Sound Mudd kffrl E- mail: 16C.-4 syvk 4-01- ket ?1QJ 1 4Yf '1 1�S E -mail: Svs'an/,, /eO %rKo►'a+ t 1 C, V v-r aa.r1C. Phone0263.% FAX;2e 61803 E- mail:. tic. dodo_ Phone: 003 898 -F ac4' 9c fv --o53 E -mail: Vare Sp4c(inairtKIAI.C.opeli Phone: a63 -Fq172._ FAX: V E -mail: jrr.2,64'; 9" Phone: FAX: E -mail: Phone: FAX: E -mail: leckmiuds, coare Attachment HH PHONE/E -MAIL Ph:206- 263- 9293FAX: 206- 296 -7676 E -Mail: rov.dodman aC ..kingcountv.aov Ph:206- 263 -9291 FAX:206- 296 -7676 E -Mail: cathv.betts aekinacountv.aov Phone: FAX: E -mail •..1/ !.0 Pty., _IiA Phone:(24 F E- mail: loco.. 6; "Aioulvve inn %I/ Phone: /et FAX`'a t -ern E -mail Phone: Jo zLya FAX: Jo E- mail: ..t sib tS.,f'lxhi, of Phone: 01- 62_1 FAX: Lt: t16 E mail:Qavv(r'rn S€se. o tax Phone: 4 (¢61. '4 3•bF bat. an-4 171 NAME Roy L Dodman 1 Senior Buyer Cathy Betts 2 Buyer 3 Q j i 04 Qt,—) 4 Ala 5 Kilt N o mu,� 6 iJ i Co k.e. 4,r4,-,do Ar\c1ru\ 8 &1„o P (244.0 10 41}V k 12 u 4 /Cvtv,h 13 I y 7Lr 14 E koIMas "1 fo 15 16 17 172 iin RFP NO. 1056 -09RLD M /DD Crisis Diversion Services Date: April 29, 2010 Time: 1:30 p.m. PRE PROPOSAL CONFERENCE ATTENDANCE ROSTER #2 Please ad d e-mail address if available COMPANY PHONE/E -MAIL King County Procurement Ph:206- 263- 9293FAX: 206 296 -7676 E -Mail: rov.dodmanOkinocountv.aov and Contract Services King County Procurement And Contract Services I love log 1/ 1 metst Cprvwfwatt -SL �C M l C/4 D. D FG ,A WCAb5p Nctoc75 as iNtotos 0 Ph:206 -263 -9291 FAX:206- 296 -7676 E -Mail: cathv.betts5kinacountv.aov Phone: ,7 b 6 s v c: Q Lt 8 E- mail:' e Xon oL� �Q1 to v 1 1; Phone: 66 FAX• r✓ 4- acl —r(flc� E- mail �iv�r�,,. t.tel Phone:2*(434�� FAX: -mail: KnonmAr 0,900,A —1 Phone: to6stslS14j FAX: E -mail: IN 4 C.(t deSC -ovc Phone: .615 -15 t.4 FAX: E -mail: ta.r.t.ec,.5 Phone: 431— 3671 FAX: E -mail: 6 &I,5& Ci K f Phone: FAX: E -mail: Phone: FAX: E -mail: Phone: 206 Y' FAX ,6 6 S S9 i n E -mail: otgo Phone:21ot3aZ ygAX: 206 302 2i/0 �mail�� Phone: 2 br ?1a3 FAX: $9 E -mail: i FAX: Phone: E -mail: Phone: 533 7a. E-mail: C tv otu •S Pawjk_eu v1.e Phone: FAX: E -mail: Phone: FAX: E -mail: Brandon Miles RE: CDF and Transit From: "Shoenfeld, Amnon" To: "Brandon Miles" Date: 03/30/2010 4:38 PM Subject: RE: CDF and Transit CC: "MacLean, Jackie" Hi, Brandon. Jackie is on vacation, so I'll answer. The RFP requirement is that the CDF be "accessible to a Metro bus route We do not anticipate that very many people will come to the facility by bus or need or use bus transport when they leave the facility, but we wanted to have that as an option. Access to one bus route is sufficient from our perspective. People can always transfer to and from other bus routes. Amnon From: Brandon Miles [mailto:bmiles©ci.tukwila.wa.us] Sent: Tuesday, March 30, 2010 3:15 PM To: Shoenfeld, Amnon; MacLean, Jackie Subject: CDF and Transit Hi Jackie and Amnon- I wanted to follow up on our phone conversation from last week. We are still looking at the location issue and it would be helpful if you could clarify staff's opinion regarding the level of transit needed. Thanks for your help. Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us 1 ar 1 Vl 1 Attachment II file: /C:\temp\XPgrpwise\4BB228FEtuk-mail6300-po 100130796C 117ECD 1 \GW} 00001.... 05/11/201 3 174 Supportive Housing 1811 Eastlake Canaday House Evans House Kerner -Scott House Lyon Building The Morrison Rainier House Union Hotel Scattered Site Mental Health Services Crisis Respite HOST Outreach Engagement PACT- Intensive Team SAGE -Case Management Employment Support Chemical Dependency Services Emergency Shelter Connections Something Old, Something New Thrift Store Board of Directors Clark Kimerer, Chair Ron Wright, Vice Chair Laura Inveen, Secretary Merlyn Bell, Treasurer Tom Byers Mark Dales Bryan Friend Jeffrey Grant Mark Sidran Larry Smith Chris Spitters Richard Stevenson Executive Director William G. Hobson opening doors to end homelessness 515 Third Ave Seattle, Washington 98104 206- 464 -1570 fax 206.624A196 www.desc.org April 29, 2010 Via E -Mail and Hand Delivery Tukwila City Council 6200 South Center Boulevard Tukwila, WA 98188 Re: Zoning Proposal for Crisis Diversion and Interim Services Facilities The Downtown Emergency Service Center "DESC wants to thank the Tukwila City Council for directing staff to expand the proposed zoning area for the Crisis Diversion and Interim Services Facilities (the CDF and CDIS). At the hearing on April 12 DESC was heartened to hear Council Members acknowledge the need for these facilities. We assure you, the need for facilities to provide medical treatment, temporary housing and social services for people in crisis and return them to their communities with stronger support systems is profound and immediate. DESC urges the Council to adopt zoning that yields viable locations to meet this vital need. DESC noted Council Members' questions at the hearing concerning the operations of the CDF /CDIS. Attached is a brief fact sheet that we hope will answer those questions and help the Council in its review of the expanded zoning proposal. DESC also noted that public testimony at the hearing was unanimously opposed to the proposed South Center location and unanimously in favor of the existing Riverside Residences location. DESC shares the view that the Riverside location in the MIC /H zone is a far better choice for the CDF and CDIS, than the zone near South Center Mall. DESC has leased units at Riverside for years, and feels it would be an ideal location for the CDF and CDIS. Riverside is unique in having fast and easy access to freeways, without also having a busy commercial or residential character. Riverside is also already configured for temporary housing uses. DESC respectfully requests the Council to expand the zoning proposal to include the Riverside location. DISCUSSION As discussed below, Riverside meets the County's criteria, the City's criteria and the project proponent's (DESC's) criteria for the CDF and CDIS. 1. The County's Criteria. Riverside meets all of King County's locational criteria. Riverside is located just off SR 99, SR 599 and I -5, which connect within minutes to I -405, SR 518 and SR 167. Attachment 3) 175 176 Not only is Riverside located in close proximity to these freeways, but, more importantly, it has fast access to these freeways. Riverside it also located on the 124, 154 and 173 bus routes, which connect to other regional bus routes (although as discussed in our April 12' letter to the Council, DESC will provide van service for the CDIS and will propose similar van service for the CDF). Riverside has more than 7,200 sq. ft. of available square footage, sufficient for co- location of both the CDF and the CDIS. Most importantly, it has fast and easy access for police and emergency vehicles. 2. The City's Criteria. Riverside also meets the City's criteria of compatibility. Riverside is not located near a busy commercial hub or residential uses. In fact, it has few neighboring uses at all. Riverside is located on a section of Tukwila International Boulevard that is cut off from other uses by freeway ramps, access roads and the Duwamish River. Residents of DESC's existing units at Riverside have found the few surrounding uses to be compatible with their temporary housing uses. They have never complained of crime, noise or lack of privacy from industrial or airport uses that might affect other portions of the MIC /H zone. The other City criteria of availability of adjacent amenities is less relevant to the CDF and CDIS, because these are internally- focused facilities. Program participants at the CDF and CDIS will work intensively with staff to stabilize the immediate medical crisis, obtain social services and find housing; therefore, there will be little time for other activities. Also, program participants will have basic services provided within the CDF and CDIS, including meals, medical treatment, social services and housing; therefore, there will be little need or incentive to partake of adjacent amenities. In fact, DESC feels the availability of adjacent amenities might be counter productive to the CDF and CDIS, because they might distract participants from internally- focused clinical programs. 3. Project Proponent's Criteria. Riverside also meets DESC's criteria. Riverside has a functional physical layout, which can be converted to the CDF /CDIS use much more economically than structures DESC has investigated in South Center. Riverside rents are also lower than those in South Center, and Riverside is far more likely to be economically viable over the long- term than sites in the commercial hub near South Center Mall. Most importantly, because Riverside is removed from the Mall, it is a much more private location and, therefore, more conducive to the success of the Crisis Diversion Program. Clinical programs at the CDF /CDIS, will be internally focused on reversing crises, changing behaviors and getting lives back on track. The success of these clinical programs would be best served by a quiet private location that is removed from commercial activities and crowds. Conclusion For all these reasons, DESC urges the City Council to expand the proposed zoning for the CDF /CDIS to include the Riverside Residences location. By including this viable location, the Council can ensure that these essential public facilities get up and running quickly, to fulfill their vital mission of addressing mental health crises and helping participants return to their communities with stronger support systems. Enclosure cc: Brandon Miles, Tukwila Planning Division Nora Gierloff, Tukwila Planning Division Jack Pace, Tukwila Planning Director Steve Lancaster, City Administrator Jim Haggerton, Mayor Shelley Kerslake, City Attorney Cynthia Kennedy, Graham Dunn Claire Molesworth, Graham Dunn Sincerely, Downtown Emergency Service Center C:ilki ,1) 1 Bill Hobson, Executive Director 177 178 Crisis Diversion Facility Fact Sheet (This fact sheet is based on information from the MIDD RFP for CDF and DESC's plan should we be selected as the operator of the CDF) Will the facilities be staffed 24 -7 and by whom? Yes, The CDF will be staffed 24 -7 with the following specialists: Advanced Registered Nurse Practitioners Mental Health Professionals Chemical Dependency Professionals Behavioral Health Specialists Peer Specialists The staff to client ratio will be no higher than 1:5; many shifts being 1:7 Will the facilities provide transportation services? The CDF and CDIS will have van service to transport program participants to appointments, medical offices, and other necessary destinations. CDIS staff will use the van service to coordinate supervised outings to necessary destinations. Will program participants be screened and how? Three key screening practices will used for admittance to the CDF: 1. Police Officers will have the ability and expectation of running a criminal background check on all people being referred to CDF. If violent crimes are found to be in a person's past, the person will be determined ineligible for the program. 2. By MIDD specification, people presenting with current felony charges, a level of violence surpassing CDF management capacity, or presenting primarily for active sexual offender behavior will be ruled out of CDF eligibility. 3. Experienced CDF staff will carefully assess the referred person for likelihood of danger before admitting them to the program. Will the facilities be locked down or will participants be able to leave? The CDF will be locked, but it is not an involuntary treatment program. Participants may leave if they wish, but considerable effort will be made to ensure they complete their stay at CDF. The referring police force will be contacted and requested to intervene when a participant refuses to complete the 72 hour program. CDF staff will have the means and direction to transport participants to an appropriate treatment facility or back to their home community if they insist on leaving. Will agreements be in place for police pick up if participants leave? Prior to opening the CDF, Memoranda of Understanding will be developed with all municipal police forces and the King County Sheriffs Office. Emphasis will be placed on the importance of participants being returned to the referring police force should the participant demand to leave prior to completion of the three day program. In the event a participant leaves prior to police response, and they refuse to accept transportation back to their home community, the police will be alerted and requested to assist. King County Mental Illness and Drug Dependency (MIDD) Oversight Committee (OC) February 25, 2010 11:45 -12:15 networking lunch 12:15 p.m. 2:15 p.m. King County Chinook Building Room 123 Meeting Notes Members: Jim Adams, Rhonda Berry, Bill Block, Linda Brown, Nancy Dow- Witllerbee, Jaime Garcia=V. David Hocraffer, Zandrea Hardison, Shirley Havenga, Mike Heinisch, Darcy Jaffe, Norman Johnson:, Bruce Knutson, Judge Barbara Linde, Leesa Manion, designee for Dan Satterberg, AlexO'Rei11y designee for Councilmember John Chelminiak, Sheriff Susan R'ahr, Mary Taylor, designee -for Barbara Miner, Dorothy Teeter, designee for David Fleming, Dwight Thom Other Attendees: Sherry Axson, Bryan Baird, Cathy Clemens, Lisa Kimmerly, AndreaLaFazia Lapp, Brandon Miles, Alan Painter, Alessandra Pollock; ":Aaron Rubardt, Amnon'Shoenfeld, Cindy Spanton, Laurie Sylla MIDD Oversight Committee Meeting, February 25, 2010 Attachment KK 1. Welcome and Introduction hairZavenga: Co -Chair Havenga called the meeting to border, welcoming the committee and introductions were made by each person in attendance.' 2. Approval ofthe Meeth g.Notes frorii-'the January 28, 2010 Meeting, Co -Chair Havenga-- Minutes were: approved by consensus. 3. MID-- D,Project Staff Report; A Brea LaFazia— a: Statement of Financial Other "Interests Form Andrea reminded tle'`OC'to complete and return this form. Cathy Clemens, Executive Director of the Board of Ethics will provide an overview later in the meeting. b. MIDD 2009 Annual Report Andrea introduced LisaXimmerly, MIDD Program Evaluator, who provided a page by page synopsis of the new Annual Repo;tformat. She detailed numbers previously reported in quarterly reports, data pertaining to •performance` measures, success stories, strategy -by- strategy updates, graphs charting individuals touched by the MIDD, financial data, key considerations and recommendations. Final draft of the Annual Report is due to Council April 1, 2010 and will be available online soon. Members echoed comments of high accolades for the presentation and layout of the report: stating that it is attractive, easy to read, and conveys accomplishments. They are eager to share the information by sending copies to Senator Hargrove, having a press release and sharing with NIMH. Members made many revision suggestions for: more clarification on target success ratings, finding out how strategies relate to the five goals of the MIDD, data that measures results before and after MIDD, and including footnotes for unallocated funds. Judge Linde noted necessary language revisions are Page 1 of 4 179 180 needed regarding Mental Health Court (MHC) Strategy 11 b: Increase Services for new or Existing Mental Health Court Programs and that she will provide these revisions to Lisa. Members were concerned about targets being changed and suggested that aspirations not be revised by lowering targets. The evaluation team only revised the targets where original estimates were incongruous with data collected. As far as performance related revisions, due to many who exceeded expectations, tried to shy away from target revisions at this point (too soon). A footnote will be included to state original targets were estimated not knowing what the actuals would be. The OC thanked Lisa for her hard work and to extend praise to her daughter for taking the great photographs for her school project. The OC voted to approve the MIDD Annual Report as revised. 4. Co- Chairs Report, Co -Chair Rahr— Co-Chair Rahr gave a quick update regarding the Crisis Diversion Facility. strategy. The new RFP is expected to be released around March 11, 2010. Local cities will be notified; as soon as the final date is known. The definition of the location has been broadened to say "a centralized; location with access to freeways" to improve the chances of finding an appropriate „location that works=for.everyone. Co -Chair Havenga announced that both chairs' 2 year t rms.`'are_:epiring in June. Tl e :criteria for Co- chair positions are one King County and one non -King County employee. All OC members were invited to express interest and to contact both Co -c pc, An drea LaFazia. 5. Overview of MIDD Strategy Reductions, Amnon Shoenfeld Amnon gave an overview on how strategy reductions were taken for those strategies cut for 2010. An adopted budget draft was presented to the OC that-listed: ongoing funding per Adopted Action Plan amounts; 2010 Adopted amp.** that 4.nclude technical adjustments to central rates; percentage changes from the Adopted "Plan; itrizi the p Pp iach and impact of each strategy. Members discussed a ne clearer'` language in the reduction approach and impact column. Some programs have been cut' tow 0 due to project delays in those strategies. Another clarification made to this document %is:,when it' states "program's of yet started, so no impact on services or providers,” it was recommended "or providers" be taken off since this is not about providers. Amnon. stated this information was•.p'rovided per OC request and would be revised and presented again. Amnon also presented a brief overview of the programs that received supplantation funds and the process that (OMB).and MHCADSD is using to monitor. $13 million the COili l in their November 2009 budget are MIDD sales tax funds that will fund mental health, siibatanee abuse and therapeutic court programs that were previously funded by the county General Fund. Th ie are no state funds being supplanted. For the break -down of this overview, click here: htto: /www.kingcounty. aov/healthservices/ MHSA/ MIDDPIan/ MIDDCommittees /OCMeetingMaterial s.asnx. David H: For a number of court related services, those amounts were pulled out and put in a different budget line item. A lot of public defense services accounting for another $1.4 million on top of this amount, wasn't part of this $13 million. Amnon: Those public defense costs are part of various strategies. Barbara Linde: So they are within the $13 million. They just aren't broken out as a lump public defense cost and are spread out over Drug Court, MHC? MIDD Oversight Committee Meeting, February 25, 2010 Page 2 of 4 Aaron Rubardt, OMB: They are in here. Those you're referring to are for MHC, Drug Diversion, Juvenile Drug Court, multiple agencies, are part of this $13 million. Zandrea Hardison: For jail psychiatric services, you were saying there are some services that are beyond this amount. Do you know the total amount? What percentage of this is covered? Amnon: I don't have that. Medications are a pretty significant cost. We did not pay for medications. Co -Chair Rahr has been working for 3 years at the federal level to get that Medicaid policy changed and is now in Jim McDermott's office. With the finish line in sight, the way this will be possible will be to have 10 pilot sites around the country with King County being a pilot site. There isn't very good data about how many people in jail are Medicaid eligible, how many lost their coverage. The Sheriff asked for stories from the OC of individuals who were on Medicaid, getting their meds, went to jail, then cut off from Medicaid, they have trouble getting back on Medicaid, etc. Co -Chair Havenga: Asked Andrea to send an email to the OC. 6. Ethics Overview, Cathy Clemens, Executive Director, Board of Efhtcs Ms. Clemens provided an overview of Ethics in relation to serving on Boards. More information can be obtained by calling 206 296 -1586. MIDD Oversight Committee Meeting, February 25, 20/0 7. MIDD OC Member Check In Nancy Dow Witherbee, Mental Health Advisory Board Chair`and= :QCmember: The MH Board is seriously understaffed. The Board is slated`to have a maximum of 17 m embers, but currently has eight. King County employees cannot, pa ticipate on the Board but no specif e "mental health experience is necessary. Membership applications are online: To learn more about how to become a member, contact Nancy Dow Witherbee at nldW@u.washingi6n.edu or 206 744 -9691 or Rhoda Naguit at rhoda.na2uit@kinacountv.gov or 206 263 8965= :or visit: httn: /www.kinQcounty. nov/ liealthservices /MentalHealth/Board bx Bruce Knutson: The, county policy:;for supplantafian it's ok to supplement for lost county revenue and that's what all this represents. Now we're facing significant state reductions for mental health, chemical and deputy court services. It's worth reviewing that policy. Barbara Linde Should the: allocate:money from MIDD to fill some gap now left by the state, that is not a supplanting issue, it's'a `how big is pot' question and `what will be reduced to spend money .elsewhere That is a policy: question the Executive's Office, OMB and the Council needs to addres" Norman Johnson Wh at is the definition of supplanting? Barbara LindeT paraphrase, the Council passed their ordinance that allowed the MIDD tax in October 2007. Tbe:RCW state law declares the new tax cannot be used to pay for services that were provided at the level lYhen the Council enacted the tax. Whatever the County was paying for in October 2007, withotit<<the: ability to supplant, would only be able to spend new programs, new staff, and add on to what existed'then. Of course, because of the cuts, everything went down after that. The question of spending new money when funds were reduced required change, which Hargrove supported that change to allow supplantation. The limits are beginning in 2010, supplantation allowed up to 50 decreasing 10% a year until it's gone over a five year period. The County didn't use the full 50% supplanting ability, but instead used 30% that legally identified this $13 million as appropriate supplanting work. The 30% supplanting plan gives us stability over a 3 year period before having to reduce supplanting down 10% in the year 2013 and finally in 2014. Amnon Shoenfeld: The question is whether state funded programs will be considered for supplantation. Co -Chair Rahr: You have to look at the RCW. You have to look at specific law and they do usually identify federal, state and local funding. Page 3 of 4 181 182 Amnon Shoenfeld: When they amended the laws to allow supplantation, they also specified that it could replace lost federal funding. They didn't say lost state funding. Barbara Linde: Provided an update to MHC Strategy 11b, which was delayed until it received funding that starts this year. She stated that communication will go out in a variety of ways to all cities that MHC is open to them. Training will be available for city prosecutors and city public defenders on March 25th and 26th. Notices will go out to cities sometime next week and bring the MHC team on the road with the MHC judge, probation officers, court monitor (SMH professional) Public Defender and Prosecutor will go and present and hopefully inform city lawyers and professionals how to identify an appropriate case to refer to MI-IC and how to do it. i.e., if a person who's sitting in a Kent jail with a mental illness one day can the next week be in a King County MHC, in a King County jail and being released with services. The cities costs will go away and becomes a county responsibility funded by the MIDD from that point forward. So we're excited to get that training out The long -term goal, by July, we hope to be hearing once a week MHC calendars at the kegional Justice Center (RJC) in Kent and at the District Court and Courthouse in Issaquah. We have three courthouses on the Eastside we had to find that has space for probation officers, prosecutor and public defender to land and Issaquah has a little capacity where others don't. The RJC we feel pretty good about because there .are some individuals with mental illness who are in custody, who are.not housed in the downtown jail facility. Individuals are classified on how they are managed, so if they on medication and:. manageable, they will be in the general population. There are individuals in the Kent jail. who will be `much better served by having a MHC presence at the RJC. We have formed a MHC Executive Committee, chaired by:Judge" Harper: Members are holding the second committee meeting today. Other members include Mark Larson, Prosecutor's Office, V. David Hocraffer, Office of the Public Defender and Don Madsen, AGA Director (Public Defense firm that holds the MHC contract). We,will be working with stakeholders and individuals to set policy and direction for the MHC. Norman Johnson: Commended Sh ff a r andtiDan S atterberg for their "commercial" (prescription drug safe disposal public service announcement) an l at it comes across quite nicely. 8. New Business No comments: 9. Public Comment No comments. Co -Chair Haveiga: Thanked everyone for coming. ADJOURN 1:46p.m. Next Meeting March 25, 2010 King County Chinook Building 401 5th Avenue, Seattle, WA 98104 11:45 a.m. -12:15 p.m. Networking Lunch 12:15 p.m.— 2:15 p.m. Meeting Room 123 M1DD Oversight Committee Meeting, February 25, 2010 Page 4 of 4 Verbatim from April 12, 2010 Public Hearing, Speaker No. 1 Start 7:47:06 Graydon Andrus, Clinical programs director at DESC, it is a multi service agency focused on service homeless adults, and providing a range of services to meet all of their various needs to stabilize. I'm going to keep my comments focused to a couple of points about the siting and the narrow range of it and why it should be expanded. And um, First, I want to talk briefly about the purpose and operations of the Crisis Diversion Facility and the Crisis Diversion Interim Services as it relates to the siting. At the Planning Commission meeting some concerns have been represented and it's siting trying to have it really close to the transportation center so people get around easily and, also having it in a more vibrant community so,giimpfe could feel more integrated with a community instead of being tucked av ;or=isolated in some quiet neighborhood or a facility. But in fact, you know, one-of he prime-a4joals when a person comes to the CDF and then onto the CD1_riich has been arded to DESC, the second part has been awarded, 1 think Bran on may have misspoicesabout that. Um, we have not contracted officially with k►e .:ounty, but we have been selected as the provider for that part of the 3 -part service. any rate; we would be very focused on working with people in the facility to quickly underst what is going on in their lives and what we can do about that to positively affect them;, -affect their lives when they leave. So, we are not going to be tryir Miaftegrate pecTfa into any community in which the facility exists. In fact, that, that wail probe courifer- productive to our purposes, so we are going/€. e staying- what is going on now with people stabling, and asW. rucn -aswe can 'aid :getting theFFconnected them to as many resources as they„ar eligible focand they wilt accept. That takes time, the 3 days at the CDF will be qu ret1.y eaten up.:people are i=tgoing to be inclined to roam around in a community. And, in terms ofitranepetatian., to ad from and in between during the time people ar_e ft e facility-we ould have a -strong focus on getting people to appoints they ne to go to4We wd t ave transportation available, we have vehicles, and we wouldgave people in d er ro1 Wthat would facilitate and in terms of when their stay is done a #tae CDF, or theIS we=t uld be highly motivated to be returning people to their community. WhatevT. their community was from once they came, if that should happen beto W e 3 day stay or the 14 day stay at the, the CDIS program, then we would be workti bard,Aeimake sure again, that they get a ride back to their community. We arert tjinterested in letting people just roam out into any community and try to make ends tiaeet. And I doubt that many of those, many of the participants in the program would be very motivated to that. That makes for a pretty difficult life, trying to get along in a community that you don't know, you don't understand how to get your needs met. So, 1 think there would be a lot of work -to -work against that fear, that potential. Let's see, I lost my thought, I am sorry. We actually did have one site, ugh already Tined up, more or Tess, we did not have a firm contract or anything, but we had a letter of intent and it was at the Riverside Residences. And you will hear from, hear Attachment LL 183 184 Verbatim from April 12, 2010 Public Hearing, Speaker No. 1 from, the owner of that building, Mr. Summers. It was near enough major transportation routes and it had the physical plant to meet the needs of the CDIS and it was remote enough that there wouldn't be distractions, such as Southcenter for clients to be possibly interested in checking out. Keeping it, really close to Southcenter mall, is not essential at all for this program to succeed. In fact, it might work against its cause. So expanding that zone well beyond the half mile would actually enable us to succeed in multiple ways, and I strongly encourage you to think about that, and change the language that is limiting it so much. Thank you. Councilmember Ekberg: can I ask a question. Council President Robertson, certainly, Councilmember4E1Merg. Councilmember Ekberg: thank you for coming this ing;1 you clarify, I was not completely sure what, um, you mentioned DESC w,aL fo�hat were you selected for? Mr. Andrus: We were selected to operate thjasis Diversion Interim�tvices part, that's the program described as 14 day, up ioza.14 -day stash; That's the gaTzet of the Crisis Diversion facility that our homeless and r: neetome ongoing assistance to stabilize. Councilmember Ekberg: Okay, atWallou were s irdsted on that without knowing a physical location at this point. Mr. Andrus: We had made a proposa ,f thelocation at t!a:time, and Councilmember Ekberg d. that wasIkate"` 'rOk rside Residences? Mr. Andrus: and it w.a „t "7 side Re aces, yah. Councilmember EJ aerg: Woul J m, DE ever be involved with the mobile crisis team. Mr. Andrus: If, if we r rm tgappisselecl at running a Crisis Diversion Facility we would dtsc e=.applyir� I rfhe otheF h mobile crisis team, the two works well togethe I fi k. TT=t pray theme,. FP is written it implies that they would be having some pretiplegrated fundti traripl rtation being one of them. Counainember Hern ez: Respective Question Please Councifl ident Robes on: Yes, Councilmember Hernandez CouncilmeE:er HernanL: Yes, and in that 3 day period and the crisis diversion clinic would theta ents be- ble to freely leave if they did not like it there, would they be free to leave at a Mr. Andrus: 1, as I understand it, we would not be legally allowed to, um, to prevent them from leaving the facility, it would be a locked facility, there would be a lock on the door and we would control who is coming and going. And um, we have lots, lots of experience in the agency; at DESC, at engaging people in finding reason for them to participate in services they don't otherwise think that might be useful. And that's, that's where we would be putting our energy, is talking to people before they just, impulsively just walk out the door to what, they have nothing to walk out to usually if they are Verbatim from April 12, 2010 Public Hearing, Speaker No. 1 homeless. Um, But, in the end, it is my understanding, we could not literally restrain them, or keep them incarcerated, um, we may be able to delay that process, by, you know, talking to them, persuading them, working with them. But, if somebody were insisting on leaving, and they were brought in by municipal police, or King County Sherriff, quite likely, any, um, agreement we would with the various police forces would include notifying them that someone is choosing to leave, prior to the 3 days. And, we would be expecting them to come intervene, and perhaps do what they would have done in the first place and possible take them to jail. So, this is..aTJeveraged plan, clearly, you know, people are being diverted, and, and the deaJafiey get is they are not going to jail over a relatively minor crime, they are going toll opportunity to get some assistance, and, and if they reject the assistance,- ges;ey run the risk of being taken to jail then. So there is some weight there behind it. Councilmember Hernandez: Thank you Council President Robertson: Councilmembuffie Councilmember Duffie: okay now, am Ito understand tha1this facility wifffaave a 24- hour staff. Mr. Andrus: It will be heavily staffed, actually. Thexe could be, there would be, the Crisis Diversion Facility would, is maraaated in fact t 1:4 ratio, one staff for every four clients. And, and the proposal mat we ie been VV-Ming up would have even more that, that, and it would have a range of s"t J.t..woulaT ave advanced registered nurse practitioners that a e apable of dfng p striptro for psychiatric, mental illness, chemical dependency rraressionals, MeritaH alth Professionals and Peer counselors to, to help with the.,.f tinge of ter needs a d goals. Council PresideffeRobertsonre there ara,.,y:�ther Council questions. Councilmember i�egj DrtatLy, urn does DESC currently manage such a facility. Mr. A nus: ProlYably um wa ,.close to anything, we manage a program called Crisis Respite Program whit- -s also roduct of King County's funding and, and ideas, and it's thclosest thing to thJ think_ Ve get referrals from hospitals, emergency rooms, Western !f -ate Hospital, P74,v7chiatric In- patient units, like Navous (bad audio), it used to be called Hi Kline/ Seattl ental Health. And, um, we work to stabilize people that are coming out of p and we seek, and we divert people from using the emergency rd T m re or mental health courts, and. We are pretty experienced in this, this strategy in stabilizing and get connected with resources that will stop the revolving door, that's the key here. Before that, we have been running a 24 -hour emergency shelter since 1979. Along the way, we have discovered, this is the way to operate. You need to figure out people's needs and get them connected and not just slap a band aid on and let them go away and have them come back again. So we get the idea and we have been doing it in various ways for quite a long time. 185 186 Verbatim from April 12, 2010 Public Hearing, Speaker No. 1 Council President Robertson: Sir, I have a question. am a little confused, as to ways that clients can be brought in to the, either facility. Could you list the different ways they could be brought there. Mr. Andrus: Sure, the CDF would primarily be ugh, there for first responders. That would be all the municipal police forces in King County, and the King County Sheriff office. If they encounter a person in the community that is committing a disturbance or has committed a minor enough crime, and they have determined that they want to take this opportunity, and they have an apparent behavioral health isle in play, they have the opportunity to bring them there, to the facility drop them of ,.-xplain the circumstances and let the CDF take over from there. Medjie can also do it, if they, if Medic One were to determine that a, a person's healtitietindt11 is not sufficient that they need to take them to an emergency room, they p d take WI:8,to a crisis diversion facility. Those are the two main referriurces for the urtsit..Diversion Facility, but Crisis and Commitment Services4 ese are the folks that ateBdesignated as mental health professionals who can involu 1y detain pettple, could theoretically bring someone to the facility as well when they-are~ not ii to get detained for Psychiatric, Psychiatric involuntary hold. The Crisi ersion Services part, would operate as a back door for a subs -hsse people coning from the Crisis Diversion Facility, and quite likely all of that traporta-tiora would ccurring by the Crisis Diversion Facility Staff or the Mobile 0ri is tearnlae Mob k risis Team has a variety of functions and they hav �fihicle ant ►�.ould e usedEheavily, to make sure, if, if the two programs were not -r perar%lin the s 4113 wilding, tfif transportation would be reliable. We need. rake sure ople get-Wpm point A to point B that's the greatest breakdown in eves Thing, is just4Le initial cdii ection. Council President R ..+e.rt g—iEarefailize founding to specific, or almost nitpickinc,�� 'aid prim referrals-wwQuid be from first responders. Mr. Andrus: Yeo CouffarPresident �ertsonm: rimarily does not mean solely, what are the other sources Mr. Andre What I thinlWmeant to say is that, we assume that primarily it will be police forces t will be nj ing most of the referrals, and Medic One, I don't think ambulances w linot aking that kind of decisions, they are just transportation. Medic One can b ?iiZ.eople there and Crisis and Commitment Services, I am not aware of, right now I canno pink of other first responders. It is really targeting, it is creating a service, a resource for police force and Medic One to divert people. Council President Robertson: I kind of, when this first came before the City it was indicated that, that parents, friends, the, could also be referrals sources and bring them in, bring the clients in, and the clients could also voluntarily show up. Mr. Andrus: You right, you are right, I had forgotten about that element. People could walk to the door theoretically, it seem pretty unlikely, depending on where it is of course, Verbatim from April 12, 2010 Public Hearing, Speaker No. 1 there was that option that somebody could show up in crisis and ask to be let in, and most likely would be. Council President Robertson: Could you also, Thank you, could you also explain, there appears to be confusion on our part, is to whether or not the closed door, or the issue whether the issue if someone could leave or not. Mr. Andrus: I think ultimately, if someone said let me out of here and we were unable to persuade them, and the police could not get them in time, or whoever brought them there, Council President Robertson: If it was a Bellevue Police °Steer brought them there, and Mr. Andrus: if they don't get there in time, yah, the worsf cas ,eenario they would walk out the door and we would be offering to take tam home. S 6 4f they refuse to let them take them home, wherever their home community is, they wo`ut;be on their own and they would need to find their own way hon Council President Robertson: is there annd of writte ,.agreement expected or planned with the different first responders, who`fsi r dri s.:tnem off, that they will come back and pick them up, that they have to or a priori Mr. Andrus: There is no agreemer KEplace yet, tha lam aware of, but it is clearly implied in the plan and but it would f a kep art of the start -up activities and establish firm memorandums of understanding with the varaous grourssEo establish who will do what when and it would inc J8de those types ot, m'e t Council President Ro iertson: hank yo =v-ery much. Councilmember Ekberg: Two More quick i estions for you, and thank you for running the Downtown Emergency Servtee`Center. Flaere, the CDIS has been described as a 20 -bed facility. Is there =a maa: number rou 0 for some reason? Mr. Andrus EW &iave pr .gsed it be 3Th actually, to try to squeeze more out of it. That w t e propasaLthatwas accepted. 20 was the required number. Cour;Eirmember Ekberg Therraim, the final question, for a CDIS anywhere in the Natio i Io you know of °nether one=we could, you know, get some understanding. Mr. Andrus= Do I know orograms like the CDIS? Councilmember Ekberg 'S Mr. Andrus: 1ArelLthereaTe various forms of Crisis Diversion units and they all operate in a slightly differoa w conceptually there are numerous programs around, like Pierce County, you know, is in the midst of operating one. Yah, there are various forms of crisis triage centers like this. The whole idea is essential the same you don't need to put someone in a $900 a day a bed in an emergency room or put them in a several hundred a day jail bed, to solve all problems that there are some solutions that could be found that are more constructive and cost less money. Crisis Triage centers, Crisis Triage Units, there are different terms that people use for them, but yes, they certainly do exist. And so there are so models to follow, and King County would be adopting a 187 188 Verbatim from April 12, 2010 Public Hearing, Speaker No. 1 number of the practices, I think that are going on in various places, San Antonio is a good example, I think they have one there, um, but it would, it would also have its own unique shape to it of course. It's probably actually a more comprehensive model that it is in; it has the three components that are well defined. Councilmember Quinn: I have one clarifying question, um, would a facility like this, in just kind of thinking about it similar facilities, I am sure currently there is operations similar to this at Harborview, right. I mean, they admit patients whether it mental or alcohol abuse, you would be diverting some of that population tentially to wherever, you know wherever you have this operation, right. I am just er :us. Mr. Andrus: Yes, absolutely, yes part of the goal is to diEven before they show -up at the emergency room in many cases. We currently wag Mrsion in the Crisis Respite program, at our main shelter downtown, built". at* is afters have been in the emergency room and a lot of the expenses have411Zedy been incurrbut they in some cases they avoid the unnecessary expe B of becoming an inpatiellt. which is, yah, which becomes even more expensive. t. this is gettilici a step aheagaf that. But yes, many of these folks would end up at Harbn iew asatemergency rooms throughout King County; we currently get referral'ror any emergency rooms in King County for the Crisis Respite Program° Councilmember Quinn: Just the re Tor V,asked thi uestion, I used to work at Harborview and I remember this proc Ones# procbz2zes, was that nobody could leave until the office return returoeIttto HarborW, anad`lne► tl ev dispensed, kind of where were they were going:ts go. Mr. Andrus: Do y :i can thatMbey werVArought there by the police and they had charges pending Councilmember Qu'iu:,.PatitrltyAsean, 1=iould assume with the way you describe this program Fm a.,� Mr. Andarys: I dor�i -1 now`rE,it would be so formal as to guarantee that a person couli(eave as the wI und"e tand it at Harborview, many people do leave that have been Ufflught in by the MO be they don't formally press charges. They make the decisTealhat the behaTAral health crisis is the issue of most concern, and rather than incarcerate them, talhem to the emergency room, and not all, but sometimes, they do come arallakeitram to jail after they are done there. Ugh, but certainly not in all cases, but I thin 'taer, you know, there are some limits to the types of crimes that a person could commff nd be diverted to this program. It's definitely crimes more minor in nature. Councilmember Duffie: Yes, sitting here listening and it is so nice to sit here and listen to these kinds of things. What is the most danger(ous) person that could be admitted to this, to this king of facility? Mr. Andrus: You mean in terms of what they may have done? Before? Verbatim from April 12, 2010 Public Hearing, Speaker No. 1 Councilmember Duffle: Will there be anyone to check the records of the people before you admit these people to the facility or just anyone can, if you are having trouble. Say the police come up and they pick -up a guy down at the bar and they decide that they would bring them here. Who says what the guy's background records is. Mr. Andrus: I am confident that the police will have the ability to check that critically and would and we will be doing our own, if we are operating the Crisis Diversion Facility we would be doing our own screening of sorts to trim any, if their behavior is to out of contract for the facility. As for checking the background, the polirda have the greatest ability to do that, and, and um, if they weren't do it, we wouldµbesking them to do it. But, I highly doubt they would dump someone on us withositatleast looking in to the background. Councilmember Duffle: Okay, now, the question were; they couldr; he, they can, the people could also walk in right? Mr. Andrus: Yes, Councilmember Duffle: So if I walk in, you check] Mr. Andrus: We do this all the time at our eme ncy4h€lter and we do assume a certain amount of risk not knowing everybody's histo y -.vde can't possible know everybody's history. So we start of Asking a basie;series of questions and get to know them as fast as we can and we- asses heir behavior-,and how they are doing in relationship to us and if things get tesf .r out o#rtrol the=n =we start to think about alternatives. But we have; een doing thig:.kinc "thirikE-ft r:.many years; we are pretty good for sizing peoplazugaridlIdUring out en to go to p'I"an B. Plan B wouldn't be to continuing to try tptsuade theto work with us all the time. But, um, you can't always, possible know people's3story all thfime. So you know if the police are bringing them in, we ar countir-o t .;.for pfiIling up the official record and telling us honestly wb e.:;are dea in„gwith there, ancHf they walk in, then we are doing what we have been-doing fior. a .long-time. We are assessing and asking, and checking their behavior, and seeing they w nt to do with us, what they want to achieve. End at 8i ffi D9 189 190 Mental Illness and Drug Dependency (MIDD) MIDD Strategy 10b Crisis Diversion Facility (CDF) Planning Group April 20, 2009 9 a.m. to 12 noon Chinook Building, Room 121 Meeting Notes Participants: Barry Antos (Pioneer Human Services), John Bruels (Crisis and Commitment, King County Mental Health, Chemical Abuse and Dependency, MHCADSD), Kelli Carroll (King County Council), Art Chapman (King County, Mental Health Court), Nancy Cole (NAMI Greater Seattle), Lis Eddy (Seattle Police Department), Elisa Elliott (King County Sheriffs Office), Michael Finkle (Seattle Prosecutor's Office), Diana Fitschen (MHCADSD), Dan Floyd (MHCADSD), Ian Goodhew (King County Prosecuting Attorney's Office), Roycee Hasuko (King County Executive's Office), Darcy Jaffe (Harborview), Lisa Kimmerly (MIDD Evaluator, MHCADSD), Pat Knox (Recovery Centers of King County), Andrea LaFazia (MHCADSD), Dave Murphy (MHCADSD), Eleanor Owen (NAMI), Dan Peterson (DSHS), Jerry Scott (Navos), Mary Shoenfelder (DOC -SNN), Amnon Shoenfeld (MHCADSD), Michael Swenson (Evergreen Emergency Department), JoEllen Watson (Crisis and Commitment, MHCADSD). L Welcome and Introductions Participants introduced themselves and Amnon Shoenfeld outlined the handouts and objectives for the meeting. A copy of a draft of the notes for the 2/10/09 meeting was provided for participants to review at another time. II. Proposed Legal and Eligibility Structure for the CDF for Jail Bound Persons Deputy King County Prosecutor Ian Goodhew presented a 10 -page draft memo supplied to the group. This memo addresses not so much the physical structure of the CDF but the legal means by which people will be brought to the CDF. Ian emphasized the importance of gaining the trust of police officers who will often be the first responders to situations where diversion to the CDF will be an option. Police officers will want to be sure that the people they bring for diversion to the CDF are not back on the streets two, three, or four hours later in the same crisis situation the police were initially called about. He solicited email comments and feedback, especially from those who have worked on the subcommittee, which can be sent to him, Amnon, or Andrea. The document outlines the background and goals for the CDF as well as the legal basis for police to bring people to the facility. With the current budget cuts, many drug possession charges are being dealt with as misdemeanors and therefore may be appropriate for diversion to the CDF (see the memo, page nine for a list of CDF eligible charges). A hypothetical case describing a police officer's decision making process at the scene of a possible crime is included in the memo, page four. Attachment MM King County Crisis Diversion Facility, M1DD Strategy lob Planning Meeting 4/21/2009 Page 1 of 7 191 192 Attachment A is a copy of the "Superform" used by police to document contact with people, which could also be used to document the referral of a person to the CDF rather than booking that person into jail. Attachment B is a "rough -cut" draft of an "Agreement to Divert to Crisis Diversion Facility for Evaluation and Services," which would be filled out by the person being referred to the CDF as an alternative to being booked into jail, and signed by that person and by the officer. An officer may leave such a form with the CDF staff as 48 -hour legal leverage needed to help people comply with evaluation and treatment. Attachment C is a flow chart that maps out pathways to the CDF for people in crisis who have committed criminal offenses and people in crisis who have not. Darcy Jaffe indicated that often people will cooperate only as long as they know they have to. She raised the question of what to do at the end of the 48 hours. Discussion clarified that the stay at the CDF is hoped to be only 12 -24 hours; by the end of 12 or 24 or 48 hours, clients are expected to leave. If the client is disruptive and is not engaging with services being offered at the CDF and with referrals to services outside the CDF, it will be apparent well before the 48 hours are up, in which case jail would be considered again as an option. (It will also be important for CDF staff to determine what underlies a crisis that persists at the CDF; if the cause is mental illness, then it will have to be dealt with as such, but if the cause is something else, a different tack would have to be taken.) The stipulated time frame of 48 hours assures police officers that an offender they bring to the CDF won't just immediately be released. Follow -up services that are needed and agreed to by the client will vary from person to person. JoEllen Watson, Mike Finkle, and Lis Eddy emphasized how important communication will be. Police officers can call the CDF to discuss a client they are considering referring to the CDF, CDF professionals can place follow -up calls or send emails to police officers who bring in clients, and the CDF can also inform Designated Mental Health Professionals (DMHPs on staff at Crisis and Commitment Services) when clients are released from the CDF. Police officers are often frustrated that they rarely hear what happens to their cases, and calls or emails that let them know what progress their clients make at the CDF, or don't make, would increase the morale of the officers and the success of the CDF. Legible writing and legible serial numbers will be essential for this communication. Eleanor Owen emphasized that too often choices and options are laid out for people in crisis when in many cases people are too impaired to make good choices. She said the system needs to be prepared in these cases to step in and help people to make safe and healthy decisions. Lis Eddy voiced her understanding that violent offenders would be booked into jail and people who are delirious and/or psychotic who are behaviorally out of control will need to go to an Emergency Department. Darcy Jaffe reiterated that "crisis" was not the same as "emergency," and that the CDF would not be the right option in all cases. Pat Knox added that in the case of chemical dependency (CD) crises, the police officer or other first responder would have to determine when to take the person to detox and when to the CDF. Amnon Shoenfeld referred to the system used in Bexar County, Texas, where King County Crisis Diversion Facility, M1DD Strategy 10b Planning Meeting 4/21/2009 Page 2 of 7 police officers refer to laminated cards they carry around with them that profile situations and lay out the pathways to different resources. III. CDF Budget Budget projections for the combined CDF, Crisis Teams and the Crisis Diversion Interim Service (respite) programs have had to be adjusted for inflation for opening in 2010. Comparing these figures with the revenue expected from both MIDD funds and Medicaid reimbursement leaves a budget gap of over $800,000. The budget for the CDF was based on based on the budget supplied by the crisis triage program in Pierce County. Given some additions made to the CDF staffing that were not included in the Pierce County model (such as more RNs and peer staff), an upward adjustment in the proposed budget will be needed, pushing the budget gap for strategy 10b to over $1.1 million. Some revision of proposed services will be needed to close this gap, and the discussion that followed focused on where savings could be made. Eleanor Owen noted that the state legislature is debating a statewide .3% increase in sales tax for healthcare, and she urged everyone to call their legislators in support of this sales tax. But it was clarified that this revenue would not be available for crisis diversion and that our planning ought to proceed only with the revenue we know we have now. Jerry Scott indicated that the reimbursement he gets for inpatient services at Navos is much less than the projections in the CDF budget: in the proposed CDF budget, given a 16 -bed capacity, the cost per bed per day is $710, compared to less than $600 per bed per day at Navos. Darcy Jaffe responded that looking at reimbursement rates and the cost of supplying services isn't really an accurate comparison, and that the actual current cost for an inpatient client is something like $1000 per day Staffing at the CDF was discussed. The plan is to pay the provider selected to hire staff at least one month before doors are opened so that training and problem solving can be accomplished before the CDF, mobile teams, and interim respite care begin operation. The staffing plan for the CDF includes a director, an office support position, 9 FTE MHPs (2 per shift), 4.5 FTE CDPs, 4.5 FTE RNs, 0.5 FTE psychiatrists, and 4.5 FTE Peer Support Specialists. A question was asked regarding the need for so many MHPs if we have as many Peer Support Specialists as proposed. Amnon said staff would work on modifications to the staffing plan, and welcomed input from workgroup members who had expertise in managing similar programs, such as Detox and the E &T. IV. Mobile Crisis Teams The group continued its examination of budget possibilities to look for where the anticipated overall $1.1 million gap could be closed. In a hand -out titled, "Budgets for Crisis Diversion Mobile Teams," Amnon Shoenfeld laid out three options for the crisis teams: 1. Option 1 calls for four teams co- located at police stations around the county (north, south, east, and Seattle). One MHP would be on duty 24/7 at each location and would meet police officers at a crisis scene; each station would have King County Crisis Diversion Facility, MIDD Strategy lob Planning Meeting 4/21/2009 Page 3 of 7 193 1 94 a car. There would be a total of 18.66 FTEs and a yearly budget of over $1.6 million (not including vehicles or equipment). This was the model that was used to develop the original budget for the mobile teams. 2. Option 2 involves MHPs working in three teams of two, mirroring the separately funded crisis intervention pilot program of the City of Seattle Police. Operations would be seven days a week, eight hours per day, and the MHPs would be co- located at police stations, a total of 9.33 FTEs for a yearly budget of nearly $840,000 (half the cost of option 1). Because MHPs would be working in teams of two, once they arrived at a scene the police officer could leave. Since Seattle has a separately funded crisis team, the three sites would be east, south, and north. 3. Option 3 involves one team of two MHPs, centrally located at the CDF, available 24/7. The MHP team could transport people to and from the CDF, respond to police officer calls, and help at the CDF when not working out in the field. The cost of this option for 9.32 FTEs would be just over $807,000 (comparable to option 2). Eleanor Owen noted that it made sense for the MHP team to be located at the CDF. But Dan Peterson noted that travel time across the county could pose problems for a centrally located crisis team: during rush hour, it can take two hours to get from Seattle to Auburn. He asked if any data was available for travel times around the county. Lis Eddy emphasized the importance of speed for MHPs getting to a crisis situation; for unstable clients where the dynamic can change quickly, 45 minutes or an hour can be a long time. She advocated co- location at precinct offices for this reason, and also because co- location would foster better relationships between police officers and MHPs /social workers. Communication between the CDF, the MHPs, and police officers police officers who will be both city officers and county officers —will be very important in making any of the options work. Mike Finkle advocated for a combination of options two and three, and Kelli Carroll called for an "option 4 one team of MHPs at the CDF, with one or two more teams located at a precinct farther out in King County (locations such as Maple Valley, north Seattle, Federal Way). Peak evening hours (5 p.m. to 10 p.m.) would need better coverage than other hours, with a swing shift of something like 10 a.m. to 8 p.m. Workspace for MHPs at precinct officers would also need to be arranged. Again, an advantage to having some MHP presence at precinct offices would be improved communication, familiarity, and trust between CDF staff and police officers. It was pointed out that a crisis team Located at a King County Sheriffs station in south county would also need to respond to city police in the region, so that relationships would need to extend beyond the specific police unit with which the team is co- located. Liz Eddy described a common scenario, which is that a friend or family member calls police to check on a person— someone who has committed no crime and who has not threatened suicide directly. In cases where the officer determines that the person does not need to be taken to the hospital for a medical emergency or involuntarily committed to King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 4/21/2009 Page 4 of 7 the hospital via a Designated MHP(DHMP), but the officer doesn't feel comfortable leaving the person alone, a crisis team would be the perfect person to call upon as someone who could simply stay and talk with the person after the officer left. Again, in this case as well as others, the MHPs would have to travel in teams of two so that the officer could safely leave the scene. Although splitting some teams up might make sense if they are paired with the City of Seattle's crisis intervention team, single -MHP "teams" would not make sense in other cases because the number of MHP vehicles would have to be increased and because it would limit the police officers' ability to leave a crisis situation as there must be two MHPs or one MHP and one police officer at any given crisis scene. Roycee Hasuko raised the question of transportation to the CDF. The crisis mobile teams could transport clients to the CDF. However, if a crime has been committed and there is official paperwork (such as in Attachments A and B of the drafted "Legal and Eligibility Structure" memo), the police officer might be the more appropriate person to transport the client to the CDF. Eleanor pointed out that programming won't be perfect and we will learn what works and what doesn't along the way. Perhaps we could consider our program to be a pilot program like the City of Seattle's, but this might be a problem in respect to future budgets. V. Crisis Diversion Interim Service (CDIS) Amnon Shoenfeld outlined the CDIS, or respite program, to include 19.6 FTEs at a projected budget of nearly $2.09 million. The staffing plan did not break out the fact that Masters level staff could include a Chemical Dependency Professional (CDP) and the BA level could include peer support staff. CD needs will be met as well as MH needs, and the reason for the rich staffing level is that clients will just be getting out of crisis and will need to be linked with services. The program will have 25 beds with an average stay of one week, working out to about $200 per bed day, and the program is intended to serve homeless people who cannot "go home" after discharge from the CDF; so many clients of the system do not have homes to go to, Darcy Jaffe said. Barry Antos stated he believed the proposed plan for the CDIS was over staffed compared to his memory of what was discussed in the sub committee. As proposed, the program appears to be treatment oriented, whereas the sub committee envisioned the CDIS providing temporary housing to people who are stable and need minimal supervision while they connect or re- connect with the services they need. Barry expressed concern that a program that provides services (versus connecting people to existing services) runs into regulatory and licensing issues they were hoping to avoid. If the CDIS is located next to or very near to the CDF, as intended, it would be less important to have treatment available at the CDIS. Amnon asked if others believed the proposed level of treatment at the CDIS facility was too high, given that clients would sometimes be coming to the CDIS after 12 to 15 hours King County Crisis Diversion Facility, M1DD Strategy 10b Planning Meeting 4/21/2009 Page 5 of 7 195 196 at the CDF. He reiterated that there would be no MHPs or CDPs at night, only during the day; people admitted to the CDF under the influence of drugs and alcohol will need more than 12 to 15 hours to have their needs determined. Eleanor Owen thought this higher staffing level might be necessary for avoiding recidivism and that at $200 per person per day, it was a bargain. She suggested that an administrative staff person should be assigned to pull together data in support of evaluation of the program and also to assemble clinical history. Coordinating services among providers already working with consumers will be important for continuity of care Dan Peterson remembered that at the previous sub committee meeting, it was decided that the CDIS rather than the CDF would be the place where people would be linked with services. Diana Fitschen said that the CDIS had been envisioned as a respite home for the homeless where clients who are already linked up with services from an agency would be re- Linked to those services, but for those without agency case managers, new links with resources would have to be established, which she said would take time and skilled staff, including staff who could monitor medication. JoEllen Watson agreed that there would likely be many clients not already in the system; at the Psychiatric Emergency Services at Harborview about half of the clients are known within the system and about half are not known, and these are not necessarily "transplants" from other counties. Darcy Jaffe questioned the need for the nursing staff proposed in the budget, and she asked about the low figure budgeted for pharmaceuticals ($3,739). This figure does not include prescription drugs, which will be paid for differently. Discussion of RN services at the CDIS facility continued, with Barry Antos arguing that clients who need nursing care should not be at the CDIS and Diana Fitschen finding the place in the minutes of a previous meeting where it had been decided that some medical care would be provided. JoEllen Watson suggested that an Emergency Medical Technician could be an effective replacement for a nurse. Barry and Mike Finkle raised the possibility of linking the CDIS with the Medical Respite facility being developed under another MIDD strategy. Transporting clients to a clinic for medical care would avoid licensing requirements for the CDIS, clients would benefit from interaction at the clinic, and more of the 25 beds a CDIS might be made available. To this Amnon added the possibility of bringing staff from a medical clinic to the CDIS on an on -call basis. On -call contracts are less expensive; CDPs could also be contracted on an on -call basis. Summarizing the group consensus, Amnon said it leaned toward a CDIS facility that: functions more as a shelter where clients can be linked with services than a place where intensive services would be provided, is staffed with fewer professional staff (maybe LPNs rather than RNs, or neither) and some administrative assistance for data entry and coordinating phone calls and is located, preferably, next door to or within walking distance of the CDF, bu does not have to be. Location will depend on the RFP responses. King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 4/21/2009 Page 6 of 7 Other CDIS facility matters: Most rooms will be shared rooms. Dave Murphy added that space at the CDIS facility would be necessary for professionals to meet confidentially with clients and to do paperwork. Food will be outsourced: Andrea described the recommendations of Skagit and Whatcom counties that meals be brought in frozen, so that they can be reheated whenever needed, with fresh fruits and vegetables and other food available as snacks. Eleanor Owen emphasized the importance in mental health care of people being able to prepare their own food. We need to think more about how the CDIS facility should handle medication regimens begun at the CDF. V. CDF Development Timeline Andrea outlined the timeline included on the back of the agenda handout. One RFP for the CDF, Crisis Team/s and the CDIS will be circulated during the period of May to August, 2009. Organizations can develop proposals for all, one, or any combination of the programs. Sub contracting, having a lead agency or coordinating a joint proposal, will also be considered. The five months allowed for securing needed permits and licensing (October 2009 to February 2010) is ambitious but possible. Full staffing should be achieved by March, 2010 to allow for training and orientation for opening of all three programs together in April, 2010. Submitted proposals will be reviewed by MHCADSD staff with MIDD Oversight Committee input on other reviewers, perhaps including diversion center managers from other counties such as Pierce, Yakima, Spokane. After contract(s) have been selected and locations proposed, outreach will begin; all the feedback from sub committees has emphasized the importance of a public awareness campaign. Tukwila has called the MIDD program because it heard the CDF will be placed there, but no such decision has been made; proposals can include references to locations and discussions with city officials around the issue of location. The CDF should be on a major bus line, so that it's easy to get to for family members, friends, and clients themselves to get to. The person defines the crisis and does not have to be suicidal to benefit from visiting the CDF, which individuals should be welcome to do for even only a few hours at a time. The CDF would conform to the "living room" model, where people could come in for face -to -face (as opposed to over the phone) peer support. VI. Budget Revisited Returning to the earlier question of the $1.1 million budget gap, Amnon Shoenfeld said that working up option 4 for the Crisis Diversion Mobile Teams might help close that gap (this is the option that would include a centralized team and one or two outlying teams). There also could be some savings in decreasing the number or changing the professional status of the staffing at the CDIS. A new staffing model for the CDIS, possible changes to the CDF staffing model, and a new option for the crisis teams will be developed in the next few weeks and distributed by email to the group for review. Another meeting will not be scheduled, and committee members should send their email responses to Amnon and Andrea only rather than to all the members of the group because of requirements that meetings be open to the public. King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 4/21/2009 Page 7 of 7 ,4 1 i 197 198 Mental Illness and Drug Dependency (MIDD) MIDD Strategy 10b 1 Crisis Diversion Facility Planning Group February 10, 2009 9 a.m. to 12 noon Seattle City Hall, L -280 Meeting Notes Participants: Jim Adams (National Alliance on Mental Illness, NAMI), Barry Antos (Pioneer Human Services), Graydon Andrus (Downtown Emergency Service Center), Jim Benbow (VA), Trish Blanchard (Sound Mental Health), Krista Camenzind (King County Office of Management and Budget), Bob Cline (Kent Police), Nancy Cole (NAMI Greater Seattle), Kate Davis (OMB), Ed Dwyer O'Connor (Harborview), Diana Fitschen (King County Mental Health, Chemical Abuse and Dependency, MHCADSD), Dan Floyd (MHCADSD), Scott Enright (Seattle Police), Ian Goodhew (King County Prosecuting Attorney's Office, KCPAO), Russ Goedde (King County Office of Public Defender), Shirley Havenga (Community Psychiatric Clinic), V. David Hocraffer (King County Office of Public Defender), Judy Holman (Pioneer Human Services), Darcy Jaffe. (Harborview), Veronica Kavanagh (NAMI), Andrea LaFazia (MHCADSD), Barbara Linde (KC District Court), Kevin McCabe (ACA), Michelle McDaniel (PHSKC), Dave Murphy (MHCADSD), Anne Newcombe (Harborview), Kurt Ofsthus, Eleanor Owen (NAMI), Toni Rezab (DAJD), Jean Robertson (MHCADSD), Dan Satterberg (KC PAO), Jerry Scott (Navos), Amnon Shoenfeld (MHCADSD), Lois Smith (King County Mental Health Court), Kathleen Southwick (Crisis Clinic), Kathy Van Olst, Don Ward (for Kristyn Fix), JoEllen Watson (MHCADSD), Steve Williams (King County Mental Health Advisory Board). 1. Welcome and Introduction, Amnon Shoenfeld Amnon gave an overview of the development of the crisis diversion strategy. Discussion among stakeholders in the Mental Illness Drug Dependency (MIDD) plan began three years ago. Crisis diversion, non Medicaid mental health and chemical dependency services, and housing emerged as the three top priorities for MIDD. In April 2008, consultants (from the national award winning crisis diversion program in Bexar County (San Antonio), Texas and from the national GAIN program) were brought in to participate in our discussions, and we began to plan a Crisis Diversion Facility (CDF) for King County. Our plan was ambitious; whereas the Bexar County facility took five years to get up and running, we planned to be ready in much less time due to the pressing need for a facility of this kind. A lot of work has been done already. Now what we need to do is step back and review our plan and make sure we are in agreement about the goals and design of the facility and the overall strategy. We need to be cautious about our expectations: our CDF does not mean there will be no mentally ill people in jails or emergency rooms. The CDF will not be the place where everyone with mental illness and drug dependency goes. But we can accomplish a lot. What we don't want to do is simply hold people for an hour or so and release them without any supports to return to the situation that put them in crisis in the first place. Our success will be based on to what degree some people can be diverted from emergency rooms and jails and be Attachment NN King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/2009 Page 1 of 8 199 200 treated in such a way that they do not re- commit crimes or fall back into crisis. Individuals may cycle several times through the CDF, too, before they respond positively to services. Showing some quick success in placing people in needed services and avoiding criminal and emergency medical contact will be important to keep the program going. And over time, if we're successful, we'll see fewer people with mental illness and drug dependency in jail and in emergency rooms. 2. Review of Progress to Date, Jean Robertson The values, principles, and expectations that were discussed and agreed upon in the stakeholder meeting in April 2008 are listed in this meeting's handout entitled "Values, Principles, and Expectations." The fundamental values of Crisis Diversion services are that services will be collaborative (rather than judgmental or blaming), efficient, accountable (to the community while the individual is at CDF), integrated (among stakeholders), regionalized (although Seattle is the center of many services, South King County has grown and is growing; services need to be accessible to all referents, consumers, and their families), inclusive (of all stakeholders, in design, provision, and oversight of CDF services), risk reducing (for the general public, consumers, and their families), and focused on an improved quality of life (again, for the general public, consumers, and their families). The guiding principles of Crisis Diversion services are: 1) Care is holistic, trauma- focused. 2) Care is clinical rather than criminal justice in orientation; it is an alternative to jail. 3) Like the San Antonio facility, the King County CDF will not be like a hospital; instead, it will be a warm, friendly place so that people will prefer to come there instead of a hospital or jail. 4) Staff will be welcoming, collaborative, and creative, with clients, family, referents, and back -door resources. 5) Basic services such as meals and showers shall be given to consumers even if those are the only services consumers initially gain from, as a way for consumers to start to become engaged. 6) A "culture of quality improvement and problem solving" means that efforts to improve CDF services will be ongoing, that they will be based on listening, discussion, and collaboration among all the stakeholders. 7) Non violent crisis intervention and de- escalation approaches will be emphasized according to the philosophy that violent, psychotic clients can be handled non violently and without resorting to restraints; seclusion and restraints will be available at the CDF but not as a de- escalation tool -only when all attempts at de- escalation have failed. 8) Access to CDF services is user- friendly, non stigmatizing, open to walk -ins, drop -ins, drop offs by stakeholders, including family members. 9) Back -door service options, like housing, need to be available countywide; this is where we need buy -in and commitment from all stakeholders and ancillary services. 10) Racial and ethnic disproportionality needs to be addressed. 11) Professional services should not be the only ones included in treatment discussions; family and other natural supports must also be included. Dan Satterberg raised the issue of how few beds were planned for the CDF (16 beds) and that this creates a tension between hospital ER professionals and jail professionals competing for limited space. Another response he had, in particular to guiding principle #7, is that if police King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/2009 Page 2 of 8 officers were to be confident in using the CDF, there would need to be some rooms with locks on the outside of the doors. Jean Robertson responded by saying that having some locked rooms was different from having an entire locked -down facility, and that there would be rooms in the CDF that would lock. She also said that locked rooms could be referred to by some other term, such as quiet rooms. The list of expectations includes: 1) Decreased boarding in ER departments. 2) The CDF capacity for MI and CD involuntary commitments. 3) The inclusion of the developmentally disabled, brain damaged, and other individuals in crisis. 4) The importance of back -door resources (e.g., tolerant housing). 5) The need to protect funding. 6) The need for legislative support. 7) The collection and evaluation of outcome data to identify gaps and problems in services. 8) The necessity of professionals knowing exactly what the criteria are for admission to the CDF (an example given was of the laminated cards police officers in San Antonio carry with them, listing criteria for clients of the CDF). 9) Procedures for handling offender clients (see notes below for the discussion that followed Jean's introduction). 10) The need for the CDF to be law enforcement friendly. 11) Provide timely linkages to the continuum of services. 12) Including housing options (clients should not be released to the streets). 13) The importance of sharing client information (for example, among mental health care providers). 14) The availability of medical, sobering, and detox services (detox beds were almost reduced in recent budget cuts but have been restored through June 2009). 15) Ease and efficiency of bringing someone to the CDF (should be easier than booking that person into jail). Dan Satterberg suggested that expectation #1 include "decreased boarding in jails" as well as in hospitals. Bob Cline suggested that we add being a good neighbor to the list of expectations —in respect to both residences and businesses in the area of the CDF. Pre- screening procedures were discussed. Most models have some sort of pre- screening procedure; the Yakima facility is by invitation only, for example. But we wouldn't want our CDF to be restricted in that way. Family members should be able to bring a mentally ill person to the CDF themselves, for example —in their own car. We want police officers as well to be able to bring mentally ill individuals in crises to the CDF without arresting them. This is especially important because arresting mentally ill people in order to get them into services has contributed significantly to the criminalization of mental illness. Although police officers have to keep records of every arrest they make, they do not have to criminally charge every individual; many could be transported by police officers to the CDF without being charged with any offense, in this way avoiding the stigma of having a conviction that might later exclude clients from such services as housing and jobs. King County Crisis Diversion Facility, M1DD Strategy 10b Planning Meeting 2/10/2009 Page 3 of 8 201 202 Graydon Andrus of the Downtown Emergency Service Center noted that a capacity of 16 beds for the CDF may seem low, but it is 16 more beds than what we have now. Trying to get individual treatment plans together for people to address their specific problems and specialized backdoor services will be the key to making a capacity of this size work. His agency already uses a triage procedure to determine who needs scarce resources the most. He wonders about exploring programs for the people that are too extreme in their behavior —too violent, too scary —for the shelters. On the subject of follow -up care, he also suggested we need to think of some specialized back door services for these more extreme clients beyond the two weeks presently envisioned for follow -up care for clients leaving the CDF rather than thinking days or weeks down the road, we should think months down the road. Backdoor programs that don't already exist, especially for people with chemical dependencies, might need to be created. Eleanor Owen emphasized the importance of not releasing clients until they have the next place or next program to go to, and of formal, written agreements between individuals and providers at the time of release. Jean Robertson discussed how the continuum would not be perfect, that there would be people cycling and recycling through the facility and the programs as they made progress over time toward recovery. Darcy Jaffe noted that treating chemical dependency will be key and that there may be some trial and error in the implementation of the CDF, requiring some flexibility to make corrections. In future discussions of back -door programs, providers will be present. 3. Status Report, Andrea LaFazia In this part of the meeting, Andrea led the group through a seven -page status report that included two attachments: one is regarding CDF eligibility criteria from the perspective of the Prosecuting Attorney's Office, and the other regarding CDF eligibility according to medical criteria. The following notes supplement the material in that report. No upper age limit for the target population has been set; 18 is the minimum age for CDF clients. Consumers may be voluntary or involuntary and, if involuntary, may be required to stay for different periods of time, depending on the requirements of the condition or designation they present with. RCW 70.96A provides for involuntary holds for up to 72 hours of clients who are under the influence of alcohol. RCW 71.05 provides for involuntary holds for up to 6 hours (12 hours if originally brought in by police) for consumers suspected of being a danger to themselves or others, or gravely disabled. The purpose of this hold is to give time for the Designated Mental Health Professional to arrive and evaluate the person for commitment. If the DMHP initiates involuntary commitment, the person would need to be transferred to an evaluation and treatment facility (E &T). The CDF would not be an E &T Consumers who are brought to the CDF by police may be held up to 48 hours under a police hold, during which time the crisis might be de- escalated and treatment services arranged; police could be called back if the consumer refuses to cooperate or demands to leave. King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/2009 Page 4 of 8 The location will be between south of the downtown Seattle core and the Southcenter area, with easy access from I -405 and 1 -5. KC Deputy Prosecutor Ian Goodhew presented the material in the first attachment regarding criteria for entrance to the CDF. After working with King County jail administrators, it was decided that the list of offenses on the attachment could be expanded to include people with misdemeanor drug charges (people arrested with three grams or less). Failure to respond to written notices is another charge that can be added to divertable offenses, and there are lots of people in that category who have mental illness or drug dependency. Kathy Van Olst described the snapshot that had been taken of misdemeanor charges made over the last six months and said that they spent a Iot of time with people with mental illness "tags these are some of the people that would be helped by the CDF. In the six month period of the snapshot, 160 people in jail with mental illness tags were identified. Amnon noted that the significant addition the King County CDF will make to national crisis diversion programs is the inclusion of people with chemical dependency. The need for diversion for chemically dependent people is clear, with mentally ill people occupying 5 15 percent of the jail population, and people abusing alcohol and drugs occupying 60 -70 percent of the jail population. Darcy Jaffe underscored the importance of including this population. A concern was raised about the exclusion of domestic violence crimes from the list of offenses eligible for referral to the CDF. However, state law requires that domestic violence offenders be booked into the jail system. There was some discussion of advocating for a change in statute so that, for example, domestic violence crimes committed by platonic roommates (currently covered under domestic violence laws) could be excluded from the jail requirement, and officers could then have the option of referring these offenders to the CDF. The Mental Health Court might be a place to address this problem. Mike Finkle said that public safety concerns will guide decision making in the field of who should be booked into jail rather than taken to the CDF. People suspected of felonies or violent misdemeanors will be booked into jail. A criminal history of violence (within the past 5 to .7 years) would also preclude diversion to the CDF. The City Prosecutor's Office is comfortable with that time frame. Amnon Shoenfeld said that KC MHCADSD would prefer the lower number of a violent crime committed within the last five years as the standard for ineligibility for diversion. The judgment of the individual officer at the scene will be important in determining where to take the person. Amnon reviewed the suggested criminal hold procedure. A copy of the contact report a police officer files could be kept on file at the facility. If the person cooperates and follows a treatment plan, the form would go nowhere and there would be no mark on his or her criminal record. Darcy Jaffe presented the medical exclusion criteria for hospital diversion, which were arrived at after studying other CDFs, particularly one in Spokane County. She commented that emergency departments in Spokane County had not seen a decrease in Emergency Department (ED) admissions as a result of the CDF, but they did see a reduction in the length of stay. In King County Crisis Diversion Facility, M1DD Strategy 10b Planning Meeting 2/10/2009 Page 5 of 8 203 204 the King County plan, there are other MIDD strategies that may help reduce admissions to emergency departments. Another suggestion was to change the language from "divert" to the CDF to "refer" to the CDF. People who are combative and out of control are having a behavioral emergency; they need emergency department care and should not be diverted to the Crisis Diversion Facility. The question of lab work and screening was raised. Although there are CDFs where medical screening is done, it might not be a service at the King County CDF. The discussion then returned to proposed policies on police referrals to the CDF and how long clients could be held: 24 hours? 48 hours? And is this time measured from the time of arrest? How do we ensure that a client who might be prosecuted is not released back into the community from the CDF? How do we treat people for mental illness without unnecessarily criminalizing them? Ian Goodhew discussed the meaning of "diversion" as a sort of democratic coercion, offering people a choice between treatment or charges. Coercion in this sense could entail the arrested person being required to sign a paper presented by the police officer, stating that the person agreed to stay in the CDF for a certain period of time. If at any point the person decided not to stay for the agreed period of time, or treatment was not working out, that person would be given back to police custody. An example of this kind of situation would be when someone who has committed theft or property violation (breaking a shop window, for example), the police officer would have the option of taking this person to the CDF. In other words, there would be an arrest but no charge or conviction. The CDF would need to hold the person for a minimum length of time. Officers need to know that the CDF is a good choice; that the person won't be back on the street in four or six hours. Ian considers 48 hours a good outside window. Seattle Police CIT officer Scott Enright noted that the proposed criminal hold process is not much different than what is currently in place at Harborview. A problem for police officers is the impression that exists that confidentiality prevents Harborview from calling police when a person with a criminal hold is finished with his or her evaluation. Harborview professionals explained that they do collect consent from patients that the police will be called if they decide they want to leave, but that consent can be withdrawn by the patient. Officer Enright suggested that if the criminal hold process is put in place at the CDF, we need to make sure it actually operates that way. If this issue is addressed properly, it will be a great incentive for police officers to take people to the CDF rather than to the jail. He believes a civilian security officer would be necessary at the CDF. There are a number of alternatives to people in crisis being charged with crimes that might lead to eventual conviction. A person asking for help when confronted by police officers does not have to be arrested, depending on the infraction. And a person requesting transportation to the CDF might not have to agree to a minimum stay of 48 hours. Bob Cline explained that a police officer could even put handcuffs on an individual and then listen to his her story and decide whether or not to make an arrest. Police officers can even "unarrest" people. There is room for communication between officers and individuals. King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/2009 Page 6 of 8 Police training will be important to the success of this program, including training that helps officers adjust their sights to the likelihood of seeing some of the people they take to the CDF back on the streets again: some will be back on the streets as they go through the cycle a number of times before being helped in a long -term way, and some will be helped more immediately. Dave Murphy (MHCADSD) noted that training is already included as part of MIDD. The idea is that although not all people going through the CDF will be immediately helped by it, some will be helped over time, and although not everyone with mental illness or drug dependency will be helped by the CDF, some will be helped who would not have been without the existence of the CDF. Although the KC CDF will need some kind of security for clients who decide not to cooperate, our emphasis will not be on locked rooms, restraints, and burly guards. In the voluntary diversion program in Pierce County, only 20 -24 people out of 3,600 admissions last year needed to be put in a seclusion room, and staff only had to call 911 twice n a one year period for help with people who were out of control. Other professionals should be involved in crisis intervention in addition to police. Community Psychiatric Clinic and Harborview had a jail diversion program that could offer some kind of model for crisis intervention teams. Family members can help get a person to the CDF, either voluntarily by transporting him or her there, or involuntarily by calling Crisis and Commitment Services (CCS). There might be situations when CCS could also be called rather than the police when a client decided he or she did not want to stay at the CDF. Medical staff at EDs also need training in how to evaluate patients for mental illness and therefore who to refer to the CDF. This training should include how to consult family members for the patient's history. Amenities at the CDF: Psychiatric medication will be available. Food will be brought in as this is more cost effective than having food prepared on site. Laundry facilities will be on site for clients to use for clothing. We are still discussing whether ambulance transport to the CDF will be reimbursed by the state; police officers will also be transporting clients to the CDF. Size of the facility: Amnon acknowledged that 16 beds are not enough. But the number is based on the ceiling for Medicaid reimbursement as well as the budget for the strategy. And the 16 bed figure does not mean that only 16 clients will be served at a time. Some clients will be there for less than a day. We want to follow a no- refusal policy, so we will need to rely on back -door services a lot, referring people who come through the CDF to other facilities. 4. Stakeholder Perspectives, Jim Adams, Kathy Van Olst, Bob Cline Jim Adams (NAMI) spoke as an advocate of the mentally ill. Legislatively, a lot of progress has been made because advocates have helped train and educate legislators. Eighty -five percent of people do not know they have a mental illness until they are arrested. Two years ago, the Jail Diversion Bill was passed. In the last four years, we've seen a flood of bills that have increased the amount of dollars spent on mental health, and we've also seen a philosophical change, a structural change. One change is the emphasis now on recovery. Most mentally ill people can become productive citizens. The first step always is working past the patient's own denial. Jim spoke about his son's experience with mental illness. If the census King County Crisis Diversion Facility, M1DD Strategy 10b Planning Meeting 2/10/2009 Page 7 of 8 205 206 grows by one million, King County will have 50,000 more mentally ill people in its population. With its intellect, its experience, and its motivation, King County sets a great example of how to respond to the fact of mental illness in our community. Kathy Van Olst corroborated Jim's comments, adding that the criminal justice system is committed to being a partner. Pieces on the criminal justice side still need to be worked out, but we all feel as the community feels: that we need to move forward in decriminalizing mental illness. Bob Cline of the Kent Police Department spoke of the frustration of police officers in Auburn and Kent. Because of an increase in the population and an increase in Section 8 housing, we need to expand our resources in south KC. He spoke of the need for police officer training in compassion for the families of those with mental illness as well as for the mentally ill themselves. 6. Next Steps and Issues to be Resolved, Jean Robertson and Amnon Shoenfeld Before we are ready for Request for Proposals (RFPs) to go out for implementation of the CDF, we need to work out the policies and collaborations for backdoor services. In addition to the CDF itself, there will be mobile crisis teams, and we need to specify what their role will be and what they will look like. We will continue to work on the criteria for referral to the CDF and the hold criteria, specifically: 1) What licensing requirements we'll need to meet, 2) What the difference is between clients who are there voluntarily and those who are there involuntarily, and 3) What the hold criteria for people brought in by the police will be. Transportation is another piece of the project that needs to be worked out. Site choice will be part of the RFPs, and we plan to have the RFPs out by June 2009 with the intent to open the facility in 2010. The budget has changed due to the economy. In 2007, we submitted figures we had gathered based on the CDF in Pierce County and respite care in King County, and we came up with a $6 million budget. Now we must add 10 percent to that cost; staff will be more expensive, too, leaving a gap of approximately $1.8 million. We need to go back now and revise our plan accordingly; making sure respite care is in place. King County Crisis Diversion Facility, MIDD Strategy 10b Planning Meeting 2/10/2009 Page 8 of 8 L43 King County Mental Health, Chemical Abuse and Dependency Services Division Department of Community and Human Services CNK -HS -0400 401 Fifth Avenue, Suite 400 Seattle, WA 98104 206 263 9000 206 -296 -0583 Fax 206 205 -1634 Fax Clinical Svcs. 206 205 -0569 TTY/TDD MIDD Strategy 1Ob, Crisis Diversion Facility (CDF) Medical Population Sub Committee January 9, 2008 Chinook Building Chair: Darcy Jaffe, ARNP (Assistance Administrator, Patient Care Services, Harborview Medical Center and MIDD Oversight Committee Member) Participants: Diana Fitschen, Amnon Shoenfeld, Andrea LaFazia, John Bruels, Dan Floyd, Christi Sahlin, Mike Finkle, Barry Antos, Elise Elliot, Anne Newcombe, Mark Thomasseau, Ray Jarris, MD, Lara Knutson, Kim Baisch, Linda Crome, Sue Rahr, Christina Lacy, Gene McNatt, Jacqueline Raftery, Julianne Yu, JoEIIen Watson, Bruce Webster, Carla Trolia, Mike Finkle Overview of the Mental Illness and Drug Dependency Action Plan (MIDD) and strategy 10b (Crisis Diversion Facility) (Amnon Shoenfeld, Director of King County Mental Health, Chemical Abuse and Dependency Services Division) The Crisis Diversion Facility (CDF) is an important part of the larger MIDD to try and divert people in crisis away from the jail and hospital emergency departments. Planning for the CDF began in the spring of 2008 and started with a visit from officials from the Substance Abuse and Mental Health Services Administration's National GAINS Center and the award winning crisis center in San Antonio, Texas. Since the summer of 2008 meetings have been held discussing various aspects of the CDF project including: Backdoor services, Crisis Teams, Transportation, Licensing and defining the population to be served from a law enforcement diversion perspective. Attachment 00 207 208 MIDD Strategy 10b, CDF Population Sub Committee January 9, 2009 Page 2 The goal of this meeting will be to help define the population of people in mental health and chemical abuse crisis that normally are sent to hospital emergency departments but could be diverted to the CDF. A request for proposals could be issued for the CDF and attached services as soon as March, 2009. The RFP will be in three parts; for the CDF itself, an attached respite program (Crisis Diversion Interim Service) and a mobile crisis team. o Bids could be submitted for individual parts or all three. Concurrent with the development of the CDF will be Crisis Intervention Training (CIT) for police. County staff is working on putting together a model for how the CDF will function to present to a meeting of the larger planning group next month for feedback. Staffing at the CDF could be Master's level mental health professionals, RN's, an ARNP and peer support specialists. Hospital diversion is considered both Emergency Department visits and hospital admission. o For example: referrals could be accepted from Emergency Departments of people in crisis who would normally be admitted to a psychiatric unit for lack of any better alternative. Helpful feedback from this group would include discussion on what sort of problems people face that don't need to be addressed in an Emergency Department and could be diverted to the CDF. o Related to this would be discussion on the types of problems that really are medical emergencies and need a hospital visit to sort out. II. Goals and Discussion (Darcy Jaffe) A handout was provided that outlines the inclusion and exclusion criteria for the crisis programs for Spokane, Thurston -Mason County and San Antonio, Texas. o Generally, criteria are very similar; people must be in reasonably good behavioral control, able to manage their own activities of daily living and not be medically unstable. o The program in San Antonio is situated on a campus of service providers including a full medical center. o Spokane has no licensed medical providers on site, does not have the capacity to prescribe or dispense medications but is only block from an Emergency Department. o Thurston -Mason County's program does have a nurse on site 24/7 and the county involuntary inpatient unit (E &T) is in the same building. Since the CDF will not be licensed as an Evaluation and Treatment Facility (E &T) there will not be the capacity to accept people detained under the state commitment law. MIDD Strategy 10b, CDF Population Sub Committee January 9, 2009 Page 3 Boarding people detained by the Designated Mental Health Professionals (DMHP's) in community hospital Emergency Departments for lack of bed space in the county E &T's is a significant issue. o It is hoped that diverting people to the CDF that would normally be evaluated and possibly detained will help relieve some of the pressure on bed space that is the cause of the boarding problem. The observation was made that boarding is not as much of a problem for emergency departments as is the wait time for DMHP's to respond to referrals. o It is hoped that the CDF will represent a better option for people in crisis in the community who would normally be referred to Crisis and Commitment Services, thus relieving some of the pressure on the number of referrals and improving response time. While the planned capacity for the CDF is 16 beds, it is hoped that the number of people served at any time could be higher. o Not all people taken to the CDF may need to be admitted to a "bed" helping to improve flow. o Pierce County has been able to hold to a 20 -hour average length of stay proving the 24 hour stay target for the CDF is attainable. o The attached Crisis Diversion Interim Service (respite beds) may also help with moving people through the program. Intake to the CDF could initially be screened over the phone. o Police could call in from the scene of a situation to screen cases and see if Emergency Department, Jail booking or CDF placement is appropriate. o CIT training will be an important support of officers in this process. o Violent, restrained and out -of- control persons will probably be excluded from the CDF and will need to be either sent to an Emergency Department or booked into jail. o The CDF will probably not be a secure, involuntary facility. The observation was made that if police could not bring violent or out -of- control people to the CDF it defeats the purpose and is of no help to law enforcement. o The logic being that if public safety is not at risk, police should not intervene. o Cooperative and voluntary people could be left to themselves or concerned others to intervene and bring them to the CDF. o Co- location with a hospital or jail might help with security and improve the CDF's capacity to take people on an involuntary basis. The CDF is hoped to be a jail diversion program but still be voluntary in nature. o Police investigating suspected petty crimes where the true issue is mental health or substance use crisis could use jail booking as leverage to get a person to "volunteer" to go to the CDF. o The presence of a uniformed officer on the scene also adds leverage to a person's "choice" to go to the CDF. 209 210 MIDD Strategy 10b, CDF Population Sub Committee January 9, 2009 Page 4 o All of the programs studied in the CDF planning process are "voluntary" although most have doors and windows that are locked, preventing people from walking away unnoticed. Distinguishing a "crisis" (and could go to the CDF) from a true "emergency" (that would need a hospital visit) will be important. o A crisis might be someone thinking of suicide, behaving erratically due to psychosis or impairment by drugs or alcohol. o An emergency may be someone who is delirious, combative, in withdrawal or otherwise medically unstable. Location and transportation are key issues especially for outlaying areas such as the south and east county. o The Duwamish Valley is being considered, south of downtown to Tukwila. o With easy freeway access, it is hope this will help with access from the south county. o One possibility would be for hospitals to pay into a pool or on a case by case basis for ambulance transportation to the CDF. o Another possibility would be for hospital foundations to pay for a van to transport people. People who are seen in the field ought to be able to go directly to the CDF without having to be screened at an emergency department first. o Fire Department screening may be important here. o Also, a good reason to have medical support at the CDF (nursing staff). o Many people in crisis may medical problems but are not acute to the point of needing an emergency department. o It should be noted that requests to go to an emergency department will have to be honored. Given the voluntary aspect of the CDF it should be inviting enough to the point where people want to come. o However, a balance has to be struck between being welcoming but not encourage people to stay indefinitely. Some suggestions to help with the intake process with the CDF o Crib sheets or laminated flowchart cards for police to help sort out proper routing to medical, jail or CDF o Access to the computer database, Client Locator System, at the CDF to help direct clients of the mental health system to their providers. o A form or screening tool the police or fire department could use to help communicate important information about people they refer to the CDF. o On -line verification of medical benefits to help recoup costs. Some medical capacity would be helpful at the CDF. o Ability to address some chronic health problems such as monitor blood sugar and changing simple dressings. MIDD Strategy 10b, CDF Population Sub Committee January 9, 2009 Page 5 III. Adjournment o Ability to start new psychiatric medications may be possible but expectations should be held in check. o Co- location at a hospital might help with medical and medication issues but how to manage the cost of these services is a challenge. A date will be set for the next general work group meeting in the coming week. Contact John Bruels (iohn.bruels(@_kinacountv.aov) or Andrea LaFazia (andrea.Iafazia(a.kinacount.aov) with questions or feedback. Prepared by: John Bruels 21 1 212 Attachment PP 213 214 III Tukwila, WA 98188 King County Landlord Rep. JSH Properties, Inc. Chuck Wiegman 206 244 2000x170 Leasing Company Morris Piha Real Estate Services Billy Poll 425 974 -4232 Dean A. Altaras 425 974 -4209 9,094 SF (224 -2,856 SF) Building Notes: 12/31/99 The building was purchased by Antezana Investors LLC for $1,750,00 Kidder, Mathews Segner, Inc. represented the buyer Colliers International represented the seller Building has prime location with freeway access at 1 -50 and 1-405 hub. Property is minutes from Southcenter, SeaTac airport and downtown airport and downtown. Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Type. Class B Office Building Status. Built 1981 Building Size. 18,282 SF Typical Floor Size: 9,141 SF Building Type. Building Status. Building Size. Typical Floor Size. Stories. Expenses. Parking For Sale. Stories. 2 Leased: 50.3% Parking 75 free Surface Spaces are available; 35 Covered Spaces are available; Ratio of 4.20/1,000 SF For Sale Not For Sale WON- Space Avail: 9,094 SF Max Contig: 9,094 SF Smallest Space. 224 SF Rent/SF/Yr $14.00 Class Class C Office Space Avail 2,548 SF Built 1980 Max Contig 1,332 SF 8,700 SF Smallest Space. 1,216 SF 8,700 SF Rent/SF/Yr $13.00 1 Leased 100% 2009 Tax $1.74 /sf Ratio of 6.00/1,000 SF Not For Sale Landlord Rep. The Andover Company, Inc. Jeff J. Crane 206 336 -5336 Joel Conner 206 -244 -0770 2,548 SF (1,216 -1,332 SF) Building Type. Class C Office Building Status. Built 1980 Building Size: 10,018 SF Typical Floor Size. 10,018 SF Stories. 1 Expenses. 2009 Tax $1.74 /sf Parking. 42 free Surface Spaces are available; Ratio of 4.19/1,000 SF For Sale. Not For Sale Space Avail 5,783 SF Max Contig 5,783 SF Smallest Space: 5,783 SF Rent/SF/Yr $10.00 Leased. 42.3% Landlord Rep. GVA Kidder Mathews Brian Clapp 206 248 -7316 5,783 SF (5,783 SF) Building Notes: Freeway visibility at major 1 -5 off-ramp. Excellent location provides immediate access to 1 -405 and 1 -5 and is 5 minutes to SeaTac International Airport. Superior construction throughout. Direct access from 1 -5 southbound (building is located at the end of the end of ramp at exit 154). Less than one mile away from new light rail transit station. Building neighbors Extended Stay America hotel. This copynghted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 2 Tukwila, WA 98168 King County AKA 10411 Martin Luther King Jr Way Tukwila, WA 98178 King County Tukwila, WA 98188 King County t'h r�i��ec1� Par Building Type. Class B Office Space Avail 88,148 SF Building Status. Built Jan 1987, Renov Max Contig 41,591 SF 1995 Smallest Space. 7,673 SF Building Size. 175,000 SF Rent/SF/Yr $13.00 $14.00 Typical Floor Size. 87,500 SF Leased 83.2% Stories. 2 Expenses 2008 Combined Tax/Ops $4 79 /sf Parking 180 Surface Spaces are available; Ratio of 4.0011,000 SF For Sale. Not For Sale Landlord Rep Sabey Corporation Joe Sabey 206 277 -5207 65,366 SF (12,163- 29,428 SF) Sublet Contact: Jones Lang LaSalle Hans Kemp 206 607 -1718 Rob Nielsen 206 607 -1722 22,782 SF (7,673 15,109 SF) Building Notes: Riverfront Technical Park is a 175,000 sf, Class A commercial building located in the South Seattle area. It is occupied with aviation oriented companies and would be ideal for engineering or other related professional services. Large contiguous areas and abundant infrastructure would also support training, call center or office uses. It offers ample parking and easy access to 1 -5, 1-405, Hwy 99, Hwy 599 and East Marginal Way Building Type. Building Status. Building Size Typical Floor Size. Stories. Parking. For Sale. Sales Company CB Richard Ellis: Chris Aberg (206) 442 -2713 Landlord Rep CB Richard Ellis Chris Aberg 206 -442 -2713 13,881 SF (13,881 SF) Building Type. Class C Office Building Status. Built 1987 Building Size: 8,000 SF Typical Floor Size, 8,000 SF Stories: 1 Parking 43 Surface Spaces SF For Sale. For Sale Active Class C Office Space Avail 13,881 SF Built 1961 Max Contig. 13,881 SF 17,223 SF Smallest Space 13,881 SF 4,500 SF Rent/SF/Yr For Sale Only 2 Leased 19.4% 22 Surface Spaces are available; Ratio of 0.80/1,000 SF For Sale at $2,950,000 ($171.28/SF) Active Space Avail 2,000 SF Max Contig. 2,000 SF Smallest Space. 2,000 SF Rent/SF/Yr $19.00 Leased 100% are available, Ratio of 4.00/1,000 Sales Company The Andover Company, Inc.. Jim Bisset (206) 336 -5334 Landlord Rep The Andover Company, Inc. Jim Bisset 206 336 -5334 2,000 SF (2,000 SF) This copyrighted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 3 215 216 Tukwila, WA 98188 King County Building Type: Class C Office Building Status: Built 1972 Building Size: 22,329 SF Typical Floor Size. 11,775 SF Space Avail. 22,329 SF Max Contig: 22,329 SF Smallest Space: 5,000 SF Rent/SF/Yr $12.00 Stories. 2 Leased. 0% Expenses: 2009 Ops $7 15 /sf, 2003 Est Ops $5.80 /sf Parking: 70 free Surface Spaces are available; Ratio of 3.00/1,000 SF For Sale. For Sale at $4,000,000 ($179.14/SF) Active Sales Company Hill Raaum Pietromonaco: Mark Scalzo (206) 232 -7509, John Pietromonaco (206) 232 -7502 x2 Landlord Rep• Hill- Raaum Pietromonaco Mark Scalzo 206 232 -7509 John Pietromonaco 206 232 7502x2 22,329 SF (5,000- 11,307 SF) Building Notes_ 12/02: Pietromonaco /PB LLC purchased the building from Pitney Bowes Properties Inc. Please reference Comps #KGC- 72332 -02 -0320 for more information. Tukwila, WA 98188 King County Building Type. Class B Office Building Status. Built Jan 1970, Renov 1980 Building Size. 33,175 SF Typical Floor Size. 31,658 SF Stories. 3 Parking: 124 free Surface Spaces are available; Ratio of 4.00/1,000 SF For Sale. Not For Sale Landlord Rep The Andover Company, Inc. Michael A. Hemphill 206- 336 -5325 15,992 SF (447 -7,575 SF) Building Notes: High Visibility Corner Located one block east of Westfield Shoppingtown (formerly Southcenter Mall) Strategic Location Provides immediate access to 1 -405 and 1 -5 Walking distance to shopping, restaurants, banking, and a jogging trail. Generous Parking 4 stalls per 1,000 USF are provided, free and non reserved. Quality Construction Concrete and steel construction offers quality office space This copyrighted report contains research licensed to enterpriseSeattle 467390 Space Avail. 15,992 SF Max Contig: 11,711 SF Smallest Space. 447 SF Rent/SF/Yr $8.50- $12.50 Leased. 74.6% 4/8/2010 Page 4 Tukwila, WA 98188 King County Tukwila, WA 98188 King County T.I's Available. Building Type. Class B Office /Medical Building Status: Built 1968, Renov 1998 Building Size. 7,126 SF Typical Floor Size. 2,333 SF Stories 3 Expenses. 2009 Tax $1.27 /sf Parking: 34 Surface Spaces are available, Ratio of 4 93/1,000 SF For Sale. Not For Sale Building Type. Class B Office Building Status: Built 1980 Building Size. 19,800 SF Typical Floor Size. 9,900 SF Stories. 2 Parking: 63 free Surface 4.00/1,000 SF For Sale: Not For Sale Space Avail Max Contig Smallest Space Rent/SF/Yr Leased Landlord Rep JSH Properties, Inc. 206 244 -2000 Leasing Company Lambert Financial Services, Inc. Matthew Lambert 206 774 -3151 384 SF (192 SF) Building Notes 11/04 M M Management LLC, represented by GVA Kidder Mathews puchased the building JSH Properties, Inc. represented the seller Utilika Foundation For more information please reference Comps KGC- 65033 -12 -0420 384 SF 192 SF 192 SF $25.00 946% Space Avail 3,834 SF Max Contig: 2,107 SF Smallest Space. 1,727 SF Rent/SF/Yr $20.00 Leased 89 4% Spaces are available, Ratio of Landlord Rep Colliers International 206- 223 -0866 Leasing Company NAI Puget Sound Properties Inc. Michael George 425 -586 -5600 Nick Fletcher 425- 586 -5600 3,834 SF (1,727 -2,107 SF) Building_Notes: Southcenter Corporate Square is a 220,548 square foot garden -style office park located one block south of Southcenter Mall. The project has an exceptional location close to major freeways and arterials, Sea -Tac Airport, and the expanding south -end labor pool. Southcenter Corporate Square is adjacent to the recently created Tukwila Pond Park, and is surrounded by a concentration of amenities that is second only to downtown Seattle and Bellevue The project consists of eleven 2 -story wood- framed buildings of approximately 20,000 square feet each. The project has a generous parking ratio of 4 stalls per 1,000 square feet. The project was constructed in 1980 and substantially renovated in 1997 to bring the project up to modern -day standards. This copyrighted report contains research licensed to enterpriserteattle 46739D 4/8/2010 Page 5 217 218 U 55$ 1tldo r: T Is Available Tukwila, WA 98188 King County T.I's Available. Tukwila, WA 98188 King County Building Type Building Status: Building Size. Typical Floor Size Stories. Class B Office Built 1980 20,000 SF 10,000 SF 2 Space Avail: 10,289 SF Max Contig: 10,289 SF Smallest Space. 5,000 SF Rent/SF/Yr $20.00 Leased 48.6% Expenses: 2009 Tax $0.49/sf Parking: 63 Surface Spaces are available; Ratio of 4.00/1,000 SF For Sale. Not For Sale Landlord Rep Colliers International 206 223 -0866 Leasing Company NAI Puget Sound Properties Inc. Michael George 425- 586 -5600 Nick Fletcher 425 586 -5600 10,289 SF (5,000- 10,289 SF) Building Notes: Southcenter Corporate Square is a 220,548 square foot garden -style office park located one block south of Southcenter Mall. The project has an exceptional location close to major freeways and arterials, Sea -Tac Airport, and the expanding south -end labor pool. Southcenter Corporate Square is adjacent to the recently created Tukwila Pond Park, and is surrounded by a concentration of amenities. The project consists of eleven 2 -story wood- framed buildings of approximately 20,000 square feet each. The project has a generous parking ratio of 4 stalls per 1,000 square feet. The project was constructed in 1980 and substantially renovated in 1997 to bring the project up to modern -day standards. The onsite amenities at the project include a project conference room, fitness center and coffee /food service. Building Type. Class B Office Building Status: Built 1980 Building Size. 19,610 SF Typical Floor Size. 19,903 SF Stories. 2 Parking 64 Surface Spaces SF For Sale. Not For Sale Space Avail 844 SF Max Contig: 844 SF Smallest Space: 844 SF Rent/SF/Yr $20.00 Leased. 95.7% are available; Ratio of 4.00/1,000 Landlord Rep Colliers International 206 223 -0866 Leasing Company NAI Puget Sound Properties Inc. Michael George 425 586 -5600 Nick Fletcher 425 586 -5600 844 SF (844 SF) Building Notes: Southcenter Corporate Square is a 220,548 square foot garden -style office park located one block south of Southcenter Mall. The project has an exceptional location dose to major freeways and arterials, Sea -Tac Airport, and the expanding south -end labor pool. Southcenter Corporate Square is adjacent to the recently created Tukwila Pond Park, and is surrounded by a concentration of amenities. The project consists of eleven 2 -story wood framed buildings of approximately 20,000 square feet each. The project has a generous parking ratio of 4 stalls per 1,000 square feet. The project was constructed in 1980 and substantially renovated in 1997 to bring the project up to modem -day standards. The onsite amenities at the project include a project conference room, fitness center and coffee /food service. This copynghted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 6 Tukwila, WA 98188 King County Tukwila, WA 98188 King County 4r TrOtt titta* Building Type Class B Office Building Status. Built 1980 Building Size. 19,719 SF Typical Floor Size. 10,000 SF Stories. 2 Parking: 64 Surface Spaces SF For Sale. Not For Sale Landlord Rep Colliers International 1206- 223 -0866 Leasing Company NAI Puget Sound Properties Inc. Michael George 425 586 -5600 Nick Fletcher 425 586 -5600 10,470 SF (2,000 -6,242 SF) Building Notes_ Southcenter Corporate Square is a 220,548 square foot garden -style office park located one block south of Southcenter Mall. The project has an exceptional location dose to major freeways and arterials, Sea -Tac Airport, and the expanding south -end labor pool. Southcenter Corporate Square is adjacent to the recently created Tukwila Pond Park, and is surrounded by a concentration of amenities that is second only to downtown Seattle and Bellevue The project consists of eleven 2 -story wood- framed buildings of approximately 20,000 square feet each. The project has a generous parking ratio of 4 stalls per 1,000 square feet. The project was constructed in 1980 and substantially renovated in 1997 to bring the project up to modern -day standards. ihe 5W m il= Building Type. Class B Office Building Status. Built 1980 Building Size. 20,791 SF Typical Floor Size: 10,335 SF Stories. 2 Space Avail. 10,470 SF Max Contig: 10,470 SF Smallest Space. 2,000 SF Rent/SF/Yr $20.00 Leased' 46.9% are available, Ratio of 4.00/1,000 Space Avail. 11,100 SF Max Contig: 11,100 SF Smallest Space 4,000 SF Rent/SF/Yr $20.00 Leased 46.6% Expenses: 2003 Est Ops $6.48/sf Parking Free Covered Spaces; 134 Surface Spaces are available; Ratio of 4.00/1,000 SF For Sale Not For Sale Landlord Rep Colliers International 206 -223 -0866 Leasing Company NAI Puget Sound Properties Inc. Michael George 425 -586 -5600 Nick Fletcher 425 586 -5600 11,100 SF (4,000 11,100 SF) Building_Notes_ Southcenter Corporate Square is a garden -style office park located one block south of Southcenter Mall. The project has an exceptional location close to major freeways and arterials, Sea -Tac Airport, and the expanding south -end labor pool. Southcenter Corporate Square is adjacent to the recently created Tukwila Pond Park, and is surrounded by a concentration of amenities that is second only to downtown Seattle and Bellevue. The project consists of eleven 2 -story wood framed buildings of approximately 21,000 square feet each. The project has a generous parking ratio of 4 stalls per 1,000 square feet. The project was constructed in 1980 and substantially renovated in 1997 to bring the project up to modern -day standards. This copynghted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 7 219 220 Building Notes: Tukwila, WA 98188 King County Tukwila, WA 98188 King County Tukwila, WA 98188 King County zk cent' Building Type Building Status. Building Size. I ypical Floor Size. Stories. Expenses Parking For Sale. 2003 Est Ops $6.47 /sf 135 Surface Spaces are available; Ratio of 4.00 /1,000 SF Not For Sale Landlord Rep Colliers International 206 223 -0866 Sublet Contact: CB Richard Ellis Geoff Pendergast 425 -462 -6950 Brian Kenny 425 -462 -6910 10,000 SF (10,000 SF) Building Notes: Southcenter Corporate Square is a garden -style office park located one block south of Southcenter Mall. The project has an exceptional location close to major freeways and arterials, Sea -Tac Airport, and the expanding south -end labor pool. Southcenter Corporate Square is adjacent to the recently created Tukwila Pond Park, and is surrounded by a concentration of amenities that is second only to downtown Seattle and Bellevue. The project consists of eleven 2 -story wood framed buildings of approximately 21,000 square feet each. The project has a generous parking ratio of 4 stalls per 1,000 square feet. The project was constructed in 1980 and substantially renovated in 1997 to bring the project up to modern -day standards. 140114441016\ Class B Office Built 1980 20,791 SF 23,707 SF 2 Nag Jo Building Type. Class B Office Building Status. Built Jan 1979 Building Size: 18,845 SF Typical Floor Size. 9,422 SF Stories: 2 Expenses. 2009 Tax $1.30 /sf Parking' 79 Surface Spaces are available; Ratio of 5.00/1,000 SF For Sale: Not For Sale Landlord Rep Pacific Real Estate Partners, Inc. Wyk Parker 425 974 -4000x330 Dan Foster 425 974 -4022 3,800 SF (1,800 -2,000 SF) The IPTN Building is located in the heart of Southcenter with signage available. Building Type: Class B Office Building Status: Built 1986, Renov Jan 1997 Building Size. 10,390 SF Typical Floor Size. 10,390 SF Stories: 1 Parking: 27 Surface Spaces are SF For Sale: Not For Safe Space Avail. 10,000 SF Max Contig: 10,000 SF Smallest Space. 10,000 SF Rent/SF/Yr $12.00 Leased 100% Space Avail: 3,800 SF Max Contig: 2,000 SF Smallest Space. 1,800 SF Rent/SF/Yr $15.00 Leased 79.8% Space Avail 2,819 SF Max Contig 1,578 SF Smallest Space: 1,241 SF Rent/SF/Yr $19.00 Leased 100% Landlord Rep The Andover Company, Inc. David C. Dunn 206 336 -5326 Jim Bisset 206 336 -5334 2,819 SF (1,241 -1,578 SF) This copynghted report contains research licensed to enterpnseSeattle 467300 available; Ratio of 4.00/1,000 t' 1i? •�JX fl 4/8/2010 Page 8 4 Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Type. Class B Office Building Status. Built 1971 Building Size 10,843 SF Typical Floor Size. 5,813 SF Stories 2 Parking: 58 free Surface 5.00/1,000 SF For Sale. Not For Sale Landlord Rep The Andover Company, Inc. Michael A. Hemphill 206 336 -5325 3,686 SF (1, 260 -2,426 SF) Building Notes: Baker Square is situated on a high visibility corner located one block east of Westfield Shoppingtown (formerly Southcenter Mall) and offers a strategic location, providing immediate access to 1-405 and 1 -5, and is within walking distance of shops, restaurants, banking, and a jogging trail. Features include an MRI Center (Southcenter Imaging is an existing tenant on the first floor of the project). Building signage is available to provide tremendous company exposure and parking is abundant with over 5 stalls per 1,000 square feet leased Long -term ownership ensuring stable and quality tenant environment. i Jul. -.t r „'a;t+r.1 Building Type. Class B Office Building Status. Built 1981 Building Size. 54,042 SF Typical Floor Size: 27,021 SF Stories: 2 Space Avail 3,686 SF Max Contig. 2,426 SF Smallest Space. 1,260 SF Rent/SF/Yr $2.40 -$22.00 Leased 66.0% Spaces are available, Ratio of Space Avail 48,042 SF Max Contig 102,084 SF Smallest Space. 2,000 SF Rent/SF/Yr $15.35 Leased: 11 1% Expenses: 2003 Est Ops $5.86 /sf Parking: 242 Surface Spaces are available, Ratio of 4.2011,000 SF For Sale. Not For Sale Landlord Rep Cushman Wakefield, Inc. David L. Magee 206- 521 -0267 Leasing Company GVA Kidder Mathews Christopher J. Corr 206 248 -7324 48,042 SF (2, 000 27,021 SF) This copyrighted report contains research licensed to enterpriseSeattle 487390 Building_Notes_ Site is minutes from Westfield Shoppingtown, with easy access to 1 -5, 1-405, and SR -167 There are locker room and showers, a workout/fitness room and a bicycle storage facility all in the buiding Coffee deli service Close Proximity to Southcenter Mall Washington State's Third Largest Regional Shopping Center with 50+ Restaurants. Numerous Neighborhood Amenities including the Valley Jogging Trail, Mature Landscaping, Hotel, Retail and Other Business Support Services. Recently Remodeled /Collins Woerman Design. 4/8/2010 Page 9 221 222 F t Tukwila, WA 98188 King County Tukwila, WA 98188 King County int Building Type. Building Status: Building Size. Typical Floor Size Stories Expenses. Parking For Sale Building Type Building Status Building Size Typical Floor Size Stories Class B Office Built 1981 54,042 SF 27,021 SF 2 Space Avail. 54,042 SF Max Contig 108,084 SF Smallest Space 2,000 SF Rent/SF/Yr $15.35 Leased 0% 2003 Est Ops $5.86 /sf 155 Surface Spaces are available; Ratio of 4.20/1,000 SF Not For Sale Landlord Rep Cushman Wakefield, Inc. David L. Magee 206 521 -0267 Leasing Company GVA Kidder Mathews Christopher J. Corr 206 -248 -7324 54,042 SF (2, 000 27,021 SF) Building Notes: Site is minutes from Westfield Shoppingtown, with easy access to 1 -5, 1-405, and SR -167 There are locker room and showers, a workout/fitness room and a bicycle storage facility all in the buiding Coffee deli service. Close Proximity to Southcenter Mall. Washington State's Third Largest Regional Shopping Center with 50+ Restaurants. Numerous Neighborhood Amenities including the Valley Jogging Trail, Mature Landscaping, Hotel, Retail and Other Business Support Services. Recently Remodeled /Collins Woerman Design. Class B Office Space Avail 15,272 SF Built 1980 Max Contig: 4,127 SF 46,373 SF Smallest Space. 1,342 SF 28,332 SF Rent/SF/Yr $19.50 3 Leased 70.0% Expenses. 2009 Tax $1.77 /sf Parking 144 free Surface Spaces are available; Ratio of 3.60/1,000 SF For Sale. Not For Sale Landlord Rep Pacific Real Estate Partners, Inc. Dan Foster 425 974 -4022 Wyk Parker 425 974 -4000x330 Matthew Hinrichs 425 974 -4000 13,930 SF (1,787 -3,936 SF) Sublet Contact: Washington Partners Corporate Real Estate Steve Hisken 206 521 -2662 1,342 SF (1,342 SF) Building Notes: Riverview Plaza has a garden campus setting within walking distance to Southcenter regional mall and all services. Subject property also has easy access to both 1 -5 and 1-405, 2 miles to Sea -Tac Airport and 10 minutes from Downtown Seattle. New exercise facility This copyrighted report contains research licensed to enterpriseSeattle 467390 •c to 4/8/2010 Page 10 stt (#ph istent,66 Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Type Building Status Building Size Typical Floor Size Stories Building Type. Building Status. Building Size. Typical Floor Size Stories. Class B Office Built 1980 48,134 SF 28,411 SF 3 Landlord Rep Pacific Real Estate Partners, Inc. Dan Foster 425 974 -4022 I Wyk Parker 425 974 4000x330 Matthew Hinrichs 425 974 -4000 16,809 SF (1,003 -5,291 SF) Building Notes. Riverview Plaza has a garden campus setting within walking distance to Southcenter regional mall and all services. Subject property also has easy access to both 1 -5 and 1 -405, 2 miles to Sea -Tac Airport and 10 minutes from Downtown Seattle. New exercise facility Expenses. 2009 Tax $1 70 /sf Parking. 144 free Surface Spaces are available; Ratio of 3.60/1,000 SF For Sale. Not For Sale Class B Office Built 1983 76,648 SF 49,135 SF 3 Space Avail 16,809 SF Max Contig: 5,291 SF Smallest Space 1,003 SF Rent/SF/Yrr $19.50 Leased 65.1% Space Avail' 7,047 SF Max Contig• 2,530 SF Smallest Space. 2,207 SF Rent/SF/Yr $19.50 Leased 90.8% Expenses: 2009 Tax $1.77 /sf Parking. 244 free Surface Spaces are available; Ratio of 3.60/1,000 SF For Sale. Not For Sale Landlord Rep Pacific Real Estate Partners, Inc. I Dan Foster 425- 974 -40221 Wyk Parker 425 974 4000x330 Matthew Hinrichs 425 974 -4000 7,047 SF (2,207 -2,530 SF) Building Notes: Riverview Plaza has a garden campus setting within walking distance to Southcenter regional mall and all services Subject property also has easy access to both 1 -5 and 1 -405, 2 miles to Sea -Tac Airport and 10 minutes from Downtown Seattle. New exercise facility This copynghted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 11 223 224 Cagrate Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Notes: o�tki'c�l�r Building Type. Building Status. Building Size. Typical Floor Size. Stories: Expenses: Parking p tp l i;.: For Sale. Class B Office Space Avail. 17,800 SF Built 1987 Max Contig. 15,000 SF 30,912 SF Smallest Space. 2,800 SF 15,456 SF Rent/SF/Yr $10.50 $12.00 2 Leased 42.4% 2005 Combined Tax/Ops $5.88 /sf 124 Surface Spaces are available, Ratio of 4 01/1,000 SF For Sale at $4,950,000 ($160.13/SF) Active Sales Company Emerald Commercial, LLC: David Behar (206) 972 -3983 x101 Landlord Rep. Emerald Commercial, LLC David Behar 206 972 3983x101 17,800 SF (2, 800 15,000 SF) Building Notes: PROPERTY SUMMARY The subject property is located within the 12- building SOUTHCENTER CORPORATE SQUARE at the northwest corner of Andover Park West and Minkler Boulevard and is situated within the `Southcenter' regional market, noted for it's significant retail, office and industrial development. Other locational attributes include. Superior access to major freeways (within close proximity to two 1-405 and two 1 -5 Interchanges) and Sea -Tac International Airport. Strategically located within approximately 10 miles of either Downtown Seattle or Downtown Bellevue, and approximately 17 miles of Downtown Tacoma. Located one block south of the 1 7 million square foot Westfield Southcenter Mall (the largest regional mall in the Pacific Northwest), one -half block east Southcenter Parkway; and a short walk to the 25 acre Tukwila Pond nature preserve. Building Type: Class B Office Building Status. Built Mar 1991 Building Size. 60,782 SF Typical Floor Size: 20,260 SF Stories. 3 Expenses: 2009 Tax $1.50 /sf Parking: 192 Surface Spaces are available; Ratio of 4.00/1,000 SF For Sale. Not For Sale Space Avail. 6,055 SF Max Contig: 2,824 SF Smallest Space. 1,530 SF Rent/SF/Yr $25.00 Leased. 92.6% Landlord Rep John C. Radovich Development Chris Scalzo 206 -267 -2666 Rebecca Davidson 206 267 -2669 6,055 SF (1,530 -2,824 SF) Building has exposure from 1-405 and overlooking river views. Excellent freeway access. Close to numerous amenities. Minutes to SeaTac Airport. This copyrighted report contains research licensed to enterpnseSeattle 467390 h 4/8/2010 Page 12 7100 Far .06,0 Tukwila, WA 98188 King County Tukwila, WA 98168 King County Tukwila, WA 98168 King County Building Type. Building Status Building Size. Typical Floor Size. Stories. Expenses. Parking: For Sale: Building Type. Building Status Building Size. Typical Floor Size. Stories. Expenses: Parking: For Sale: Building Type. Building Status. Building Size Typical Floor Size. Stories. Expenses. Parking For Sale. Class B Office Space Avail 2,009 SF Built May 1999 Max Contig 2,009 SF 40,922 SF Smallest Space. 2,009 SF 20,461 SF Rent/SF/Yr $25.00 2 Leased 95.1% 2009 Tax $1 42 /sf 154 Surface Spaces are available, Ratio of 4 10/1,000 SF Not For Sale Landlord Rep John C. Radovich Development Chris Scalzo 206- 267 -26661 Rebecca Davidson 206 267 -2669 2,009 SF (2,009 SF) Building Notes Easy Freeway Access. Adjacent to Business Hotel and County Park. Only Five Minutes to Sea -Tac Int'I Airport. 4 Parking Stalls per 1,000 Sq Ft. Metro Bus Service Available Full -Time On -Site Maintenance Manager Class B Office Space Avail 7,753 SF Built Jan 1987 Max Contig 2,898 SF 62,167 SF Smallest Space. 1,025 SF 29,694 SF Rent/SF/Yr $22.00 2 Leased 87.5% 2007 Ops $3.12/sf 138 Surface Spaces are available; Ratio of 2.22/1,000 SF Not For Sale Landlord Rep GVA Kidder Mathews Brian Clapp 206 248 -7316 Jim Kidder 206 248 -7328 Ted McCaffray 206 248 -7336 Peter Wooding 206 248 -7300 7,753 SF (1,025 -2,898 SF) LL >r Class B Office Space Avail 3,555 SF Built 1983 Max Contig 3,555 SF 15,830 SF Smallest Space. 1,385 SF 7,915 SF Rent/SF/Yr $18.50 2 Leased 77.5% 1998 Combined Tax/Ops $0 18 /sf 51 Surface Spaces are available; Ratio of 3.59/1,000 SF Not For Sale Landlord Rep Colliers International 206 223 -0866 Leasing Company NAI Puget Sound Properties Inc. Michael George 425 586 -5600 Nick Fletcher 425- 586 -5600 3,555 SF (1,385 -2,170 SF) Building Notes: Located just a few blocks from 1 -5, the Intertel Building offers the convenience, access, and prestige of a Seattle mailing address, plus the business- friendly climate of Tukwila (no B &O taxes). This copyrighted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 13 225 226 Tukwila, WA 98168 King County Building Type. Building Status. Building Size Typical Floor Size. Stories. Landlord Rep Colliers International 206 223 -0866 Leasing Company NAI Puget Sound Properties Inc. I Michael George 425 -586 -5600 Nick Fletcher 425 586 -5600 -1,950 SF (1,950 SF) Building Notes: 09/04 DBSI Fairway LLC purchased the building. GVA Kidder Mathews represented the seller, Kent Central Fairway Center LLC Please reference Comps #KGC- 33814 -09 -0420 for more information. Tenants at Fairway Center enjoy, flexible floor plans and excellent freeway access. Property has Seattle mailing address, but is exempt from city B &O taxes. Minutes from Southcenter Mall, SeaTac airport, and Downtown Seattle. Abundant free parking and signage is also available. 1/03 Kent Central Fairway Center LLC purchased Fairway Center I II from Fairway Center Associates LLC Insignia Kidder Mathews represented both the buyer and the seller Reference Comps KGC 07709 -03 -0320 for more information. Tukwila, WA 98168 King County Building Type. Building Status. Building Size Typical Floor Size. Stories. Expenses. Parking: For Sale: Class B Office Built Nov 1989 19,474 SF 19,474 SF 1 Space Avail 1,950 SF Max Contig: 1,950 SF Smallest Space 1,950 SF Rent/SF/Yr $19.50 Leased. 90.0% Expenses 2009 Tax $5.14/sf Parking 95 Surface Spaces are available; Ratio of 3.92/1,000 SF For Sale Not For Sale ear Cr" Class B Office Space Avail: 5,308 SF Built Nov 1989 Max Contig: 3,952 SF 56,750 SF Smallest Space. 1,356 SF 28,375 SF Rent/SF/Yr $19.50 2 Leased: 90 7% 2009 Tax $1.76 /sf 154 Surface Spaces are available; Ratio of 3.92/1,000 SF Not For Sale Landlord Rep Colliers International 1206- 223 -0866 Leasing Company NAI Puget Sound Properties Inc. Michael George 425 586 -5600 Nick Fletcher 425 586 -5600 5,308 SF (1,356 -3,952 SF) Building Notes: Oustanding freeway access to 15 and 1-405 Abundant parking and located on Major Metro bus line. Excellent visibility from Interurban Avenue with Signage available. Park -like setting with River Frontage Adjacent to Foster Golf course. 09/04 DBSI Fairway LLC purchased the building. GVA Kidder Mathews represented the seller, Kent Central Fairway Center LLC Please reference Comps #KGC- 33814 -09 -0420 for more information. Tenants at Fairway Center enjoy, flexible floor plans and excellent freeway access. Signage is also available 1/03 Kent Central Fairway Center LLC purchased Fairway Center I II from Fairway Center Associates LLC Insignia Kidder Mathews represented both the buyer and the seller Reference Comps KGC- 07709 -03 -0320 for more information. This copyrighted report contains research licensed to enterpnseSeattle 467390 .i^ it 4/8/2010 Page 14 RS 44461 4ritiiiti Tukwila, WA 98168 King County Tukwila, WA 98168 King County Building Type Building Status Building Size Typical Floor Size Stories '�etCl= t�f_i+re:'a Building Type Building Status Building Size Typical Floor Size Stories Class B Office Built 1987 11,105 SF 11,105 SF 1 Expenses. 2009 Tax $1.37/sf Parking: 26 Surface Spaces are SF For Sale. For Sale Active Class B Office Built 1983 50,070 SF 16,690 SF .3 Space Avail 11,105 SF Max Contig 11,105 SF Smallest Space. 5,000 SF Rent/SF/Yr $14 00 Leased 100% available; Ratio of 2.34/1,000 Sales Company GVA Kidder Mathews: Brian Clapp (206) 248 -7316 Landlord Rep GVA Kidder Mathews Brian Clapp 206 248 -7316 11,105 SF (5,000- 11,105 SF) Space Avail 15,000 SF Max Contig. 15,000 SF Smallest Space 15,000 SF Rent/SF/Yr $18.50 Leased 70.0% Expenses 2009 Tax $1.25/sf Parking: 300 Surface Spaces are available, Ratio of 5.00/1,000 SF For Sale. Not For Sale Landlord Rep Cushman Wakefield, Inc. Kevin Smith 206 521 -0281 Leasing Company C &W Commerce Kevin Smith 206 521 -0281 15,000 SF (15,000 SF) Building Notes: 12/04 Teamsters Building Association S purchased the building Colliers International represented the seller, Michael R Mastro Please reference Comps #KGC- 03676 -03 -0520 for more information Great 1, 2 or 3- tenant building with excellent parking available for sale or lease. Perfect user building Has room for one or more elevator as 2nd shaft was installed at time of construction. 1st of $2M must be assumed at 7 75% for 3 or more years. Seller will carry 11/03 Mastro Properties purchased the building from Wade Cook Financial Services. CB Richard Ellis represented the buyer and the seller Please reference Comps #KGC- 26582 -11 -0320 for more information. This copyrighted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 15 227 228 Tukwila, WA 98168 King County Landlord Rep Leasing Company Tukwila, WA 98168 King County Landlord Rep Building Notes: Property Description Tukwila, WA 98168 King County Building Type. Building Status. Building Size. Typical Floor Size. Stories Expenses. Parking For Sale. 1 rs Y• r f Office with Street -Level Retail Property Use Description. Office with street -level Retail Building Type. Building Status. Building Size. Typical Floor Size: Stories. Expenses: Parking: For Sale *Mr Class C Office Built 1976 9,120 SF Landlord Rep Company information unavailable at this time Building Notes: The building is currently used for a credit union and data processing. Class B Office Space Avail: 15,402 SF Built 1981 Max Contig: 3,400 SF 58,290 SF Smallest Space. 1,531 SF 25,000 SF Rent/SF/Yr $22.50 2 Leased: 73.6% 2009 Tax $1 37 /sf 207 Surface Spaces are available; Free Covered Spaces; Ratio of 4.00/1,000 SF Not For Sale Cushman Wakefield, Inc. Kevin Smith 206 -521 -0281 C&W Commerce Kevin Smith 206 -521 -0281 David L. Magee 206 -521 -0267 15,402 SF (1,531 -3,400 SF) Building Notes: The property is minutes from Southcenter Mall, close to SeaTac Airport, and has a professional image Southcenter Plaza offers the best access to both 1 -5 and 1 -405 in the Southend market. Building Type. Class B Office /Loft/Creative Space Building Status Built 1980 Building Size: 6,595 SF Typical Floor Size. 3,297 SF Stories. 2 Expenses. 2009 Tax $1.51/sf Parking 21 free Surface Spaces are available; Ratio of 3.20/1,000 SF For Sale: Not For Sale GVA Kidder Mathews Michael D. Catt 206 248 -7309 1,204 SF (1,204 SF) Space Avail 1,204 SF Max Contig: 1,204 SF Smallest Space. 1,204 SF Rent/SF/Yr $12.00 Leased. 81 7% Space Avail. 9,120 SF Max Contig 9,120 SF Smallest Space 9,120 SF 9,120 SF Rent/SF/Yr $13.00 1 Leased: 0% 1996 Combined Tax/Ops $1.03 /sf 16 free Surface Spaces are available Not For Sale rs This copyrighted report contains research licensed to enterpnseSeattle 467390 r 4/8/2010 Page 16 Tukwila, WA 98188 King County Landlord Rep Pacific Real Estate Partners, Inc. Dan Foster 425 974 -4022 Wyk Parker 425 974 4000x330 1,400 SF (1,400 SF) Tukwila, WA 98188 King County SE Crn of Strander S.Cntr Pkwy Tukwila, WA 98188 King County Building Type. Class C Office Space Avail 1,400 SF Building Status: Built 1946 Max Contig: 1,400 SF Building Size. 1,400 SF Smallest Space. 1,400 SF Typical Floor Size. 1,135 SF Rent/SF/Yr $18.00 Stories 2 Leased. 0% Parking: 5 Surface Spaces are available For Sale. Not For Sale Building Type. Class B Office Building Status. Built 1989 Building Size: 15,000 SF Typical Floor Size: 15,000 SF Stories. 1 Parking: 58 Surface Spaces SF For Sale. Not For Sale Landlord Rep The Andover Company, Inc. Michael A. Hemphill 206- 336 -5325 Jim Bisset 206 336 -5334 2,624 SF (2,624 SF) Building Notes: The building has many services include retail shopping, banking, and restaurants only blocks away at Westfield Shopping Town Southcenter (formerly Southcenter Mall) The 6450 Building is only minutes away from hotel accommodations, including Marriott Courtyard, Doubletree Suites, and Embassy Suites. High image corporate building in a convenient location for your business clients to find and access. Located one block from City of Tukwila Police Department and City Hall Landlord Rep GVA Kidder Mathews Brian Clapp 206 -248 -7316 Richard Davidson 206- 248 -7314 8,833 SF (635 -3,502 SF) Building Notes_ Eight sided building Within walking distance to Southcenter Mall and major hotels Space Avail. 2,624 SF Max Contig: 2,624 SF Smallest Space. 2,624 SF Rent/SF/Yr $20.00 Leased 82.5% are available, Ratio of 4.03/1,000 Building Type. Class B Office Space Avail Building Status: Built 1979, Renov 2002 Max Contig: Building Size. 64,725 SF Smallest Space: Typical Floor Size 12,945 SF Rent/SF/Yr Stories. 5 Leased. Expenses. 2008 Combined Tax/Ops $10.92/sf Parking: 220 free Surface Spaces are available; Ratio of 3.40/1,000 SF For Sale. Not For Sale This copyrighted report contains research licensed to enterpnseSeattle 467390 y s t 8,833 SF 3,502 SF 635 SF $20.00 $24.00 86.4% 4/8/2010 Page 17 229 230 40 014 c n AKA 5200 Southcenter Blvd Tukwila, WA 98188 King County Landlord Rep Pacific Real Estate Partners, Inc. Wyk Parker 425 974 -4000x330 Dan Foster 425 974 -4022 Matthew Hinrichs 425 974 -4000 10,215 SF (973 -7,000 SF) Building Notes: Tukwila, WA 98188 King County Building Notes: Building Type Building Status Building Size Typical Floor Size Stories Class B Office Built 1986 33,300 SF 16,650 SF .2 Expenses 1999 Tax $1.18 /sf Parking: 75 Surface Spaces are are available; Ratio of For Sale. Not For Sale Great exposure to 1 -5 and is accessible to 1 -5 and 1-405. New common area finishes 2005 Space Avail 10,215 SF Max Contig 7,000 SF Smallest Space. 973 SF Rent/SF/Yr $18.00 Leased 64 1% Building Type Class B Office /Medical Building Status. Built 1973 Building Size. 33,780 SF Typical Floor Size 11,260 SF Stories: 3 Expenses. 2009 Tax $1.20 /sf Parking 150 Surface Spaces are available For Sale Not For Sale available, 35 Covered Spaces 3.40/1,000 SF Space Avail 3,611 SF Max Contig. 2,192 SF Smallest Space 1,419 SF Rent/SF/Yr $22.00 Leased 89.3% Landlord Rep GVA Kidder Mathews Richard Davidson 206- 248 -7314 3,611 SF (1,419 -2,192 SF) The property is located next to the Southcenter.Regional Mall and has easy access to 1 -5 and 1 -405 This copynghted report contains research licensed to enterpnseSeattle 467390. 4/8/2010 Page 18 CIL AKA 12201 S Pacific Hwy Tukwila, WA 98168 King County Building Type. Class B Office/Telecom Space Avail 7,507 SF Hotel /Data Hosting Max Contig. 5,008 SF Building Status. Built 1999 Smallest Space. 1,045 SF Rent/SF/Yr Negotiable Typical Floor Size. 16,913 SF Leased 89.0% Stories 4 Expenses. 2009 Tax $1.55/sf Parking: 24 Covered Spaces are available, 38 free Surface Spaces are available For Sale. Not For Sale Building Size. 68,040 SF Landlord Rep Sabey Corporation Joe Sabey 206 277 -5207 7,507 SF (1,045 -5,008 SF) Building Notes: Intergate.West is part of Intergate,Seattle, the largest privately owned multi- tenant data center campus on the West coast. Its robust electrical infrastructure, connectivity and floor loading make it an ideal location for data center operations while many features including spectacular views of downtown Seattle, Mount Rainier and the Cascade Mountains, private decks, ample parking both covered and open -air make it an attractive office location. Intergate. West provides excellent access to 1 -5, 1-405, Hwy 99, SR -599 and East Marginal Way Seatac International Airport is only 3 miles away; Boeing Field is even closer Downtown Seattle is a mere 12 minute drive from the site This location also offers quick access to a wide variety of shopping, dining, and recreation opportunities in the surrounding area. Features. Large power capacity Multiple fiber providers Floor loading suitable for data centers Easy access to all major freeways Friendly and professional property management Views of downtown Seattle and Mount Rainier with private balconies on each floor This copyrighted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 19 231 232 Id AKA 12301 S Pacific Hwy Building Type. Tukwila, WA 98168 King County n�fiart;�f Building Status Building Size. Typical Floor Size. Stories: Expenses: Parking: For Sale. Class B Office/Telecom Hotel /Data Hosting Built 1999 99,288 SF 33,096 SF 3 2009 Tax $1 43 /sf 133 free Surface Spaces are available Not For Sale Space Avail Max Contig Smallest Space Rent/SF/Yr Leased 14,168 SF 7,084 SF 7,084 SF $10.00 92.9% Landlord Rep Sabey CorporationJoe Sabey 206 277 -5207 7,084 SF (7,084 SF) Sublet Contact: Washington Partners Corporate Real Estate Patrick Pendergast 206 -521 -2663 Mark To 206 521 -2666 7,084 SF (7,084 SF) Building Notes: Intergate.West is part of Intergate Seattle, the largest privately owned multi- tenant data center campus on the West coast. Its robust electrical infrastructure, connectivity and floor loading make it an ideal location for data center operations while many features including spectacular views of downtown Seattle, Mount Rainier and the Cascade Mountains, private decks, ample parking both covered and open -air make it an attractive office location. Intergate. West provides excellent access to 1 -5, 1 -405, Hwy 99, SR -599 and East Marginal Way Seatac International Airport is only 3 miles away; Boeing Field is even closer Downtown Seattle is a mere 12 minute drive from the site. This location also offers quick access to a wide variety of shopping, dining, and recreation opportunities in the surrounding area. Features. Large power capacity Multiple fiber providers Floor loading suitable for data centers Easy access to all major freeways Friendly and professional property management Views of downtown Seattle and Mount Rainier with private balconies on each floor This copyrighted report contains research licensed to enterpnseSeattle 467390. 4/8/2010 Page 20 233 234 f Y Tukwila, WA 98188 King County Sales Company The Andover Company, Inc. Jeff J. Crane (206) 336 -5336, Joel Conner (206) 244 -0770, Shane C. Crook (206) 336 -5330 Landlord Rep The Andover Company, Inc. I Jeff J Crane 206 336 -5336 Joel Conner 206- 244 -0770 Shane C. Crook 206 336 -5330 13,085 SF 1300 ofc (13,085 SF) Building Notes. Flexible on dividing the property for a lease or sale (multiple options for lease and /or sale) Tukwila, WA 98168 King County 3 .1 6;, AKA 3417 S 120th PI Tukwila, WA 98168 King County 51= 1�l Building Type. Class C Manufacturing Space Avail. 13,085 SF Building Status. Built 1957 Max Contig: 13,085 SF Building Size 19,557 SF Smallest Space. 13,085 SF Land Area. 3.02 AC Rent/SF/Yr $4.20 Stories 1 Leased 100% Parking 60 free Surface Spaces are available; Ratio of 2.10/1,000 SF For Sale. For Sale as part of a portfolio of 6 properties Active Building Type. Class B Distribution Space Avail 12,625 SF Building Status. Built 1991 Max Contig: 7,125 SF Building Size. 36,750 SF Smallest Space: 5,500 SF Land Area. Rent/SF/Yr $12.12- $12.24 Stories. 1 Leased 85.0% Expenses. 2007 Ops $2.39/sf Parking: 114 Surface Spaces are available; Ratio of 3.10/1,000 SF For Sale Not For Sale Landlord Rep GVA Kidder Mathews Peter Wooding 206 -248 -7300 Jim Kidder 206 -248 -7328 Ted McCaffray 206 248 -7336 Brian Clapp 206- 248 -7316 12,625 SF /6,420 oft (5,500 -7,125 SF) Landlord Rep Sabey Corporation Joe Sabey 206 277 -5207 24,664 SF (3,547- 21,117 SF) Building Notes: Building Type. Class B Manufacturing Space Avail: 24,664 SF Building Status. Built 1986 Max Contig. 24,664 SF Building Size. 98,564 SF Smallest Space: 3,547 SF Land Area: 6.23 AC Rent/SF/Yr $6.60 $12.25 Stories: 1 Leased 75.0% Expenses. 2009 Tax $0.67 /sf Parking: 76 Surface Spaces are available For Sale: Not For Sale The Intergate campus is one of the largest multi- tenant Internet campuses in the world Designed for Internet hosting centers, telecom and colocation facilities with space for offices, the buildings are well- equipped for tech companies. The property is located in South Seattle adjacent to Hwys 99 599 with easy access to 1-5, and is just 6 minutes to Sea -Tac Airport and 12 minutes to downtown Seattle. The Intergate campus won the 2001 NAIOP Flex -Tech Project of the Year This copyrighted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 2 43081€39 S :q1 Tukwila, WA 98168 King County Landlord Rep GVA Kidder Mathews Doug Klein 206 248 -7348 21,422 SF /5,870 oft (5, 785 15,637 SF) Building Notes: Tremendouse freeway access to SR -599 and 1 -5. Exposure to SR -599 Tukwila, WA 98168 King County Tukwila, WA 98168 King County `o Building Type. Class B Warehouse Space Avail 21,422 SF Building Status: Built 1975 Max Contig: 21,422 SF Building Size. 38,600 SF Smallest Space. 5,785 SF Land Area. 1.55 AC Rent/SF/Yr $8.28 Stories: 2 Leased 100% Parking: 30 free Surface Spaces are available, Ratio of 0.78/1,000 SF For Sale: Not For Sale Space Avail 10,980 SF Max Contig 10,980 SF Smallest Space. 10,980 SF Land Area: 2.07 AC Rent/SF/Yr $6.96 Stories: 1 Leased 72.5% Parking 82 free Surface Spaces are available For Sale: Not For Sale Building Type. Class B Warehouse Building Status: Built Jul 2007 Building Size. 39,899 SF Landlord Rep GVA Kidder Mathews Doug Klein 206- 248 -7348 10,980 SF (10,980 SF) Building Notes: Freeway access to SR -599 and 1 -5 Exposure to SR -599 Building Type: Class B Warehouse Building Status: Built 1986 Building Size: 30,271 SF Land Area. 10 AC Stories. 1 Expenses: 2007 Ops $1.80 /sf Parking: 35 Surface Spaces are SF For Sale: Not For Sale Space Avail. 4,750 SF Max Contig: 4,750 SF Smallest Space. 4,750 SF Rent/SF/Yr $7.08 Leased 84 3% available; Ratio of 0.60 /1,000 Landlord Rep ESM Properties, Inc. I Eric Mitchell 425 746 7777x"'1 4,750 SF /3,535 ofc (4,750 SF) Building Notes_ Immediate access to 1 -5 and Hwy 599 This copyrighted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 3 235 236 Urr Tukwila, WA 98168 King County Landlord Rep A B Properties Louie Sanft 206 722 -6824 19,220 SF (2,400 16,820 SF) Building_Notes The building is located at the corner of S 144th SL and Interurban Ave S AKA 15643 W Valley Hwy Tukwila, WA 98188 King County Building Type. Class B Manufacturing Space Avail: 19,220 SF Building Status: Built 1950, Renov 1989 Max Contig: 19,220 SF Building Size. 19,220 SF Smallest Space. 2,400 SF Land Area. 2.05 AC Rent/SF/Yr' $7.80 Stories. 2 Leased. 0% Parking: 65 Surface Spaces are available, Ratio of 4.42/1,000 SF For Sale. Not For Sale Building Type. Class C Warehouse Building Status. Built 1979 Building Size. 7,200 SF Land Area. 3.26 AC Stories. 2 For Sale. Not For Sale Space Avail 7,200 SF Max Contig: 7,200 SF Smallest Space. 3,600 SF Rent/SF/Yr Negotiable Leased 100% Landlord Rep. CB Richard Ellis Don A. Moody 253 572 -6355 Sublet Contact: CB Richard Ellis Don A. Moody 253 -572 -6355 Teresa Patton 253- 596 -0043 7,200 SF (3,600 SF) Building Notes: Access via Strander Blvd. APN is 000580 -0012 i 1 li. x t ���r �y�k _a.;p�T ft r �,�-4� A 7�.,,2 n *lw..M Y. :t.irA4 .1....�t_ "'F5. -M. �i4 Tukwila, WA 98188 King County Landlord Rep Yates, Wood MacDonald, Inc. Ellen Mohl 206 268 -3311 f Dennis Counts 206- 268 -3312 2,600 SF (2,600 SF) Building_Notes: 3,000 SF of retail space. Building Type. Class C Warehouse Space Avail: 2,600 SF Max Contig: 2,600 SF Building Size 16,828 SF Smallest Space: 2,600 SF Land Area. 1.14 AC Rent/SF/Yr $6.60 Stories 1 Leased: 100% Expenses 2010 Combined Tax/Ops $1 44 /sf Parking: 40 free Surface Spaces are available; Ratio of 2.00 /1,000 SF For Sale Not For Sale Building Status. Built 1969 This copynghted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 4 4454 'And ver` l�Irl! Tukwila, WA 98188 King County it t d Building Type: Class B Warehouse Building Status Built 1973 Building Size. 83,800 SF Land Area. 3.51 AC Stories. 1 Space Avail: 83,800 SF Max Contig. 83,800 SF Smallest Space. 35,000 SF Rent/SF/Yr $4.56 Leased 0% Expenses 2004 Est Ops $0.96 /sf Parking: 98 Surface Spaces are available, Ratio of 2.00/1,000 SF For Sale. Not For Sale Landlord Rep The Andover Company, Inc. David Baumer 206 336 -5327 Michael A. Hemphill 206- 336 -5325 83,800 SF /5,800 ofc (35,000- 83,800 SF) Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Type: Class B Warehouse Building Status: Built 1973 Building Size: 72,264 SF Land Area: 2.90 AC Stories. 1 Parking: 91 free Surface Spaces 0.70 /1,000 SF For Sale. Not For Sale Space Avail: 8,601 SF Max Contig: 5,000 SF Smallest Space. 3,601 SF Rent/SF/Yr $4.32 Leased 88.1% are available; Ratio of Landlord Rep The Andover Company, Inc. George Rockwell 206 336 -5328 Leasing Company Brekke Properties LP t John Brekke 425 -451- 1511x7 8,601 SF (3,601 -5,000 SF) Building Notes: Exposure to Andover Park East. Fully sprinklered space Prime location on Andover Park East just minutes from Westfield Shopping Town. Easy access to 1 -5, 1-405, and Hwy 167 Excellent building signage possible. Space was remodeled in 2005 Building Type: Class B Warehouse Building Status. Built 1974 Building Size. 76,128 SF Land Area: 3.50 AC Stories. 1 Expenses: 2007 Ops $2.04 /sf Parking: 64 free Surface Spaces are available; Ratio of 2.50/1,000 SF For Sale. Not For Safe Space Avail. 7,128 SF Max Contig: 7,128 SF Smallest Space 7,128 SF Rent/SF/Yr $5.76 Leased 90.6% Landlord Rep The Andover Company, Inc. I George Rockwell 206 336 -5328 7,128 SF /1,640 ofc (7,128 SF) Building_Notes_ Excellent truck maneuverability Minimal existing office. Additional office built to suit. Close to Amenities. Convenient freeway access. This copyrighted report contains research licensed to enterprtseSeattle 467390 4/8/2010 Page 5 237 238 Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Type. Building Status. Building Size. Land Area. Stories: Expenses: Parking' For Sale: Class B Warehouse Built 1978, Renov Oct 1984 36,400 SF 4.84 AC 1 2009 Tax $1.88 /sf 64 Surface Spaces are available, Ratio of 2.50/1,000 SF Not For Sale Building Type Class B Warehouse Building Status. Built 1978, Renov Oct 1984 Building Size. 56,840 SF Land Area: 4.84 AC Stories. 1 Expenses. 2009 Tax $1.21/sf Parking. 53 Surface Spaces are available For Sale. Not For Sale er- using Space Avail 10,400 SF Max Contig: 10,400 SF Smallest Space. 5,200 SF Rent/SF/Yr Negotiable Leased 71 4% Landlord Rep Pacific Real Estate Partners, Inc. Scott Carter 425 974 -4004 Les Boudwin 425 974 -4023 10,400 SF (5,200 SF) Building Notes. Located on major North /South Arterial, connecting to 1-405 and immediate access to 1 -5 Just minutes from SeaTac International Airport. Close to Southcenter Mall and many amenities. Space Avail 8,140 SF Max Contig 8,140 SF Smallest Space. 8,140 SF Rent/SF/Yr $5.64 Leased: 85.7% Landlord Rep Pacific Real Estate Partners, Inc. Les Boudwin 425 974 -4023 Scott Carter 425 974 -4004 8,140 SF /1,140 ofc (8,140 SF) Building Notes_ Strategic distribution location. Located on major N/S arterial, connecting to 1-405 and immediate access to 1 -5. Just minutes from SeaTac International Airport. Professionally maintained landscaping ProLogis owned and operated. This copynghted report contains research licensed to enterpriseSeattle 467399 B iG L�'dt 4/8/2010 Page 6 -01 e0210 ir;k Tukwila, WA 98188 King County Landlord Rep Shephard Commercial Real Estate LLC Lee Shephard 425- 497 -2822 Leasing Company Pacific Real Estate Partners, Inc. Casey Trees 425 974 -4000 31,840 SF /2,952 ofc (14,500- 17,340 SF) Building Notes: 2/04 Gray Cat Collective LLC purchased the building from William E. Boeing Jr Corporate Real Estate Inc. represented both the buyer and the seller Please reference Comps #KGC -26061 -04 -0420 for more information. The subject property has lots of glass and plenty of exposure with frontage on Andover Park East. Tukwila, WA 98188 King County Building Type. Class B Manufacturing Space Avail: 31,840 SF Building Status. Built 1973 Max Contig. 17,340 SF Building Size. 39,630 SF Smallest Space 14,500 SF Land Area. 1 74 AC Rent/SF/Yr $4.56 -$4 92 Stories: 1 Leased 19 7% Expenses. 2004 Est Ops $0.86 /sf Parking: 38 free Surface Spaces are available, Ratio of 0.96/1,000 SF For Sale. Not For Sale Building Type. Class C Industrial Building Status. Built 1977 Building Size. 90,000 SF Land Area: 4.03 AC Stories. 1 Expenses. 2009 Tax $0.54 /sf Space Avail 60,000 SF Max Contig: 42,000 SF Smallest Space: 12,000 SF Rent/SF/Yr $4.20 -$4 68 Leased 100% Parking: 35 free Surface Spaces are available, Ratio of 0.93/1,000 SF For Sale. Not For Sale Landlord Rep GGL Real Estate Services Inc Rick Kolpa 206- 957 -8861 Leasing Company Grubb Ellis Matt McGregor 206- 388 -3000 Bill Condon 206 388 -3000 Andrew Hitchcock 206 388 -3000 60,000 SF /2,653 ofc (12,000 42,000 SF) This copyrighted report contains research licensed to enterpriseSeattle 467390. �z 4/8/2010 Page 7 239 240 tut Tukwila, WA 98188 King County i4r1'dover .hri# 5 17 s !!;63hv;erX ^Si:'1'io Tukwila, WA 98188 King County IA VOW Tukwila, WA 98188 King County Twato Building Type Class B Warehouse Building Status. Built 1975 Building Size 95,579 SF Land Area. 4.09 AC Stories 1 Expenses. 2009 Tax $0.55/sf Parking: 110 free Surface Spaces are available; Ratio of 0.93/1,000 SF For Sale Not For Sale Landlord Rep GVA Kidder Mathews Matt Wood 206 248 -7306 Kraig Heeter 206 248 -7313 Doug Klein 206 248 -7348 67,055 SF /6,203 ofc (6,390- 22,352 SF) Sublet Contact: Jones Lang LaSalle Andrew Harnish 206 607 -1730 Chris Spofford 206 607 -1731 6,000 SF /6,203 ofc (6,000 SF) Building_Notes: Close to Southcenter, SeaTac and 1 -5. Fifteen minutes to Port of Seattle and Downtown Seattle. Designed to support the warehouse and distribution demands of nearby retail trade Building Type. Class C Warehouse Building Status: Built 1972 Building Size. 45,000 SF Land Area. 1 68 AC Stories: 1 Expenses. 2009 Tax $0.74/sf Parking: 28 free Surface Spaces are available; 1.20/1,000 SF For Sale. Not For Sale Landlord Rep The Andover Company, Inc. George Rockwell 206 336 -5328 13,923 SF /1,000 ofc (13,923 SF) fe BF ,,t Space Avail 73,055 SF Max Contig: 47,891 SF Smallest Space. 6,000 SF Rent/SF/Yr $4.20 -$5.16 Leased. 56.6% Space Avail: 13,923 SF Max Contig: 13,923 SF Smallest Space. 13,923 SF Rent/SF/Yr $6.00 Leased: 100% Building Type. Class C Warehouse Building Status: Built 1968 Building Size. 62,075 SF Land Area: 2.52 AC Stories. 1 Expenses: 2009 Tax $0.69/sf Parking: 66 Surface Spaces are available For Sale. For Sale at $6,150,000 ($99.07/SF) Active Ratio of Space Avail: 62,075 SF Max Contig: 62,075 SF Smallest Space: 62,075 SF Rent/SF/Yr $5.52 Leased: 100% Sales Company GVA Kidder Mathews: Doug Clerget (206) 248 -7312 GVA Kidder Mathews: Thad Mallory (206) 248 -7338, Al Robertson (206) 248 -7322 Landlord Rep GVA Kidder Mathews Thad Mallory 206- 248 -7338 Leasing Company GVA Kidder Mathews Doug Clerget 206 248 -7312 62,075 SF /5,550 ofc (62,075 SF) Building Notes: At the corner of Andover Park West and South 180th St, this property gives the tenant high exposure in Tukwils (southcenter area) High traffic counts are present at this corner location. This copyrighted report contains research licensed to enterpnseSeattle 467390 tL!fL qtAew 4/8/2010 Page 8 1827 7483 33 ?AniE0 [0C ar :ltl'= 04_Btis Tukwila, WA 98188 King County Tukwila, WA 98108 King County Tukwila, WA 98188 King County Landlord Rep Building Notes: Group of 27 buildings, banks. 1 -5, 1 -405, SR Building Notes: Description. INDUSTRIAL BUILDING Property Use Description: Single Tenant Industrial Building Building Type. Class B Warehouse Building Status. Built 1974 Building Size: 74,560 SF Land Area. 3.51 AC Stories. 2 Expenses. 2009 Tax $0.52 /sf Parking 53 Surface Spaces are available; SF For Sale. Not For Sale Landlord Rep. Segale Properties I Diane M. Decker 206 575 -2000 30,367 SF (30,367 SF) Space Avail 30,367 SF Max Contig. 30,367 SF Smallest Space. 30,367 SF Rent/SF/Yr Negotiable Leased 59.3% Ratio of 1 00/1,000 Building Type: Class B Warehouse Space Avail 46,800 SF Building Status. Built 1970 Max Contig: 46,800 SF Building Size: 46,801 SF Smallest Space. 23,400 SF Land Area. 1.53 AC Rent/SF/Yr $3.96 Stories: 2 Leased 100% Parking: 40 Surface Spaces are available; Ratio of 0.45/1,000 SF For Sale. For Sale at $3,600,000 ($76.92/SF) Active Sales Company CB Richard Ellis: John L. Sullivan (206) 223 -0200, John Gilliland (206) 223 -0200 Landlord Rep Pacific Real Estate Partners, Inc. I Les Boudwin 425 974 -4023 Sublet Contact: Pacific Real Estate Partners, Inc. I Les Boudwin 425 974 -4023 Andrew Stark 425 974 -4000 46,800 SF (23,400 SF) Building Type Class C Warehouse Building Status: Built 1976 Building Size. 19,520 SF Land Area: 1.30 AC Stories. 1 Expenses: 2009 Tax $5.10 /sf Parking: 78 free Surface Spaces are available; 1 00/1,000 SF For Sale. Not For Sale yam r� T� Space Avail 8,542 SF Max Contig: 2,375 SF Smallest Space. 1,440 SF Rent/SF/Yr $10.32- $12.84 Leased 56.2% Ratio of GVA Kidder Mathews Tyler Litzenberger 206- 575 -0765 8,542 SF /2,654 ofc (1,440 -2,375 SF) varying between one and two stories In proximity to restaurants, golf, shopping, and 518, and SeaTac International Airport are close by Floor plans are varied. This copynghted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 9 241 242 `a 25 84 Indusi Tukwila, WA 98188 King County Landlord Rep Building Notes: Group of 27 buildings shopping, and banks, are varied Tukwila, WA 98188 King County Tukwila, WA 98188 King County re Building Type. Class C Warehouse Building Status. Built 1976 Building Size. 17,600 SF Land Area. 0.82 AC Stories. 2 Expenses. 2009 Tax $4.74 /sf Parking 48 free Surface Spaces are available; Ratio of 1.00 /1,000 SF For Sale Not For Sale GVA Kidder Mathews 1 Tyler Litzenberger 206 575 -0765 5,185 SF (1,629 -1,830 SF) varying between one and two stories. Property is in proximity to restaurants, golf, and the 1 -5, 1-405, SR 518, and SeaTac International Airport are close by Floor plans Building Type: Class B Warehouse Building Status. Built 1976 Building Size, 19,800 SF Land Area. 1.30 AC Stories. 1 Expenses 2009 Tax $5.03 /sf Building Type. Class C Warehouse Building Status: Built 1976 Building Size. 10,500 SF Land Area: 0.82 AC Stories 1 Expenses. 2009 Tax $7.95/sf Parking: 75 free Surface Spaces are available, 1.00 /1,000 SF For Sale. Not For Sale Space Avail: 5,185 SF Max Contig: 1,830 SF Smallest Space. 1,629 SF Rent/SF/Yr $16.50 Leased: 70.5% 9r Space Avail 8,156 SF Max Contig: 3,014 SF Smallest Space. 1,634 SF Rent/SF/Yr $10.80- $15.24 Leased 58.8% Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 8,156 SF /5,045 ofc (1,634 -3,014 SF) Building Notes. Group of 27 buildings, varying between one and two stories. Property is in proximity to restaurants, golf, shopping, and banks, and the 1 -5, 1-405, SR 518, and SeaTac International Airport are close by Floor plans are varied Space Avail: 1,875 SF Max Contig: 1,875 SF Smallest Space. 1,875 SF Rent/SF/Yr $12.12 Leased 82.1% Parking: 32 free Surface Spaces are available; Ratio of 1.00/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 -575 -0765 1,875 SF /764 ofc (1,875 SF) Building Notes: Group of 27 buildings, varying between one and two stories. Property is in proximity to restaurants, golf, shopping, and banks, and the 1 -5, 1-405, SR 518, and SeaTac International Airport are close by Floor plans are varied This copyrighted report contains research licensed to enterpriseSeatile 467390 4/8/2010 Page 10 8�•t =83J�I�r(rils Tukwila, WA 98188 King County Building Type. Class B Warehouse Building Status. Built 1976 Building Size. 10,500 SF Land Area. 0.82 AC Stories. 1 Expenses. 2009 Tax $7.95/sf Parking: 28 free Surface Spaces 1 00/1,000 SF For Sale. Not For Sale Space Avail 1,890 SF Max Contig 1,890 SF Smallest Space 1,890 SF Rent/SF/Yr $11.40 Leased. 82.0% are available, Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206- 575 -0765 1,890 SF /395 ofc (1,890 SF) Building Notes: Group of 27 buildings, varying between one and two stories. Property is in proximity to restaurants, golf, shopping, and banks, and the 1 -5, 1-405, SR 518, and SeaTac International Airport are close by Floor plans are varied Tukwila, WA 98188 King County Building Type. Class C Warehouse Building Status: Built 1976 Building Size: 19,200 SF Land Area: 1.30 AC Stories 1 Expenses 2009 Tax $5.19/sf Parking: 42 free Surface Spaces are available; Ratio of 1.00/1,000 SF For Sale. Not For Sale Space Avail 2,700 SF Max Contig. 2,700 SF Smallest Space 2,700 SF Rent/SF/Yr $9.84 Leased 85.9% Landlord Rep GVA Kidder Mathews I Tyler Litzenberger 206- 575 -0765 2,700 SF /385 ofc (2,700 SF) Building Notes_ Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. This copyrighted report contains research licensed to enterpriseSeattle 467390. 4/8/2010 Page 11 243 244 t..t9 9 -925 I rclia4t fa" 'a erCe;;Cefl Tukwila, WA 98188 King County Building Type. Class B Warehouse Building Status. Built 1976 Building Size. 19,200 SF Land Area. 0.82 AC Stories. 2 Expenses. 2009 Tax $4.35 /sf Parking: 54 free Surface Spaces 1 00/1,000 SF For Sale. Not For Sale Space Avail 11,956 SF Max Contig. 2,030 SF Smallest Space. 1,250 SF Rent/SF/Yr $13.92 $16.50 Leased 37 7% are available, Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 11,956 SF /2,372 ofc (1,250 -2,030 SF) Building Notes: sold to CalWest Industrial Properties LLC from Pacific Gulf Properties. Secured Capital Corporation represented CalWest and Pacific Gulf represented itself. This sale was part of a bulk/portfolio sale of 69 properties that extend through Oregon, California, and Arizona. Group of 27 buildings, varying between one and two stones. The property is in proximity to restaurants, golf, shopping, and banks, and 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied Tukwila, WA 98188 King County Building Type. Class C Warehouse Building Status. Built 1976 Building Size. 17,953 SF Land Area. 1.30 AC Stories. 2 Expenses. 2009 Tax $5.55/sf a y d r z4.t ti 7 rx. i>�� Parking: 66 free Surface Spaces are available; 1 00/1,000 SF For Sale. Not For Sale Space Avail: 7,168 SF Max Contig: 1,400 SF Smallest Space: 730 SF Rent/SF/Yr $11.52 $16.50 Leased: 60.1% Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 7,168 SF /1,852 ofc (730 -1,400 SF) Building Notes_ Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. This copyrighted report contains research licensed to enterpriseSeattle 467390 ttr 4/8/2010 Page 12 Tukwila, WA 98188 King County Tukwila, WA 98188 King County Tukwila, WA 98188 King County 5# t- Flo'= *Mk Building Type, Class C Manufacturing Building Status. Built 1976 Building Size. 12,400 SF Land Area. 1.30 AC Stories: 1 Expenses 2009 Tax $8.03 /sf Parking: 20 free Surface Spaces are available, Ratio of 1.00/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews I Tyler Litzenberger 206 -575 -0765 4,330 SF /1,664 ofc (820 -2,100 SF) Building Notes_ Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied Building Type: Class C Warehouse Building Status. Built 1976 Building Size: 12,000 SF Land Area: 0.82 AC Stories: 1 Expenses: 2009 Tax $6.96 /sf Parking: 40 free Surface Spaces 1.00/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 1,007 SF (1,007 SF) Building Notes: A group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. Also located near 1 -5, 1-405, SR 518, and SeaTac International Airport. �:Zrr Building Type: Class C Warehouse Building Status. Built 1976 Building Size 25,239 SF Land Area 1.30 AC Stories: 2 Expenses: 2009 Tax $3.95 /sf Space Avail 4,330 SF Max Contig• 2,100 SF Smallest Space. 820 SF Rent/SF/Yr $11.16- $16.56 Leased 65.1% rte Parking: 42 free Surface Spaces are available, 1.00 /1,000 SF For Sale: Not For Sale Ratio of Space Avail 1,007 SF Max Contig. 1,007 SF Smallest Space 1,007 SF Rent/SF/Yr $16.50 Leased: 91.6% are available, Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 14,285 SF /4,172 ofc (779 -1,600 SF) Space Avail. 14,285 SF Max Contig: 1,600 SF Smallest Space. 779 SF Rent/SF/Yr $11.76- $16.50 Leased 43.4% Building Notes: Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. This copynghted report contains research Licensed to enterpnseSeattle 467390 4/8/2010 Page 13 245 246 sopt a�0 16'industry merce m Tukwila, WA 98188 King County Building Type: Class C Warehouse Building Status. Built 1978 Building Size. 15,120 SF Land Area. 1 32 AC Stories. 1 Expenses: 2009 Tax $9.63 /sf Parking. 29 free Surface Spaces are available, Ratio of 1.00/1,000 SF For Sale. Not For Sale Space Avail 3,600 SF Max Contig 1,800 SF Smallest Space. 1,800 SF Rent/SF/Yr $10.80 $13.80 Leased 76.2% Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 3,600 SF /1,016 ofc (1,800 SF) Building Notes: Tukwila Commerce Center is a group of 27 buildings, varying between one and two stories. In close proximity to restaurants, golf, shopping, and banks. 1-5,1-405, SR 518, and SeaTac International Airport are close by Tukwila, WA 98188 King County Building Type. Building Status: Building Size: Land Area: Stories. Expenses: Parking: For Sale. fe, Class B Warehouse Built 1978 67,322 SF 1.32 AC 1 2009 Tax $2.16/sf 81 free Surface Spaces 1.00/1,000 SF Not For Sale AS A' Y. 1 Space Avail. 13,000 SF Max Contig: 7,000 SF Smallest Space. 6,000 SF Rent/SF/Yr $9.36 Leased 80.7% are available; Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 13,000 SF /1,160 ofc (6,000 -7,000 SF) Building Notes: Tukwila Commerce Center is a group of 27 buildings, varying between one and two stories. In close proximity to restaurants, golf, shopping, and banks. 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Tukwila, WA 98188 King County Building Type Class C Warehouse Building Status: Built 1978 Building Size. 19,150 SF Land Area: 1.32 AC Stories: 1 Expenses. 2009 Tax $7.61 /sf Parking 46 free Surface Spaces 1.00/1,000 SF For Safe: Not For Sale Space Avail: 2,391 SF Max Contig: 2,391 SF Smallest Space. 2,391 SF Rent/SF/Yr $15.72 Leased: 87.5% are available; Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 -575 -0765 2,391 SF /1,928 ofc (2,391 SF) Building Notes: Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. 1-5,1-405, SR 518, and SeaTac International Airport are close by Floor plans are varied This copyrighted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 14 ff#36= IQfr�.l1*1U Tukwila, WA 98188 King County Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 -575 -0765 2,100 SF /1,725 ofc (2,100 SF) Building Notes_ Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied Tukwila, WA 98188 King County Tukwila, WA 98168 King County WTI Building Type Class C Warehouse Building Status: Built 1978 Building Size: 17,480 SF Land Area. 1.32 AC Stories: 1 Expenses: 2009 Tax $8.331sf Parking' 42 free Surface Spaces 1.00/1,000 SF For Sale. Not For Sale Building Type Class B Warehouse Building Status. Built 1978 Building Size: 11,320 SF Land Area. 1.32 AC Stories: 1 Expenses: 2009 Tax $12.87/sf Parking: 30 free Surface Spaces are available; 1.00/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 -575 -0765 5,850 SF /2,587 ofc (2,850 -3,000 SF) Building) Notes: Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. E Building Type. Building Status: Building Size: Land Area. Stories. Expenses. Parking: For Sale. Class B Warehouse Built 1980 30,668 SF 4 AC 1 2009 Tax $4.76 /sf 35 free Surface Spaces 1.14/1,000 SF Not For Sale Space Avail. 2,100 SF Max Contig: 2,100 SF Smallest Space. 2,100 SF Rent/SF/Yr $15.36 Leased 88.0% are available, Ratio of Space Avail: 5,850 SF Max Contig: 3,000 SF Smallest Space: 2,850 SF Rent/SF/Yr $11.52- $13.32 Leased 48.3% Ratio of Space Avail: 4,858 SF Max Contig: 4,858 SF Smallest Space. 4,858 SF Rent/SF/Yr $8.52 Leased. 100% are available; Ratio of Landlord Rep GVA Kidder Mathews /Teutsch Partners Jim Kidder 206 248 -7328 Leasing Company' GVA Kidder Mathews Ted McCaffray 206 248 -7336 Jim Kidder 206 248 -7328 4,858 SF /742 oft (4,858 SF) Building Notes Excllent acces to 1 -5 and SR -599 This copyrighted report contains research licensed to enterpnseSeatlle 467390 4/8/2010 Page 15 247 248 ititerur Tukwila, WA 98168 King County Landlord Rep Llewellyn Real Estate Morgan Llewellyn 253 852 -1898 1,161 SF (1,161 SF) `i Tukwila, WA 98168 King County Tukwila, WA 98188 King County Building Type. Class C Service Building Status. Built 1965 Building Size. 1,161 SF Land Area. 0.56 AC Stories. 1 Expenses. 2009 Tax $2.80 /sf Parking: 15 Surface Spaces are available, Ratio of 10.00/1,000 SF For Sale. Not For Sale Building Type. Class B Manufacturing Building Status: Built 1984 Building Size. 87,205 SF Land Area: 2.87 AC Stories. 1 Expenses. 2009 Tax $1.06 /sf Parking: 50 free Surface Spaces 0.57/1,000 SF For Sale. Not For Sale .y Building Type. Class B Warehouse Building Status. Built 1975 Building Size 83,268 SF Space Avail. 1,161 SF Max Contig: 1,161 SF Smallest Space: 1,161 SF Rent/SF/Yr $36.17 Leased: 0% Space Avail 15,675 SF Max Contig 7,975 SF Smallest Space: 7,700 SF Rent/SF/Yr $5.64 -$6.24 Leased 90.9% are available; Ratio of Landlord Rep Prudential Northwest Realty West John McCarthy 206 932 -4500 7,975 SF (7,975 SF) Sublet Contact: Great American Bagel Larry Koslosky 206- 730 -8547 7,700 SF (7,700 SF) Building Notes: Building has excellent exposure and easy access to 1 -5 and Hwy 599 Expansion possible. Insulated and sprinklered office /showroom /warehouse space. Space Avail 30,021 SF Max Contig: 30,021 SF Smallest Space 22,521 SF Land Area. 72 AC Rent/SF/Yr $4.56 Stories. 1 Leased 64.0% Parking 108 free Surface Spaces are available; Ratio of 1.00/1,000 SF For Sale: Not For Sale Landlord Rep Colliers International Wilma Warshak 253 926 -6000 Leasing Company Colliers International Wilma Warshak 253 926 -6000 Zane Shiras 253 680 -6606 30,021 SF (22,521 30,021 SF) This copyrighted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 16 Tukwila, WA 98188 King County Building Type. Class B Warehouse Space Avail. 67,822 SF Building Status. Built 1990 Max Contig. 67,822 SF Building Size. 67,822 SF Smallest Space. 67,822 SF Land Area. 3.36 AC Rent/SF/Yr $4.92 Stories. 1 Leased 0% Expenses. 2008 Ops $1.20 /sf, 2009 Est Ops $1.20 /sf Parking: 60 free Surface Spaces are available, Ratio of 0.88/1,000 SF For Sale. For Sale at $5,300,000 ($78.15 /SF) Active Sales Company Grubb Ellis. Bill Condon (206) 388 -3000, Arne Svendsen (206) 388 -3018 Landlord Rep Grubb Ellis Bill Condon 206 388 -3000 Arne Svendsen 206- 388 -3018 67,822 SF /10,891 ofc (67,822 SF) Building Notes_ Excellent image Abundant car parking. la -'14'✓*v -n,.L Tukwila, WA 98188 King County Building Type. Class B Warehouse Building Status. Existing Building Size. 28,695 SF Land Area. Space Avail 28,695 SF Max Contig. 28,695 SF Smallest Space. 28,695 SF Rent/SF/Yr Negotiable Stories. 1 Leased 0% Parking: 20 free Surface Spaces are available, Ratio of 0.69/1,000 SF For Sale. Not For Sale Landlord Rep Segale Properties Diane M. Decker 206 575 -2000 28,695 SF /3,333 ofc (28,695 SF) 1121 W4f2A1**, Tukwila, WA 98188 King County Space Avail: 67,362 SF Max Contig: 67,362 SF Smallest Space. 67,362 SF Rent/SF/Yr Negotiable Leased: 73.1% Building Type: Class B Warehouse Building Status. Built 1978 Building Size. 250,000 SF Land Area: 34 AC Stories. 2 Expenses: 2009 Tax $1.20 /sf Parking. 230 free Surface Spaces are available, Ratio of 1.00/1,000 SF For Sale. Not For Sale Landlord Rep Segale Properties Diane M. Decker 206 575 -2000 67,362 SF /3,506 ofc (67,362 SF) This copyrighted report contains research licensed to enterprisereattle 467390. 4/8/2010 Page 17 249 250 Tukwila, WA 98188 King County Sales Company EHI Real Estate Advisors, LLC Pat Suarez (206) 325 -9300 Landlord Rep EHI Real Estate Advisors, LLC Pat Suarez 206 325 -9300 45,146 SF (45,146 SF) Tukwila, WA 98188 King County Landlord Rep Colliers International Wilma Warshak 253 -926 -6000 Leasing Company Colliers International Zane Shiras 253 680 -6606 Wilma Warshak 253 926 -6000 20,000 SF (20,000 SF) Building Notes. Potential for outside storage. Tukwila, WA 98188 King County r. Building Type. Class C Warehouse Space Avail 45,146 SF Building Status. Built 1968 Max Contig 45,146 SF Building Size 45,146 SF Smallest Space, 45,146 SF Land Area. 2.13 AC Rent/SF/Yr $4.80 -$8.40 Stories. 2 Leased 100% Parking 52 Surface Spaces are available; Ratio of 1.20/1,000 SF For Sale For Sale at $3,750,000 ($83.06/SF) Under Contract Building Type. Class B Warehouse Building Status. Built 1966 Building Size. 81,660 SF Land Area. 7.65 AC Stories. 1 Expenses. 2009 Tax $1.15/sf Parking 64 free Surface Spaces are available, Ratio of 0.50/1,000 SF For Sale, Not For Sale Building Type. Class B Warehouse Building Status: Built 1966 Building Size: 81,225 SF Land Area. 7.65 AC Stories: 1 Expenses: 2009 Tax $1.16/sf Parking: 75 free Surface Spaces are available For Sale. Not For Sale t f t. Space Avail. 20,000 SF Max Contig: 20,000 SF Smallest Space. 20,000 SF Rent/SF/Yr $4.32 Leased: 75.5% Space Avail 61,225 SF Max Contig: 61,225 SF Smallest Space. 20,000 SF Rent/SF/Yr $4.44 Leased. 100% Landlord Rep Colliers International Wilma Warshak 253 926 -6000 Leasing Company Colliers International Wilma Warshak 253 -926 -6000 Zane Shiras 253- 680 -6606 61,225 SF /2,625 ofc (20,000 61,225 SF) Building Notes. SR -167 and 1 -405 access This copynghted report contains research licensed to enterpriseSeattle 467390. 4/8/2010 Page 18 601-626 Strandef Tukwila, WA 98188 King County k Fs4_ iaiide Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Type Class C Warehouse Building Status. Built 1975 Building Size. 23,360 SF Land Area 0.95 AC Stories 2 Expenses 2009 Tax $4.25 /sf Parking 64 free Surface Spaces are available, Ratio of 2.50/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 -575 -0765 9,068 SF /3,882 ofc (725 -1,400 SF) Building Notes_ Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks, 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. Building Type. Class C Warehouse Building Status. Built 1975 Building Size 16,320 SF Land Area. 0.95 AC Stories 2 Expenses 2009 Tax $6.08 /sf Parking: 40 free Surface Spaces are available, Ratio of 2.50/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 1,424 SF /815 ofc (224 -1,200 SF) Building Notes: Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks. 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. Building Type Class C Warehouse Building Status Built 1975 Building Size 15,672 SF Land Area. 0.95 AC Stories. 2 Expenses 2009 Tax $6.33/sf Parking: 58 free Surface Spaces are available, 2.50/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206- 575 -0765 4,649 SF (700 -3,235 SF) This copyrighted report contains research licensed to enterpnseSeattle 467390. Space Avail. 9,068 SF Max Contig• 1,400 SF Smallest Space 725 SF Rent/SF/Y• $13.68 -$17 04 Leased 61.2% Space Avail 1,424 SF Max Contig 1,200 SF Smallest Space. 224 SF Rent/SF/Y• $14 40- $15.48 Leased 91.3% pF Space Avail 4,649 SF Max Contig: 3,235 SF Smallest Space. 700 SF Rent/SF/Yr $15.00- $16.49 Leased 70.3% Ratio of M 4/8/2010 Page 19 251 252 Qfi5tilav,t iar AKA 10655 Pacific Hwy S Tukwila, WA 98168 King County Tukwila, WA 98188 King County Landlord Rep Tukwila, WA 98188 King County Building Type. Building Status. Building Size. Land Area: Stories Parking. For Sale. ai Landlord Rep Pacific Real Estate Partners, Inc. Scott Carter 425 974 -4004 Andrew Stark 425 974 -4000 5,644 SF (5,644 SF) Building Notes_ Former Suburban Propan warehouse property near 1 -5 and Hwy 599 Landlord Rep Company information unavailable at this time Building Notes: Class B Warehouse Space Avail 5,644 SF Existing Max Contig 5,644 SF 5,644 SF Smallest Space. 5,644 SF 0.64 AC Rent/SF/Yr $6.00 1 Leased 0% 8 Surface Spaces are available Not For Sale Building Type. Class C Warehouse Building Status. Built 1979 Building Size. 53,040 SF Land Area. 4 43 AC Stories. 1 Expenses: 2009 Tax $0.14/sf Parking: 184 free Surface Spaces are available; Ratio of 3.00/1,000 SF For Sale: Not For Sale Space Avail 7,100 SF Max Contig: 7,100 SF Smallest Space. 7,100 SF Rent/SF/Yr $5.88 Leased. 100% Sound Commercial Partners, Inc. 1 Phil S. Newell 425- 656 -0566 7,100 SF /3,800 ofc (7,100 SF) Building Type Class B Warehouse Building Status: Built 1966, Renov 2005 Building Size. 21,043 SF Land Area: 1 99 AC Stories. 1 Expenses. 2009 Tax $0.82/sf Parking 22 free Surface Spaces are available; Ratio of 1.05/1,000 SF For Sale: Not For Sale Space Avail 3,250 SF Max Contig• 3,250 SF Smallest Space. 3,250 SF Rent/SF /Yr Negotiable Leased• 84.6% Great exposure along West Valley Hwy Approximately 19,793 sq ft main building, plus 1,250 sq ft metal shed. Approximately 7,000 sq ft of office area on two floors. Approximately 1 99 acres total land leaves approximately 1 acre of yard Portions of the yard area are fenced with razor wire on a concrete pad. Approximately 15,000 sq ft footprint. Heavy power and lighting. C /LI zoning allows a variety of industrial, retail and office uses. Complete remodel completed in 2005 This copyrighted report contains research licensed to enterpnseSeattle 487390 ?t( r,1 4/8/2010 Page 20 60.0:47 :0 yli._ ife}r'H €yr_ Tukwila, WA 98188 King County Building Type. Class B Warehouse Space Avail 42,179 SF Building Status Built 1986 Max Contig 28,700 SF Building Size. 123,000 SF Smallest Space. 776 SF Land Area. 6.38 AC Rent/SF/Yr $5.16 -$9.00 Stories. 2 Leased 65.7% Expenses: 2006 Ops $1.44/sf Parking 136 free Surface Spaces are available; Ratio of 2.00/1,000 SF For Sale. Not For Sale Landlord Rep The Andover Company, Inc. George Rockwell 206 -336 -5328 42,179 SF /12,421 ofc (776- 27,924 SF) Building Notes: North Valley Business Park is located five minutes from Southcenter and has multi- tenant exposure to West Valley Highway This copyrighted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 21 253 This copynghted report contains research licensed to enterpnseSeattle 467390. 4/8/2010 Page 1 254 IS i3 O1 48th #ve WOO ari tacley Tukwila, WA 98168 King County Sales Company Building Notes: Proven location Ideally located off the busy intersection of Interurban Avenue and I -5 and centrally located between Seattle and SeaTac Airpor t Steel and block construction built in 2000 in excellent condition Ample parking for showroom/ destination retail with 40+ sur face stalls (1 16/1,000) Heavy capacity power lift service bay for access to storage mezzanine, plus passenger elevator Attractive, well- maintained landscaping Extraordinarily tall highway- visible pole sign is seen by 185,000+ cars per day on 1 -5 35,000 SF single tenant retail or production facility Approximately 25,000 SF of high finish, ground -level showroom space with high quality showroom finishes. Mezzanine area of approximnately 10,000 SF 1 7 acre site Landlord Rep Zoning. C /LI (Commercial /Light Industrial) Tukwila, WA 98168 King County Building Type. Class B Flex/Showroom Space Avail 35,000 SF Building Status. Built 2000 Max Contig 35,000 SF Building Size. 35,000 SF Smallest Space. 10,000 SF Land Area. 1.70 AC Rent/SF/Yr $7.80 Stories 2 Leased 0% Parking 40 free Surface Spaces are available; Ratio of 1 1611,000 SF For Sale. For Sale at $2,975,000 ($85.00/SF) Active Pacific Real Estate Partners, Inc.. Wyk Parker (425) 974 -4000 x330, Dan Foster (425) 974 -4022, Matthew Hinrichs (425) 974 -4000 Pacific Real Estate Partners, Inc. Matthew Hinrichs 425-974-4000 Dan Foster 425 974 -4022 Wyk Parker 425- 974- 4000x330 35,000 SF (10,000- 25,000 SF) v ctsari Otd Building Type. Class B Flex Building Status: Built 1990 Building Size. 59,300 SF Land Area: 6.03 AC Stories. 2 Expenses: 2007 Ops $2.40 /sf Parking 136 Surface Spaces are available For Sale. Not For Sale Space Avail. 8,446 SF Max Contig: 8,446 SF Smallest Space. 8,446 SF Rent/SF/Yr $11.28 Leased 85.8% Landlord Rep GVA Kidder Mathews Jim Kidder 206 248 -7328 Ted McCaffray 206 248 -7336 Peter Wooding 206 248 -7300 Brian Clapp 206- 248 -7316 8,446 SF 13,300 ofc (8,446 SF) This copyrighted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 2 255 256 +jj }lt '.L t Tukwila, WA 98168 King County Tukwila, WA 98168 King County Space Avail 5,429 SF Max Contig. 5,429 SF Smallest Space. 5,429 SF Rent/SF/Yr $13.68 Leased 89.2% Building Type. Class B Flex Building Status: Built 1991 Building Size. 50,254 SF Land Area. 5.79 AC Stories: 1 Expenses. 2007 Ops $2.40 /sf Parking: 108 Surface Spaces are available; Ratio of 2.15/1,000 SF For Sale: Not For Sale Landlord Rep GVA Kidder Mathews Jim Kidder 206 248 -7328 I Ted McCaffray 206- 248 -7336 I Peter Wooding 206 248 -7300 Brian Clapp 206 -248 -7316 5,429 SF /3,569 ofc (5,429 SF) weitwanw 5 Building Type: Class B Flex/Telecom Hotel /Data Hosting Building Status. Built 1977 Building Size: 236,393 SF Land Area: 18.62 AC Stories: 2 Parking' 38 Surface Spaces are available For Sale. Not For Sale Space Avail 169,924 SF Max Contig. 121,868 SF Smallest Space. 36,928 SF Rent/SF/Yr $6.60- $12.25 Leased 48.5% Landlord Rep Sabey Corporation Joe Sabey 206 277 -5207 John Ford 206 -281 -8700 121,868 SF /69,317 ofc (36,928- 47,902 SF) Sublet Contact: CB Richard Ellis John L. Sullivan 206 223 -0200 John Gilliland 206- 223 -0200 Tom Pehl 206 -442 -2722 48,056 SF /69,317 ofc (48,056 SF) Building Notes: The Intergate Seattle campus is one of the largest multi tenant Internet campuses in the world. Designed for internet hosting centers, telecom and colocation facilities, the campus can readily accommodate both large and small data center users with ample space for office and warehouse The Intergate campus won the 2001 NAIOP Flex -Tech Project of the Year The property is located in South Seattle adjacent to Hwys 99 599 with easy access to 1 -5, and is just 6 minutes to Sea -Tac Airport and 12 minutes to downtown Seattle. This copyrighted report contains research licensed to enterpnseSeattte 467390 4/8/2010 Page 3 Tukwila, WA 98168 King County iiir Tukwila, WA 98188 King County riate Building Type. Class B Flex Building Status: Built 2001 Building Size. 513,981 SF Land Area 9.12 AC Stories 3 Expenses: 2009 Tax $0.50/sf Parking: 84 Surface Spaces are available For Sale. Not For Sale Space Avail 137,352 SF Max Contig: 57,000 SF Smallest Space 2,000 SF Rent/SF/Yr Negotiable Leased 85.0% Landlord Rep Sabey Corporation John Ford 206 281 -8700 John Sabey 206- 277 -5257 137,352 SF (2,000 57,000 SF) Building_Notes: This building is the flagship facility of Intergate.Seattle, the largest multi- tenant data center and Internet campus in the world. This state of the art facility was designed and constructed to provide unparalleled reliability for the data center customer Each of the 100,000 sq ft+ floor plates can be built to suit to accommodate data center, office, storage, etc. SDC52 on Floor 2 of Building 5 is a Sabey- managed data center facility with pods developed to accommodate the mid -sized user The lntergate campus won the 2001 NAIOP Flex -Tech Project of the Year This building was formerly a single -story Boeing wing manufacturing plant. It was renovated and is now a three -story data center Also, the year built represents the date the renovation was completed Building Type. Class C Flex Space Avail 3,000 SF Building Status. Built 1975, Renov 1979 Max Contig: 3,000 SF Smallest Space. 3,000 SF Rent/SF/Yr $18.00 Leased 92.7% Building Size. 41,286 SF Land Area. 1.84 AC Stories 1 Expenses. 2006 Est Ups $0.49 /sf Parking: 70 free Surface Spaces are available, Ratio of 1.70/1,000 SF For Sale: Not For Sale Landlord Rep Rainier Pacific Properties Sophia Wong 425 -518 -0012 Leasing Company William Lipcomb Bill Lipcomb 206 -650 -6933 3,000 SF (3,000 SF) Building Notes: Tukwila lies in the heart of the Puget Sound region, sitting 12 miles south of downtown Seattle, 17 miles north of downtown Tacoma, just east of Seattle- Tacoma International Airport, and at the crossroads of two major interstate highways, 1 -5 and 1 -405 Its central location makes Tukwila an ideal site for approximately 2,000 businesses. This copyrighted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 4 257 258 Tukwila, WA 98188 King County AKA 12644 Interurban Ave S Tukwila, WA 98168 King County Building Notes: Exposure to Interurban Ave. Tukwila, WA 98168 King County Building Type. Building Status. Building Size. Land Area. Stories: Parking: For Sale. Class B Flex Built 1978 36,280 SF 2.63 AC 1 100 free Surface 2.7611,000 SF Not For Sale Building Notes_ Andover West exposure. A few blocks from the mall! Common area restrooms Building Type: Class B Flex/R &D Building Status: Built 1990 Building Size: 38,120 SF Land Area: 3.80 AC Stories: 1 Expenses. 2007 Ops $3.12 /sf Space Avail. 10,780 SF Max Contig: 10,780 SF Smallest Space. 5,390 SF Rent/SF/Yr $8.40- $15.00 Leased 70.3% Spaces are available; Ratio of Landlord Rep The Andover Company, Inc. /Michael A. Hemphill 206 336 -5325 Jim Bisset 206 336 -5334 10,780 SF (5,390 SF) MO Space Avail. 6,250 SF Max Contig: 6,250 SF Smallest Space. 6,250 SF Rent/SF/Yr $15.00 Leased 83.6% Parking: 112 free Surface Spaces are available; Ratio of 2.94/1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Jim Kidder 206 248 -7328 Ted McCaffray 206- 248 -7336 Peter Wooding 206- 248 -7300 Brian Clapp 206 248 -7316 6,250 SF /4,816 ofc (6,250 SF) m etal, T i 4 Building Type. Class B Flex/R &D Building Status: Built 1986 Building Size. 70,550 SF Land Area: 4.40 AC Stories. 1 Expenses: 2007 Ops $3.34/sf Parking: 144 free Surface Spaces are available; Free Covered Spaces; Ratio of 0.65/1,000 SF For Sale. Not For Sale Space Avail 15,288 SF Max Contig. 15,288 SF Smallest Space. 15,288 SF Rent/SF/Yr $10.56 Leased. 78.3% Landlord Rep GVA Kidder Mathews Jim Kidder 206 248 -7328 Ted McCaffrey 206 -248 -7336 Peter Wooding 206 248 -7300 Brian Clapp 206 248 -7316 15,288 SF /4,720 ofc (15,288 SF) This copynghted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 5 24 4 2a Tukwila, WA 98168 King County CIP Tukwila, WA 98188 King County Tukwila, WA 98188 King County tea Building Type; Class B Flex/R &D Building Status. Built 1986 Building Size. 45,728 SF Land Area. 2.59 AC Stories: 1 Expenses. 2007 Ops $3.12/sf Parking: 144 free Surface Spaces are available; 0.63 /1,000 SF For Sale. Not For Sale Landlord Rep GVA Kidder Mathews Jim Kidder 206 248 -7328 Ted McCaffrey 206 248 -73361 Peter Wooding 206- 248 -7300 Brian Clapp 206 248 -7316 4,700 SF /1,550 ofc (4,700 SF) Building Type. Class C Flex Building Status: Built 1970 Building Size. 14,241 SF Land Area: 7 AC Stories. 1 Expenses: 2003 Est Ops $3.00 /sf Parking: 44 free Surface Spaces are available For Sale. Not For Sale Landlord Rep Company information unavailable at this time Building Notes: Wonderfully located near intersection of 1 -5 and 1-405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. 6 5% commission to procuring broker Space Avail 4,700 SF Max Contig 4,700 SF Smallest Space 4,700 SF Rent/SF/Yr $10.80 Leased 89.7% Space Avail 11,248 SF Max Contig: 5,624 SF Smallest Space 5,624 SF Rent/SF/Yr $15.50- $16.50 Leased. 100% Space Avail 2,415 SF Max Contig 758 SF Smallest Space. 352 SF Rent/SF/Yr $14.00 Leased 86.9% Building Type. Class C Flex/Light Manufacturing Building Status. Built 1973 Building Size. 18,425 SF Land Area: 0.30 AC Stories 2 Expenses: 2003 Est Ops $3.00 /sf Parking: 60 free Surface Spaces are available; Ratio of 0.80 /1,000 SF For Sale. Not For Sale Landlord Rep Company information unavailable at this time Building Notes: Wonderfully located near intersection of I -5 and 1-405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. 6 5% commission to procuring broker Ratio of This copynghted report contains research licensed to enterpriseSeattle 467390 4/8/2010 Page 6 259 260 dusty i3 Arrdvi/er E e !v *f rl 01' Tukwila, WA 98188 King County Landlord Rep: Company information unavailable at this time Building Notes: Tukwila, WA 98188 King County Tukwila, WA 98188 King County Landlord Rep Company information unavailable at this time Building Notes: Building Type. Class C Flex Building Status Built 1975 Building Size 20,029 SF Land Area. 0.20 AC Stories. 2 Expenses. 2003 Est Ops $2.00 /sf Parking: Free Covered Spaces; 34 free Surface Spaces are available; Ratio of 0.70/1,000 SF For Sale. Not For Sale Space Avail: 1,650 SF Max Contig: 1,650 SF Smallest Space. 1,650 SF Rent/SF/Yr $7.32 Leased 91.8% Wonderfully located near intersection of 1 -5 and 1-405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. 6 5% commission to procuring broker Landlord Rep Company information unavailable at this time Building Notes: Wonderfully located near intersection of 1 -5 and 1-405, just 10 minutes from downtown Seattle and Seattle Tacoma International Airport. 6 5% commission to procuring broker Wonderfully located near intersection of 1 -5 and 1-405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. 6.5% commission to procuring broker Building Type. Class C Flex Space Avail: 9,034 SF Building Status Built 1973 Max Contig: 4,901 SF Building Size. 17,719 SF Smallest Space: 299 SF Land Area. 0.30 AC Rent/SF/Yr $6.48- $14.00 Stories 2 Leased. 85.1% Expenses: 2007 Tax $2.77 /sf Parking: Free Covered Spaces; 72 free Surface Spaces are available; Ratio of 1.30/1,000 SF For Sale. Not For Sale Building Type: Class C Flex Building Status: Built 1975 Building Size. 13,200 SF Land Area. 0.30 AC Stories. 1 Expenses. 2003 Est Ops $3.00 /sf Parking: 38 free Surface Spaces are available; Free Covered Spaces; Ratio of 1.20/1,000 SF For Sale. Not For Sale Space Avail: 9,600 SF Max Contig. 9,600 SF Smallest Space. 9,600 SF Rent/SF/Yr $0.58 Leased: 27.3% This copyrighted report contains research licensed to enterpnseSeattle 467390 C 4/8/2010 Page 7 Tukwila, WA 98188 King County Landlord Rep' Company information unavailable at this time Building Notes: Located near intersection of 1 -5 and 1-405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. Building features include on -site management, on -site maintenance, and a conference room. Tukwila, WA 98188 King County Landlord Rep Company information unavailable at this time Building Notes: Wonderfully located near intersection of 1 -5 and 1-405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. 6 5% commission to procuring broker Tukwila, WA 98188 King County tz3ve�.€�eci Building Type. Class C Flex Building Status. Built 1975 Building Size. 16,000 SF Land Area: 0.30 AC Stones. 1 Expenses. 2003 Est Ops $3.00 /sf Parking: 62 free Surface Spaces are available; Ratio of 0.7011,000 SF For Sale. Not For Sale Building Type. Class C Flex Building Status: Built 1975 Building Size. 24,000 SF Land Area: 0.50 AC Stories 1 Landlord Rep Company information unavailable at this time Building Notes_ Space Avail. 5,528 SF Max Contig: 5,528 SF Smallest Space' 5,528 SF Rent/SF/Yr $6.48 Leased 65.5° Space Avail 21,900 SF Max Contig 10,500 SF Smallest Space. 900 SF Rent/SF/Yr $6.36- $14.00 Leased 52.5% Expenses: 2003 Est Ops $3.00 /sf Parking: 66 Surface Spaces are available; Ratio of 0.80/1,000 SF For Sale. Not For Sale �Y. Space Avail. 7,140 SF Max Contig 3,000 SF Smallest Space. 1,640 SF Rent/SF/Yr $6.00- $13.00 Leased' 64.3% Building Type: Class C Flex Building Status. Built 1975 Building Size: 13,000 SF Land Area. 0.30 AC Stories. 1 Expenses: 2003 Est Ops $3.00 /sf Parking: 44 free Surface Spaces are available; Ratio of 0.70 /1,000 SF For Sale. Not For Sale Wonderfully located near intersection of 1 -5 and 1 -405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. 6 5% commission to procuring broker This copynghted report contains research licensed to enterpnseSeattle 467390. 4/8/2010 Page 8 261 262 Tukwila, WA 98188 King County Landlord Rep Company information unavailable at this time Building Notes: Wonderfully located near intersection of 1 -5 and 1 -405, just 10 minutes from downtown Seattle and Seattle- Tacoma International Airport. 6 5% commission to procuring broker eta Tukwila, WA 98188 King County WIXOM' AM Landlord Rep Building Type. Class C Flex Building Status. Built 1973 Building Size. 19,200 SF Land Area. 7 70 AC Stories. 1 Expenses: 2003 Est Ops $3.00 /sf Parking: 40 free Surface Spaces are available For Sale. Not For Sale L_• Tukwila, WA 98188 Building Type. Class B Flex/Light King County Manufacturing Building Status: Built 1978 Building Size: 15,972 SF Land Area: 1.32 AC Stories: 1 Expenses. 2009 Tax $9.12 /sf Parking: 47 free Surface Spaces 1.00/1,000 SF For Sale. Not For Sale Space Avail 8,436 SF Max Contig 3,509 SF Smallest Space. 902 SF Rent/SF/Yr $14.00 Leased 56.1% Building Type. Class C Flex/Light Manufacturing Building Status. Built 1978 Building Size: 16,792 SF Land Area: 1.32 AC Stories: 1 Expenses: 2009 Tax $8.67 /sf Parking: 48 free Surface Spaces are available; 1.00 /1,000 SF For Sale. Not For Sale Space Avail 8,450 SF Max Contig. 3,498 SF Smallest Space 600 SF Rent/SF/Yr $1.13 $16.50 Leased. 49.7% Ratio of Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 -575 -0765 8,450 SF /3,851 ofc (600 -1,752 SF) Building Notes: Group of 27 buildings, varying between one and two stories. Property is in proximity to restaurants, golf, shopping, and banks, the 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. 1:. Space Avail 3,900 SF Max Contig: 2,100 SF Smallest Space. 1,800 SF Rent/SF/Yr $14 16- $14.52 Leased. 75.6% are available; Ratio of GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 3,900 SF /2,605 ofc (1,800 -2,100 SF) This copyrighted report contains research licensed to enterpnseSeattle 467390 t E71 1 't'-. 4/8/2010 Page 9 12830;1 131i6 to Tukwila, WA 98168 King County rek Landlord Rep GVA Kidder Mathews Jim Kidder 206- 248 -7328 Brian Clapp 206 -248 -7316 Peter Wooding 206 -248 -7300 Ted McCaffrey 206 248 -7336 15,208 SF /7,475 ofc (6,950 -8,258 SF) Sublet Contact: GVA Kidder Mathews Jim Kidder 206 248 -7328 Brian Clapp 206 -248 -7316 2,492 SF /7,475 ofc (1,400 -2,492 SF) Tukwila, WA 98168 King County aka The Chatham Bldg Tukwila, WA 98168 King County yurbAnAyo Building Type. Class B Flex Building Status Built 1986 Max Contig 8,258 SF Building Size 52,380 SF Smallest Space. 1,400 SF Land Area. 1.19 AC Rent/SF/Yr $12.36 -$21 12 Stories 1 Leased 84.2% Expenses 2007 Ops $3.12/sf, 2009 Est Ops $2.76/sf Parking 78 free Surface Spaces are available, Ratio of 1 49/1,000 SF For Sale. Not For Sale Building Type. Class C Flex Building Status. Built 1987 Building Size. 10,483 SF Land Area. 0.57 AC Stories: 2 Expenses. 2002 Tax $2. For Sale. Not For Sale Landlord Rep Leibsohn Company Tyler Jones 425 586 -4647 Ron Waldbaum 425 586 -4640 Royce Cottle 425 586 -4656 Tricia Law 425 586 -4659 10,483 SF /5,578 ofc (700 -9,783 SF) Building Notes: 3/02 Kenneth Elburn, Tr purchased the building from Elmer Bobbie Jones. Vanguard Capital Group represented both the buyer and the seller Please reference Comps #KGC- 31438 -04 -0220 for more information. Building Type. Class B Flex Building Status Built 1996 Building Size. 37,520 SF Land Area. 2.93 AC Stories 1 Expenses. 2010 Ops $3.24 /sf Parking: 142 Surface Spaces are available For Sale. Not For Sale Space Avail 17,700 SF Space Avail. 10,483 SF Max Contig: 10,483 SF Smallest Space. 700 SF Rent/SF/Yr $7.20 $13.20 Leased 0% 09 /sf; 2010 Ops $2.16 /sf Space Avail. 29,520 SF Max Contig: 29,520 SF Smallest Space 29,520 SF Rent/SF/Yr $18.00 Leased 21.3% Landlord Rep NAI Puget Sound Properties Inc. Mike Newton 425 586 5626x126 Kent Channing 425 -586 -5628 29,520 SF /5,000 ofc (29,520 SF) This copyrighted report contains research licensed to enterpnseSeattle 467390 4/8/2010 Page 10 263 264 Tukwila, WA 98188 King County Tukwila, WA 98188 King County Building Type: Class C Flex Building Status. Built 1975 Building Size: 9,504 SF Land Area: 0.95 AC Stories: 1 Expenses: 2009 Tax $10.44/sf Parking: 60 free Surface Spaces 2.50/1,000 SF For Sale: Not For Sale Space Avail 1,568 SF Max Contig' 1,568 SF Smallest Space. 1,568 SF Rent/SF/Yr $13.56 Leased 83.5% Landlord Rep GVA Kidder Mathews 1 Tyler Litzenberger 206- 575 -0765 1,568 SF (1,568 SF) Building Notes: Group of 27 buildings, varying between one and two stories. In proximity to restaurants, golf, shopping, and banks, 1 -5, 1 -405, SR 518, and SeaTac International Airport are close by Floor plans are varied. are available, Ratio of Space Avail 6,159 SF Max Contig: 2,567 SF Smallest Space. 1,310 SF Rent/SF/Yr $12.50 $16,50 Leased. 65.4% Building Type: Class C Flex Building Status. Built 1975 Building Size. 17,820 SF Land Area. 0.95 AC Stories: 2 Expenses: 2009 Tax $5.57/sf Parking: 66 free Surface Spaces are available; Ratio of 2.50/1,000 SF For Sale: Not For Sale Landlord Rep GVA Kidder Mathews Tyler Litzenberger 206 575 -0765 6,159 SF (1,310 -2,567 SF) This copyrighted report contains research licensed to enterpnseSeattle 467390 TUKWILA COMPREHENSIVE PLAN Tukwila Urban Center Board of Architectural Review standards to enforce quality landscape and design. 4 Standards for screening and mitigating truck loading, service area, and outdoor storage in front yard setback or within view of the primary public street. 10.1.4 Tukwila Urban Center Residential Uses. Allow residential development in proximity to water amenities or within walking distance of the Sounder commuter rail /Amtrak station, subject to special design standards. IMPLEMENTATION STRATEGY Tukwila Pond, Minkler Pond and Green River areas, through a variety of regulatory measures and incentives, should provide opportunities for residential development. Goal 10.2 Urban Development Encourage and allow a central focus for the Tukwila Urban Center, with natural and built environments that are attractive, functional, and distinctive, and supports a range of mixed uses promoting business, shopping, recreation, entertainment, and residential opportunities. Urban Development Policies 10.2.1 Natural Environment. Recognize, protect, and enhance the open space network by augmenting existing parks, enhancing access to passive and active recreation areas such as Tukwila Pond, Minkler Pond and the Green River; and by improving air and water quality and preserving natural resources; thereby effectively integrating the natural and built environments in the Tukwila Urban Center. IMPLEMENTATION STRATEGIES Guidelines and incentives for providing open space Public /private partnerships 4 Use of indigenous plant materials 4 Use of water saving plant materials Use of plant materials with wildlife habitat value Water quality improvement program for Tukwila Pond 116 December 2008 Attachment QQ 265 266 j Notes APOUESI Trip to 400 S 43rd St Renton, WA 98055 -5714 1.96 miles about 5 minutes W Valley Hwy S 180th St, Seattle, WA 98188 1 Start out going EAST on S 180TH ST toward 71ST AVE S 2. S 180TH ST becomes S 43RD ST 3 Turn RIGHT onto DAVIS AVE S 4 Turn LEFT onto S 45TH PL. 5 Turn LEFT onto TALBOT RD S 6 Turn LEFT onto S 43RD ST 7 400 S 43RD ST is on the RIGHT 400 S 43rd St, Renton, WA 98055 -5714 Total Travel Estimate 1.96 miles about 5 minutes Route Map Hide http: /www.mapquest.com/print Attachment RR go 1 4 mi go 0 0 mi go 0 2 mi go 0 1 mi go 0 2 mi go 0 0 mi go 0 0 mi r c1gG 1 01 G 05/11 /20 7 MAPQUEST All riohts reserved. Use subiect to License/Coovrioht Mao Leoend Directions / Map MapQuest Portion, 02010 Directions and maps are informational only We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use 2 Uttp://wvvw.mapquest.com/print 05/11/2010 268 269 Attachment SS Aerial Map Poassible Areas for Crisis Diversion Facilities (CDF) / Crisis Diversion Interim Services Facility (CDIS) 270 1 CAS NUMBER: IC) Fund Source: Comments: MTG. DATE 5/17/10 MTG. DATE 5/17/10 1I CATEGORY Discussion 1 1 Motion Mtg Date 5/17/10 Mtg Date EXPENDITURE REQUIRED $o Meeting Date 05/17/10 1 .7 9 COUNCIL AGENDA SYNOPSIS 1 1 Mtg Date Prepared by SMK Initials ITEM INFORMATION M�ayoor 1 r'sze ouncil_r�eview RI MEWED BY 1 1 COW Mtg. 11 CA &P Cmte n F &S Cmte ORIGINAL AGENDA DATE: MAY 17, 2010 AGE NDA ITEM TITLE Amendment to Development Agreement by and between the City of Tukwila and Segale Properties. Resolution Ordinance n Bid Award Public Hearing n Other Mtg Date 5/17/10 Mtg Date SPONSOR Council 1 1 Mayor Li Adm Svcs n DCD Finance f v Fire I I Legal I P&R n Police U PW SPONSOR'S SUMMARY Due to delay in Federal 404 Permit issuance, the method of right of way acquisition needs to be modified so that the City's construction of Southcenter Parkway can begin on schedule. Utilities Cmte Arts Comm. Parks Comm. COST IMPACT/ FUND SOURCE AMOUNT BUDGETED $o Mtg Date 5/17/10 Mtg Dale I DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Approve Development Agreement Amendment No 1 COMMI I"I•EE RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated May 11, 2010 Ordinance in final form, with first amendment to the Development Agreement Development Agreement in Strike -thru Underline format IrEMNo. Transportation Cmte Planning Comm. APPROPRIATION REQUIRED $o 271 272 TO: RECOMMENDATION City of Tukwila Approve the amendment as presented. INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Shelley Kerslake, City Attorney DATE: May 11, 2010 SUBJECT: First Amendment to Development Agreement with La Pianta (now known as Segale Properties) ATTACHMENTS Ordinance in final form -First Amendment to Development Agreement by and between the City of Tukwila and La Pianta (now known as Segale Properties, LLC). Jim Haggerton, Mayor ISSUE Whether the development agreement with La Pianta should be amended to require immediate transfer of right of way to facilitate timely construction of Southcenter Parkway extension and extend the time for obtaining a 404 permit. BACKGROUND The development agreement entered into with Segale Properties in June 2009, contemplated that the Army Corp of Engineers would issue a 404 permit by June 30, 2010. This permit allows for the levee modification work that needs to be accomplished to facilitate development as well as the City's road project. Final permit approval has not yet occurred, and is still in process. Should the 404 permit issuance be delayed any further, the City has the ability to obtain a Nationwide Permit to complete the road project; thus, the City's project can proceed. However, because the issuance of the 404 permit was a critical path item in the development agreement, amendments are necessary to seek relief from those dates. In addition, the Southcenter Parkway Extension Project requires that the City has the deeds to the right -of -way, before a contract is awarded, to ensure that there is no financial impact to the City should the development be delayed or halted by federal permit issues. DISCUSSION The proposed amendments accomplish two primary goals: (1) Allow the City's road project to proceed. The amendment calls for deeds to be put in escrow for the City, to be released upon completion of the Southcenter Parkway Extension Project and allows for storm drainage contingencies; and (2) Addresses the reality of the federal permitting process, which is outside of the control of the parties and is taking longer than expected. Alternatives: (1) Approve the amendment to the development agreement. (2) Decline to approve the amendment and the Agreement will terminate and will cause the City to reject all bids and return the funds obtained for the Southcenter Parkway Extension Project. 273 274 Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney ty of Tukwlla Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTWE DATE. WHEREAS, on June 8, 2009, the City of Tukwila adopted Ordinance No. 2233, which authorized the Mayor to sign and enter into that certain Development Agreement No. 09 -100 (the "Development Agreement between La Pianta LLC and the City of Tukwila relating to the Tukwila South development; and WHEREAS, La Pianta LLC formally changed their name from La Pianta LLC to Segale Properties LLC effective January 1, 2010; and WHEREAS, the City is prepared to begin construction of the Southcenter Parkway Extension project in June 2010, but Segale Properties LLC has not yet obtained final approval of the 404 Permit and the Levee Modification (all as defined in the Development Agreement); and WHEREAS, the Development Agreement provides in Section 4.2 that it will automatically terminate on June 30, 2010 if by that date final approval of the 404 Permit and the Levee Modification have not been obtained; and if the Development Agreement terminates as set forth in Section 4.2, the City will not be able to commence construction of the Southcenter Parkway project in June 2010; and WHEREAS, Segale Properties LLC desires to cooperate with the City in amending the Development Agreement to allow for the commencement of construction of the Southcenter Parkway project in June 2010, including the dedication of necessary right -of -way for the Southcenter Parkway project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Amendment Adopted. The City of Tukwila hereby adopts and authorizes the Mayor to sign the "First Amendment to the Development Agreement By and Between the City of Tukwila and Segale Properties LLC for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. SeverabiIity. 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 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 2010. ATTEST/ AUTHENTICATED: Exhibit A: First Amendment to the Development Agreement By and Between the City of Tukwila and Segale Properties LLC for the Tukwila South Development W: \Word Processing Ordinances Segale Development Agreement.doc SK:1sn 05/12/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 1 of 1 275 276 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC, FOR THE TUKWILA SOUTH DEVELOPMENT I. RECITALS Strike Through THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "Amendment is made and entered into this day of May, 2010, by and between the CITY OF TUKWILA "City a non charter, optional code Washington municipal corporation, and SEGALE PROPERTTFS LLC, a Washington limited liability company "Segale formerly known as "LA PIANTA LLC." WHEREAS, the City and Segale entered into that certain Development Agreement relating to the Tukwila South development, dated June 10, 2009 (the "Development Agreement WHEREAS, the City is prepared to begin construction of the Southcenter Parkway project in June 2010, but Segale has not yet obtained final approval of the 404 Peimit and the Levee Modification (all as defined in the Development Agreement). WHEREAS, the Development Agreement provides in Section 4.2 that it will automatically terminate on June 30, 2010 if by that date final approval of the 404 Peunit and the Levee Modification had not been obtained. If the Development Agreement terminates as set forth in Section 4.2, the City will not be able to commence construction of the Southcenter Parkway project in June 2010. WHEREAS, Segale desires to cooperate with the City in amending the Development Agreement to allow for the commencement of construction of the Southcenter Parkway project in June 2010, including the dedication of necessary right -of- way for the Southcenter Parkway project. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long -term benefit to both the City and Segale, the parties hereby agree as follows: II. AGREEMENT 1. Defined teens used herein shall have the meanings set forth in the Development Agreement. Segale and La Pianta may be used interchangeably, and shall be deemed to refer to the same entity. 2. Section 4.2 of the Development Agreement is hereby amended to read as follows: 277 278 4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S. Army Corps of Engineers, Seattle District "ACOE an application for modification of the levee system in the Tukwila South Property which will, among other things, peniiit the removal of the existing cross -levee structure at South 196 Street (the "Levee Modification La Pianta has submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit the grading, filling and development of the Tukwila South Property as contemplated in the Tukwila South Master Plan (the "404 Permit The parties will take all reasonable steps necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit in a timely manner. If either the Levee Modification or the 404 Permit has not been issued by the Corps, and all appeal periods having passed with no appeals filed, by JttneSeptember 3040, 20110 (the "Outside Approval Date then upon written notice given by Segale to the City no later than October 15, 2011 (the "Termination Notice"). this Agreement and the Escrow will terminate and all obligations of La Pianta and the City herein will be extinguished. effective as of the Outside Approval Date. except that the following obligations of the respective parties shall survive such termination: (i) the obligation of La Pianta to dedicate property for Southcenter Parkway under Section. 4.3.2, (ii) the obligation of .La Pianta to nay certain fees and costs associated with the construction, relocation and/or upgrade of certain power and water utility systems in connection with the Southcenter Parkway project under Sections 4.3.4, 4.3.4.1 and 4.3.4.2: (iii) the obligation of La Pianta to provide no- cost permanent easements to the storm ponds pursuant to Section 4.3.5.1: and (iv) the obligations of the City under Sections 4.3.8. 4.11 and 4.12. I.f Segale does not timely provide the Termination Notice, then this Agreement shall remain in full force and effect. The Outside Approval Date may be extended by mutual agreement of the parties. As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6 below) all documents, payments and other undertakings required to be delivered prior to the Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404 Permit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as appropriate, all sums and documents held in escrow unless expressly provided otherwise in this Agreement. The City shall incur no costs for the maintenance of the new levee constructed as a result of the Levee Modification. p I +wee T a Pianta to secure shall-result in denial of said permit. Segale shall secure maintenance for the levee prior to certification of the Levee Modification. 3. The City shall cooperate with Segale in good faith, and use reasonable efforts, to secure the issuance of the 404 Permit and Levee Modification. 4. Section 4.3.2 of the Development Agreement is amended in its entirety to read as follows: 4.3.2 Land Dedication for Southcenter Parkway Project. La Pianta agrees to dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just compensation pursuant to RCW 8.12 and any claims under the Washington and Federal Constitutions in connection with the dedication of this right-of-way. La Pianta shall deliver a cc and easements unacceptable to the City) for this land and a signed and dated right of way easement encumbers —tha came property described in the deed, in commercially reasonable foam acceptable to the City, to the Escrow no later than 5 days after the effective date of the annexation specified in Section 4.1. Segale shall also deliver a signed but undated statutory warranty deed (free of all encumbrances and easements unacceptable to the City) for this land to the Escrow no later than May 28, 2010. The City shall prepare and provide to Segale the legal description for the right of way being conveyed no later than May 24, 2010, which legal description shall be subject to the approval of Segale, which approval will not be unreasonably withheld. Upon receipt, the City shall record the right of way easement and retain the undated deed in Escrow until the City is prepared to vacate Frager Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into Escrow to be dated and recorded. Notwithstanding any teiniination of the Agreement under Section 4.2, the Escrow shall continue to hold such deed, and the City shall be entitled to cause the Escrow Agent to release the deed to the City for recording upon final completion, as evidenced by the City Council's acceptance of contract completion of the Southcenter Parkway Proiect. not delivered in the time specified-by this Section, this Agreement will terminate. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458 61A -205. Y Y 5. Pursuant to the Clearing and Grading Pell niit application, Segale proposes to construct, at is sole cost, temporary stoiniwater detention ponds "Temporary Ponds for the purpose of detaining stoiniwater runoff from Southcenter Parkway and South 200 Street. Accordingly, Section 4.3.5.1 of the Development Agreement is hereby amended in its entirety to read as follows: South Facility. Easements and stormwater facilities for the South Facility may, at the discretion of La Pianta, be temporary, provided however, that except as provided in Section 4.3.5.3 below, La Pianta shall. prior to the issuance of the first construction pen for a new building development in the Tukwila South Project outside of the existing Segale Business Park. either: (i) provide permanent, no- 279 280 In addition, items #2 and #4 in the table set forth in Section 5.4.3.1 are hereby amended as follows: cost easement and stormwater facilities in the South Facility- p34et= tethe issuance of the first construction permit for a now building developmei South Project; and (ii) ensure that the South Facility will be operational and ready for use not later than the end of the construction season in the year following the calendar year in which the 404 Permit is issued. In the event this Development Agreement tenninates as set forth in Section 4.2 above, Segale shall provide the City with no -cost permanent easements to the storm ponds constructed pursuant to the Clearing and Grading Pennit and the Shoreline Substantial Development permit (as set forth in Section 4.9). Those ponds shall then become the permanent stormwater facilities to sereve Southce.nter Parkway. For the purposes of this section. a "construction season" shall begin on Mav 1 and terminate on October 15, 2. Install a long -term construction stormwater polymer treatment system. 3. Construct the elevation of the separating berm between the Green River and the Green River Off Channel Habitat Area excavation to prevent Green River inflow to the excavation during the high flow season. 5. Prepare and implement the SAMP wetland mitigation plan to compensate for the filling of low -value wetlands. 6. Prepare and implement a fisheries mitigation plan pursuant to the SAMP. The South Facility shall be €constructed and operational not later than the end of the construction season commencing in the year following the calendar year in which the 404 Permit is issued. as set forth in Section 4.3.5.1 aboveprior to the start of any discharges from the site. }Prior to first wet season gradingconstruction activities within the Green River Off Channel Habitat Area after issuance of the 404 Permit. Approval of SAMP plan by the Department of Community Development Director prior to the start of site mass grading of the area rcauirinc4 the 404 Permitdufing the first COBStRret season; wetland mitigation construction will start not later than the secondthe first year of construction and be complete duringon or before the fourtht-liirel year of construction. Approval of the SAMP plan by the Department of Community Development Director prior to the start of site mass grading of the area requiring a 404 Permit mitigation construction will start not later than the second year of constructiontl3e first -year of construction and be complete on or before the end of the fourthdin-g 6. This Amendment shall be recorded against the Tukwila South Property as a covenant running with the land. 7. Notice address for Segale shall be as follows: 8. Except as amended herein, the te,.uis and provisions of the Development Agreement remain in full force and effect. In Witness Whereof, the parties have caused this Amendment to be executed, effective on the day and year set forth on the first page hereof. CITY OF TUKWILA, a Washington municipal corporation By: Date: Segale Properties LLC, a Washington limited liability corporation By: Metro Land Development, Inc., Its: Manager By: Date: If to Segale: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138 -2028 Attn: Mr. Mark A. Segale Jim Haggerton, Its Mayor Mark_A. Segale, Vice President the third year of construction. 281 282 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC, FOR THE TUKWILA SOUTH DEVELOPMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "Amendment is made and entered into this day of May, 2010, by and between the CITY OF TUKWILA "City a non charter, optional code Washington municipal corporation, and SEGALE PROPERTIES LLC, a Washington limited liability company "Segale formerly known as "LA PIANTA LLC." I. RECITALS WHEREAS, the City and Segale entered into that certain Development Agreement relating to the Tukwila South development, dated June 10, 2009 (the "Development Agreement WHEREAS, the City is prepared to begin construction of the Southcenter Parkway project in June 2010, but Segale has not yet obtained final approval of the 404 Permit and the Levee Modification (all as defined in the Development Agreement). WHEREAS, the Development Agreement provides in Section 4.2 that it will automatically terminate on June 30, 2010 if by that date final approval of the 404 Peunit and the Levee Modification had not been obtained. If the Development Agreement terminates as set forth in Section 4.2, the City will not be able to commence construction of the Southcenter Parkway project in June 2010. WHEREAS, Segale desires to cooperate with the City in amending the Development Agreement to allow for the commencement of construction of the Southcenter Parkway project in June 2010, including the dedication of necessary right -of- way for the Southcenter Parkway project. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long -tei benefit to both the City and Segale, the parties hereby agree as follows: II. AGREEMENT 1, Defined terms used herein shall have the meanings set forth in the Development Agreement. Segale and La Pianta may be used interchangeably, and shall be deemed to refer to the same entity. 2. Section 4.2 of the Development Agreement is hereby amended to read as follows: 283 284 4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S. Army Corps of Engineers, Seattle District "ACOE an application for modification of the levee system in the Tukwila South Property which will, among other things, permit the removal of the existing cross -levee structure at South 196 Street (the "Levee Modification La Pianta has submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit the grading, filling and development of the Tukwila South Property as contemplated in the Tukwila South Master Plan (the "404 Permit The parties will take all reasonable steps necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit in a timely manner. If either the Levee Modification or the 404 Permit has not been issued by the Corps, and all appeal periods having passed with no appeals filed, by September 30, 2011 (the "Outside Approval Date then upon written notice given by Segale to the City no later than October 15, 2011 (the "Termination Notice this Agreement will terminate and all obligations of La Pianta and the City herein will be extinguished, effective as of the Outside Approval Date, except that the following obligations of the respective parties shall survive such termination: (i) the obligation of La Pianta to dedicate property for Southcenter Parkway under Section 4.3.2, (ii) the obligation of La Pianta to pay certain fees and costs associated with the construction, relocation and/or upgrade of certain power and water utility systems in connection with the Southcenter Parkway project under Sections 4.3.4, 4.3.4.1 and 4.3.4.2; (iii) the obligation of La Pianta to provide no -cost permanent easements to the storm ponds pursuant to Section 4.3.5.1; and (iv) the obligations of the City under Sections 4.3.8, 4.11 and 4.12. If Segale does not timely provide the Termination Notice, then this Agreement shall remain in full force and effect. The Outside Approval Date may be extended by mutual agreement of the parties. As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6 below) all documents, payments and other undertakings required to be delivered prior to the Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404 Permit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as appropriate, all sums and documents held in escrow unless expressly provided otherwise in this Agreement. The City shall incur no costs for the maintenance of the new levee constructed as a result of the Levee Modification. Segale shall secure maintenance for the levee prior to certification of the Levee Modification. 3. The City shall cooperate with Segale in good faith, and use reasonable efforts, to secure the issuance of the 404 Permit and Levee Modification. 4. Section 4.3.2 of the Development Agreement is amended in its entirety to read as follows: 4.3.2 Land Dedication for Southcenter Parkway Proiect. La Pianta agrees to dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just compensation pursuant to RCW 8.12 and any claims under the Washington and Federal Constitutions in connection with the dedication of this right -of -way. La Pianta shall deliver a signed and dated right of way easement, in commercially reasonable form acceptable to the City, to the Escrow no later than 5 days after the effective date of the annexation specified in Section 4.1. Segale shall also deliver a signed but undated statutory warranty deed (free of all encumbrances and easements unacceptable to the City) for this land to the Escrow no later than May 28, 2010. The City shall prepare and provide to Segale the legal description for the right of way being conveyed no later than May 24, 2010, which legal description shall be subject to the approval of Segale, which approval will not be unreasonably withheld. Upon receipt, the City shall record the right of way easement and retain the undated deed in Escrow until the City is prepared to vacate Frager Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into Escrow to be dated and recorded. Notwithstanding any termination of the Agreement under Section 4.2, the Escrow shall continue to hold such deed, and the City shall be entitled to cause the Escrow Agent to release the deed to the City for recording upon final completion, as evidenced by the City Council's acceptance of contract completion of the Southcenter Parkway Project. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458 61A -205. 5. Pursuant to the Clearing and Grading Permit application, Segale proposes to construct, at is sole cost, temporary stormwater detention ponds "Temporary Ponds for the purpose of detaining stormwater runoff from Southcenter Parkway and South 200 Street. Accordingly, Section 4.3.5.1 of the Development Agreement is hereby amended in its entirety to read as follows: South Facility. Easements and stormwater facilities for the South Facility may, at the discretion of La Pianta, be temporary, provided however, that except as provided in Section 4.3.5.3 below, La Pianta shall, prior to the issuance of the first construction permit for a new building development in the Tukwila South Project outside of the existing Segale Business Park, provide peinnanent, no -cost easement and stormwater facilities in the South Facility and ensure that the South Facility will be operational and ready for use not later than the end of the construction season in the year following the calendar year in which the 404 Penult is issued. In the event this Development Agreement terminates as set forth in Section 4.2 above, Segale shall provide the City with no -cost peunanent easements to the storm ponds constructed pursuant to the Clearing and Grading Permit and the Shoreline Substantial Development permit (as set forth in Section 285 286 4.9). Those ponds shall then become the permanent stormwater facilities to serve Southcenter Parkway. For the purposes of this section, a "construction season" shall begin on May 1 and terminate on October 15. In addition, items #2 and #4 in the table set forth in Section 5.4.3.1 are hereby amended as follows: 2. Install a long -term construction stormwater polymer treatment system. 3. Construct the elevation of the separating berm between the Green River and the Green River Off Channel Habitat Area excavation to prevent Green River inflow to the excavation during the high flow season. 5. Prepare and implement the SAMP wetland mitigation plan to compensate for the filling of low -value wetlands. 6. Prepare and implement a fisheries mitigation plan pursuant to the SAMP. 7. Notice address for Segale shall be as follows: If to Segale: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138 -2028 Attn: Mr. Mark A. Segale The South Facility shall be constructed and operational not later than the end of the construction season commencing in the year following the calendar year in which the 404 Permit is issued, as set forth in Section 4.3.5.1 above. Prior to first wet season grading activities within the Green River Off Channel Habitat Area after issuance of the 404 Permit. Approval of SAMP plan by the Department of Community Development Director prior to the start of site mass grading of the area requiring the 404 Permit; wetland mitigation construction will start not later than the second year of construction and be complete on or before the fourth year of construction. Approval of the SAMP plan by the Department of Community Development Director prior to the start of site mass grading of the area requiring a 404 Permit; mitigation construction will start not later than the second year of construction and be complete on or before the end of the fourth year of construction. 6. This Amendment shall be recorded against the Tukwila South Property as a covenant running with the land. 8. Except as amended herein, the teiins and provisions Agreement remain in full force and effect. In Witness Whereof, the parties have caused this Amendment to be the day and year set forth on the first page hereof. CITY OF TUKWILA, a Washington municipal corporation By: Date: Segale Properties LLC, a Washington limited liability corporation By: Metro Land Development, Inc., Its: Manager By: Date: Jim Haggerton, Its Mayor Mark A. Segale, Vice- President of the Development executed, effective on 287 288 CAS NUMBER: CATEGORY Discussion SPONSOR SPONSOR'S S UMMARY Fund Source: Comments: MTG. DATE 5/10/10 MTG. DATE 05/10/10 05/17/10 Meeting Date 05/10/10 05/17/10 AGENDA ITEM TITLE Renaming of Tukwila Sounder Station Mtg Dale 5/10/10 Mtg Date 5/17/10 Mtg Date COUNCIL AGENDA SYNOPSIS Motion n Resolution nitials Prepared by 1 ors, view MCB MCB Ordinance Il Mtg Date Mtg Date _Council review 16/ 1 RECORD OF COUNCIL ACTION Forward to Next Regular Meeting ITEM INFORMATION 10.05?) I ORIGINAL AGENDA DATE: MAY 10, 2010 ITEM NO. 61 Bid Award n Public Hearing Other Mtg Date Mtg Date n Council I Mayor n Adm Svcs DCD 1 I Finance n Fire n Legal n P&R n Police n PWI Sound Transit's Board is considering a name change of the Sounder Commuter Rail /AMTRAK station name from "Tukwila Station" to "Tukwila Longacres Station." The Council is being asked to consider this item and make a motion at the next Regular Meeting regarding the name change. REVIEWED BY I COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte n Utilities Cmte 1 1 Arts Comm. 1 I Parks Comm. Planning Comm. DATE: 4/26/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 ATTACHMENTS Informational Memorandum dated 04/20/10, with attached maps Minutes from the Community Affairs and Parks Committee meeting of 4/26/10 No Attachments 289 290 SPONSOR'S SUMMARY Fund Source: Comments. EXPENDITURE REQUIRED $0.00 05/17/10 MTG. DATE COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 05/10/10 BG 05/17/10 BG REVIEWED BY COW Mtg. n CA &P Cmte Utilities Cmte Arts Comm. DATE: 04/27/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works MTG. DATE :1 05/10/10 I Forward to Next Regular Meeting 05/17/10 Resolution in Final Form Initials ITEM INFORMATION Mayor_r resew ,..counckVPICIV Mtg Date ITEM No. CAS NUMBER: 1 0 y— 0-5q- (ORIGINAL AGENDA DATE: MAY 10, 2010 AGENDA ITEM TITLE Resolution designating representatives to the Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC). CA IEGORY Discussion n Motion Resolution n Ordinance 1 1 Bid Award 1 l Public Hearing n Other Mtg Date 05/10/10 Mtg Date Mtg Date 05/17/10 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor I 1 Adm Svcs DCD Finance n Fire 1 1 Legal n P&R n Police Ply This resolution will designate Bob Giberson, Public Works Director, as the City's representative and Pat Brodin, Operations Manager, as alternate to the Metropolitan Water Pollution Abatement Advisory Committee Council is being asked to approve the resolution authorizing the representation to MWPACC and repeal Resolution Nos. 1415 and 1543. F &S Cmte Parks Comm. 11 CoMMIFILE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS 05/10/10 Informational Memorandum dated 04/21/10 Draft Resolution Minutes from the Utilities Committee meeting of 04/27/10 Transportation Cmte Planning Comm. 291 292 Citv of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DESIGNATING BOB GIBERSON AS REPRESENTATIVE AND PAT BRODIN AS ALTERNATE, TO SERVE ON THE METROPOLITAN WATER POLLUTION ABATEMENT ADVISORY COMMITTEE (MWPAAC); AND REPEALING RESOLUTION NOS. 1415 AND 1543. WHEREAS, RCW 35.58.210 provides for each metropolitan municipal corporation authorized to perform water pollution abatement to establish a Metropolitan Water Pollution Abatement Advisory Committee to be composed of representatives of each component city and county within such metropolitan municipal corporation; and WHEREAS, the City of Tukwila has officially designated a representative to said committee; and WHEREAS, the City Council of the City of Tukwila finds it to be in the interest of the City of Tukwila to be represented on said Metropolitan Water Pollution Abatement Advisory Committee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Bob Giberson is hereby designated as the representative of the City of Tukwila to the Metropolitan Water Pollution Abatement Advisory Committee and Pat Brodin is hereby designated as alternate to said committee. Section 2. The City Clerk's Office shall forward a copy of this resolution to the Metropolitan Water Pollution Abatement Advisory Committee in care of Sharman Herrin, King County Department of Natural Resources, M.S. KSC -NR- 0501, 201 South Jackson Street, Seattle WA 98104 -3855. Section 3. Resolution Nos. 1415 and 1543 are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Wa Word Processing Resolutions \Metropolitan Water Pollution Abatement.docx PB ksn 5/12 /2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 293 294 1 CAS NUMBER: AGENDA ITEM TITLE CATEGORY SPONSOR SPONSOR'S SUMMARY 05/17/10 Discussion Motion Mtg Date 05/10/10 Mtg Date 5/17/10 illtg Date 11 MTG. DATE 05/10/10 10 055 1 MTG. DATE 1 1 05/10/10 Forward COUNCIL AGENDA SYNOPSIS Meeting Date 05/10/10 05/17/10 05/17/10 No Attachments Initials Prepared by g, Mcyyo view Council review MC MC,1 1 ITEM INFORMATION Water and Sewer Comprehensive Plans Consultant Agreement with Carollo Engineers 11 Resolution ORIGINAL AGENDA DA 1'E: MAY 10, 2010 1 Ordinance 1l Bid Award Mtg Date MtgDate C REVIEWED BY 1 1 COW Mtg. (1 CA &P Cmte Utilities Cmte 1 1 Arts Comm P1 DATE: 04/27/10 RECOMMENDATIONS: SPONSOR /ADIMIIN. Public Works COMMIITLE Unanimous Approval; Forward to Committee of the F &S Cmte Parks Comm. RECORD OF COUNCIL ACTION to Next Regular Meeting ATTACHMENTS Informational Memorandum dated 04/21/10 Consultant Rating Sheet Consultant Agreement with Scope of Work Minutes from the Utilities Committee meeting of 04/27/10 Planning Comm. Whole ITEM No. Public Hearing Other Ivltg Date MtgDate Council 1 1 Mayor Adm Svcs DCD Finance (l Fire Legal n P&R Police PI' This contract is for the 2010 update to the Water and Sewer Comprehensive Plans. Nine consultant firms from the MSRC Consultant Works Roster were mailed a Request for Professional Qualifications and four responses were received. All four consultants were interviewed and Carollo Engineers was chosen as the most qualified. Council is being asked to approve the contract with Carrollo Engineers in the amount of $291,000.00. f] Transportation Cmte COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $291,000.00 $300,000.00 $0.00 Fund Source: 401 402 WATER SEWER FUNDS (PAGES 95 124, 2010 CIP) Comments: 295 296 CAS NUMBER: 10 -044 AGENDA ITEM TITLE Authorize the Mayor to sign various contracts which collectively provide funding and will allow construction to begin on Southcenter Parkway CATEGORY SPONSOR SPONSOR'S SUMMARY REVIEWED BY DAM: 4/5/10 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMI"ITEE Unanimous Approval; Forward to Committee of the Whole Fund Source: EXPENDITURE REQUIRED MTG. DATE 4/12/10 MTG. DATE 4/12/10 5/17/10 Meeting Date 04/12/10 05/17/10 COUNCIL AGENDA SYNOPSIS Discussion Motion n Resolution n Ordinance Mtg Date 4/12/10 Mtg Date 5/17/10 Mtg Date Mtg Date J J Prepared by LV LV Utilities Cmte Arts Comm. Initials ITEM INFORMATION Mgyer'eview J �quncil review 2 IW e ORIGINAL AGENDA DATE: APRIL 12, 2010 P COST IMPACT FUND SOURCE Bid Award 1 J Public Hearing n Other Mtg Date 5/17/10 Mtg Date Mtg Date n Council Mayor n Adm Svcs n DCD n Finance 1 J Fire n Legal n P&R 1 1 Police n PW The Tukwila South Development Agreement calls for the City to relocate and construct a 5- lane Southcenter Parkway Extension. To start construction, City needs to accept the CERB, Capital Projects and TIB grants; to sign an Interlocal Agreement with Highline Water District; to sign two agreements with PSE; to amend the construction management contract with KBA, Inc; and to award the construction bid to Scarsella Bros, Inc. Construction cost is $16,030,030.64 paid by state /federal grants, Highline, and city bonds. COW Mtg. 1 J CA &P Cmte n F &S Cmte Transportation Cmte Parks Comm. n Planning Comm. AMOUNT BUDGETED APPROPRIATION REQUIRED Multiple funding sources; see attachment "Southcenter Parkway Expenses /Revenues Chart 4 -5 -10" RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 4/5/10 State Capital Projects Grant Contract for $3.98 million State Community Economic Revitalization Board Grant Contract for $6 million Transportation Improvement Board Grant contract for $2 million Highline Water District Interlocal Agreement Puget Sound Energy Project Plan Agreement, estimating costs to be $241,400 Puget Sound Energy Construction Agreement for $241,400 Amendment to Contract with KBA for $2,453,950 Bid Award to Scarsella Brothers for $16,030,030.63 Southcenter Parkway Expenses /Revenues Minutes from the Transportation Committee Meeting of 4/5/10 Please bring your packets from the 4/12/10 Committee of the Whole Meeting ITEM NO. 297 298 Tentative Agenda Schedule May 31" Memorial Day (City offices closed) June 5th Independence Day (observed) (City offices closed) 3 7 Special Presentation: Certificate of Achievement in Financial Reporting July 6 (Tuesday) 12 10 17 See agenda packet cover sheet for this week's agenda (May 17, 2010 Regular Meeting) 14 Special Issues: Program reductions (Police Department and Fire Department) 21 19 24 Special Issues: Program reductions (Information Technology, Parks Recreation, Foster Golf Course, Public Works Department) COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 28 26 299 300 17th (Monday) A Transportation Cmte, 5:00 PM (CR #1) A City Council Regular Mtg., 7:00 PM (Council Chambers) 24th (Monday) Community Affairs Parks Cmte, 5:00 PM (CR #3) A City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. TO BE IMMEDIATELY FOLLOWED BY A SPECIAL MEETING 18th (Tuesday) A Finance Safety Cmte, 5:00 PM (CR #3) 25th TuaidaY1'? A Utilities Cmte, 5:00 PM (CR #1) 19th (Wednesday) 20th (Thursday) A Parks Commission, 5:30 PM (Community Center) A Library Advisory Board, 7:00 PM (Foster Library) 626th:;;:(Wedge§da0 COPCAB, 6:30 PM (CR #5) Court Crime Hot Spots Task Force Mtg., 10:00 AM (CR #5) A Planning Commission, 6:30 PM (Work Session on Environmentally Sensitive Areas) (Council Chambers) A Tukwila Historical Society, 7:00 PM (old Tukwila Library at 14475 59th Ave. S.) Joint Tukwila School Board/ City Council Meeting, 6:00 PM (Tukwila School District Adminis- tration Building 4640 S. 144th St) Planning Commission, 6:30 PM (Public Hearing on Environmentally Sensitive Areas) (Council Chambers) 21st (Friday) 22nd (Saturday) Z 1hf:GT[iiirsdav)' 28f1i'::(1?iida )•:i,i. 2911Y.'(Satutday) Tukwila Intl. Blvd. Action Cmtc'J Trash Pickup Day RESCHEDULED TO JUNE 5, 2010 Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. A COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Am #5. Phi Huynh (206- 433 7175). Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206 -433 -7175. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 5/18/10 meeting: (A) Surplus fire equipment. (B) Investment report. (C) Minimum governmental fund balance. (D) Sales tax report. (E) 2010 First Quarter Report. >Human Services Advisory Brd: 2nd Fri. of odd months 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. Transportation Committee: 1st 3rd Mon,, 5:00 PM, Conf. Room #1. Agenda items for 5/17/10 meeting: (A) Annual update for Six -Year Transportation Improvement Program (2011- 2016). (B) 2010 First Quarter Report. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 433 -1860. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. A Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).