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Home My WebLink AboutCOW 2011-07-11 COMPLETE AGENDA PACKET Tukwila City Council Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Councilmembers: Joe Duff ie Joan Hernandez Steve Lancaster, City Administrator Dennis Robertson Verna Seal Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn Monday, July 11, 2011, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (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. 3. PUBLIC HEARING Comprehensive Plan amendments (Duwamish Hill Preserve and Pg.1 Sabey /Community Bank). Quasi-judicial 4. SPECIAL a. Comprehensive Plan amendments (Duwamish Hill Preserve and Pg.1 ISSUES Sabey /Community Bank). Quasi-judicial b. An agreement for investigative assistance for the South Correctional Pg.121 Entity (SCORE). c. Bid award for the 2010 -2011 Small Drainage Program. Pg.129 d. An agreement for the Howard Hanson Dam Flood Response /Tukwila Pg.139 Levee Repairs and Maintenance. e. Emergency management ordinance update. Pg.163 f. Donation of Ford Expedition to Fire Department. Pg.203 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION S. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at www.tukwilawa.aov, 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 5th Monday of the month unless prior public notification is given. Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. CO UNCIL AGENDA SYNOPSIS Initials ITEM NO. Meetinq Date Prepared by M� view i Couticil review 07/11/11 I RF 07/18111 I RF N I I I I ITEM INFORMATION I CAS NUMB I?11: 11-068 ISTArFSPONSOR: REBECCA Fox I ORIGINAL AGENDA DATE: 7/11/11 AGENDA ITI= M TITLE Comprehensive Plan Amendments for 2011 Public Hearing CxI'I;GORY Dismssion Motion Resolution Ordinance Bid Award Public Heann E] Other rtiltg Date 07/11/11 Mtg Date Mtg Date Mt Date 07/18/11 Mtg Date Mtg Date 7/11/11 Mt Date SPONSOR Council E] Ma Adm Svcs DCD Finance Fire Legal P& Police PlY/ SPONSOR'S Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a SUMMARY review process involving the City Council and Planning Commission. A public hearing will be held on two map changes that have been reviewed and recommended by the Planning Commission. Following the hearing, the City Council will be asked to discuss and take action to approve, modify or reject the recommendations. This is a quasi judicial matter, which is why it did not come before the Community Affairs and Parks Committee. Rl_,VIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE EE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE N/A COST ,IMPACT/ FUND SOURCE EYPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD`.OF COUNCIL ACTION 07/11/11 MTG. DAT ATTACHMENTS E 07/11/11 Informational Memorandum dated 7/5/11 Attachments A, B Maps Attachments C, D Planning Commission Minutes Attachment E Excerpt from MIC Issues and Opportunities Report Attachments F, G Draft Ordinances for Duwamish Hill Preserve Attachment H Planning Commission Staff Report Attachments I, 7 Draft Ordinances for Sabey /Community Bank 1 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Tukwila City Council FROM: Jack Pace, Director, Department of Community Development DATE: July 6, 2011 SUBJECT: Comprehensive Plan annual amendments Planning Commission Recommendations ISSUE On July 11, 2011, the City Council will hold a public hearing on two Comprehensive Plan and zoning map changes that have been considered and recommended for approval by the Tukwila Planning Commission. Both site specific map changes are quasi judicial matters, and are located in the Manufacturing /Industrial Center. After the hearing, the City Council will take action to approve, amend or deny each map change. BACKGROUND Washington cities subject to the requirements of the state Growth Management Act are permitted to amend the Comprehensive Plan once each year unless it is an emergency, or if a sub -area plan is being revised. In addition, cities are periodically required to undertake an overall review and update of their Comprehensive Plans, separate from the annual amendment process. Process to date: As part of its annual Comprehensive Plan amendment process, the City of Tukwila is considering two site specific map changes. These include: 1) A map change in the Manufacturing /Industrial Center (MIC) from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR) at Duwamish Hill Preserve. This was originally part of the recent Manufacturing Industrial Center (MIC) update. (Attachment A) 2) A request from the Sabey Corporation at the former Community Bank site for a map change from Manufacturing Industrial Center -Heavy (MIC /H) to Light Industrial (LI), has been part of the annual amendment review. (Attachment B) The City Attorney advised staff that each of these site specific map changes are quasi judicial matters, and directed that the two map changes be reviewed together as part of the annual Comprehensive Plan amendment process. The map changes have come directly from the Planning Commission to the Committee of the Whole without going to the Community Affairs and Parks Committee. This is intended to distinguish clearly between the quasi judicial, site specific map changes /rezones and the legislative Comprehensive Plan amendments, and will ensure the proper review process is followed. 3 INFORMATIONAL MEMO Page 2 Comprehensive Plan /MIC Update— Duwamish Hill Preserve —MIC /L to LDR The Planning Commission held a hearing on the Manufacturing Industrial Center update on April 28, 2011. It recommended approving all changes, including a map change at Duwamish Hill Preserve from the MIC /H to LDR. At the direction of the City Attorney, the quasi-judicial map change was not included with the rest of the legislative policy and code updates for the MIC that the City Council on June 28, 2011. Rather it was to be considered along with the annual amendments for hearing and final action. The City Council was informed of this at the time that it considered changes to the MIC. (Attachment C) Annual Amend ment Sabev /Community Bank MIC /H to LI The City Council took comments from the public at a public meeting on March 21, 2011, and forwarded the request for a map change to the Planning Commission for review. The Planning Commission held a public meeting on June 23, 2011. Afterward, the Planning Commission recommended approval of the request, and forwarded the recommendation to the City Council for a hearing and final action. (Attachment D) After taking comments from the public at its hearing, the Council may: Adopt the recommended map change by ordinance; Adopt a modified version of the map change by ordinance; or Reject the recommended map change. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. The annual amendment site was posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. Changes in review process for 2011: Reviewing two map changes as part of the annual Comprehensive Plan amendment process begins to implement the City Attorney's recommended changes to Tukwila's review process. The changes include: 1) going straight to the City Council for the public meeting, rather first to a Council Committee; 2) holding a public meeting, rather than a hearing, with the Planning Commission; and 3) holding a single, open- record hearing with the City Council after the Planning Commission's meeting and recommendation. The eventual goal is have completely distinct quasi judicial rezone and legislative Comprehensive Plan amendment processes. This will require separating the Comprehensive Plan from the zoning map to establish broader, more general land use categories for the Comprehensive Plan map. The broader Comprehensive Plan designations will be implemented through more specific classifications on the zoning map. In this way, the Comprehensive Plan policies will guide zoning, but it will not be necessary to revise the Comprehensive Plan each time a site specific rezone needed. In addition, the hearing examiner, the City's land use judge, will review rezones. We anticipate that these changes will be part of the required Comprehensive Plan update, due by June, 2015. DISCUSSION 1) Manufacturing /Industrial Center Boundary Change— Redesignate one lot Duwamish Hill Preserve) from Manufacturing /Industrial Center —Light to Low Density Residential (LDR) File L10- 015 Manufacturing /Industrial Center Update WA2011 Info Memos lCompPlanAmendments7- 11- 11.doc 4 INFORMATIONAL MEMO Page 3 The recommended map change will: remove the Duwamish Hill Preserve from the MIC; reclassify the area from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR), which is the Comprehensive Plan and zoning for other Tukwila parks; and add a Public Recreation Overlay in recognition of its park use, which is the case for other Tukwila parks. Background: This map change /boundary change originated as part of the Manufacturing /Industrial Center update. The Duwamish Hill Preserve is an 8.6 acre parcel with historical, cultural and ecological importance. Through the actions of partners including the Friends of the Hill, Cascade Land Conservancy and the City of Tukwila, the property was purchased in 2004. The site will act as a permanent buffer between the residential neighborhoods to the east and south, and commercial and industrial uses to the north and west. (Attachment E) Other Tukwila parks are zoned Low Density Residential (LDR) with a Public Recreation Overlay. Since the site is now protected from commercial and industrial development, it should be removed from the MIC zone, and receive Comprehensive Plan and zoning appropriate to its status as a Tukwila park. Planninq Commission Recommendation Comprehensive Plan (File L10 -015) The Planning Commission voted to approve the request to redesignate the parcel from Manufacturing /Industrial Center /Light (MIC /L) to Low Density Residential (LDR), and add a Public Recreation Overlay. (Attachment F) Planninq Commission Recommendation Comprehensive Plan (File L10 -015) The Planning Commission voted to approve the request to rezone the parcel from Manufacturing /Industrial Center /Light (MIC /L) to Low Density Residential (LDR), and add a Public Recreation Overlay. (Attachment G) 2) Community Bank at Unified Grocer Site Redesignate one lot from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) File #L11- 001 Comprehensive Plan Map Amendment File# L11- 002 Zoning Map Amendment. The applicant, Mikel Hansen of the Sabey Corporation is requesting a change in Comprehensive Plan and zoning on .64 acres from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industry (LI). The property, located at 10200 E. Marginal Way South, was formerly occupied by Community Bank. Now vacant, it has been acquired by the Sabey Corporation. Background: In 2007, the City of Tukwila approved an application from the Sabey Corporation for a Comprehensive Plan amendment and zoning code amendment from Manufacturing Industrial Center -Heavy (MIC /H) to Light Industrial (LI) on 32 acres of the 62 acre Unified Grocer (then Associated Grocer) site. The 62 acre property is split between the City of Tukwila and the City of Tukwila, with the remaining 30 acres located immediately adjacent in the City of Seattle. The applicant's intent was to obtain compatible zoning changes from both Tukwila and Seattle to allow development of a large -scale project in light industrial and commercial uses. In 2009, the City of Seattle approved a rezone of the remaining 30 acres from General Industrial to Industrial Commercial. WA2011 Info MemoslcompPlanAmendments7 -11- 11.doc 5 INFORMATIONAL MEMO Page 4 The applicant had wanted to include the subject property in the original 2007 rezone but did not own the parcel at the time. The applicant now owns the property, and requested the map change request in order to prepare for eventual large scale development that includes the subject property. In approving the 32 acre rezone from MIC /H to LI in 2007, the City Council demonstrated that it believed LI to be the appropriate zoning for the general area. The current rezone is viewed as the completion of the 2007 rezone, rather than part of the MIC update. Redevelopment at the site will provide desired amenities for workers in the Manufacturing /Industrial Center. (Attachment H) Planninq Commission Recommendation Comprehensive Plan (File #L11 -001) The Planning Commission voted to approve the request to redesignate the parcel from Manufacturing /Industrial Center /Heavy (MIC /H) to Light Industrial (LI) (Attachment 1) Planninq Commission Recommendation Zonina (File #L11 -002) The Planning Commission voted to approve the request to rezone the parcel from Manufacturing /Industrial Center /Heavy (MIC /H) to Light Industrial (LI) (Attachment J) RECOMMENDATION The City Council is requested to forward this item to the July 18, 2011 Regular meeting to approve the Planning Commission's recommendations as follows: 1) L10- 015 Approve Comprehensive Plan and zoning map changes from Manufacturing /Industrial Center —Light (MIC /L) to Low Density Residential (LDR) and add Public Recreation Overlay at 3800 S. 115 St., Tukwila, WA 2) L11 -001 Approve Comprehensive Plan map change from Manufacturing /Industrial Center —Heavy (MIC /H) to Light Industrial (LI) at 10200 E. Marginal Way S. 3) L11- 002 Approve zoning map changes from Manufacturing /Industrial Center —Heavy (MIC /H) to Light Industrial (LI) at 10200 E. Marginal Way S. ATTACHMENTS A. Map Duwamish Hill Preserve —MIC /L to LDR B. Map —Sabey /Community Bank —MIC /H to LI C. Planning Commission Minutes, April 28, 2011 D. Planning Commission Minutes, June 23, 2011 (Draft) E. Excerpt from MIC "Issues and Opportunities" Report F. Draft Ordinance Duwamish Hill Preserve Comprehensive Plan map change G. Draft Ordinance Duwamish Hill Preserve Zoning map change H. Planning Commission Staff Report I. Draft Ordinance —Sabey /Community Bank Comprehensive Plan map change J. Draft Ordinance —Sabey /Community Bank Zoning map change WA2011 Info Memos lCompPlanAmendments7- 11- 11.doc 6 Attachment A Ci OWN MIC C zio l l" 0 E�3 O I O O F b� r,� a El Mu I C I L LV I lia\ =E o o C) C) co 1: 2 :3 0 CL N 8 ATTACHMENT B TU ILA SEATTLE u k i MIC /H to Li MIC/H i- City of Tukwila Comp Plan Amendment L11 -001 Rezone L11 -002 Project File PL11 -001 Subject Property Zoning 1 ■1 ■i 9 �1 ■IrTukwila City Limits 1"=200' 9 10 ATTACH C City of Tukwila Planning Commission Planning Commission (PC) Minutes Date: April 28, 2011 Time: 6:30 PM Location: City Hall Council Chambers Present: Margaret Bratcher, Chair; Brooke Alford, Vice Chair: Commissioners, Thomas McLeod, Louise Strander, David Shumate, Mike Hansen, and Aaron Hundtofte Staff: Nora Gierloff, Deputy DCD Director, Rebecca Fos, Senior Planner, and Wynetta Bivens. Planning Commission Secretary Chair Bratcher opened the public hearing at 6:30 PM, and swore in those wishing to provide testimony. Minutes: Commissioner McLeod made a motion to adopt the January 27, 2011 minutes and Commissioner Alford seconded the motion. The motion was unanimously approved. Staff received two public comment emails that were handed out to the Commission. Commissioner Strander recused herself from participating in the Issues and Opportunity report regarding the Manufacturing Industrial Center (MIC). She said that her family owns property in the area where the projects are being considered and is concerned that she may not be impartial. Commissioner Hansen, employed by The Sabev Corporation, said that The Sabey Corporation owns property in the MIC and they are giving testimony on the manufacturing boundaries study. He said that he would like to hear the testimony unless there are objections. However, he intends to recuse himself if this item is heard at a quasi-judicial hearing. CASE NUMBER: PL10 -016 APPLICANT: City of Tukwila REQUEST: Recommendations for update to Comprehensive Plan, zoning code and boundaries for Manufacturing Industrial Center (MIC) LOCATION: Manufacturing Industrial Center, including approximately 966 acres bounded generally by the City of Seattle on the north, South 125th Street on the south, the Burlington Northern railway right -of -way on the east, and the Duwamish River on the west. Rebecca Fog, Senior Planner, Department of Community Development, gave background on the review process, and gave an overview of staffs recommendations. The Washington State Growth Management Act requires jurisdictions that are planning under the act to periodically review and update their Comprehensive Plan. The entire update is due to be completed by December 2014. RECOMMENDATIONS: Comprehensive Plan Review: 1) Add an implementation strategy as follows: Actively seek alternative railroad related freight routing away from residential streets in Allentown. 2) Add a new Comprehensive Plan Policy as follows: Pursue light rail and commuter rail stops in the vicinity of the Boeing Access Road. Page 1 of 3 11 PL Hearing Minutes April 28, 2011 Development Regulations Review: 1) Delete several permitted uses and add them to conditional uses as follows: Beauty and barbershops, banks, outpatient medical, indoor recreational facilities, hotels and motels. 2) Reorganize and clariR the MIC uses by adding verbiage on their expected impacts. 3) Add a design review requirement for offices. 4) Educational uses in the MIC should have a vocational focus. 5) Delete nightclubs, billiards or pool rooms, extended stag hotels, and dormitories from permitted uses. oundary Review: 1) Change the zoning and Comprehensive Plan designation on the Duwamish Hill Preserve area to Lowe Density Residential and add a Public Recreation Overlay to reflect its current use. Environmental Review: 1) Review the Planned Action document to see if it needs to be updated. This is an environmental document that anticipates the impacts of development in advance to streamline project review. Nora Gierloff, Deputy Director, Department of Community Development, explained that the schedule for the MIC review is driven by the Council's desire to adopt the M1C changes before the expiration of the current moratorium on non- industrial uses, which expires in July. TESTIMONY: Joe Sabey, representative for The Sabey Corporation, asked the PC to consider an addition to the MIC Boundary review. Mr. Sabey showed slides of a parcel inside the 62 acre unified grocer parcel, which he said is currently zoned differently from the rest. He requested the parcel be rezoned from MIC Heavy to Commercial Light Industrial, to make the entire site consistent. He said that 32 acres of the parcel are in Tukwila and 30 acres are in Seattle. He said that in 2007 the Tukwila portion was rezoned from MIC Heavy- to Commercial Light Industrial. In 2009, the City of Seattle rezoned the acres in Seattle from Industrial Commercial to General Industrial. This item is scheduled to go before the PC at a quasi-judicial public hearing at a later date. Bill Summers, owner of the old Red Lion Hotel, requested that the PC take a look at the entire MIC zone. adjacent to Tukwila International Blvd and East Marginal Way. He stated that the zoning taking place in the area and the zoning decisions are based on an image of a zone that does not exist. He said that the statistics are very misleading as to what is really happening there. He suggested looking at the 15 of businesses that are impacted by the changes made in the MIC zone. He also said that special zoning or flexibility for businesses that really need it should be allowed, or they are going to go out of business because it is not an economically feasible area. Commissioner Alford said that it would be interesting to hear what the manufacturing uses are exclusively in the area because it is unlike the other uses. Ms. Fox listed various manufacturing uses in the area. She explained that the name "Manufacturing Industrial Center was determined by Kung Counts. She said a traditional manufacturing use may be different from what's in the area, but the uses are manufacturing. She also said the zone is not specifically manufacturing but is also industrial and there is a range of industrial activity that takes place in the area. Staff addressed questions from the PC. Page 2 of 3 12 PC Hearing Minutes April 28, 2011 There were no further comments. The public hearing Nvas closed. The Planning Commission deliberated. Staffprovided some clarification and answered some additional questions for the PC. COMMISSIONER ALFORD MADE A MOTION TO ACCEPT STAFFS RECOMMENDATIONS AS LISTED IN THE ISSUES AND OPPORTUNITIES REPORT, INCLUDING TEXT AND MAPS ON CASE NUMBER PL10 -016 AND TO FORWARD THEM TO THE CITY COUNCIL FOR THEIR REVIEW. COMMISSIONER HANSEN SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT The Community Bank parcel will be heard at a quasi-judicial public hearing next month. There was discussion on conflict of interest documentation that was handed out to the PC. Chair Bratcher asked the new Commissioners to state their name for the record when they speak. Adjourned: 7:45 PM Submitted By: Wynetta Bivens Planning Commission Secretary Adopted: 6/23/11 Page 3 of 3 13 14 ATTACHMENT D City of Tukwila Planning Commission Pruning Commission (PC) Minutes Date: June 23, 2011 Time: 6:30 PM Location: City Hall Council Chambers Present: Brooke Alford, Vice Chair; Commissioners, Louise Strander, David Shumate, Mike Hansen, and Aaron Hundtofte Absent: Margaret Bratcher, Chair; Commissioner, Thomas McLeod; Staff: Nora Gierloff, Deputy DCD Director, Rebecca Fox, Senior Planner, and Wynetta Bivens, Planning Commission Secretary Vice -Chair Alford opened the public meeting at 7:20 PM, and swor if. those wishing to provide testimony. Commissioner Stander made a motion to amend the 4/28/11 minas..= Minutes: Commissioner Hansen made a motion to adopt the April 28, 2011 minutes as amended and Commissioner Shumate seconded the motion The motion was unanimously apprQyed. FILE NUMBER: Ll l -001 s APPLICANT: Mikel Hansen/Sabey Corporation REQUEST: Amend Comprehensive Plan designation from Manufacturing Industrial Center/Ileavy (MIC[M id lght „Industrial (LI) on .62 acres (Tax #0423049184) for future development, =r LOCATION: 10200E Marginal Way, S ,Tukwila, WA. E> r o- FILE NUMBER: 'L1 f -002 APPLICANT: 1VIike1 HansciVSabey Corporation REQUEST: Amend zoning from Manufacturing Industrial Center/Heavy (MIC/H) to Light Industrial (LIB on 62 acres (Tax #0423049184) for future z development LOCATION 10200 13213 arginal Way, S., Tukwila, WA. Commissioner Hansen stated that he had a personal interest in file number Ll l -001 and L11 -002, and that he was recusmg himself and leaving the room. L. Rebecca Fox, Senior Planner, Department of Community Development asked the Commissioners the Appearance of Fairness questions. Commissioner Strander `slated that she does not have any interest in this property, and explained that when she recused herself on 4/28/11 it was because of the Issues and Opportunity report regarding the Tukwila Manufacturing Industrial Center. Ms. Fox gave a brief review of the annual Comprehensive Plan update process. On March 21, 2011, the City Council held a public meeting. They recommended forwarding this matter to the Planning Commission for their review and for them to provide a recommendation to the City Council. There will only be one public hearing on this matter, which the City Council will hold on Page 1 of 2 15 PC Hearing Minutes June 23, 2011 July 11, 2011, and after testimony from the public, they will make a final decision. Ms. Fox explained that the PC has the options to approve, modify, or deny the request. Ms. Fox explained that the current request was not considered with the MIC request previously heard, but is considered to be a continuation of the 32 -acre rezone from MIC/H to LI that occurred several years ago. Since future development will be a mixed Light Industrial Commercial and variety of uses, it will potentially provide amenities for workers in the area, including those in the MIC. Business owners have communicated with staff that they are really interested in some amenities. The rezone will make it easier to include this property in future large scale development projects. RECOMMENDATIONS: Staff recommends approval of the rezone from Manufacturing Industrial Certer/Heavy (MIC/H) to Light Industrial (LI). Staff addressed questions from the Commission. TESTIMONY: There was no public testimony. Public testimony was closed. Staff noted that a letter was received from the`app1* tin suppoit.of the request. Staff pointed out a correction in the applicant's letter; (CI) should have _(LI). S The PC deliberated. Y.: S COMMISSIONER HUNDTQFTE MADE A MOTI01�'TO APPROVE L011 -001 AND L011 -002 WITH STAFF'S FINDINGS, CONCLUSTION, AND RECOMMENTDATION, AND TO FORWARD THE RECOMMENDATION TO THE CITY, COUNCIL FOR A PUBLIC HEARING AND THEIR DECISION. `COMMISSIONER SHUMATE SECONDED THE MOTION. ALL WERE IN FAVOR �g Submitted B� P Wynetf 7 tivens Planning Commission Secretary is iti�•, :a�c..a 16 Page 2 of 2 ATTACHMENT E EXCERPT FROM °MANUFACTURING /INDUSTRIAL CENTER ISSUES AND, OPPORTUNITIES REPORT" (APRIL, 2011) PP. 27 AND 28 Duwamish Hill Preserve Analysis: The Duwamish Hill Preserve is an 8.6 acre parcel of land with historical, cultural and ecological importance. Through the actions of many partners including the Friends of the Hill, Cascade Land Conservancy and City of Tukwila, the property was purchased in 2004 and ongoing restoration has been taking place on the site ever since. The site will act as a permanent buffer between the residential neighborhoods to the east and south and commercial and industrial uses to the north and west. Since the site is now protected from commercial or industrial development it should be removed from the MIC and zoned appropriately. Tukwila's other parks are zoned Low Density Residential (LDR) with a Public Recreation Overlay. Recommendation: Change the Zoning and Comprehensive Plan designation to Low Density Residential (LDR) with a Public Recreation Overlay to reflect its status as public open space. MIX rPA l�U��yh�'1'�nitll s f M a i p tl ME L -e �DR -R '4...+;K..'6r3'Yisf "uY,r:+.fM dy y y `7.��•'a"'.". _3 1 YS t K' k N g 1 IN 4 y y .e¢ r rfw x t z 'S'kbt' 17 18 Attachment F DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 11215 EAST MARGINAL WAY SOUTH, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTERILIGHT (MIC /L) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on April 14, 2011, the Department of Community Development held a public workshop and open house regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map in the Manufacturing /Industrial Center; and WHEREAS, the Department of Community Development prepared and circulated an "Issues and Opportunities Report" including an evaluation of Manufacturing Industrial Center (MIC) boundaries with analysis and recommendations; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011, the Comprehensive Plan map change was determined to have no significant environmental impact; and WHEREAS, on April 28, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Comprehensive Land Use Map designation as stated in the "Issues and Opportunities Report"; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Tukwila community and City of Tukwila have invested considerable time, effort and resources in establishing a park use at the site; and W: Word Processing \Ordinances \Duwamish Hill Preserve -Land Use Map amended 6 -27 -11 RF:bjs Page 1 of 2 19 WHEREAS, the existing Duwamish Hill Preserve park use will benefit the community with long -term opportunities for recreational and cultural activity, with fewer potential negative impacts than industrial activity; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation, and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Re- designation Approved. The property located at 11215 East Marginal Way South, Tukwila, Washington (Tax Parcel #1023049057), and as described in Exhibit 1, is hereby approved to be re- designated from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR) with Public Recreation Overlay, as shown on Exhibit 2. Section 2. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTH ENT[ CATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Legal Description Exhibit 2 Comprehensive Plan Map W: Word Processing \Ordinances \Duwamish Hill Preserve -Land Use Map amended 6 -27 -11 RF:bjs Page 2 of 2 20 Exhibit 1- Legal Description LOT 2 OF TUKWILA SHORT PLAT #L03 -065 REC #20040122900002 SD SP DAF POR OF GUS 1 2 OF SD SEC LYING W OF C. D. HILLMAN'S MEADOW GARDENS ADD DIV #3 LYING E OF SEATTLE CITY LIGHT R/W C/L OF WCH DAF BAAP ON RGT BANK OF DUWAMISH RIVER WCH BEARS S 55 -05 -30 E 1324 FT FR NW COR OF SD SEC TH N 4 -41 W 274 FT TAP TH TO LEFT WITH A 2 CRV 9 -38 OF CRV 482 FT TO NXN WITH N LN OF SD SEC SD PT BEING 986 FT FR NW COR OF SD SEC TERM OF SD R/W C/L LESS POR CONDEMNED SUP COURT #469557 DAF BAAP NXN OF N LN OF SD SEC W ELY MGN SEATTLE CITY LIGHT R/W TH ELY ALG SD N LN 802.75 FT TH S 6.10 FT TH WLY ALG A STRAIGHT LN 788.36 FT TO PT OF NXN WITH ELY MGN OF SD SEATTLE CITY LIGHT R/W TH NLY ALG ELY MGN 78.08 FT TO POB LESS POR GL 2-DAF COMM AT SW COR OF LOT 1 BLK 20 OF CD HILLMAN'S MEADOW GARDENS ADD DIV #3 TH N ALG W LN OF SD LOT 1 100 FT TH N 86-15 W 100 FT TH S TO S LN OF GL 2 TH E TAP S OF POB TH N TO POB LESS W 3 FT THOF ABUTTING ELY MGN OF SEATTLE CITY LIGHT R/W LESS RD W: Word Processing \Ordinances \Duwamish Hill Preserve -Land Use Map Exhibit 1 RF:bjs Page 1 of 1 21 rxnirnit Elf mc cc) Ll o 3 a� I Cl ce 7 J xf k 4 v n 3 3 n F y d o r mic Cl a i J d o (57 1 o z ar Ana LO o U l/ 0 N 11 Attachment G DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED AT 11215 E. MARGINAL WAY SOUTH, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTER/LIGHT (MIC /L) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on April 14, 2011, the Department of Community Development held a public workshop and open house regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map in the Manufacturing /Industrial Center; and WHEREAS, the Department of Community Development prepared and circulated an "Issues and Opportunities Report" including an evaluation of Manufacturing Industrial Center (MIC) boundaries with analysis and recommendations; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011, the Zoning Map change was determined to have no significant environmental impact; and WHEREAS, on April 28, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Zoning Map designation as stated in the "Issues and Opportunities Report and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Tukwila community and City of Tukwila have invested considerable time, effort and resources in establishing a park use at the site; and W: Word Processing \Ordinances \Duwamish Hill Preserve Zoning Map amended 6 -27 -11 RF:bjs Page 1 of 2 23 WHEREAS, the existing Duwamish Hill Preserve park use will benefit the community with long -term opportunities for recreational and cultural activity, with fewer potential negative impacts than industrial activity; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation, and has determined the public interest will be best served by approving the application to amend the Zoning Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Re- designation Approved. The property located at 11215 East Marginal Way South, Tukwila, Washington (Tax Parcel #1023049057) and as described in Exhibit 1, is hereby approved to be re -zoned from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR), with Public Recreation Overlay, as shown on Exhibit 2. Section 2. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show this change in designation. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Legal Description Exhibit 2 —Zoning Map W: Word Processing \Ordinances \Duwamish Hill Preserve- Zoning Map amended 6 -27 -11 RF:bjs Page 2 of 2 24 Exhibit 1 Legal Description LOT 2 OF TUKWILA SHORT PLAT #L03 -065 REC #20040122900002 SD SP DAF POR OF GUS 1 2 OF SD SEC LYING W OF C. D. HILLMAN'S MEADOW GARDENS ADD DIV #3 LYING E OF SEATTLE CITY LIGHT R/W C/L OF WCH DAF BAAP ON RGT BANK OF DUWAMISH RIVER WCH BEARS S 55 -05 -30 E 1324 FT FR NW COR OF SD SEC TH N 4 -41 W 274 FT TAP TH TO LEFT WITH A 2 CRV 9 -38 OF CRV 482 FT TO NXN WITH N LN OF SD SEC SD PT BEING 986 FT FR NW COR OF SD SEC TERM OF SD R/W C/L LESS POR CONDEMNED SUP COURT #469557 DAF BAAP NXN OF N LN OF SD SEC W ELY MGN SEATTLE CITY LIGHT R/W TH ELY ALG SD N LN 802.75 FT TH S 6.10 FT TH WLY ALG A STRAIGHT LN 788.36 FT TO PT OF NXN WITH ELY MGN OF SD SEATTLE CITY LIGHT R/W TH NLY ALG ELY MGN 78.08 FT TO POB LESS POR GL 2 DAF COMM AT SW COR OF LOT 1 BLK 20 OF CD HILLMAN'S MEADOW GARDENS ADD DIV #3 TH N ALG W LN OF SD LOT 1 100 FT TH N 86-15 W 100 FT TH S TO S LN OF GL 2 TH E TAP S OF POB TH N TO POB LESS W 3 FT THOF ABUTTING ELY MGN OF SEATTLE CITY LIGHT R/W LESS RD W: Word Processing \Ordinances \Duwamish Hill Preserve- Zoning Map Exhibit 1 RF:bjs Page 1 of 1 25 r minit El Cl OEM JI Iowa f O a O ff? i i P, S a ar Ana 101) o o� E J oU U s U E (D d N �b�y ATTACMENT H City of Tukwila Jiro Haggerton, Mayoi Department f Community Development Jack Pace, Directo) STAFF REPORT TO THE PLANNING COMMISSION MEETING DATE: June 23, 2011 NOTIFICATION: Mailing to properties within 500' radius, 4/14/11 6/10/11 Site Posted, 4/14/11, 6/14/11 Notice published in the Seattle Times, 6/9/11 FILE NUMBERS: L 11 -001 Comprehensive Plan Amendment L11 -002 Rezone APPLICANT: Mikel Hansen/Sabey Corporation REQUEST: Change Comprehensive Plan and zoning designation from Manufacturing Industrial Center —Heavy (MIC -H) to Light Industrial (LI) LOCATION: 10200 E. Marginal Way. S, Tukwila, WA (Tax Parcel #0423049184) COMPREHENSIVE PLAN: Manufacturing/Industrial Center —Heavy (MIC -H) ZONING: Manufacturing/Industrial Center —Heavy (MIC -H) SEPA DETERMINATION: Determination of Non Significance issued 4/28/11 STAFF: Rebecca Fox, Senior Planner ATTACHMENTS: A. Comprehensive Plan Amendment Application #L11 -001) B. Rezone Application #L 11 -002) C. Site Map D. Site Map —aerial E. Proposed map change with 2007 MIC/H to LI 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Y Phone: 206 -431 -3670 Fax 206 -431 -3665 27 Sabey-- PCStaffRpt -PL I 1 -001- CPA +Rezone. doc FINDINGS BACKGROUND Request: The applicant, Mikel Hansen of the Sabey Corporation is requesting a change in Comprehensive Plan and zoning on .64 acres from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industry (LI) at 10200 E. Marginal Way South. (Attachments A and B) The property, located in the Manufacturing /Industrial Center (MIC) was formerly occupied by Community Bank. Now vacant, it has been acquired by the Sabey Corporation. (Attachments C and D) Background: In 2007, the City of Tukwila approved a rezone request from the Sabey Corporation from Manufacturing Industrial Center -Heavy (MIC /H) to Light Industrial (LI) on 32 acres of the 62. acre Unified Grocer (then Associated Grocer) site. (Attachment E) The 62 acre property is split between the City of Tukwila and the City of Tukwila, with the remaining 30 acres located immediately adjacent in the City of Seattle. The applicant's intent was to obtain compatible zoning changes from both Tukwila and Seattle to allow development of a large -scale project with light industrial and commercial uses. In 2009, the City of Seattle approved a rezone of the remaining 30 acres from General Industrial to Industrial Commercial (IC) which is most similar to Tukwila's Light Industrial (LI). The applicant had wanted to include the subject property in the original 2007 rezone, but did not own the parcel at that time. The applicant has now acquired the property, and is proceeding with the Comprehensive Plan and zoning map changes so that the entire project has the same zoning. This will enable the owner to prepare for eventual large scale development that includes the subject property. Through an interlocal agreement with Seattle, Tukwila will have responsibility for development permitting for the entire site, including the portion in Seattle. By approving the 2007 rezone, the City Council indicated that the LI designation was appropriate for the general location. The current .64 acre map change from MIC /H to LI is being considered primarily as the completion of the 32 acre rezone, rather than as an entirely new issue or as part of the 2011 MIC update. Vicinitv /Site Information The property is situated at the eastern edge of Tukwila's Manufacturing/Industrial Center. The subject property currently contains the now -vacant former Community Bank building. The site is flat, with landscaping and paved parking areas. The subject property occupies approximately .64 acres on the western border of a 62 acre site proposed for a future light industrial, office, lodging, entertainment and retail development. The subject property is south of King County International Airport (KCIA), defined by the state's Growth Management Act as an "essential public facility." The site is impacted by noise from I -5, the railroad tracks and the airport. Rf 2 06/14/2011 WALong Range Projects\ IIC Study \Planning Comm ission \Sabey Map Change Community Bank\Sabey--PCStaffRpt--PL11-001- CPA+Rezone.doc 28 Sabey-- PCStaffRpt -PL 11- 001 CPA +Rezone. doe Surrounding Uses within 1, 000 feet are: North —King County International Airport "KCIA" aka Boeing Field) and other Boeing properties, restaurant South —Light industrial, commercial office uses East Railroad tracks, Airport Way S. and I -5 West —E. Marginal Way, Duwamish River, restaurant and commercial File L07- 066— COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE PLAN CRITERIA: 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Plan's third priority objective recognizes the importance of industrial uses to the community as follows: Objective 3. "To redevelop and reinvigorate the industrial uses along East Marginal Way Comprehensive Plan policies balance support for the Manufacturing/Industrial Center and industrial uses with Tukwila's overall goals for continued economic development and well -being as follows: Goal 113 (Man ufacturing/Industrial Center); Support for existing industrial activities in the Manufacturing /Industrial Center and development of industrial activity in order to maximize the employment and economic benefits to the people of Tukwila and the region, while minimizing impacts on residential neighborhoods. The MIC zones are intended primarily for industrial uses or activities that support these uses. Policies protect the land resource, allowing it to be used effectively to generate its potential of high -wage jobs and public revenue as follows: Policy 11.1.5: Allow uses that are commonly associated with manufacturing and industry, including those directly supporting such activity, such as offices and laboratories, while prohibiting unrelated uses. Allowing a broader range of uses, including light industrial and commercial, that can be developed under the Light Industrial zoning generally supports a varied and healthy economy for Tukwila as follows: Goal Z.1 Continuing enhancement of the community's economic well -being Rf 3 06/14/2011 WALong Range Projects \MIC Study \Planning Commission \Sabey Map Change Community Bank Sabey-- PCStaffRpt -PLI1 -001 CPA+Rezone.doc 29 Sabey-- PCStaffRpt -PL 11 -001- CPA +Rezone. doc 2) Impacts The requested map change would remove approximately .64 acres from Tukwila's Manufacturing /Industrial Center —Heavy (MIC /H) and transfer them to the Light Industrial (LI) designation/zone. This action would allow a broader range of non manufacturing uses, and would still permit light industrial uses such as warehouse storage or wholesale distribution facilities. Land available for the heaviest industrial uses would be reduced. Prior to the applicant's acquisition of the property, it was the site of Community Bank, an office /service use. Recent updates to the MIC element of the Comprehensive Plan reaffirmed the importance of the MIC as a center for industrial land, and recommended that light rail and commuter rail stops locate in the vicinity of Boeing Access Road, approximately a block south of the subject site. When the adjacent 32 acre rezone from MIC/H to LI was approved in 2007, the City of Tukwila considered the potential impacts that redevelopment of the entire 32 acres could have on existing and future land use and development in the Manufacturing /Industrial Center (M /IC). It was found that traffic impacts could be addressed through improvements to signals, and could be funded through traffic mitigation and concurrency fees (Mirai, 2007). Impacts to industrial lands would be slight, since most of the adjacent uses are already either light industrial or warehouse (EcoNorthwest, 2007) Any pressure for conversion of adjacent lands from industrial to commercial is more likely a function of regional land prices and employment trends, than specific activity at the project site. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? Redevelopment of the subject property if zoned LI and included in a larger project could provide a range of additional employment and commercial opportunities, depending on the mixture of uses such as office, hotel, light industry and retail use that locate in the project. It is not known what specific development will occur in the Tukwila and Seattle portions of the development. Other options for meeting the public need for employment opportunities and tax revenue, include: retaining the current MIC/H designation, and to allow the property to redevelop with uses that are more industrial in nature, or; retaining the current MIC/H designation, and allowing anew office tenant to occupy the existing structure. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The map change from MIC/H to LI is being considered primarily as the completion of the 32 acre 2007 rezone, rather than as an entirely new issue or as part of the 2011 MIC update. By approving the earlier rezone, the City Council indicated that the LI designation was appropriate for the general location. Rf 4 06/14/2011 WALong Range Projects\MIC Study \Planning Comm ission \Sabey Map Change Community Bank Sabey-- PCStaffRpt -PL I 1 -00 1 CPA+Rezone.doc 30 Sabey-- PCStaffRpt -PL 1 1 -001- CPA +Rezone. doc Designating the property as LI expands its redevelopment options to become part of a future large project under a single owner, and away from the heaviest industrial use that is permitted exclusively in the MIC /H. LI allows supportive commercial and light industrial uses, and would provide a transition to commercial development that either already exists or is planned farther to the south. If the property were rezoned as LI and did not redevelop as part of a planned future project, a range of light industrial uses would be permitted, or an office use could be reestablished. Redesignating and rezoning the site to Light Industrial (LI) makes it easier for the property to be included with a future redevelopment project in a large site at the north- eastern boundary of Tukwila. Any new construction will meet current standards, including landscaping and frontage improvements. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1. Comprehensive Plan: The proposed change is consistent with the Comprehensive Plan goal for continued enhancement of the community's economic well- being. Although the map change would remove .64 acres from the MIC /H zone, the rezone has the potential to contribute to the revitalization of E. Marginal South industrial activity by providing desired amenities for area workers through future redevelopment. 2. Impacts: The map change is not likely to impact the long -run viability of industrial uses in Tukwila, given market forces and the way that the MIC /H zone is defined and implemented. Traffic impacts will be addressed by impact and concurrency fees. Project specific impacts will be addressed at the time of redevelopment. 3. Public Need: LI zoning facilitates the site's redevelopment with adjacent properties to provide additional revenue and employment- generating activities. 4. Communitv Benefit: Redesignating and rezoning the site to Light Industrial (LI) presents the opportunity for its inclusion with a redevelopment project in a large site at a visible location. Any new construction will meet current standards, including landscaping and frontage improvements. RECOMMENDATION Staff recommends approving the applicant's request for a Comprehensive Plan map change from Manufacturing Industrial Center -Heavy (MIC /H) to Light Industrial (LI). Rf 5 06/14/2011 WALong Range Projects \MIC Study \Planning Commission \Sabey Map Change Community Bank \Sabey-- PCStaffRpt -PLI 1-001 CPA+Rezone.doc 31 Sabey-- PCStaffRpt -PL 1 1 -001- CPA +Rezone, doc File L06 -096 ZONING MAP AMENDMENT/REZONE, REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan Per the discussion of Comprehensive Plan Criteria (above), redeveloping and reinvigorating the industrial uses along E. Marginal Way is one of Tukwila's key priorities, as is the continued enhancement of the community's economic well- being. The proposed rezone request from MIC /H to LI allows a broad range of uses, including light industrial and commercial, to support a varied and healthy economy for Tukwila. It is consistent with this priority and accompanying goals and policies. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.32.010 Purpose, the Light Industrial District is "...intended to provide areas characterized by distributive and light manufacturing uses, with supportive commercial and office uses. The proposed rezone from Manufacturing Industrial Center -Light (MIC /L) to Light Industrial (LI) would fulfill this purpose by retaining the potential for distributive and light manufacturing uses, while allowing a range of commercial and office uses to be built. The LI zone designation is also most consistent with Seattle's Industrial Commercial (IC) zoning on adjacent property. Consistency between Tukwila and Seattle zoning will facilitate future development. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since 2007, approximately 62 acres immediately adjacent to the subject property, including 32 acres in Tukwila, was rezoned from Manufacturing Industrial Center /Heavy (MIC/H) to Light Industrial (LI) to accommodate planned future mixed -use commercial redevelopment. As discussed, the applicant had wanted to include the subject property in the original 2007 rezone, but did not own the parcel at that time. Having purchased the property, the applicant is proceeding with the Comprehensive Plan and zoning map changes so that the entire project has the same zoning. This will enable the owner to prepare for eventual large scale development that includes the subject property. By approving the 2007 rezone, the City Council indicated that the LI designation was appropriate for the general location. 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not Rf 6 06/14/2011 WALong Range Projects\MIC Study \Planning Commission \Sabey Map Change Community Bank\Sabey--PCStaffRpt--PL11-001- CPA+Rezone.doc 32 Sabey-- PCStaffRpt -PL 1 1 -001- CPA +Rezone. doc adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The rezone should balance between industrial and commercial land use and zoning without jeopardizing current and future development in the Manufacturing /Industrial Center or the Tukwila Urban Center. The rezone to LI allows a somewhat broader range of uses than the existing MIC/H. Future redevelopment can contribute to the vitality of the community through increased opportunities for employment, recreation, and shopping, and increased revenue to the City of Tukwila. The rezone makes it easier for the property to be included in a future large scale redevelopment project. As part of a larger project, it would be likely to have additional review and public input. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, airport (KCIA and FAA) requirements, and impacts on abutting property. CONCLUSIONS 1) Consistencv with Comprehensive Plan: The rezone is consistent with the Comprehensive Plan policies to support industrial redevelopment and ensure economic vitality. 2) Consistencv with Zone: The Light Industrial retains potential for light industrial use, allows a range of commercial and office activity. It is compatible with zoning for the remainder of the proposed redevelopment area, and is compatible with adjacent Seattle zoning. 3) Chanced conditions: Changed conditions including the 2007 rezone of 32 acres in Tukwila to Light Industrial (LI) and the 2009 rezone of 30 acres in Seattle to IG, and the purchase of the property by the Sabey Company for inclusion with the large -scale future redevelopment with the warrant a rezone from Manufacturing/Industrial Center Heavy (MIC -H) to Light Industrial (LI). 4) Benefit to communitv: a The LI zoning has many features of the MICIH zone, but allows a broader range of uses, and increases the likelihood that the property will be part of a larger redevelopment project anticipated for the adjoining Unified Grocers properties. rezone shall take into account the requirements of developing property adjacent to King County International Airport, including building height, noise impacts and landscaping. RECOMMENDATION Staff recommends approval of a rezone from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI). Rf 7 06/14/2011 WALong Range ProjectsWIC Study\Planning Commission \Sabey Map Change Community Bank Sabey-- PCStaffRpt -PL I 1-001 CPA+Rezone.doc 33 34 N�racnmenr w vLA, ��g CITY OF TUKWILA 0 Department of Community Development COMPREHENSIVE 0 6300 Southcenter Boulevard, Tukwila, WA 98188 PLAN a Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail: tukplan @ci.tukivila.wa.us AMENDMENTS 1908 AP PLICATION FOR STAFF USE ONLY Permits Plus Type. -r- -CPA Planner: Acbe i:�x File Number: OLO I (�ry.p r, Application Complete (Date:1 1 1'/ I Project File Number: PL f i r Application Incomplete (Date: I Other File Numbers: L I NAME OF PROJECT/DEVELOPMENT COMMUNITY BANK AT UNIFIED GROCER SITE LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 10200 EAST MARGINAL WAY SOUTH, TUKWILA, WA 98168 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 042304 9184 -04 DEVELOPMENT COORDINATOR: The individual who: has decision making authority on behalf of the owner /applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant "and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Mikel Hansen Address: 12201 Tukwila International Boulevard. Seattle. WA 98168 Phone: 206 277 -5249 FAX: 206 282 -9951 E -mail: mikelhna.sabev.co Signature: Date: C-.\Documents and Settings\AWsonS \Local Settings \Temporary Internet Files \ContentOut look \TBXBIIAB \Comprehendive Plan Amendment-Jul2olo.doc 35 A. COMPREHENSIVE PLAN DESIGNATION: Existing: MIC /H Proposed: CI B. ZONING DESIGNATION: Existing: MIC /H Proposed: CI (Licht Industrial) C. LAND USE(S): Existing: MIC /H Proposed: CI (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. Unified Grocer administrative office and warehouse. restaurant. tavern. Boeing. King Countv r A nn,,—fo and Settinvs\ AllisonS\ Local Settings \Temporary Internet Files\ ContentOutlook \TBXBIIAB \Comprehendive Plan Amendment Ju12010.doc 36 `p°` s. N G rocers Property 0003400042 Boundary 0003400046 0003400015 0003400049 10230 E Marginal oQOS400Q41 ooQ34 4 pro Boundary j 10423049101 0423049102 y 0323049024 VIN q a 0423049015 a 0423049099 Q323049062 Sea e 0323049048 0923049128 Q 0423049061, 0323049080 0323049045 2304907 a N 2304907 0323049061 2304907 o j 0323049028 0323049058 0 326 Scats in Feet (ePPh) 10230 E Marginal Way Seatee. W►aahington DMFT Tax Lot Parcel Numbers SSAa -02"O FIGURE 3 Febnmy 2o07 Ref: T®c Lot Combined Wr aaitom olm.toa el: F OWevana. Dr- 37 w 1/1M OeUOI .I] s SUBJECT PROPERTY CITY OF TUKWILA AREA =27,907 SF g CITY OF SEATTLE 'rA AREA 1,265,135 SF TA w UK Y 1/. AQM oe CITY OF TUKWILA AREA 1,438,912 SF 3301 NORFOLK ST. AND 10230 E MARGINAL WAY SABEY PROPERTY CITY OF TUKWILA AND CITY OF SEATTLE ZONING AREA' SCALE 1 250' 38 r x..s i- °��nw �c as'�._ i Ia t� cw S C s y� d" r.�s'� it x r i t io fir' ...d%y 4 f �y c ��J�� r'S J s� ��'•�n2.��a5.'�` g .a3 f� b "�6'� C v,l. '�'.*f s� r tub i s'�f s4. t7" 3 r� tea. t y13-t s d F �'l aF' xY 5`ti�'�r is Dr s rx •r '�`a �t�'" I vI+ P �5, L 1 l k e� /'Y {r'�'X 3 t .w�f•0 t 3 q t' 1r `a'�,� k. ry �n+,,M-W ��s5v F `„�r rt4' �J .I4' '�`i2•rv�t�`,�}c��.� L'�' �7� -+c� 1.�� `fit '•�,a. P�u��t t f i X•y 7D fA cf� L LQ WAR L;l I 4 i 72� 3, AFFIDAVIT OF OWNERSHIP 41 d/ Q 1 }1c�Y�� 2 ltd; c jQkonv: (200 4MATO TAX (206; 49WW,; I< t AFFIDAVIT OF CAN NIKIMW AND HOLD IIARNILESS PERMIMIONIC? ENTIERPROITRTY I!N(j ON CUUNTY OF KIW, Th- undersi July svvin arid upon ozath sta(es as f6lic'-ws 1: 1 am be Current own�erof'dit property ",flli.,Ji is the Subject of unis ap)lication, G. All contained in the applications ltav been prcpiared by rn� or inv agents an-d al truc and conect t o idle best of'my k. I The qo&mion is being submitted with my knoudedge and consent. 4. Ovmer gxatits the Citv, its cm:ployees., agen"S, enginvce s contra�:tors or Oilier repneseutatives (fit rqghi to entev 111 Owner's real pro pert', loewed at 10200 Eint Mwgind "in TAwK W4 9R68 ArSe purpose of appilauion reWew Rw ke NAwd We neecssary to cxwnplete that purpo. 5 Owrie-, agrc to hWd Re City 1 aj�iy loss or darnage to persons or properl� occurring o.-) t1he privi.tc pnTely dubg Ow (Ays emy i. prcypery unle"'S the loss or dunage is dic rCS,dt of lh,! solk- negUgence of the Cny T kJonavTonsiveness. to a City inl mIxg fly ninmy (90) or inure duyt shall be cause to uive! 10 appliewion(s) ECUTE)at 1 Rikwila Seintic., WA, on 3anuaty3,20? 1. Addi ZSs J 2 'Ib Mir- c; ri L nlic r 2 06-2. 7 7-52 49 Sign-atnw Or t1;is da. rsonafly appeared h6 me me Mhel 1-iansc.1 1, Inc kn" to tv the i.ndjv�,fi;al wlh�� -xCQvtco die f�rcgolng instniincri: and ack that 1 .1cigied tlh -�ar a ntar_y -d deed r the w�es and puirposu mcntionij rij,'N ein. n S! Lvolu. ct ,.).r. ARABSCRIBEE) AND SWOF.N-1-0 BET FORLIM.E'0Y T'lf.S 3 OF.Iannw 2011 ON� S�y f it W WARY PUBLW in and Ir Me ta Lc f V i on 1 A JAV OT Iq 1R "S C res!dirg V) i� Ci fvf� co?nnnission CKPIrt's. -0 9 A -r -09 0 I, lo S 42 4. REDUCED SIZE PLANS 43 NOI1VHOdNOO A39VS ooz =ims' +Nla.o!n =w,w maz91 W `°o ni S31tlI00SSV— o .112i3d02id �138b'S SNVA3 OI/\VO O G U i AVM IVNIMJVVY 3 0£Z06 rx= N NV 311S 3NOZ3H ONV 1N3WON3WV NYld 3/\ISN3H32ldW00 a i o o W o r z z O: 11 J3 z 11 10von SS37 -7 0X130 0 o EL j a 1 w f 6 11 I l i L d i i G 'o W y<�W Foz Iwo Qo CL LLJ L w��i —f Q LU r j w w li+ 0 0 d z LL Q Ism tt 00 V T a Z o ran 44 5. APPLICATION FEE 45 6. ZONING CODE AMENDMENT FEE SUBMITTED CONCURRENTLY WITH THIS APPLICATION 46 7. SEPA CHECKLIST WILL BE SUBMITTED ON REFFERRAL TO PLANNING COMMISSION 47 8. NOTICE BOARD FEE PAID TO FASTSIGNS TUKWILA 48 9. MAILING LABEL FEE INCLUDED WITH APPLICATION FEE 49 10. NOT APPLICABLE 50 11. RESPONSE TO COMPREHENSIVE PLAN AMMEN®MENT CRITERIA REPORT BY ECONORTHWEST 51 52 COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Comprehensive Plan Amendment Criteria (TMC 18.80.010) The application shall specify, in a format established by the property: 1. A detailed statement of what is proposed and why. Comprehensive Plan Amendment and Rezone. The proposal is to remove an approximately 0. 64 acre parcel south of Boeing Field in the City of Tukwila (see aerial photograph submitted concurrently with this application) from the Greater Duwamish Manufacturing Industrial Center (MIC /H) and redesignate the site as Light Industrial (U). The proposal requires an amendment to the comprehensive plan land use map and a rezone. This 0.64 acre property was recently acquired by Sabey Corporation and was not part of the City of Tukwila 2007 Unified Grocer site rezone. In 2007, the City of Tukwila approved a Comprehensive Plan Amendment and Zoning Code Amendment for approximately 32 of the 62 acre Unified Grocer site. The remaining approximately 30 acres is adjacent, and because of City boundaries, is located in the City of Seattle. in 2009, the City of Seattle approved a 30 acre rezone from General Industrial to Industrial Commercial to make it closely compatible to the amended Tukwila zone. We are now asking that the only remaining area within the 62 acre site made up of 0.64 acres be brought to the same zoning classification. The. attached maps will clearly show the Tukwila /Seattle boundary as well as this 0.64 acre parcel. Potential Future Development The proposal will allow for the future development of the entire property with LI uses. The Ll zone permits a broader range of uses than currently permitted in the MIC /H zone. These uses include office, retail, lodging, entertainment, and light industrial warehouse and manufacturing uses. While project -level plans have not been prepared, it is anticipated that a mix of these uses will be developed throughout this now 62 acre site. See conceptual site plan submitted concurrently with this application. 2. A statement of the anticipated impacts of the change, including the geographic area affected by and the issues presented by the proposed change. The proposal will result in the following positive impacts to the City: Economic redevelopment. The property currently has a vacant 8,000 sq. ft. office space and was used most recently as a site for Sound Community Bank. An economic study prepared for the proposal (ECONorthwest 2007) shows that there is an existing demand for the range of uses proposed under the LI zoning. Redevelopment of the site with a range of LI uses will provide additional employment opportunities in the City of Tukwila as well as significant tax 53 revenue to the City. Incorporating this one remaining .64 acre parcel will provide consistent zoning and the ability to develop the site as a single parcel. Aesthetics. The property is located at the northern boundary of the City of Tukwila, fronting the major transportation corridor East Marginal Way near the corner of South Norfolk Street. The property is surrounded by the Unified Grocers LI -zoned site immediately to the north, east, and south. See aerial photograph. The property is developed with an older office building and surface parking. See aerial photograph. Development of the property with new buildings to house office, retail, lodging, entertainment, and light industrial (warehouse and manufacturing) uses will greatly enhance the aesthetic qualities as well as the prominence of the property. New buildings developed on the property will be required to meet the requirements of the current code for the Ll zone, including landscaping and setback requirements that will enhance the property's aesthetic qualities. In addition, while development under the MIC /H zone is exempt from the design review, future development of the property under the Ll zone will be subject to design review. This will ensure the property's function as a significant entry point to the City, as well as general quality of design, will be considered. Transportation. The Cities of Seattle and Tukwila. have long had plans to improve the operational and aesthetic characteristics of East Marginal Way. The redevelopment of the property under the LI zone will further these goals by improving the aesthetic quality of development on the property adjacent to these roadways and by providing frontage improvements as required by City code. In addition, the transportation analysis for project level proposals will ensure that access is appropriately located and that all transportation improvements required as a result of the development of the property will be accomplished. In addition, the property is served by Metro transit and light rail. The uses proposed for the property under the Ll zone will bring employees and customers to the property who would be likely to utilize Metro transit and the light rail station. In contrast, heavy manufacturing uses under the current zoning are more likely to require automobile and truck use. Industrial Lands. The ECONorthwest report demonstrates that the proposal will not significantly impact future industrial development on parcels near the property in the MIC. The property is physically separated from industrial land to the north (in the City of Seattle) by Boeing and Boeing Field. East Marginal Way and the Duwamish River lie to the west and 1 -5 lies to the east. Properties to the south in Tukwila are predominantly in light industrial and commercial uses. Due to the property's physical isolation (by Boeing -owned land, roadways, and the River) from areas of heavy industrial use, the proposal will not significantly impact future industrial development on parcels near the property in the MICs. 54 Tukwila Urban Center. The ECONorthwest report also shows that the proposal will not adversely affect commercial development in the urban center. As indicated in the report, the scale of development anticipated for the property under the Ll zone will serve the local market area, rather than the regional market served by the uses in Tukwila Urban Center. Accordingly, the project will not result in adverse impacts to the urban center. Environmental Impacts. Future development of the site would undergo project specific review and mitigation to ensure that the proposal does not result in significant adverse environmental impacts. In addition, development made under the Ll zone would generally be anticipated to have less impact to the environment than development under the MIC /H zone, since heavy industrial uses typically generate more noise, dust and pollutants than light industrial, office, and retail uses. 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect. The current MIC /H designation and zoning for the property should not continue in effect. This designation and zoning was placed on the property under very different circumstances than exist today. Today the site surrounding the property has been rezoned to a light industrial zone through two major parcel rezones in 2007 and 2009. This remaining small parcel was recently acquired and should as a matter of consistent zoning be added to the previous 2007 comprehensive plan amendment. 4. A statement of how the proposed amendment complies_ with and promotes the goals and specific requirements of the Growth Management Act. Urban arowth. The Growth Management Act (GMA) encourages compact urban growth in areas served by urban infrastructure. RCW 36.70A.020(1), (2). The proposal will further these goals by allowing development of the property, which is located in an urban area and well served by existing infrastructure, under the Ll zone. The MIC /H use that currently occupies the property will relocate in the relative near future. Development in the vicinity of the property is trending toward light industrial and commercial development Accordingly, redevelopment of the property under the Ll zone is appropriate. Economic development. GMA encourages economic development. RCE 36.70A.020(5). Redevelopment of the site with a range of Ll uses will meet an existing demand for these uses in the City. This development will provide additional employment opportunities in the City of Tukwila as well as significant tax revenue to the City. ECONorthwest (2007). The proposal is also consistent with Comprehensive Plan Economic Goa12.1, which calls for continuing enhancement of the community's economic well being. The proposal meets this goal by meeting an existing demand in the City for the range of uses that can be developed 55 under the LI zoning but which are not available under the existing MIC /H zoning, including office, retail, and entertainment uses. ECONorthwest (2007). ON boundaries. The proposal is also consistent with goals and policies of the Tukwila Comprehensive Plan calling for the development of identifiable City boundaries. Goal 1.3 provides, "Identifiable boundaries for Tukwila so that residents, workers, and visitors know they are entering the City." Redevelopment of the property with LI uses will be subject to design review. This process will ensure that the property's function as a significant entry point to the City, as well as general quality design, will be considered. Transportation corridors. In addition, Comprehensive Plan Goal 8.1 encourages "transportation corridors that are functional, attractive, and diverse along their lengths both for the people who live along them, traveling through them, and those travelling to visit these areas." Development under the LI zone will further this goal by improving the aesthetic quality of development on the property adjacent to these roadways and by providing frontage improvements as required by the City code. S. A statement of how the proposed amendment complies with applicable Countywide Planning Policies. The proposal complies with applicable Countywide Planning Policies (CPPs). CPP LU -26 provides that lands within Urban Growth Areas (UGAs) shall be characterized by urban development in the UGA. As previously discussed, the MIC /H use that currently occupies the property will be relocating in the near future. Development in the vicinity of the property is trending towards light industrial and commercial development. Accordingly, redevelopment of the property under the LI zone is appropriate. LU -28 provides that growth should be directed first to centers and urbanized areas with existing infrastructure capacity. The property is an urbanized area with existing infrastructure capacity. In addition, an economic study prepared for the proposal shows that the proposal will not adversely affect the Tukwila Urban Center. ECONorthwest (2007). The CPPs address initial designation of Manufacturing Industrial Centers (MIC) and activities within them (LU 51 -62) but do not address removal of properties from the MIC. With regard to development outside of centers, the CPPs provide: "A variety of land uses and concentrations of growth occur within the Urban Growth Area and outside of Urban Centers and Manufacturing /Industrial Centers. Local land use plans will be responsible for the designation, character, and utilization of Urban Areas outside of Centers." CPPs Section Ill. F Accordingly, the CPPs do not constrain the City's ability to remove the property from the MIC based on local circumstances. 56 FW -34 provides that "All jurisdictions shall act to increase work training and job opportunities for all residents and communities." The proposal would allow the development of the property under the LI zone, providing job opportunities to Tukwila residents and residents of other jurisdictions in the region. There is an existing demand for the types of uses that could be developed under the LI zone, but which are precluded from the MIC /H zone. Redevelopment of the property under the Ll zone would meet this demand. ECONorthwest (2007). ED -3 provides that "Olurisdictions' comprehensive plans shall include economic development policies. These policies shall address the local economic concerns of each jurisdiction within the context of a regional economic development strategy." The Tukwila Comprehensive Plan includes an Economic Element. As previously discussed, the proposal is consistent with the goals and policies of this Element, particularly with Goal 2.1 (enhancement of community's economic well being) and Policy 2.1.10 (consider land use changes for warehouses if there is a change in sales tax sourcing rules). 6. A statement of what changes, if any would be required in functional plans (i.e. the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted. The proposal is not anticipated to affect the City's functional plans. The property is adequately served by existing water, sewer, and stormwoter infrastructure. The property is not within the shoreline area. Project specific utility improvements may be required in connection with project -level review. 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City. No capital improvements are anticipated in connection with this plan -level action. The proposal is not anticipated to affect the City's capital facilities plans. Project specific utility and transportation improvements may be required in connection with project -level review. 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. The proposal requires a rezone of the property to Lt. Additional Comprehensive Plan Amendment Criteria 1TiilIC 18.80.050.81 The Council will consider the following in deciding what action to take regarding any proposed amendment: 57 1. Is the issue adequately addressed in the Comprehensive Plan? The proposal to redesignate and rezone the property LI is not currently addressed in the Comprehensive Plan. The existing Comprehensive Plan designation for the property is MIC /H. The applicant is seeking a Comprehensive Plan amendment to change the land use designation to LI concurrent with an application to rezone the property to Ll. The proposal is supported by numerous goals and policies of the Comprehensive Plan, as discussed previously. 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? There is a public need for the proposed change. As previously discussed, the property exists as a vacant building adjacent to the Unified Grocers site. The vacancy of the property and the adjacent land (both owned by the same company) presents an opportunity for redevelopment of the property consistent with market demand and development trends in the area. The proponent is proposing a rezone of the site to Ll. While project -level plans have not been prepared, it is anticipated that a mix of uses allowed in the Ll zone will be developed on the property, including office, retail, lodging, entertainment, and light industrial warehouse and manufacturing uses. This development will meet an identified market demand for these types of uses in the City. ECONorthwest (2007). In addition, the redevelopment of the site will meet the need identified in the City Comprehensive Plan for development of identifiable City boundaries, improvements to the aesthetic qualities of the site, and improvement to the adjacent major transportation corridor of East Marginal Way. These factors were discussed in more detail above. 3. Is the proposed change the best means for meeting the identified public need? Yes. Redevelopment of the property under the current land use designation and zoning would not meet the need for office, retail, entertainment, and light industrial uses that has been identified, since these uses are not allowed in the MIC /H zone. ECONorthwest (2007). Further, due to the nature of heavy industrial uses, the fact that uses in the MIC /H zone are not required to undergo design review, and the reduced code requirements for items such as landscaping as compared to LI zone, redevelopment of the property with heavy industrial uses would not meet the City's goals relating to development of identifiable City boundaries, aesthetic improvements, and improvements to major transportation corridors. Further, other zoning designations would not be as appropriate as the Ll zone. While the Ll zone accommodates a wide range of uses, it is an industrial zone. Accordingly, LI provides a transition between heavy industrial uses and the light industrial and commercial uses developing to the south. Other available zones (such as commercial zones) would not be well suited to this location as they do not provide this transition. 58 4. Will the proposed change result in a net benefit to the community? Yes. As discussed in detail previously, the proposal will provide economic development, assist in creating an identifiable northern City boundary, aesthetic improvements, and transportation corridor improvements. These are all significant benefits to the community. 59 60 .4 t: F1[�ANCE:.:`• PLANNIIY Phone (541) 687 -0051 Suite 400 Other Offices FAX (541) 3440562 99 W. 10th Avenue Portland (503) 222 -6060 info@eugene.econw.com Eugene, Oregon 97401 -3001 Seattle (206) 622 -2403 August 9, 2007 TO: Mikel Hansen FROM: Terry Moore, Bob Parker, and Beth Goodman SUBJECT: ANALYSIS OF IMPACTS OF A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE AT THE ASSOCIATED GROCERS SITE SUMMARY Sabey Corporation is submitting an application for a Comprehensive Plan Amendment and zoning change on the 64 -acre Associated Grocers site. The analysis in this memorandum supports that application by addressing specific questions that the City has raised about the proposed changes. This section (two pages) summarizes our answer to those questions; the memorandum that follows this summary provides supporting data and analysis. CONTEXT The subject property is in Tukwila's Manufacturing Industrial Center (MIC). Its plan designation and zoning is MIC/H (Heavy Industrial). Sabey Corporation is requesting a change to Light Industrial (LI), which would allow for the development of office, commercial, and retail space as well as other light industrial uses. Sabey Corporation is planning to develop the property for office, retail, and light industrial. The City of Tukwila is concerned that the type of development proposed for the subject property could (1) discourage or be incompatible with existing uses in the MIC, (2) increase pressure for conversions from heavy industrial to commercial land, (3) decrease the amount of land available for industrial growth, and (4) compete or take market share for retail and commercial developments in Tukwila's Urban Center. IMPACTS TO INDUSTRIAL LAND 1. Will the proposed Comprehensive Plan Amendment significantly impact future industrial development on parcels near the subject property in the MIC? No. The majority of land near the subject property is already being used for commercial or light industrial uses. 2. Will the proposed uses on the subject property be compatible with existing and expected industrial uses in the MIC? Yes. Regional trends and local forecasts indicate that manufacturing employment is growing slowly or decreasing. Official regional, long- term employment forecasts suggest the majority of employment that Tukwila can expect 61 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 2 in the future is Professional and Business Services and other types of employment that use office space. Boeing Field and Boeing properties separate the subject property from the heaviest industrial uses in the MIC. 3. Is granting the Comprehensive Plan Amendment likely to increase demand for conversion from industrial to commercial uses on areas adjacent to the subject property? Maybe, especially south of the subject site. That land is currently being used, however, for commercial and light industrial purposes. The pressure for conversion of this land to commercial uses is more likely to be affected by regional land prices for industrial land and employment trends than changes to the subject property. 4. Does the proposed development negatively impact the City's policy to have adequate land for industrial growth? Yes and no. Changing the zoning on the proposed development clearly reduces the amount of land for some industrial uses (the property is roughly 4% of the industrial land in Tukwila), and allows the option to develop more of the land for office and retail uses. But the market trends have been clear for a while: land on and around the subject property is not being used much by heavy industry, and the subject property is now used for light industrial and commercial purposes. There is a reasonable, but not definitive, argument that the change in designation will have little impact on the long -run viability of industrial uses in Tukwila given market forces and the way the MIC/H zone is defined and implemented. IMPACTS TO THE URBAN CENTER 1. How will the uses on the subject site be similar and different from the uses in the Tukwila Urban Center? The uses in the Tukwila Urban Center include a regional mall, high density residential development, and a large mixed -use development. The uses on the subject site will be a smaller -scale mixture of retail, commercial, and light industrial uses. Most of the uses will primarily serve people working on or near the site, visitors wanting to stay near Sea -Tac International Airport, and people living relatively near the subject site. 2. To what extent will the commercial and retail uses in the proposed development .compete with commercial and retail uses in the Tukwila Urban Center and other developments within the City? There is no question that the proposed uses will compete with development in other areas of Tukwila: that is the nature of all types of development, and especially retail. The broader question is whether enough demand exists to support all of the existing and proposed developments in Tukwila, including development on the subject property. PSRC forecasts strong employment growth in Tukwila for sectors that use office space. Population growth, coupled with increases in disposable income, will create demand for additional retail space. 3. What is the market area for the proposed development compared to the Tukwila Urban Center? The development concept includes two primary uses: employment (office and some industrial) and retail. The employment uses will draw workers from throughout the region. The retail uses will draw from a smaller market area. Since the mix of retailers is not yet specified, we cannot say definitively exactly what the market area will be. 62 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 3 INTRODUCTION BACKGROUND Sabey Corporation contracted with ECONorthwest to analyze the impacts of a Comprehensive Plan Amendment and zoning change on the 64 -acre Associated Grocers distribution site, located in north Tukwila and south Seattle. The subject property is located in Tukwila's Manufacturing/Industrial Center (MIC) The Manufacturing/Industrial Center (MIC) is an area designated in Tukwila's comprehensive plan as a manufacturing center. It includes land zoned for Manufacturing Industrial Center/Heavy Industrial (NIIC/H) and Manufacturing Industrial Center/Light Industrial (MIC/L). The subject property is zoned MIC/H. Figure 1 shows that the subject property is located between Airport Way, Norfolk Road, East Marginal Way, the Duwamish River and the Boeing Access Road. The property is separated from other properties in the MIC by these roads, except along the northwestern edge of the property, which is adjacent to a credit union. Figure 1. Subject property and immediate transportation access Source: Johnson Gardner memorandum 'Draft Economic and Market Trends Shaping Industrial Land Need in the Duwamish Corridor, May 10, 2007 Fifty-five acres of the 64 -acre site are occupied by the Associated Grocers headquarters and distribution facility, a light- industrial use that has existed in the heavy industry zone for the past 63 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 4 50 years. Associated Grocers is considering changing the location of its facility; it is unclear whether they will continue using the site for more than two to four years. Sabey Corporation is seeking a Comprehensive Plan Amendment and zoning change on the property to bring the zoning in line with historical and likely future uses. The current plan designation is for heavy industrial uses NIIC/H on the portion of the site in Tukwila and IG2 on the portion of the site in Seattle). Sabey Corporation is requesting a change in plan designation and zoning to Light Industrial, LI. The purposes and uses permitted in these zones are described in Tukwila's zoning ordinance: Manufacturing/Industrial Center Heavy (MIC/H) District "...is intended to provide a major employment area containing heavy or bulk manufacturing and industrial uses, distributive and light manufacturing and industrial uses, and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor." The district allows a wide range of uses and building types: manufacturing, heavy -metal processing, rock crushing and asphalt or concrete manufacturing, offices associated with permitted uses, warehouse and distribution facilities, storage facilities, hotels and motels and restaurants. Light Industrial (LI) District "....is intended to provide areas characterized by distributive and light manufacturing uses, with supportive commercial and office uses." The district allows a wide range of uses and building types: manufacturing (similar to manufacturing permitted in NIIC/H), many types of office, medical and dental laboratories and offices, retail sales, warehouse and distribution facilities, storage facilities, hotels and motels, and restaurants. Sabey Corporation is considering redeveloping the site for commercial and light- industrial uses. Table 1 shows Sabey Corporation's concept of the possible uses on the site. The majority of the uses would be office and retail, with a small amount of other commercial and light industrial uses. Although the Sabey Corporation does not have definite plans for the components of the development, it hopes to develop a mixed -use center that provides opportunities for working, recreation and socialization, and shopping in the same area. The development is likely to be pedestrian- oriented and incorporate open space. The site is currently served by bus and SoundTransit may develop the proposed light rail and commuter train station at the Boeing Access Road. Plans to develop this station have been deferred by Sound Transit until financing is available for the station. Table 1. Conceptual development types on the Associated Grocers site Est. Size Possible Use (Square feet) Percent Office 700,000 47% Retail 550,000 37% Light Industrial 100,000 7% Hotel 80,000 5% Theatre 60,000 4% Total 1,490,000 100% Source: Sabey Corporation model of possible uses 64 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 5 Previous studies documented regional economic trends in support of the proposed amendments.' A Johnson Gardner study made the following findings about regional economic trends: The subject property has unique qualities that support the change in uses, including the site's size, visibility, multiple modes of access, nearby industries, and the potential for growth in King County. Growth in manufacturing, particularly heavy industrial activity, will be stagnant over the medium- and long -term periods in King County and the Puget Sound region. The combination of increasing costs of industrial land and outflow of traditional heavy industry create disadvantages for future use of the subject property by a new manufacturer or other firm that needs traditional industrial space. Forecasts and plans by the State of Washington, the Puget Sound Regional Council, and the Prosperity Partnership expect heavy industry to continue to be important to the regional economy but expect a long -term decline in heavy manufacturing and are planning to encourage growth in technical and scientific industries. The current zoning of the property (MIC/H) creates barriers to redeveloping the subject property for uses compatible with the expected regional growth in high -tech, scientific, research, and commercial services industries. PURPOSE OF THE MEMORANDUM This memorandum provides supporting documentation to Sabey Corporation's application for a Comprehensive Plan Amendment and zoning change on the subject property. It addresses specific questions pertaining to the potential impacts of a Comprehensive Plan Amendment and zoning change on the subject site. In short, the purpose of this memorandum is to describe local industrial, commercial, and retail land -use trends that affect future uses of the site, and how (and whether) the Comprehensive Plan Amendment would impact the city's planning efforts. The City of Tukwila is concerned about the impact of the proposed Comprehensive Plan Amendment on existing industrial land and existing and planned commercial uses within its city limits. The City is especially interested in the potential impacts of the proposed Comprehensive Plan Amendments on the Tukwila Manufacturing/Industrial Center (MIC) and the Tukwila Urban Center (TUC), as well as strategies to mitigate any potential impacts. Specifically, the City is concerned about: How the proposed Comprehensive Plan Amendment may impact industrial land near the subject property in the MIC Whether the proposed Comprehensive Plan Amendment may encourage other property owners to apply for conversion of industrial land to commercial land Compatibility between the proposed uses on the subject property and uses on surrounding industrial lands Johnson Gardner memorandum "Draft Economic and Market Trends Shaping Industrial Land Need in the Duwamish Corridor," May 10, 2007 65 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 6 How the potential commercial development on the subject site will effect other commercial uses in Tukwila ORGANIZATION OF THE MEMORANDUM The remainder of the memorandum is organized as follows: Framework for evaluation summarizes the procedures and criteria for amending Tukwila's Comprehensive Plan and Zoning Code that are addressed in this memorandum. Analysis provides answers for each of the questions presented in the Framework section. SCOPE OF THE EVALUATION Sabey Corporation has applied for a Comprehensive Plan Amendment on the subject property. Tukwila has procedures and criteria for amending its comprehensive plan and Zoning Code, which note that "The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. An application to amend Tukwila's Comprehensive Plan must address the criteria specified by the City in its "Application for a Comprehensive Plan Amendment." This memorandum is not the Sabey Corporation's application, which is being submitted separately and addresses all of the criteria. Rather, this memorandum supports that application by addressing in more detail the following criteria for the Comprehensive Plan Amendment: Explain why the proposed change is the best means for meeting identified public need and describe other options for meeting the public need. Explain why the proposed change will result in a net benefit to the community or the type of benefit that can be expected. Describe the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change. Explain why the current comprehensive plan or development regulations are defective or should not continue in effect. Describe how the proposed amendment complies with applicable Countywide Planning Policies. Describe what changes would be required in the Zoning Code. In addition to requesting a change in the Comprehensive Plan, Sabey Corporation will also need to request a change to Tukwila's Zoning Code. An application to amend Tukwila's Zoning Code must address criteria presented in the application for a Zoning Code Amendment. This memorandum addresses the following criteria for the Zoning Code Amendment: Show that the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan. 2 From the City of Tukwila "Comprehensive Plan Amendments" application. 66 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 7 Show that the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Demonstrate that there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map. Describe how the proposed amendment to the zoning map will be in the interest of furthering public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. In meetings between staff at the Sabey Corporation and the City prior to the submission of the Sabey Corporation's application, City staff identified several concerns regarding the impacts of the proposed Comprehensive Plan Amendment. This memorandum addresses concerns the City raised about the proposed Comprehensive Plan Amendment. What are the potential impacts of the proposed Comprehensive Plan Amendment on industrial land in the Manufacturing/Industrial Center? This section will address the affect that the proposed Comprehensive Plan Amendment may have on industrial land in the MIC, including compatibility issues and increases in pressure to convert land from industrial to commercial uses. It will discuss possible strategies for mitigating these impacts. What are the potential impacts of the proposed Comprehensive Plan Amendment on uses in Tukwila's Urban Center? This section will address the impact of the proposed amendment and development on existing commercial and retail uses in Tukwila's Urban Center. It will discuss possible strategies for mitigating these impacts. The analysis section of this memorandum addresses these broad questions, and several related ones. ANALYSIS ECO staff worked with City staff to understand the key issues and analysis required to support the Comprehensive Plan Amendment. This section provides analysis of the two broad questions posed above. The analysis is separated into two parts: impacts of the proposed Comprehensive Plan Amendment on industrial; and impacts of the proposed Comprehensive Plan Amendment on other commercial uses in Tukwila. POTENTIAL IMPACTS OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT ON INDUSTRIAL LAND IN THE MANUFACTURING /INDUSTRIAL CENTER The City of Tukwila is concerned about the potential impacts of the proposed Comprehensive Plan Amendment on industrial land in the City's Manufacturing/Industrial Center (MIC). The City's questions are: 1. Will the proposed Comprehensive Plan Amendment significantly impact future industrial development on parcels near the subject property in the MIC? 67 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 8 2. Will the proposed uses on the subject property be compatible with existing and expected industrial uses in the MIC? 3. Is granting the Comprehensive Plan Amendment likely to increase demand for conversion from industrial to commercial uses on areas adjacent to the subject property? 4. Does the proposed development negatively impact the City's policy to have adequate land for industrial growth? 5. How can the impacts of the Comprehensive Plan Amendment be mitigated? The following analysis addresses these questions. The conclusions at the end of this section provides answers to the questions. Industrial land availability in Tukwila Table 2 shows land uses in Tukwila by plan designation and zoning. The City has designated 1,436 acres —more than one quarter of the City's land —for industrial uses; 1,168 -acres are in the MIC/H zone. An additional 753 acres (14% of the City's land) is in zones that allow a mixture of commercial and industrial uses, and 1,144 -acres (21% of the City's land) are in commercial zones. The proposed Comprehensive Plan Amendment would change 64 acres of MIC/H land to LI. The City only has 20 acres currently in the LI zone. Table 2. Land by zoning district, gross acres, Tukwila, 2007 Zone Acres Percent Industrial 1,436 27% Manufacturing Industrial Center /Heavy Industrial (MIC /H) 1,168 22% Heavy Industrial (HI) 144 3% Manufacturing Industrial Center /Light Industrial (MIC/L) 105 2% Light Industrial (LI) 20 0% Mixed Commercial and Industrial 753 14% Commercial Light Industrial (C /LI) 472 9% Tukwila Valley South (TVS) 281 5% Commercial 1,144 21% Tukwila Urban Center (TUC) 853 16% Regional Commercial (RC) 80 1% Regional Commercial Mixed Use (RCM) 77 1 Office (0) 53 1 Neighborhood Commercial Center (NCC) 52 1 Mixed Use Office (MOU) 21 0% Residential Commercial Center (RCC) 8 0% Residential 2,049 38% Low Density Residential (LDR) 1,797 33% High Density Residential (HDR) 161 3% Medium Density Residential (MDR) 91 2% Total 5,383 100% Source: City of Tukwila, 2007 68 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 9 Table 3 shows the distribution of land uses within the Manufacturing/Industrial Center in Tukwila in 2005, the City's key industrial zone. The majority of the land (913 acres) is developed. Other uses include the King County International. Airport (175 acres) and vacant land (134 acres). The subject property is 64 acres and represents about 5% of the land within the MIC. Table 3. Land uses in the Manufacturing and Industrial Center, Tukwila, 2005 Acres Percent Developed Land 913 72% Airport 175 14% Vacant Land 134 11% Water 34 3% i ht- of -Wav 16 1% Total 1,272 100% Source: Tukwila Comprehensive Plan, 2005 and Tukwila City staff, 2007 According to Tukwila City staff, vacant land is defined a s land having an improvement value of less than $5,000. Table 4 shows the distribution of employment for firms located in the Manufacturing/Industrial Center in 2005. About 85% of the more than 18,000 employees in the Center were employed by firms needing industrial land, including processing firms (including manufacturing) and wholesale firms. Table 4. Employment in the Manufacturing and Industrial Center, Tukwila, 2005 Employees Percent Processing 13,845 76% Professional Office 1,887 10% Wholesale 1,644 9% Other 453 2% Retail 362 2% Total 18,191 100% Source: Tukwila Comprehensive Plan, 2005 In 2007, Associated Grocers employed about 750 people at the subject property, approximately 4% of the employment in the Center. About 400 of the jobs (53 of the jobs were in distribution and 350 of the jobs (47 were office related. These categories of employment do not precisely match the categories presented in Table 4. The distribution employees are probably covered under "Wholesale" in Table 4 and the office- related employees are probably accounted for in "Professional Office in Table 4. The data presented in this section suggest that the proposed change in plan designation on the subject property would affect about 6% of the land area and about 4% of the employment in the MIC. The amount of land zoned in the City Light Industrial (LI) would increase from 20 -acres to 84- acres. Granting the Comprehensive Plan Amendment would result in a change in the composition of economic activity on the site, possibly increasing economic activity on the subject property. The 69 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 10 existing use of the subject property is light industrial and commercial in nature, and has no heavy industrial component. Sabey Corporation is proposing to increase the share of office and retail jobs and decrease the share of light industrial employment. Assuming the subject site is developed as proposed by Sabey Corporation in Table 1, the subject property may have 2,500 or more employees, more than three quarters of which would be office jobs. Changes in employment and demand for industrial land A key question is how the Comprehensive Plan Amendment will affect employment and demand for industrial land. External but important to this question are regional employment trends that will shape demand for land and built space in the MIC/H zone. The Johnson Gardner memorandum documents the projected change in payroll employment in King County. It states that the Washington Employment Security Department projected that the sectors that will add the most employment in King County over the next ten -years are industries that traditionally use office space. These industries are expected to account for nearly 69% of new job growth in the County. Professional and Business Services are expected to lead job growth and Manufacturing firms are expected to account for only 2% of new jobs. Table 5 shows the Washington Employment Security Department projection of job growth in Manufacturing industries for the 2004 to 2014 period. The industries that are projected to add the most jobs are Aerospace (3 new jobs), Nonmetallic Mineral Products (1,300 new jobs), and Food Manufacturing (1,200 new jobs). The industries that are projected to loose the most jobs are Printing and Related Support -700 jobs) and Paper and Paper Products -200 jobs). 3 The estimate of 2,500 employees is based on the amount of space by type that the Sabey Corporation is considering building on the subject property (shown Table 1) and the employment densities presented on page 45 of the Puget Sound Regional Council's document "Industrial Land Supply and Demand in the Central Puget Sound Region." 70 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 11 Table 5. Manufacturing employment forecast, King County, 2004 -2014 Estimated Employment Change 2004 to 2014 Industry 2004 2009 2014 Number Percent AAGR Manufacturing 103,500 115,000 110,400 6,900 7% 0.6% Durable Goods 76,700 87,600 83,200 6,500 8% 0.8% Aerospace 37,300 45,000 40,300 3,000 8% 0.8% Nonmetallic Mineral Products 3,100 4,000 4,400 1,300 42% 3.6% Wood Products 1,300 1,800 1,800 500 38% 3.3% Machinery 5,200 5,700 5,700 500 10% 0.9% Fabricated Metal Products 6,100 6,700 6,500 400 7% 0.6% Electrical Equipment and Appliances 1,700 1,900 2,000 300 18% 1.6% Misc. Manufacturing 5,500 5,500 5,800 300 5% 0.5% Computer and Electronic Products 9,100 9,400 9,300 200 2% 0.2% Furniture Related Prod. 2,600 2,700 2,800 200 8% 0.7% Primary Metals 900 900 800 -100 -11% -1.2% Other Transportation Equipment 3,900 4,000 3,800 -100 -3% -0.3% Non Durable Goods 26,800 27,400 27,200 400 1% 0.1% Food Manufacturing 12,200 13,000 13,400 1,200 10% 0.9% Chemicals 1,800 2,000 2,000 200 11% 1.1% Petroleum Coal Prod. 200 200 200 0 0% 0.0% Plastics Rubber Prod. 3,100 3,100 3,100 0 0% 0.0% Textile Apparel 2,200 2,400 2,100 -100 -5% -0.5% Paper Paper Prod. 2,000 1,800 1,800 -200 -10% -1.0% Printing Related Support 5,300 4,900 4,600 -700 -13% -1.4% Source: Washington Employment Security Department The Puget Sound Regional Council (PSRC) projects employment for small areas in the Puget Sound Region. Table 6 shows the PSRC's long -term forecast for employment in the Tukwila Forecast Analysis Zones (FAZ) for the 2000 to 2040 period.. The PSRC projects that the Tukwila FAZs will add about 27,500 jobs over the 40 -year period. The forecast shows that the majority of new jobs will be in Services, including Finance and Insurance and Real Estate. Employment in Manufacturing is forecast to decline .by more than 3,600 jobs. Employment in Wholesale Trade, Transportation Services, Communications, and Utilities (WTCU) is forecast to grow by more than 1,800 jobs. Some or most of the employment growth in WTCU sectors will choose to locate on industrial land. 71 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 12 Table 6. Employment forecast, Tukwila FAZs, 2000 -2040 i otal MFG WTCU Retail FIRES Gov /ED Emp. 2000 11,369 6,302 11,226 13,113 2,278 44,288 2040 7,761 8,147 12,460 41,267 2,199 71,834 Change Number -3,608 1,845 1,234 28,154 -79 27,546 Percent -32% 29% 11% 215% -3% 62% Source: Puget Sound Regional Council Notes: The PSRC uses Census tracts as the geographic basis of the Forecast Analysis Zones (FAZ). The Census tracts do not generally follow political boundaries. As a result, the forecast in Table 6 may include areas outside of Tukwila and /or may exclude areas inside the city limits. Table 6 includes the South Tukwila and North Tukwila/Riverton FAZs MFG is manufacturing WTCU includes wholesale trade, transportation services, communications, and utilities FIRES includes finance and insurance, real estate, and services Gov /ED includes government and education The predicted employment shifts are already beginning to take place. According to Tukwila's Comprehensive Plan, Boeing controls 750 acres within the Manufacturing/Industrial Center. With the move of their corporate headquarters out the region, Boeing is in the process of converting its facilities into an aerospace research and development engineering campus, including office, laboratory, and manufacturing space. According to staff with the City of Tukwila, Boeing's current activities within the MIC are predominantly light industrial in nature, including manufacturing airplane components from carbon fiber, assembling .plane parts that were manufactured elsewhere, and software development for research and development. Boeing is likely to have low to moderate growth on its land within the MIC. The PSRC employment forecasts suggest that employment in manufacturing in Tukwila will decrease throughout the 2000 -2040 planning horizon. The MIC/H zone primarily targets manufacturing. Declining manufacturing employment strongly suggests declining demand for land and built space. The proposed Comprehensive Plan Amendment recognizes these trends and would provide land for the office and retail sectors where PSRC projects most of the employment growth will occur. Potential impacts of the Comprehensive Plan Amendment on land near the subject property in the MIC The subject property is located on the eastern edge of the MIC. It is bounded by East Marginal Way S and the Duwamish River on the west, Norfolk Road and Boeing Field on the north, Airport Way on the east, and the Boeing Access Road to the south. The property is located near the southern edge of properties zoned MIC/H, and the freeway borders the property to the east. The only parcel that the subject site is directly adjacent to is a credit union, to the north. Other surrounding uses include Boeing facilities, a restaurant, and the Museum of Flight. Existing uses near the subject property are light industrial and commercial in nature, rather than heavy industrial. Thus, several conditions suggest that the change in use at the subject property would not necessarily cause other properties in the MIC area to become less desirable for the kinds of uses allowed in the NEC: The subject property is at the edge of the MIC, not in the center 72 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 13 The subject property is bounded mainly by roads, which reduce direct impacts on surrounding property. Where it touches other parcels, the uses are already commercial (a credit union, a restaurant, and the Museum of Flight), not industrial. Independent of the MIC/H designation, the de facto land uses in the MIC/H area would be better characterized as Light Industrial, and would not conflict with LI uses. The majority of the current uses on land within the MIC can be described as light industrial, as defined in the Tukwila Comprehensive Plan. There is comparatively little heavy industrial activity on land in the MIC in Tukwila. The closest large -scale heavy industrial activity is Delta Marine, a ship building firm located along the west side of Duwamish River outside of Tukwila. Boeing controls most of the land in the MIC/H (approximately 750 acres) and, thus, largely has control of its own destiny. Boeing's use of its facilities within the MIC have changed substantially over the past fifteen years. It has already shifted most of its properties to the Light Industrial end of allowable uses in the MIC/H. It may choose to continue that trend, but it is unlikely to be forced in that direction by a rezoning of the subject property to LI. Its current uses are not only compatible with but may be possibly enhanced by the type of development proposed on the subject site. The proposed Comprehensive Plan Amendment for the subject property is a symptom of the increasing importance of services that require office space, such as Professional and Technical Services, in the regional and local economy. Granting the proposed Comprehensive Plan Amendment on the subject property will not change long -term decline in the demand for heavy industrial uses, employment, and land. Denying the proposed Comprehensive Plan Amendment, however, could result in the long -term underutilization or even disuse (if Associated Grocers relocates) of the subject property. A key concern of the City is whether this Comprehensive Plan Amendment will lead to other proposed Comprehensive Plan Amendments in the MIC/H resulting in a "domino" effect in the area. Our evaluation is that the Comprehensive Plan Amendment on the subject site will not itself, result in such an effect. First, the site is relatively isolated from other sites in the area. Second, the development concept would support many existing uses in the area. Third, while manufacturing employment is projected to decline, there will still be a projected 7,800 manufacturing jobs in the Tukwila area in 2040. However, if the PSRC's employment forecast for the Tukwila FAZs is correct, the trends towards decreasing manufacturing employment may result in lower demand for industrial land and an increase in the pressure to convert heavy industrial land to light industrial or commercial uses. According to the PRCS's forecast Tukwila will experience changes in the composition of its workforce, most notably a decrease in manufacturing employment. The result of this change may be a decrease in the demand for industrial land, especially heavy industrial land. Change of employment and land uses in the MIC The shift from heavy industrial uses to light industrial and commercial uses in the portion of the MIC near the subject site, including Boeing's land, has already occurred without Comprehensive Plan Amendments. The regional employment trends discussed above and in the Johnson Gardner study describe trends away from heavy industrial employment in the region and in Tukwila. The types of firms that are most likely to be attracted to the region require commercial office or 73 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 14 campus -style development, including high -tech, scientific, research, and other "creative" industries. Aside from the subject property, the non Boeing land that is most likely to be under pressure to convert from heavy industrial to commercial uses are the parcels south of the subject site, east of the Duwamish River between Tukwila International Boulevard, East Marginal Way South, and Interstate S. The existing uses on these sites are largely commercial in nature, including office buildings and a hotel. It may be that allowing the subject property to convert from a designation of heavy industrial to light industrial will increase pressure on these parcels to convert to commercial uses. On the other hand, some of the existing uses are commercial. Allowing the conversion of the subject property may create an opportunity to develop a commercial and light industrial gateway into Tukwila, encouraging redevelopment of existing commercial and industrial uses. Mitigating the impacts of the Comprehensive Plan Amendment One of the City's concerns is the conversion of industrial land to commercial uses. We have noted that broader forces than local zoning are driving such conversions. The state projects that future employment growth in Manufacturing especially heavy manufacturing —will be stagnant and that the majority of employment growth will be in Services especially Professional and Business Services. The PSRC's forecast of employment in Tukwila shows that these trends are expected to impact Tukwila. Thus, two reinforcing economic factors are reinforcing changes in local land markets: Manufacturing is growing slowly if at all. And the growth that is occurring is looking more and more like the kinds of activities that would be called Light Industrial: flex space in business parks that mix office and manufacturing assembly uses. Professional services are growing rapidly. Those uses need office space. Office space can be stacked, so it can have more employment density. It does not conflict with surrounding amenity (like industrial uses can): it seeks surrounding amenity (especially professional and retail services). It can afford to pay two, three, or four times as much for land as manufacturing and warehousing, which are land intensive. The result is that in metropolitan areas around the country, former industrial land near rejuvenating downtowns is converting to commercial uses. It is not that manufacturing would not like to have that land —it would. Rather, it is that it cannot afford to pay the prices that commercial uses can pay and still be profitable. Manufacturing moves farther out, abetted by cheaper land that is still well served by highways. If future Comprehensive Plan Amendments are a concern to the City, the City can slow the conversion of land in the MIC to light industrial and commercial uses by identifying the key industrial sites and adopting more aggressive policies to preserve these sites. CONCLUSION: IMPACTS TO INDUSTRIAL LAND 1. Will the proposed Comprehensive Plan Amendment significantly impact future industrial development on parcels near the subject property in the MIC? No. The 74 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 15 majority of land near the subject property is already being used for commercial or light industrial uses. 2. Will the proposed uses on the subject property be compatible with existing and expected industrial uses in the MIC? Yes. Regional trends and local forecasts indicate that manufacturing employment is growing slowly or decreasing. Official regional, long- term employment forecasts suggest the majority of employment that Tukwila can expect in the future is Professional and Business Services and other types of employment that use office space. Boeing Field and Boeing properties separate the subject property from the heaviest industrial uses in the MIC. 3. Is granting the Comprehensive Plan Amendment likely to increase demand for conversion from industrial to commercial uses on areas adjacent to the subject property? Maybe, especially south of the subject site. That land is currently being used, however, for commercial and light industrial purposes. The pressure for conversion of this land to commercial uses is more likely to be affected by regional land prices for industrial and employment trends than changes to the subject property. 4. Does the proposed development negatively impact the City's policy to have adequate land for industrial growth? Yes and no. Changing the zoning on the proposed development clearly reduces the amount of land for some industrial uses (the property is roughly 4% of the industrial land in Tukwila), and allows the option to develop more of the land for office and retail uses. But the market trends have been clear for a while: land on and around the subject property is not being used much by heavy industry, and the subject property is now used for light industrial and commercial purposes. There is a reasonable, but not definitive, argument that the change in designation will have little impact on the long -run viability of industrial uses in Tukwila given market forces and the way the MIC/H zone is defined and implemented. POTENTIAL IMPACTS OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT ON USES IN TumiLA'S URBAN CENTER The City of Tukwila is concerned about the potential impacts of the proposed Comprehensive Plan Amendment on existing commercial uses in the City's Urban Center. The City staff asked ECO to address the following questions: 1. How will the uses on the subject site be similar and different from the uses in the Tukwila Urban Center? 2. To what extent will the commercial and retail uses in the proposed development compete with commercial and retail uses in the Tukwila Urban Center and other developments within the City? 3. What is the market area for the proposed development compared to the Tukwila Urban Center. Proposed uses compared to other commercial uses in Tukwila The Comprehensive Plan Amendment proposes a mix of uses for the subject property: 700,000 square feet of office development 75 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 16 550,000 square feet of retail development, plus an 80,000 square foot hotel and a 60,000 square foot theater 100,000 square feet of light industrial development These uses amount to approximately 1.49 million square feet of built space on the site. A key question is: To what extent will the conceptual mix of uses compete with other commercial centers in Tukwila? In other words, the City's concern is whether the proposed Comprehensive Plan Amendment would draw demand for development in other areas of Tukwila to the subject property. Such an outcome could be inconsistent with several of the City's ongoing planning efforts. Tukwila's Urban Center has more than 850 acres. Some of the development efforts going on in Tukwila's Urban Center include: The Southcenter Mall, which has 1.3 million square feet of occupied retail space and is completing 400,000 square foot addition, which is 95% leased. In addition, the former Mervyn's site is being redeveloped, adding 50,000 square feet to create a site with 100,000 square feet of retail space. Southcenter Mall is a regional retail center that attracts shoppers from around the region and as far away as Alaska. The South Center Square, which is a new retail development south of the Southcenter Mall with big box development and smaller stores. Its 200,000 square feet of retail space is 90% leased. South Center Square will provide additional regional draw that complements the existing retail development at Southcenter Mall. Residential development in Tukwila Urban Center, which will include high density, multi- family residential developments of up to five stories over ground floor retail on the eastern edge of the Urban Center. Three- hundred condominiums are already being developed. The residential development will change the uses in Tukwila's Urban Center from an entirely retail and commercial area to more of a mixed -use area. Table 7 presents an estimate of need for commercial and industrial built space based on the PRCS's forecast for employment in the Tukwila area for 2000 to 2040 a Table 7 shows that the Tukwila area will need the most built space (9 million square feet) for Finance and Insurance, Real Estate, and other Services. Employment in these sectors requires office space. Tukwila will have a need for about 2.2 million square feet of additional retail space. As a regional center for retail, Tukwila is likely to have additional demand for retail space because people from the Seattle region (and further) come to Tukwila to shop. Tukwila is likely to have demand for about 1.6 million square feet of built space for the Warehousing, Transportation, Communications, and Utilities sectors. These sectors typically require industrial land. Table 7 shows the demand for built space for Manufacturing decreasing by about 2.1 million square feet and Government and Education decreasing slightly. The estimate is based the employment densities presented on page 45 of the Puget Sound Regional Council's document "Industrial Land Supply and Demand in the Central Puget Sound Region." The estimates for need for built space were developed by multiplying the change in employment by the number of square feet needed per employee by each type of employment. 76 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 17 Table 7. Estimated need for commercial and industrial built space to accommodate new employment, Tukwila area, 2000 to 2040 Type of Needed space employment (square feet) FIRES 9,150,050 Retail 2,149,628 WTCU 1,610,685 Gov /Ed (25,675) Manufacturinq (2,117,896) Total 14,441,512 Source: PSRC Employment Forecast, 2000 to 2040; Metro "Puget Sound Regional Council's document "Industrial Land Supply and Demand in the Central Puget Sound Region ECONorthwest Comparison of the market area of the proposed use and other commercial development A "primary market area" is generally considered the area in which most of the demand (typically around 70 for a product will originate. The extent of a market area for retail businesses depends on the products or services they offer and the location of competing businesses. People will not typically drive past one convenience store to get to a similar store in a different area, but they will travel farther for a special service or niche product that cannot be easily obtained elsewhere. Thus, the primary market area for a convenience store is the surrounding neighborhood, while the primary market area for a specialty retailer can extend for miles and could include the entire metropolitan Seattle region. In a downtown area it is common to see retail businesses that sell a wide variety of products and services that have local or regional market areas, depending on the type of product sold and the location and quality of competitive businesses offering the same product. Tukwila already understands the regional nature of its retail market area: Tukwila is a retail destination for much of the Seattle metropolitan area, due to the concentration of retail in Southern Tukwila, especially Westfield's Southcenter Mall, which is the largest indoor mall in Washington State and attracts over 11 million visitors each year. The market area includes not only the residents of Tukwila, therefore, but also residents of the Seattle metropolitan area and beyond. The question for the City of Tukwila is how having a secondary retail location north of the Southcenter area would compete with other developments within the City. This section addresses that question. In Tukwila, the subject property would compete primarily with the Southcenter Mall and South Center Square. Regionally, the site would also compete with other commercial areas in the Seattle area that are either in the planning stages or have already developed. Because Tukwila has much faster north -south traffic flows than east -west traffic flows, the area of competition extends farther to the north and south than it does to the east and west. Areas of potential competition include: 77 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 18 The Landing (2 miles from Tukwila). The Landing is a mixed -use development under development in Renton, south of Lake Washington. When completed in 2008, The Landing will include about 600,000 square feet of retail space and 990 residential units. Kent Station (6 miles from Tukwila). Kent Station, developed in 2005 -2006, includes 470,000 square feet of office, retail, entertainment, and education space and a 30,000 square foot civic plaza. Factoria Mall (8 miles from Tukwila). Factoria Mail, approximately 510,000 square feet of retail space, is planning the Factoria Town Square addition to add 685 housing units and 151,000 square feet of retail space. Downtown Seattle (10 miles from Tukwila). The downtown has extensive office and retail space including City Centre, Pacific Place, and Westlake Center. Bellevue Square (14 miles from Tukwila). The Bellevue Square Mall is upgrading to include 2,500,000 square feet of hotel, office, and retail space; it currently is 1,300,000 square feet. The Bellevue is a 130,000 square foot high -end retail development currently being constructed next door. Bellevue Place (14 miles from Tukwila). Bellevue Place has 500,000 square feet of office, retail, restaurant, and hotel space, and is currently constructing a 351 -room addition to the hotel. Lincoln Square (14 miles from Tukwila). Lincoln Square is a 1.4 million square foot office, retail (310,000 square feet), hotel, and 148 -room residential tower development currently expanding to include a 525,000 square foot office tower to house the corporate headquarters of Eddie Bower. The Bravern (14 miles from Tukwila). The Bravern is a 1,600,000 square foot development in Bellevue that will include retail, office, and condominiums, scheduled to open in 2009. Bellevue Crossroads (15 miles from Tukwila). Bellevue Crossroads is a 550,000 square foot retail development in East Bellevue. It is likely that the subject property will attract a market primarily made up of light industrial and office employees, rather than the Iarger metropolitan market captured by the Southcenter retail cluster. ECONorthwest's report "Tukwila Urban Center Market Analysis" (2002) forecast demand for built space in Tukwila's Urban Center to 2020. The report focused on demand for built space in Tukwila's Urban Center, not the entire City of Tukwila. The report forecast the following demand for the types of space: Retail. The report forecast demand for between 1.5 million square feet to 3.8 million square feet of additional retail in Tukwila by 2020. The report said that demand for retail space in Tukwila would depend on three future conditions: (1) population in the retail market area, (2) consumer spending trends, and (3) the degree to which the Tukwila Urban Center maintains its market share of regional retail demand. The report said that regional competition could result in a decrease in demand for retail space in the Tukwila Urban Center. 78 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 19 Office. The report forecast demand for about 1 million square feet of office space in Tukwila's Urban Center by 2020. At the time the report was written, the central Puget Sound market area had suffered setbacks in demand for office space. Light Industrial and Warehouse. The report forecast need for approximately 600,000 square feet of new light industrial and warehouse space in Tukwila to 2020. This estimate is dependent on the availability of light industrial land and the extent to which higher value retail uses compete for available land in the Urban Center. Since the completion of this report in 2002, Tukwila and surrounding cities have experienced retail and commercial development, as well as substantial residential development. Tukwila's Urban Center has continued to be a regional retail draw because (1) the economy has been relatively good, and (2) property owners and developers, such as Westfield, have invested in new development in the Urban Center. Tukwila's Urban Center is still among the strongest regional retail centers but that other retail developments (Renton, Seattle, Bellevue, and elsewhere) keep adding competing retail. Overall, retail development on the subject property and other retail development in progress in Tukwila will almost certainly increase retail sales in Tukwila as a whole. How that increase gets distributed within Tukwila's subareas is complex. In theory, changes in retail activity in Tukwila could be explained through competition and market capacity, which might show economic activity in Tukwila's Urban Center decreasing, or through market synergies and complements, which might show economic activity in Tukwila's Urban Center increasing. Whether retail sales in Tukwila's Urban Center will be the same, greater, or less than they would have been in the absence of Tukwila South or the development of the subject property is a question beyond the scope of this analysis. Notwithstanding these caveats, the type and scope of retail development at the subject property will certainly not be the cause of a collapse at Tukwila Urban Center, but it will probably compete with Tukwila's Urban Center for some business. Role of the proposed development in the community The Associated Grocers site will play a very different role in the community than does the Southcenter/ Tukwila Urban Center area. The Southcenter area has been nationally marketed as a retail destination; it receives over 11 million visitors every year. It is located at a highly trafficked interstate intersection, and is near to the Sea -Tac International Airport. Southcenter is known for its shopping, restaurants, and is beginning to develop nearby high density multi- family residential development as well. The proposed zone change would result in intensification of employment on the subject site and creation of an employment center, and to a lesser extent, a retail center. The majority of the Associated Grocers site is proposed office and light industrial space, and the retail and hotel space will complement that development, but not create a new retail destination for the larger metropolitan market that comes to Southcenter. Because of the scale of the proposed retail uses, 5 Since the completion of this report, demand for office space in the Puget Sound Region has increased. According to C.B. Richard Ellis, the Regional office vacancy rate in second quarter 2007 was 10.5 down from approximately 17% in second quarter 2003. The second quarter 2007 vacancy rate in downtown Seattle was 8.6% and 5.1% in Bellevue's central business district. 79 Sabey Corporation Comprehensive Plan Amendment August 9, 2007 Page 20 the primary market area would be much smaller than those of Southcenter and the Tukwila Urban Center. Given the amount of employment in the area, demand would primarily come from workers in the district. The Associated Grocers site is likely to form a type of transition or buffer zone between the heavy industrial land uses in northern Tukwila and the residential and retail areas in central and southern Tukwila. The light industrial and office uses can buffer the existing residential area from industrial uses, and the commercial and entertainment uses can attract residents on evenings and weekends to an area of the city that is primarily occupied during daytime hours. The commercial and entertainment uses will act as a gateway to the residential part of Tukwila, but the development includes no residential units. CONCLUSION: IMPACTS TO THE URBAN CENTER 1. How will the uses on the subject site be similar and different from the uses in the Tukwila Urban Center? The uses in the Tukwila Urban Center include a regional mall, high density residential development, and a large mixed -use development. The uses on the subject site will be a smaller -scale mixture of retail, commercial, and light industrial uses. Most of the uses will primarily serve people working on or near the site, visitors wanting to stay near Sea -Tac International Airport, and people living relatively near the subject site. 2. To what extent will the commercial and retail uses in the proposed development compete with commercial and retail uses in the Tukwila Urban Center and other developments within the City? There is no question that the proposed uses will compete with development in other areas of Tukwila: that is the nature of all types of development, and especially retail. The broader question is whether enough demand exists to support all of the existing and proposed developments in Tukwila, including development on the subject property. PSRC forecasts strong employment growth in Tukwila for sectors that use office space. Population growth, coupled with increases in disposable income, will create demand for additional retail space. The retail development .at the subject property is one quarter of the size of the development proposed in Tukwila South; which means that it will compete less both in scale, type, and proximity with the Tukwila Urban Center. 3. What• is the market area for the proposed development compared to the Tukwila Urban Center? The development concept includes two primary uses: employment (office and some industrial) and retail. The employment uses will draw workers from throughout the region. The retail uses will draw from a smaller market area. Since the mix of retailers is not yet specified, we cannot say definitively exactly what the market area will be. 80 Attachment B ILA, w qs CITY OF TUKWILA l i Department of Community Development Z ONING CODE G) 6300 Southcenter Boulevarc} Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431 -3665 AMENDMENTS 2' E -mail: tukplan @ci. tkwila. wa. us APPLICATION 19p8 FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: Re,6eccA- F�ox File Number: i p y Application Complete (Date: I Project File Number: PL- —00 Application Incomplete (Date. I Other File Numbers: L' —0 U 1 J NAME OF PROJECT/DEVELOPIVIENT: COMMUNITY BANK AT UNIFIED GROCER SITE LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 10200 EAST MARGINAL WAY SOUTH, TUKWILA, WA 98168 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 042304 9184 -04 DEVELOPMENT COORDINATOR: The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Mikel Hansen Address: 12201 Tukwila International Boulevard. Seattle. WA 98168 Phone: 206 277 -5249 FAX: 206- 282 -9951 E -mail: mikelhna.sabev.com C: \Documents and Settings \A1lisonS \Local Settings \Temporary Intemet Files\ Content.0utlook \TBXBIIAB \Rezone or Zoning Code Text Amend4u12010.doc 81 t C: \Documents and Settings \AUisonS \Local Settings \Temporary Internet Files \Content.Outlook \TBXBIIAB \Rezone or Zoning Code Text Amend- Ju12010.doc 82 A. COMPREHENSIVE PLAN DESIGNATION: Existing: MIC /H Proposed: CI B. ZONING DESIGNATION: Existing: MIC /H Proposed: CI (Licht Industrial) C. LAND USE(S): Existing: MIC/H Proposed: CI (for proposed changes in land use designations or rezones) C: \Documents and Settings \AllisonS \Local Settings \Temporary Internet Files \Content.Outlook \TBXBIIAB \Rezone or Zoning Code Text Amend JuI2010.doc 83 l AssocJated Dart 00 G rocers Proper W03400042 Boundary 0003400046 0003400049 000340001 10230 E m argin al 0003d00041 00 prce 034 d Boundary sj X04230 0423049102 0323049024 N ?j 042304901 Q Q.� 0423049094 0323049064 SL 0323049048 0323049228 Q 04230490 Q7 032304980 0323049046 2304907 2304907 0323049061 0323049028 0323049056 0 926 SCdQ in Feet (appro lmaty �g Rd. 10230 E Marginal Way Seattle. Washbo n DRAFT nix Lot i w"I Numbers SAi W"C FIGURE 3 Feb,uay 2007 Ref: Tax Lot Combtre cdr Dditm Olmsted Fnglavand. Tm 84 w ,nem cw o .131 SUBJECT PROPERTY CITY OF TUKWILA AREA =27,907 SF 4 CITY )F SEATTLE N 7 s AREA 1,265,135 SF 7 uR R 1/. xcfm or CITY OF TUKWILA AREA 1,438,912 SF 3301 NORFOLK ST. AND 10230 E MARGINAL WAY SABEY PROPERTY CITY OF TUKWILA AND CITY OF SEATTLE ZONING AREA SCALE 1 250' 85 LL Q z Q z a w (D 0 07 z Y Lli D 0 0 U) NN U N 0 I i z W JI L. :l i •emu ''�Tu. �'i n WX te;: ,,:4�ti'- ">:y •:Syi s' 1" :P,u %�.5.� j}`• a4 y;"Sf :per- 52. `.�',.1; �r�' -r\' yi',x°,; �a t ,y s b Y'' ,t 1Y 4 �.�ty�•.?�:, al Win. 1 :.i"` £2 r ,,(f if." i'`:i :F} 'u'�: "'�N',21fl:k i `J• �t.�'i- _3•y `"w 1,. -3- Vii`',,, j`3};� n F .i,:�;. •w 1 .::,F`... F: .r;:?Y�:,r�yary;+ixU;;. `4. (t J.: :',`Lt "`'^i.s >:az.� ,�lr^ ;tae'::i> ar`r jtij; sx "fir,.:.; •ice= 4 >'�c- ;�:i'. a!w 3.��' '4:: :r' .!c� tl4+ rte- z 5�.;:.,.. f '-vs7. .W' A�::::r� �.c •a�,-0`,:::;.. 4 rh. �Y'. "y� �..1' .:;1 i 1 OWN ZAN NF S S f v :x f r T•. pa t rtV ES N c_ ,`1jr'*y�� 1 -v, fig.' cyy.. I'll: "=.�u 4. 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Ce. %'14n:i'fe; .fs- '!5 s Y a• t* ^¢'�'e:.. w w w C) 0 0 0 0 0 0O�O¢F >2 W o o o a wF w >3 a O O O O Z H q 7 �DO�QZ� P wz zOHZ W H z w w U w O x F ;v�aU¢dawCaO o W W q~O a' O -V3 r'^ Mk O v� r y y o r lff 0 a W P v 87 3. AFFIDAVIT OF OWNERSHIP 88 ILA,�y� CITE' OF TUKWILA k f '`yy Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 �2 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukvlan @ci.tukwila.wa.us 1905 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 10200 East Marginal Way, Tukwila, WA 98168 for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at 12201 Tukwila International Boulevard, Seattle, WA on January 3, 2011 Print Name: Mikel Hansen Address: 12201 Tukwila International Boulevard. Seattle. WA 98168 Phone Number: 206 277 -5249 Signature On this day personally appeared before me Mikel Hansen to me known to be the individual who executed the foregoing instrument and acknowledged that he signed the same as his voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 3rd DAY OF January 2011 NOTARMMILIC in and for the State of Washington u N Sy 11/ 1, �z residing at �S Yrt s'Q My Commission expires on Co 09 -A OF WASN\q0; C: \Documents and Settings \AlhscnS \Local Settings \Temporary Internet Files \Content.Outlook \TBXBIIAB \Rezone or Zoning Code Text Amend- Ju12010.doc 89 4. REDUCED SIZE PLAINS 90 NOIIV80&IO3 A313VS N S31VIOOSSv... AI2OdMld A39VS SNVA3 C31"!M r AVM IVNIEMVIN 3 MM t; 8 g C, NVId 311S 3NOZ38 (INV iN3VYCN3WV NYId 3AISN3H38dV400 o I z 0 z �22 w 5 53J2; F 'I 14 yy u WP� I� V p I.7 I s apz w u) O"m cn c') z L) fil Ln -C D Z Z O Z P w 0 Z" P: z W C4 I I w z w Al 0 w LL C, 0 z �jj 5'. "Ti t 4 1 91 S. APPLICATION FEE 92 6. COMPREHENSIVE PLAN AMENDMENT FEE SUBMITTED CONCURRENTLY WITH THIS APPLICATION 93 7. SEPA CHECKLIST WILL RE SUBMITTED ON REFFERRAL TO PLANNING COMMISSION 94 8. NOT APPLICABLE 95 9. OTHER INFORMATION SEE REPORT BY ECONORTHWEST SUBMITTED WITH APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT 96 10. RESPONSE T ®18.84.030 CRITERIA 97 98 ZONING AMENDMENT CRITERIA (TMC 18.84.030) Zonine Amendment Criteria (TMC 18.84.0301 The application shall specify, in a format established by the property: 1. Is the proposed amendment to the zoning map consistent with the goals, objectives, and policies of the comprehensive plan? The proposal is consistent with goals and policies of the Tukwila Comprehensive Plan calling for the development of identifiable City boundaries. Goal 1.3 provides, "Identifiable boundaries for Tukwila so that residents, workers, and visitors know they are entering the City." Redevelopment of the property with Ll uses will be subject to design review. This process will ensure that the property's function as a significant entry point to the City, as well as general quality design, will be considered. 2. Is the proposed amendment to the zoning map consistent with the scope and purpose of the Zoning Amendment Criteria (TMC 18.84.030) and the zone classification applied for? Yes. Please see zoning map changes that were made in 2007 in Tukwila and 2009 in Seattle to this site. This request will make the site a consistent zone. 3. Are there changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map? Yes the entire 62 acres site has been rezoned. The 32 acres in Tukwila were rezoned in 2007 and the 30 acres in Seattle were rezoned in 2009. 4. Will the proposed amendment to the zoning map be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare of the community and not adversely affect the surrounding neighborhood? Yes. As discussed in detail in the Comprehensive Plan Application, the proposal will provide economic development, assist in creating an identifiable northern City boundary, aesthetic improvements, and transportation corridor improvements. These are all significant benefits to the community. 99 100 Attachment C TU ILA SEATTLE MC/ 0 rr M 1 C/H to L 1 1 0 G o City of Tukwila Comp Plan Amendment L11 -001 Rezone L11 -002 Project File PL11 -001 Subject Property Zoning sl ■1 ■b i61 ■ITr Tukwi1a City Limits 1"=200' Ov 101 102 Attachment D Rf M-15 l xw �44, "M MIC/H to LI v t x:-a r� \\�lr '}3p.r3 ak'..,a�tX'3,zs >�Sw .:c g4 7 -1 ZI M City of Tukwila Community Bank o Rezone from MIC/H to Ll wY NORTH 1"=300' xrvt 103 104 Attachment E :soclated Grocers Property 0003400042 Boundary 0003400046 0003400049 0003400015 1023 Mar 0340004 Property Boundary �o4Z3049101 042.9049102 0323049024 N Q 0423049015 0 a 0423049099 0323049062 N 0329049048 0929049128 a 04zaoa90r� 0329049080 0323049045 490490 N 0323049061 2.904907 0323049028 0323049068 0 8aata in Fact (ePPrMft") Boom Rd. 10230 E Marginal Way Seaft waslrTnpl= Taut Ld PWMI Numbers 1ZAf: TIC LQfi COTb1n9d.Cdr BA8.02a•00 ROURE 3 Oammy 2007 DWU% Otmatad ftovvand. roe. 105 106 Attachment I DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 10200 EAST MARGINAL WAY SOUTH, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTER/HEAVY (MIC /H) TO LIGHT INDUSTRIAL (LI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on March 21, 2011, the Tukwila City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011 the Comprehensive Plan map change was determined to have no significant environmental impact; and WHEREAS, on June 23, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Comprehensive Land Use Map designation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, light industrial and commercial land uses and development are appropriate activities immediately adjacent to the Manufacturing Industrial Center and King County International Airport; and WHEREAS, light industrial and commercial development will benefit Tukwila's long- term economy; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and W: Word Processing \Ordinances \Sabey Community Bank -Land Use Map amended 6 -27 -11 RF:bjs Page 1 of 2 107 WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation and Findings and Conclusions as outlined in the staff report, and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the staff report, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Re- designation Approved. The property located at 10200 East Marginal Way South, Tukwila, Washington (Tax Parcel 042304 9184), and as described in Exhibit 2, is hereby approved to be re- designated from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) as shown on Exhibit 3. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. 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 5. 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 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Planning Commission Findings and Conclusions Exhibit 2 Legal Description Exhibit 3 Comprehensive Plan Map W: Word Processing \Ordinances \Sabey Community Bank -Land Use Map amended 6 -27 -11 RF:bjs Page 2 of 2 108 Exhibit 1 File L11- 001 COMPREHENSIVE PLAN AMENDMENT, COMPREHENSIVE PLAN CRITERIA: 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Plan's third priority objective recognizes the importance of industrial uses to the community as follows: Objective 3. "To redevelop and reinvigorate the industrial uses along East Marginal Way Comprehensive Plan policies balance support for the Manufacturing /Industrial Center and industrial uses with Tukwila's overall goals for continued economic development and well -being as follows: Goal 11.1 (Man ufacturing/Industrial Center); Support for existing industrial activities in the Manufacturing /Industrial Center and development of industrial activity in order to maximize the employment and economic benefits to the people of Tukwila and the region, while minimizing impacts on residential neighborhoods. The MIC zones are intended primarily for industrial uses or activities that support these uses. Policies protect the land resource, allowing it to be used effectively to generate its potential of high -wage jobs and public revenue as follows: Policy 11.1.5: Allow uses that are commonly associated with manufacturing and industry, including those directly supporting such activity, such as offices and laboratories, while prohibiting unrelated uses. Allowing a broader range of uses, including light industrial and commercial, that can be developed under the Light Industrial zoning generally supports a varied and healthy economy for Tukwila as follows: Goal 2.1 Continuing enhancement of the community's economic well -being 2) Impacts The requested map change would remove approximately .64 acres from Tukwila's Manufacturing /Industrial Center —Heavy (MIC /H) and transfer them to the Light Industrial (LI) designation/zone. This action would allow a broader range of non manufacturing uses, and would still permit light industrial uses such as warehouse storage or wholesale distribution facilities. Land available for the heaviest industrial uses would be reduced. Prior to the applicant's acquisition of the property, it was the site of Community Bank, an office /service use. rf 1 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey-- Comp.Plan Exhibit l.docx 109 Recent updates to the MIC element of the Comprehensive Plan reaffirmed the importance of the MIC as a center for industrial land, and recommended that light rail and commuter rail stops locate in the vicinity of Boeing Access Road, approximately a block south of the subject site. When the adjacent 32 acre rezone from MIC /H to LI was approved in 2007, the City of Tukwila considered the potential impacts that redevelopment of the entire 32 acres could have on existing and future land use and development in the Manufacturing /Industrial Center (M/IC). It was found that traffic impacts could be addressed through improvements to signals, and could be funded through traffic mitigation and concurrency fees (Mirai, 2007). Impacts to industrial lands would be slight, since most of the adjacent uses are already either light industrial or warehouse (EcoNorthwest, 2007) Any pressure for conversion of adjacent lands from industrial to commercial is more likely a function of regional land prices and employment trends, than specific activity at the project site. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? Redevelopment of the subject property if zoned LI and included in a larger project could provide a range of additional employment and commercial opportunities, depending on the mixture of uses such as office, hotel, light industry and retail use that locate in the project. It is not known what specific development will occur in the Tukwila and Seattle portions of the development. Other options for meeting the public need for employment opportunities and tax revenue, include: retaining the current MIC/H designation, and to allow the property to redevelop with uses that are more industrial in nature, or; retaining the current MIC /H designation, and allowing anew office tenant to occupy the existing structure. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The map change from MIC /H to LI is being considered primarily as the completion of the 32 acre 2007 rezone, rather than as an entirely new issue or as part of the 2011 MIC update. By approving the earlier rezone, the City Council indicated that the LI designation was appropriate for the general location. Designating the property as LI expands its redevelopment options to become part of a future large project under a single owner, and away from the heaviest industrial use that is permitted exclusively in the MIC /H. LI allows supportive commercial and light industrial uses, and would provide a transition to commercial development that either already exists or is planned farther to the south. If the property were rezoned as LI and did not redevelop as part of a planned future project, a range of light industrial uses would be permitted, or an office use could be reestablished. rf 2 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey-- Comp.Plan Exhibit Ldocx 110 Redesignating and rezoning the site to Light Industrial (LI) makes it easier for the property to be included with a future redevelopment project in a large site at the north eastern boundary of Tukwila. Any new construction will meet current standards, including landscaping and frontage improvements. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1. Comprehensive Plan: The proposed change is consistent with the Comprehensive Plan goal for continued enhancement of the community's economic well- being. Although the map change would remove .64 acres from the MIC /H zone, the rezone has the potential to contribute to the revitalization of E. Marginal South industrial activity by providing desired amenities for area workers through future redevelopment. 2. Impacts: The map change is not likely to impact the long -run viability of industrial uses in Tukwila, given market forces and the way that the MIC /H zone is defined and implemented. Traffic impacts will be addressed by impact and concurrency fees. Project- specific impacts will be addressed at the time of redevelopment. 3. Public Need: e LI zoning facilitates the site's redevelopment with adjacent properties to provide additional revenue and employment generating activities. 4. Communitv Benefit: Redesignating and rezoning the site to Light Industrial (LI) presents the opportunity for its inclusion with a redevelopment project in a large site at a visible location. Any new construction will meet current standards, including landscaping and frontage improvements. rf 3 07/06/2011 Z: \DCD n Clerk's\Rebecca \Completed ordinances \Sabey-- Comp.Plan Exhibit I.docx 111 Exhibit 2 Legal Description PORTION OF GOV LOT 8 TGW PORTION OF TIMOTHY GROW D C NO 44 IN NE 1/4 OF SECTION 04 -23 -04 BEGIN INTERSECTION OF S LINE OF TIMOTHY GROW DONATION CLAIM WITH E LINE OF GOV LOT 8 TH S 00 -23 -12 W 137.23 FT TH N 89 -58 -12 W TO A POINT BEARING S 89 -58 -12 E 168 FT FROM ELY MARGIN OF E MARGINAL WAY SOUTH AND POB TH N 23 -39 -16 W 181.29 FT TH N 89 -50 -45 W 168 FT TO SAID ELY MARGIN TH S 23 -39 -16 E ALONG SAID ELY MARGIN TO A POINT BEARING N 89 -58 -12 W FROM POB TH S 89 -58 -12 E 168 FT TO POINT OF BEGINNING W: Word Processing \Ordinances \Sabey Community Bank -Land Use Map Exhibit 2 RF:bjs Page 1 of 1 112 txnibit 3 TU ILA SEATTLE v V S M I C/H to L I City of Tukwila Comp Plan Amendment L11 -001 Rezone 1-11 -002 Project File PL71 -001 Subject Property Q�i Zoning GL fl ■1 Tukwila City Limits 1 =200' LO 113 114 Attachment J DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED AT 10200 E. MARGINAL WAY SOUTH, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTER/HEAVY (MIC /H) TO LIGHT INDUSTRIAL (LI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and since these documents may be reviewed and updated as appropriate; and WHEREAS, on March 21, 2011, the Tukwila City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011 the Zoning Map change was determined to have no significant environmental impact; and WHEREAS, on June 23, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Zoning Map designation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, light industrial and commercial land uses and development are appropriate activities immediately adjacent to the Manufacturing Industrial Center and King County International Airport; and WHEREAS, light industrial and commercial development will benefit Tukwila's long- term economy; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and W: Word Processing \Ordinances \Sabey Community Bank Zoning Map amended 6 -27 -11 RF:bjs Page 1 Of 2 115 WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation and Findings and Conclusions as outlined in the staff report, and has determined the public interest will be best served by approving the application to amend the Zoning Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the staff report, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Re- designation Approved. The property located at 10200 East Marginal Way South, Tukwila, Washington (Tax Parcel 042304 9184), and as described in Exhibit 2, is hereby approved to be re- designated from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) as shown on Exhibit 3. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show this change in designation. Section 4. 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 5. 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 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Planning Commission Findings and Conclusions Exhibit 2 Legal Description Exhibit 3 Zoning Map W: Word Processing \Ordinances \Sabey Community Bank Zoning Map amended 6 -27 -11 RF:bjs Page 2 of 2 116 Exhibit 1 FINDINGS AND CONCLUSIONS File L11 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan Per the discussion of Comprehensive Plan Criteria (above), redeveloping and reinvigorating the industrial uses along E. Marginal Way is one of Tukwila's key priorities, as is the continued enhancement of the community's economic well- being. The proposed rezone request from MIC /H to LI allows a broad range of uses, including light industrial and commercial, to support a varied and healthy economy for Tukwila. It is consistent with this priority and accompanying goals and policies. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.32.010 Purpose, the Light Industrial District is "...intended to provide areas characterized by distributive and light manufacturing uses, with supportive commercial and office uses. The proposed rezone from Manufacturing Industrial Center -Light (MIC /L) to Light Industrial (LI) would fulfill this purpose by retaining the potential for distributive and light manufacturing uses, while allowing a range of commercial and office uses to be built. The LI zone designation is also most consistent with Seattle's Industrial Commercial (IC) zoning on adjacent property. Consistency between Tukwila and Seattle zoning will facilitate future development. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since 2007, approximately 62 acres immediately adjacent to the subject property, including 32 acres in Tukwila, was rezoned from Manufacturing Industrial Center /Heavy (MIC/H) to Light Industrial (LI) to accommodate planned future mixed -use commercial redevelopment. As discussed, the applicant had wanted to include the subject property in the original 2007 rezone, but did not own the parcel at that time. Having purchased the property, the applicant is proceeding with the Comprehensive Plan and zoning map changes so that the entire project has the same zoning. This will enable the owner to prepare for eventual large scale development that includes the subject property. By approving the 2007 rezone, the City Council indicated that the LI designation was appropriate for the general location. Rf 1 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey Zoning Exhibit Ldocx 117 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The rezone should balance between industrial and commercial land use and zoning without jeopardizing current and future development in the Manufacturing /Industrial Center or the Tukwila Urban Center. The rezone to LI allows a somewhat broader range of uses than the existing MIC/H. Future redevelopment can contribute to the vitality of the community through increased opportunities for employment, recreation, and shopping, and increased revenue to the City of Tukwila. The rezone makes it easier for the property to be included in a future large scale redevelopment project. As part of a larger project, it would be likely to have additional review and public input. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, airport (KCIA and FAA) requirements, and impacts on abutting property. CONCLUSIONS 1) Consistencv with Commehensive Plan: The rezone is consistent with the Comprehensive Plan policies to support industrial redevelopment and ensure economic vitality. 2) Consistencv with Zone: The Light Industrial retains potential for light industrial use, allows a range of commercial and office activity. It is compatible with zoning for the remainder of the proposed redevelopment area, and is compatible with adjacent Seattle zoning. 3) Changed conditions: Changed conditions including the 2007 rezone of 32 acres in Tukwila to Light Industrial (LI) and the 2009 rezone of 30 acres in Seattle to IG, and the purchase of the property by the Sabey Company for inclusion with the large -scale future redevelopment with the warrant a rezone from Manufacturing /Industrial Center Heavy (MIC -H) to Light Industrial (LI). 4) Benefit to communitv: The LI zoning has many features of the MIC /H zone, but allows a broader range of uses, and increases the likelihood that the property will be part of a larger redevelopment project anticipated for the adjoining Unified Grocers properties. rezone shall take into account the requirements of developing property adjacent to King County International Airport, including building height, noise impacts and landscaping. Rf 2 07/06/2011 Z: \DCD n Clerk`s\Rebecca \Completed ordinances Sabey Zoning Exhibit Ldocx 118 Exhibit 2 Legal Description PORTION OF GOV LOT 8 TGW PORTION OF TIMOTHY GROW D C NO 44 IN NE 1/4 OF SECTION 04 -23 -04 BEGIN INTERSECTION OF S LINE OF TIMOTHY GROW DONATION CLAIM WITH E LINE OF GOV LOT 8 TH S 00 -23 -12 W 137.23 FT TH N 89 -58 -12 W TO A POINT BEARING S 89 -58 -12 E 168 FT FROM ELY MARGIN OF E MARGINAL WAY SOUTH AND POB TH N 23 -39 -16 W 181.29 FT TH N 89 -50 -45 W 168 FT TO SAID ELY MARGIN TH S 23 -39 -16 E ALONG SAID ELY MARGIN TO A POINT BEARING N 89 -58 -12 W FROM POB TH S 89 -58 -12 E 168 FT TO POINT OF BEGINNING W: Word Processing \Ordinances \Sabey Community Bank Zoning Map Exhibit 2 RF:bjs Page 1 of 1 119 Exh 3 TU ILA SEATTLE i S� o 1 P M 1 C /1-1 to U Ll City of Tukwila Comp Plan Amendment L11 -001 Rezone L11 -002 Project File PL11 -001 Subject Property O Zoning �I ®IbTukwila City Limitsj,- s LN V=200' 120 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by I Mgy�revrew I CouiWil.reviezv 07/11/11 MV I 07/18/11 I MV ITEM .INFORMATION CAS NUMBfsR: 11-069 STAFF SPONSOR: CHIEF VILLA I ORIGINAL AGENDA DATE: 7/11/11 AGi:ND,� ITEM TITLE SCORE Investigative Assistance Agreement CXCLGORY Discussion Motion Resolution Ordinance BidAu�ard PublicHeanng ❑Other Mt g Date 7/11/11 Mtg Date 7/18/11 Mtg Date Mtg Date Mtg Date Mtg Date MI Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PAR ®Police Pl>' SPONSOR'S Tukwila is an owner city of the South Correctional Entity (SCORE). We would like to enter SUMMARY into an agreement with SCORE, along with the other owner cities, to investigate criminal or significant activity pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act. RI ,\'IEWL;D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/06/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST Y LMPACI` FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Cotnments: IVITG. DATE REGORD��,OF ;COUNCIL ACTION 07/11/11 I MTG. DATE I ATTACHMENTS 07/11/11 Informational Memorandum dated 06/28/11 Copy of the Investigative Assistance Agreement Minutes from the Finance and Safety Committee Meeting 07/06/11 121 122 City of Tukwila s Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Mike Villa, Chief of Police DATE: June 28, 2011 SUBJECT: SCORE Investigative Services Agreement ISSUE The City wishes to sign an Investigative Services Agreement with the South Correctional Entity (SCORE). BACKGROUND The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila created a governmental administrative agency known as SCORE. SCORE has built a new detention facility located in Des Moines Washington. The facility will begin housing inmates in September of 2011. DISCUSSION The cities mentioned above wish to cooperate in the investigation of any criminal or significant activity that occurs at the SCORE facility and pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW. This cooperative agreement will reduce the burden on any one agency for the sole responsibility of these investigations. The Investigative Services Division of the Tukwila Police Department (TPD) will absorb the increased demand during 2011 and 2012. TPD will monitor and assess the requests and make necessary future adjustments as needed. The Investigative Assistance Agreement has been approved by both the SCORE Operations Board and the Administrative Board. These boards are comprised of the Police Chiefs and Mayors of the aforementioned cities as well as the SCORE director. RECOMMENDATION The Council is being asked to consider this item at the July 11, 2011 Committee of the Whole Meeting and subsequent July 18, 2011 Regular Council Meeting. ATTACHMENTS Investigative Assistance Agreement with SCORE W:12011 Info Memos\SCOREInvestigative.doc 123 124 INVESTIGATIVE ASSISTANCE AGREEMENT This Agreement is between the State of Washington cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila (collectively "Cities" and each "City"), which created a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity, "SCORE effective on August 22, 2011. RECITAL WHEREAS, the Cities have worked closely in the past in all aspects of policing services and wish to continue such relationships with regard to the new detention facility built by SCORE and the investigation of any criminal or significant activity that occurs at this facility and pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW "Act"); and WHEREAS, RCW 10.93.130, contracting authority of law enforcement agencies, provides: "Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance." TERMS AND CONDITIONS NOW THEREFORE, in consideration of the above recitals which are incorporated by reference herein and other good and sufficient consideration, the Cities agree as follows: The SCORE Executive Director or designees and the Cities' Chiefs of Police will cooperate and exercise their professional judgment in requesting and responding to SCORE requests for investigative assistance. SCORE will utilize Valley Communications to initiate any required first responder calls for service for those emergency calls that require a police or fire response. Beyond emergency response, at the discretion of the Executive Director, SCORE will initiate requests to the Cities for investigative assistance with any investigations requiring the need for outside investigative assistance. The SCORE Executive Director and the Cities' Chiefs of Police will use best efforts to disburse the burden of such requests among the Cities on an equitable basis and the Chiefs of Police will use their best efforts to affirmatively respond to such requests for assistance. In the event that a City police department cannot respond to a mutual aid investigation request, the SCORE Executive Director will seek the aid of one of the Cities or another outside law enforcement agency for an investigation. Investigative Assistance Agreement Page 1 of 3 125 At the sole discretion of the Executive Director, in circumstances where an independent law enforcement investigation (i.e. without the participation of a City) is needed, the SCORE Executive Director, or designee, will acquire the assistance of another outside law enforcement agency. SCORE will be responsible for initiating contact with the Chief of Police for the City of Des Moines, or designee, who is to be notified of the need for law enforcement investigative assistance before another law enforcement agency is requested. SCORE will also notify the Washington Cities Insurance Authority, as the circumstances warrant. At the discretion of the SCORE Executive Director, no requests will be made to the Cities' police departments to become involved in matters that are more commonly handled through other investigative means, such as labor employment issues or matters that are to be investigated and handled within SCORE's internal administrative procedures. Liability for investigative assistance will be subject to the provisions of the Act. A request for investigative assistance should contain the following elements: o Communication between SCORE and the Cities o Definition of the event that has occurred o Staffing requirements expected for the investigation o Status as to either lead agency, secondary agency, or to act as an independent reviewer o Estimated duration of the investigation o Estimation of any after action events or functions that may occur o Comprehensive written report of the event This Agreement may be executed in counterparts and to be effective on the date above specified. Investigative Assistance Agreement Page 2 of 3 126 South Correctional Entity City of Auburn City of Burien City of Des Moines City of Federal Way City of Renton Jim Haggerton, Mayor City of SeaTac City of Tukwila Investigative Assistance Agreement Page 3 of 3 127 City of o Tukwila Y Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes July 6, 2011— 5: 00p. m.; Conference Room #3 'Wednesday due to holiday PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Mike Villa, Shawn Hunstock, Marty Grisham, Nick Olivas and Kimberly Matej Guest: Chuck Parrish CALL TO ORDER: Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. SCORE Investigative Services Agreement Staff is seeking Council approval to enter into an Investigative Assistance Agreement with all SCORE detention facility member cities (Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila). r his cooperative agreement is for investigative services for any criminal or significant activity that that occurs at the SCORE facility and pursuant to RCW Chapter 10.93 (Mutual Aid Peace Officers Powers Act). Investigative needs will be equally shared among member cities as necessary. Misdemeanor crimes will be handled through internal processes. Without this investigative agreement, services would need to be contracted and paid for through an outside entity (i.e.: King County). Legal has reviewed the agreement, and the agreement has been approved by the SCORE Operations and Administrative Boards. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. B. Ordinance Update: Emergencv Management Staff is seeking Council approval of an ordinance amending existing Tukwila Municipal Code (TMC) Section 2.57 regarding Emergency Management. The proposed draft ordinance addresses discrepancies as identified through the Revised Code of Washington, and updates definitions and duties as appropriate. This section of the TMC was last updated via ordinance in February 2008. The item is returning to Committee from January 19, 2011, when the Committee suggested several areas of the ordinance that needed clarification and/or further definition for application. Those areas have been modified and staff is returning to Committee for additional review. Highlights of changes include: New Section: Mayor's Responsibilities Title Changes Clarification/Specification of Roles (i.e.: changing control to coordination) Staff mentioned that the new ordinance is NIMS compliant. All other City- issued emergency plans will be built off of this ordinance increasing reliability, coordination and consistency of responsibilities. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. C. Donation to Fire Department: Ford Expedition Staff is seeking Council approval to accept the donation of a 1997 Ford Expedition for the Tukwila Fire Explorer Post from the Valley Regional Fire Authority. 128 CO UNuL AGENDA SYNOPSIS Initials ITEM NO. o> Meeting Date Prepared by May r r w Council review 07/11/11 BG (R, 07/18/11 BG ITEM INFORMATION CAS NUMBER: 11-070 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 7/11/11 AGENDA ITEM TITLE Bid Award for 2010/2011 Small Drainage Program CATEGORY Discussion Motion Resolution Ordinance BidAward PublicHearins Other Mtg Date 07/11/11 Mt Date Mtg Date Mt Date Mig Date 07118111 Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S The 2010/2011 Small Drainage Program includes 2010 projects that were delayed due to SUMMARY permitting issues with 2011 projects. The 2010/2011 Small Drainage Program was advertised for bid on June 8 and 15, 2011. Four bids were opened June 22, 2011 with the low bid of $788,005.50 from Green River Construction, Inc. Green River Construction has successfully worked for the City in the past and their bid is within budget. Council is being asked to award the bid for $788,005.50. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/28/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $788,005.50 $1,344,000.00 $0.00 Fund Source: 412 SURFACE WATER FUND (PAGE 144 145, 2011 CIP) Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 07/11/11 07/18/11 MTG. DATE 1 ATTACHMENTS 07/11/11 Informational Memorandum dated 6/24/11 Project Location Map Bid Tabulation Minutes from the Utilities Committee meeting of 06/28/11 07/05/11 129 130 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Bob Giberson, Public Works Director DATE: June 24, 2011 SUBJECT: 2010/2011 Small Drainaae Proaram Project No. 91041201 BID AWARD ISSUE Award the bid for construction of the 2010/2011 Small Drainage Program. BACKGROUND The Small Drainage Program constructs drainage projects throughout the City that are too large for City staff to complete, but are smaller than a typical capital improvement project. The projects originate from citizen complaints and from the maintenance staff and are compiled on the Small Drainage Project List. Each year the projects are prioritized based on need, expense, permitting requirements, and length of time on the list. The highest priority projects are designed and constructed. This year's construction includes projects that were scheduled for construction in 2010 but were delayed due to permitting issues, as well as projects from the Private Storm System Adoption Rehabilitation Program (Sites 1 5). The 2010/2011 Small Drainage Program will provide drainage improvements at nine locations listed on page 2 of this memo. ANALYSIS The project was advertised for bids on June 8 and 15, 2011. Four bids were received and opened on June 22, 2011. The bids were checked and tabulated. Green River Construction, Inc. is the low bidder with a bid of $788,005.50. The engineer's base bid estimate was $854,330.00. Green River Construction successfully constructed the 2009 Small Drainage Project. BUDGET AND BID SUMMARY (All amounts include sales tax.) Bid Results Estimate Budget Bid Amount $788,005.50 $854,330.00 SDP (2011) Budget (pg. 144) $971,000.00 Private Storm Budget (pg. 145) 373,000.00 Contingency (15 118.200.83 128.149.50 0.00 Total $906.206.33 $982.479.50 $1.344.000.00 RECOMMENDATION The Council is being asked to award the construction of the 2010/2011 Small Drainage Program to Green River Construction, Inc. in the amount of $788,005.50 for consideration at the July 11, 2011 Committee of the Whole meeting and subsequent July 18, 2011 Regular Meeting. W:\PWEng\PR0JECTSW DR Projects \91041201 (Small Drainage 2010 2011) \Design \Design 2011 \Info Memo Bid Award 2010 -11 sb.doc 131 INFORMATIONAL MEMO Page 2 The 2010/11 Small Drainaae Proaram includes: Site 1) Wells Trucking (S. 128 St West of East Marginal Way S) Replace existing failing pipe on private property that drains a public roadway. Site 2) Tukwila International Blvd. (south of SR 599) Replace existing failed 18" CMP with new pipe Site 3) East Marginal Way S (S 94 PI) Install a new catch basin to solve ponding issue Site 4) 44 Ave. S (between S 122 and S 124 Install a drainage system Site 5) Evergreen Foods (T.I.B. and 13800 block) Reline and replace an existing failing pipe on private property that drains a public roadway. Site 6) S122 no Street (between Duwamish River and 44 Ave. S) Pipe relining Site 7) 40 Ave S (Southgate Creek) Pipe relining Site 8) Gilliam Creek Regional Detention Facility Control Structure Access Site9) Gilliam Creek at Andover Park E Trash rack Private Storm System Adoption Rehabilitation Program Project Attachments: Project Location Map Bid Tabulations W. 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H °O o"'owwww 'o0` "Ny �uNrmAm >Z `2w� rte- En E° oaaa.a °o EE Q cc €�Ec rEEon W z E �rKa�U a CiUxxU� p NLL' p ter_- xwaaao. a`�� UF- HiN NN C_V UUU V -W d r I f 6l H G Q o w o °i oSo o V mH O m p 0 �Qo 000 6 �z g N u m Nm N O Nm m r r o- a r m o o?oN�ewm.m ��v� o mN N� r m L f 135 136 City of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes June 28, 2011 S: 00 p.m. Conference Room #1 PRESENT Allan Ekberg, Acting Chair (sitting is for De'Sean Quinn); Dennis Robertson and Kathy Hougardy Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Ryan Larson, Greg Villanueva and Kimberly Matej CALL TO ORDER: Acting Committee Chair Ekberg called the meeting to order at 5:03 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. 2010/2011 Small Drainage Program Bid Award, Staff is seeking Council approval to award a bid in the amount of $788,005.50 to Green River Construction for the 2010/2011 Small Drainage Program. This annual program constructs drainage projects throughout the City that are too large for completion by City staff but smaller than the average capital improvement project. This year the Small Drainage Program will construct nine drainage improvements at nine locations (specific locations outlined in memo included in Committee agenda packet). Each year, projects considered for this program are reprioritized based on such things as need, expense, time on the list, etc. Highest priority projects are designed and constructed within annual budget limitations. The City has worked successfully with Green River Construction on past projects including the 2009 Program. Although this is an annual program, projects from 2010 will be constructed due to previous permitting delays. Funding for this project is drawn from two budget line items, the Small Drainage Program and the Private Storm System Adoption Rehabilitation. On a side note, the Committee had a discussion regarding Council approval on project bid amounts, contingency and change orders above signing thresholds. Kimberly Matej will follow up with the City Attorney on the Committee's inquiries. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. B. Howard Hanson Dam Flood Response: Levee Repairs Maintenance Consultant Recommendation and Agreement Staff is seeking Council approval to enter into a consultant agreement with KBA, Inc. in the amount of $298,000 for design and construction management services related to removing temporary flood measures and restoring and repairing affected areas by use of said measures. It is anticipated that this fall the Corps of Engineers will announce that the Howard Hanson Dam is fully functional and all temporary measures implemented to protect potential flood areas can be removed after the 2012 flood season. In order to be ready to remove the protection measures (i.e.: Supersacks and Hesco barriers) and repair the affected land, staff recommends beginning the design process now. KBA, Inc. was chosen from three firms on the Consultant Roster. They have provided satisfactory work for the City in the past including placement of above measures and current work on the Southcenter Parkway Extension Project. Funding for this project is provided in the CIP under Tukwila Levee Repairs and Maintenance. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. 137 138 Co uNuL A GENDA SYNOPSIS Initials IT EMNO. Meeting Date Prepared by rrc ieav CCer ciZ revieev I 07/11/11 I BG 07/18/11 I BG I I I I I De ITEM INFORMATION I CASNumm' .R: 11-071 STAFF SPONSOR: BOB GIBE IORIGINALAGLNDADATI: 7 /11/11 A(;FINDA I'rla\a TrrLE Howard Hanson Dam Flood Response /Tukwila Levee Repairs Maintenance Design Construction Management Consultant Services C. \'17_ ?CORY Discussion Motion resolution Ordinance Bid Award Public Hearin Other t14tg Date 07/11/11 Mtg Date 07/18/11 Mt Date Mtg Date Mtg Date Mt Date Mtg Date SPONSOR Council Mayor HR DCD Finance .Fire IT P&'R Police PlV SPONSOR'S This contract is for design and construction management services for the removal of the SUMMARY Supersacks and Hesco barriers required by the Howard Hanson Dam Flood Response project. Three consultant firms were short- listed from the Consultant Works Roster and KBA, Inc. was chosen as the most qualified. Council is being asked to approve the contract with KBA in the amount of $298,000.00. RI? \'ll ?WIT BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/28/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIT rEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPFINDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $298,000.00 $400,000.00 $0.00 Fund Source: 303 GENERAL IMPROVEMENTS (PAGE 81, 2011 CIP) Comments: J MTG. DATE J RECORD OF COUNCIL ACTION 07/11/11 07/18/11 MTG. DATE J ATTACHMENTS 07/11/11 I Informational Memorandum dated 6/24/11 Consultant Selection Sheet Page 81, 2011 CIP Consultant Agreement with KBA, Inc. Minutes from the Utilities Committee meeting of 06/28/11 07/18/11 i 139 140 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director _fA DATE: June 24, 2011 SUBJECT: Howard Hanson Dam Flood Response /Tukwila Levee Reoairs Maintenance Project No. 10901301 Consultant Recommendation Agreement ISSUE Approve KBA, Inc. for design and construction management services for the Howard Hanson Dam Flood Response project. BACKGROUND The City of Tukwila, King County, Kent, and Auburn installed temporary flood protection measures in 2009 in response to the damage sustained and subsequent reduced flood protection from the Howard Hanson Dam. These temporary measures included Supersacks placed along the Tukwila 205 levee and Hesco barriers placed along West Valley Highway. The Army Corps of Engineers has notified the affected jurisdictions that they expect to announce this Fall that all repairs have been completed to the Howard Hanson Dam and that the dam is operating at full protection level. DISCUSSION After notification by the Corps of Engineers that the dam is fully functional, Valley Cities have agreed to determine as a group when the temporary flood measures will be removed. Given the Corps level of confidence that the current repair work will be completed this Fall and no further work is required, the cities and King County have agreed that the temporary measures can be removed following the flood season in 2012. Each jurisdiction will be responsible for the removal and restoration within their own jurisdiction. The installation of the Supersacks and Hesco barriers required traffic modifications to West Valley Highway, grading work on public and private property, and caused damage to the Tukwila 205 Levee. Therefore, along with removal of the temporary measures, restoration and repair work will also be needed, including full restoration of the Green River Trail. To design and manage this construction project, the current Consultant Roster was reviewed and three firms were short- listed. The firms were: KBA Inc., PACE Engineers, and CH2M Hill. The Summary of Qualifications was evaluated for each firm and KBA, Inc. was selected "as the firm that best met requirements. KBA, Inc. has worked with the City in deploying the temporary measures and is currently working with the City on the Southcenter Parkway Extension project. BUDGET SUMMARY Contract Budaet Design /Construction Management 298,000.00 400,000.00 Construction 1,600,000.00 Total 298.000.00 2.000.000.00 RECOMMENDATION The Council is being asked to approve a Design and Construction Management Agreement with KBA, Inc. in the amount of $298,000.00 for the Tukwila Levee Repairs and Maintenance Project and consider this item at the July 11, 2011 Committee of the Whole meeting and subsequent July 18, 2011 Regular Meeting. Attachments: Consultant Selection Sheet Pg 81 2011 -2016 CIP Sheet Consultant Agreement WAPW Eng \PROJECTS\A- DR Projects \10901301 (Tukwila Levee Repair and Maintenance) \Design \INFORMATION MEMO Design and Construction.doc 141 142 CONSULTANT SELECTION Tukwila Levee Repairs and Maintenance KBA PACE CH2MHi11 Project Management WSDOT, Corps, and iP Levee Experience l 2 2 Firm Experience General Working with Tukwila Program Knowledge 1 1.5 1.5 Construction Managements Experience with Tukwila V" 1.5 1 PS &E Experience with Tukwila 1, 1 2 e 8 8.5 TOTALS Score consultant 1 to 3, with 1 being highest and 3 being lowest. Lowest score is consultant ranked highest. 143 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2011 to 2016 PROJECT: Tukwila Levee Repairs Maintenance PROJECT NO. 10901301 DESCRIPTION: Remove temporary flood control measures and restore property along the levee. The US Army Corps of Engineers notified Valley cities that the Howard Hanson Dam sustained damage JUSTIFICATION: during the January 2009 flood event. Available flood storage was reduced resulting in potential increased release rates and possible flooding of the Green River Valley. STATUS: Temporary containment measures were installed in 2009 that included Hesco walls and Super sacks. MAINT. IMPACT: Increased flood patrol and maintenance inspection of the temporary measures. The US Army Corps of Engineers expects to restore full storage volume of the Howard Hanson Dam in COMMENT: 2011. Direction from the Corps to remove the temporary measures is expected in 2011. The trail will also need repair and overlay due to the damage from containment placement. FINANCIAL Through Estimated (in $000's) 2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL EXPENSES Engineering 200 200 Land (R/W) 0 Const Mgmt 200 200 Construction 1,300 300 1,600 TOTAL EXPENSES 0 0 1,700 300 0 0 0 0 0 2,000 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 0 0 1,700 300 0 0 0 0 0 2,000 TOTAL SOURCES 0 0 1,700 300 0 0 0 0 0 2,000 Proect Location W i 144 2011 2016 Capital Improvement Program 81 CONSULTANT AGREEMENT FOR DESIGN CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and KBA, Inc. hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design and construction management services in connection with the project titled Tukwila Levee Repair and Maintenance Proiect. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 550 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $298,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 1 145 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement "Documents shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any modifications to the Documents made by the City, nor for any use of the said Documents by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregate. Said general liability policy shall name the City of Tukwila as an additional named insured. In case of cancellation and nonrenewal of any of the required insurance coverage, the Consultant shall, within two business days of their receipt of such notice of cancellation, forward same to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing 2 146 in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 147 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Kristen A. Bettv, PE KBA, Inc. 11000 Main Street Bellevue, WA, 98004 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2011. CITY OF TUKWILA CONSULTANT By: Mayor Printed Kristen A. Bettv, PE Title: President Attest /Authenticated: Approved as to Form: City Clerk Office of the City Attorney 4 148 KBA, Inc. June 8, 2011 EXHIBIT A SCOPE OF SERVICES for Tukwila Levee Repair and Maintenance Project Contract No. KBA, Inc. (Consultant) and their Subconsultant, KPG, Inc. (Subconsultant) will provide services to the City of Tukwila (City) for the Project known as Tukwila Levee Repair and Maintenance Project. As detailed in the following Scope of Services: The Consultant will provide services during the design, bidding, construction, and project closeout stages of the Project. This will include assessment of existing conditions, determination of needs for any site restoration, preparation of necessary traffic control and channelization plans, coordination with WSDOT, railroad, and other stakeholders. The Subconsultant will provide design and permitting coordination and preparation services, prepare the bid package, and provide survey and other support. Project Description: This project is the removal of the protective measures installed in 2009 on top of the Green River levee and around Tukwila's Central Business District, together with some levee repair and site restoration. Major items of work include: Removal of Super Sacks and Hesco Barriers, located near City Maintenance Facility (approximately 300 LF of Hesco Barrier) and surround the Central Business District (CBD) Removal of Concrete Barrier on West Valley Highway Rechannelization along West Valley Highway and removal of signs placed during the initial 2009 installation Re- paving of the paved portions of the existing trail General restoration as required to restore approximate existing conditions Levee repair and cleanup, at the direction of the Corps of Engineers I. DETAILED TASK DESCRIPTION CONSULTANT (KBA) A. Project Management 1. Day -to -day project management: liaison and coordinate with City on a regular basis to discuss Project issues and status. Decide on best modes and frequency of communication with the City and Subconsultants, and use them. 2. Manage Team, comprised of Consultant's staff and Subconsultants. Organize and layout work for Team. 3. Review monthly expenditures and Team scope activities. Prepare and submit to City, invoices and progress report describing services performed. Prepare and submit reporting required by funding source(s), if any. Deliverables Monthly invoices and progress reports B. Design Phase Services 1. Participate in a field review with the Subconsultant and the City to determine the current condition of the site and levee system, and assist in defining the scope and magnitude of the levee restoration, including the type of temporary structures to be removed, underlying levee surfacing, and general restoration needs. 8:\ ProjedslDaniroclslD 4ent,Tukwila1BP1 1046-TukvnWL.ve CA anuplDra11s8NegoBali.nR —rdsVn houseDraflslExhAScope- KBA (FINAL)- 20110608 .doa 1 of 11 149 KBA, Inc. June 8, 2011 2. Advise the Subconsultant on challenging constructability issues, to aid in their development of Bid Documents. 3. Assist the City and the Subconsultant in the application and coordination with any necessary permitting agencies and governing bodies. This is intended to include review of correspondence to the US Army Corps of Engineers, King County Flood Control District, WSDOT, and Union Pacific Railroad. 4. Prepare property use agreements for approval by the City. Meet with affected property owners to work toward gaining access to allow the removal of the protective measures. 5. Constructability Reviews. Participate in constructability reviews of Subconsultant's documents and design at the following milestones: a. 30% Stage Review. Review the 30% Plans and Preliminary Engineer's Estimate. i. Review at this stage will be for areas of cost saving opportunities, constructability, operability, and general clarity. ii. One review cycle. Meet with City and /or Designer (Subconsultant) staff to present and discuss comments. Submit letter report or meeting notes detailing limits of the review, in the time and budget available, and highlighting key areas of concern. b. 90% Stage Review. i. Review the 90% Plans, Contract Provisions, and Engineer's Estimate for such things as: (a) Areas of cost saving opportunities (b) Constructability and operability (c) General clarity (d) Consistency among standard specifications, amendments, and special provisions /bid items (e) Completeness and adequacy of bidding and contracting documents /forms (f) Special Provisions for non standard items (g) Pay items for construction elements ii. One review cycle. Meet with City and /or Designer (Subconsultant) staff to present and discuss comments. Prepare and submit Constructability Review Comments spreadsheet, along with red -line markup of the documents. Deliverables Property use agreements 30% stage letter report 90% stage Constructability Review Comments spreadsheet, and red -line markups C. Bid Phase Services 1. Assist Subconsultant with answering questions during the bidding period. Bidder Review. Based on the bid tabulation prepared by the Subconsultant, review the bid results on the project for irregularities. Review low bidder for responsibility and responsiveness. Deliverables Bid and Bidder evaluations and checklists D. Preconstruction Services 1. Prepare a Construction Management Plan (CM Plan) for the project. The CM Plan will be developed based on the Consultant's boilerplate document and modified to adapt to and include City practices and funding agency requirements, including forms to be used on the project. Submit to City for review and comment and finalize based on those comments. The CM Plan will cover at least the following: Si IPro je GSlConlractslCEen1\Tuk \BP1 f-0 46-TukwilaLeveeCleanu plDrafMNegoliationRewrdslln.h.sS O ftslExhA -Swpe- KBA FINAL)- 20110608.d.c 2 of 11 150 KBA, Inc. June 8, 2011 a. Communication and coordination between the CM Team, Designer (Subconsultant), City and other stakeholders b. Project procedures and forms c. Document control system 2. Organize and lead preconstruction conference. a. Prepare and distribute notices b. Prepare agenda c. Conduct the meeting d. Prepare and distribute meeting notes to attendees and affected agencies 3. Provide one set of preconstruction photographs and video. Deliverables Construction Management Plan, draft and final Preconstruction Conference Notice, Agenda, and Notes Preconstruction photos, digital files on CD /DVD or video file on DVD E. Construction Services Contract Administration 1. Liaison with the City, Construction Contractor, Designer (Subconsultant), appropriate agencies, property owners, and utilities. 2. Provide the City with brief monthly construction progress reports, highlighting progress and advising of issues which are likely to impact cost, schedule, or quality /scope. 3. Schedule Review. a. Review Construction Contractor's schedules for compliance with Contract Documents. b. Monitor the Construction Contractor's conformance to schedule and require revised schedules when needed. Advise City of schedule changes. 4. Progress Meetings. Lead regular (usually weekly) progress meetings with the Construction Contractor, including City pre- briefing, and preparing weekly meeting agenda and meeting notes, and distributing copies to attendees. Track outstanding issues on a weekly basis. 5. Update CM Plan as needed to reflect changes in policy and /or procedure that occur during the Project, and orient CM Team to the changes. 6. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the Construction Contractor, for general conformance to the Contract Documents. 7. Manage RFI (Request for Information) process. Track and review /evaluate, or cause to be reviewed evaluated by other appropriate party, RFIs. Manage responses to RFIs. 8. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 9. Monthly Pay Requests. Prepare monthly requests for payment and /or review payment requests submitted by the Construction Contractor. Review with City and Construction Contractor, and recommend approval, as appropriate. 10. Evaluate Construction Contractor's Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 11. Assist the City in the investigation of malfunctions or failures during construction. 12. Public Information. Provide information for City to prepare media communications and public notices on Project status. Provide information for City's inclusion into a Project website and /or newsletters, if requested. S lProje MC.1., slC4WTuk.bTPI 1 -046 -Tuk VI.L.ve Clea nu pl Dra llsB Nego 6ali. nRe., dslln- hou seD.f tsIE KhA- Smpe.KBA {FINAL).20110608 d.M 3 of 11 151 KBA, Inc. June 8, 2011 13. Record Drawings. Review not less than monthly, the Construction Contractor's redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies, and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor prepared Record Drawings. 14. Document Control. Establish and maintain document filing and tracking systems, following City guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. 15. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and Final Completion. Prepare final pay estimate. 16. Final Records. Compile and convey final project records, transferring to the City for archiving at final acceptance of the Project. Records will consist of hard copy originals. Deliverables Monthly Construction Progress Reports Schedule review comments Meeting agendas and notes Submittal log RFllog Change Order(s) Progress pay requests Certificates of Completion and punch list(s) Final records hard copy F. Construction Services Field 1. Observe the technical conduct of the construction, including providing day -to -day contact with the Construction Contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1 -05.1 and 1 -05.2 of the Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify Construction Contractor of noncompliance. Advise the City of any non conforming work observed during site visits. 3. Prepare daily construction reports, recording the Construction Contractors' operations as actually observed by the Consultant; includes quantities of work placed that day, Contractor's equipment and crews, and other pertinent information. 4. Interpret Contract Documents, in coordination with Designer (Subconsultant). 5. Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Construction Contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help assure the Project is administered in accordance with City requirements. 9. Attend and actively participate in regular on -site meetings. 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized as detailed in the CM Plan. S 1ProjeGSlCwtmclslCFentlTukwdaISP 11 -046- TukwilaLe.e Clea nu plDr oftsd Nego t ialranRecordsllmhouseDraASIExhA. Scope- KBA.(FINAL)- 20110608.docx 4 of 11 152 KBA, Inc. June 8, 2011 11. Punch List. Upon substantial completion of work and coordinate with the City and affected agencies to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. 12. Testing. Conduct or cause to be conducted, materials and laboratory tests. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and inform City and Construction Contractor of deficiencies. Deliverables Daily Construction Reports with project photos submitted on a weekly basis Punch List, Certificate of Substantial Completion Test reports II. DETAILED TASK DESCRIPTION SUBCONSULTANT (KPG) A. Base Mapping 1. Prepare base maps for the length of the project, approximately 8,800 linear feet, in addition to approximately 300 LF of Hesco Barrier installed near the City maintenance facility. Base maps will be based on available City aerial data with the supplemental information listed in items 2 -4 below incorporated. 2. Raw GPS survey data points obtained prior to the installation of temporary measures in 2009 will be processed and overlaid on aerial mapping to provide an approximate baseline for reference and payment purposes along the levees. 3. Perform field reviews with the Consultant and City to identify the type of temporary structures to be removed, underlying levee surfacing, and general restoration needs for incorporation into the base map. 4. Prepare survey of existing channelization and pavement edge of West Valley Highway within the limits of the area requiring WSDOT channelization plan approval. Deliverables Base maps will be included as part of the final bid documents Field notes and photographs will be made available to the City KBA as requested B. Community Outreach 1. Assist the City with public outreach to affected stakeholders, as directed by the City. This work may include preparation of sign layout, communication with stakeholders, and other tasks as assigned. 2. License to Construct (LTC) authorizations from adjacent property owners will be obtained by Consultant. In support of Consultant's efforts to obtain License to Construct (LTC) authorizations from adjacent property owners, attend one -on -one meetings as requested with affected property owners along the corridor to discuss the project, private property restoration, access issues or other concerns. (Estimate 6 meetings.) Deliverables Open house meeting graphics. Notes from any one -on -one meetings C. Permitting and Agency Coordination Provide coordination for permits and /or approvals from the following agencies: SlProjeds\ Contacts\ Client\ TukvMa1BP11 -046 -TukwilaLeve Cleanup\ Drafts& NegotlationRecordslln- houseDraBs\ExhA. Scope KBA {FINAL) 20110608docx 5 of 11 153 KBA, Inc. June 8, 2011 1. Citv of Tukwila. Prepare a SEPA checklist documenting the scope of temporary measure removal within the project limits. 2. Washinaton State Department of Transoortation WSDOT). Coordinate with WSDOT for channelization plan approval along West Valley Highway and identify future ownership of WSDOT provided barrier. This work is anticipated to include: Prepare preliminary channelization plan and attend one coordination meeting with WSDOT to review the preliminary plan and identify specific traffic control concerns that need to be included. Update Channelization Plans to incorporate WSDOT comments and concerns and provide specification language to address traffic control needs. Coordination to identify future ownership WSDOT point of delivery or disposal by Contractor) of WSDOT- provided zipper barrier that was installed with the temporary levee measures in 2009. 3. US Armv Corps of Enaineers USACE) Kinq, Countv Flood District. The 2009 temporary levee protection measures were installed in coordination with the USACE and King County Flood District. The City continues to coordinate with the both agencies on their removal. It is anticipated that no formal permit or environmental documentation will be required by either agency, but that the following coordination will be required prior to construction: Review and comment on notification letters prepared by the City to both agencies. Attend up to three (3) coordination meetings during project design with the USACE and /or King County Flood District to identify elements for inclusion in project plans and specifications. Coordination to identify future ownership (point of delivery or disposal by Contractor) of USACE provided super sacks that were installed with the temporary levee measures in 2009. 4. Washinaton Department of Fish and Wildlife (WDFW). Provide coordination with WDFW to obtain a Hydraulic Project Approval (HPA) as follows: Attend one meeting with WDFW to review the project scope and identify any necessary mitigation needs that will need to be incorporated into the project design. Prepare a Joint Aquatic Resources Permit Application (JARPA) and submit to WDFW for approval. Provide necessary coordination to obtain the HPA. 5. Washinaton Department of Ecoloqv (WDOE). Prepare a Notice of Intent (NOI) to WDOE in accordance with National Pollution Discharge Elimination System (NPDES) Construction Stormwater General Permit. Prepare Project Specifications requiring the Contractor to transfer and implement the permit requirements. 6. Union Pacific Railroad (UPRR). Prepare a permit application for work in vicinity of UPRR facilities and incorporate permit requirements into the Project Specifications. Deliverables File copies of all permit applications File copies of any meeting notes or correspondence with agencies D. Prepare Plans, Specifications, and Estimates 1. Review available 2009 construction record drawings and permit approvals and perform a detailed site walk with members of the original Consultant construction team and City staff. S: WrojedslContactslClienllTukwBa18Pt I N&TukwilaLe eeCleanu010rafMNegotiationRecordsktn- IwuseDraftslExhA -Snipe KBA- (FINAL).20110608.docx 6 of 11 154 KBA, Inc. June 8, 2011 The purpose of the site walk is to identify existing conditions and site restoration needs, including but not limited to the following: Asphalt pavement damage and repair limits Concrete pavement damage and repair limits Areas of root intrusion for removal and barrier installation Access limitations and staging Potential waste sites Private property concerns Areas requiring additional survey or investigations 2. Prepare Draft 30% Plans on aerial base maps that incorporate the results of the site walk and preliminary feedback from the resource agencies identified in Task II.C. The 30% Plans will include plan view depictions of all anticipated project elements for removal and restoration. Plans will be distributed to the City and Consultant for review and comment. 3. Incorporate City Consultant comments on the 30% Plans. The updated 30% Plans will be used as the basis of final design, permit and agency coordination, and for use by the City Consultant in obtaining LTC authorizations. 4. Prepare 90% Plans (estimate 35 sheets) for review and approval by the Consultant and the City. Plans shall be based on the 'centerline' established in Task ILA as a means of reference, but not as a surveyed centerline. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Plan information will include: Cover Sheet Overall site plans showing: (200+ scale) Access and Staging criteria Limits of construction Permit/ coordination items Aerial Plan Sheets showing: (40 scale) Limits of Super Sack Removal Limits of Hesco Unit Removal Limits of Traffic Barrier Removal Temporary Erosion and Sediment Control Measures Paving limits of existing trail Restoration notes Channelization plans and details Erosion Control notes and details Restoration typical sections and details 5. Prepare 30% (outline of pay items only) and 90% specifications for review and approval by Consultant and the City. Specifications shall be based on 2010 WSDOT APWA standard specifications, as amended, using contract boilerplate and general special provisions provided by the City. 6. Calculate quantities and prepare a construction cost estimate in support of the 30% and 90% plans and specifications. 7. Incorporate City and Consultant comments on the 90% Plans, Specifications, and Estimate and finalize for bid advertisement on bxwa.com. Deliverables e 5 copies 11x17 Draft 30% Plans (to City, Consultant) 5 copies 30% Estimate and pay item outline (to City, Consultant) 10 copies 11x17 Final 30% Plans (to City, Consultant, Task 4 agencies) 10 copies 11x17 90% Plans (to City, Consultant, Task 4 agencies) S:1 ProjeclslConaactslCGenATukwda' BPII0 46- TukMiaLeveeCl eanupf Draf LsANegolialionRewrdsUn- houseDrahslExhA Swpe- K8A {FINAL)- 20110608.docx 7 of 11 155 KBA, Inc. June 8, 2011 10 copies 90% Specifications (to City, Consultant, Task 4 agencies) 20 copies 11x17 Final Plans for Bid and Construction 20 copies 11x17 Final Specifications for Bid an Construction Engineer's Estimate at 30 90 and Bid Document Upload of Bid Documents to BXWA.com Digital file copy of final Bid Documents in .pdf format E. Bid and Construction Services 1. Assist Consultant and the City during the bid period by responding to bidder inquiries, attendance at a pre -bid meeting (if required), preparation of addenda, and preparation of the certified bid tabulation. 2. Provide pre- construction support to Consultant and the City, including general coordination and attendance at the preconstruction meeting. 3. Provide on -call engineering and /or survey support to Consultant and the City during construction. These services may include: Response to RFIs Submittal Reviews Field reviews for verification of restoration needs following removals Plan preparation for field changes Attendance at weekly construction meetings as requested Survey verification or other services as requested Deliverables Preparation and upload of addenda Certified Bid Tabulation Construction documentation as required 111. ASSUMPTIONS A. Budget 1. Weekly construction progress meetings will not last more than one hour each. 2. Staffing levels are anticipated in accordance with the attached budget estimate. A certain amount of overtime has been figured into the budget to use, if needed, during peak construction activities. Supplemental assistance may be needed depending upon Construction Contractor's activities (number of crews and shifts). 3. The majority of the work is anticipated to be performed during daytime hours. Some of the operation along West Valley Highway may be performed at night. A 15 percent premium for labor will be applied to all hours that Consultant employees work between 7 pm and 7 am. 4. The level of effort in accomplishing the scope items is limited to the pre- approved budget. Consultant will not exceed the approved budget without prior approval by the City. Consultant services are budgeted based on a 60- working day construction contract, plus time allotted for project setup and closeout, all completed in 2011. Should further services be required, or should the construction contract run longer than this time period, the City and Consultant will negotiate a supplement to this Agreement. 5. The Consultant can utilize existing field office space for the Southcenter Parkway Extension, assuming that the physical work occurs during the summer of 2011 at no additional cost to the City. Should the work be delayed beyond the schedule of the Southcenter Parkway Extension Project, The City may provide field office space, or the Consultant can provide a construction office. Should the Consultant provide a separate field office (other than the Southcenter Parkway Extension field office), it will be considered Additional Services. S: IPro jects \COnVadslCkentlTukwRa1BP11146 TukwilaLeveeCleanup\ Drafts& NegobationRecmdskinhouseDraftslExhA .Scope -HBA- (FINAL)- 20110608.docx 8 of 11 156 KBA, Inc. June 8, 2011 6. The budget allocations shown on Exhibit B are itemized to aid in project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior written authorization. 7. The budget assumes that Consultant's standard forms, logs, and processes will be used. The file structure and Inspector's Daily Reports will copy the current format being used on the Southcenter Parkway Extension Project. Any customization to meet specialized City requirements will be Additional Services. B. Items and Services City will provide: 1. Meeting arrangements and facilities for pre -bid and preconstruction meetings. 2. Aerial photography. 3. Any available plans and permits from the original 2009 installation. 4. SEPA processing, postings,. and determination. 5. Subconsultant will serve as authorized agent to the City on permit applications; however, all permits will be signed by the City of Tukwila. 6. Review and written comments on all design submittals. C. Scope 1. Neither specialized engineering studies (structural, geotechnical, traffic), nor reconstruction of the permanent levees or work requiring specialty geotechnical or structural review and analysis are anticipated or included in this scope of services. 2. Environmental documentation or permits beyond what is described are not anticipated or included in this scope of services. 3. No pre -bid meeting is anticipated as part of this project. 4. Constructability Review of design documents will be for constructability, for general conformance with the design concept, and for contradictions and inconsistencies between the various parts of the design documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, gauges, or fabrication processes; and will not include quantity takeoffs. 5. Consultant will provide observation services for the days /hours that their Inspector(s) personnel is /are on -site. The Inspector(s) will not be able to observe or report construction activities or collect documentation during the time they are not on -site. 6. The Consultant's monitoring of the Construction Contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non conforming work, and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the Construction Contractor's performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City's expectations. 7. Definitions and Roles. The use of the term "inspect" in relation to Consultant's services is synonymous with "construction observation, and reference to the "Inspector' role is synonymous with "Field Representative" and means: performing on -site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the City if Work does not conform to the Contract Documents or requires special inspection or testing. SlRrojectslDonlraclslClienllTukwla1BP11 -046- Tukwii.Le. a CleanuptD.11,&Negotiat.o RemrdsVnhouseDra11s1ExhA -Smpe -KBA {FINAL) 20110608 d= 9 of 11 157 KBA, Inc. June 8, 2011 8. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials, in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the City immediately for resolution. 9. Review of Shop Drawings and other Construction Contractor submittals is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions and inconsistencies, nor is it intended to relieve the Construction Contractor of their full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and /or omissions between the submittals and the Contract requirements. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, or gauges, fabrication processes, construction means or methods, or coordination of the work with other trades, all of which are the sole responsibility of the Construction Contractor. Review of a specific item will not indicate that the Consultant has reviewed the entire assembly of which the item is a component. 10. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. 11. Development of construction schedules and /or sequencing, and /or reviewing and commenting on Contractors' schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. It is not a guarantee that a Construction Contractor will complete the project in that sequence or timeline, as means and methods are the responsibility of the Construction Contractor. 12. Consultant is not responsible for any costs, claims, or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. IV. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Additional Services requested by the City, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. Potential Optional Services include: A. Permit acquisition B. Environmental documentation C. Additional surveying D. Geotechnical review E. Structural review F. Public Involvement support 1. Additional public outreach 2. Coordinate media releases and traffic advisory updates 3. Develop and maintain Project website, updating project progress monthly S: IProjectslCanlractslCfentlTukwila1BP11-0 46- Tukwil aleveeCl eamiplDraW Negot ialionRecordslln- houseDrafislExhA -Scope KBA {FINAL).2011 10 of 11 158 KBA, Inc. June 8, 2011 4. Provide periodic notification newsletters to affected property owners on upcoming work, and include contact numbers G. Provide administrative and support services during construction which are not included in the above scope of services, which may include: 1. Investigations, meetings, and negotiations with the Construction Contractor involving claims and legal complaints, or a significant amount of defective or rejected work. A "significant amount" would be an item that might represent more than 2.5 percent of the total contract bid amount. 2. Additional work resulting from delinquency or insolvency of the Construction Contractor; or as a result of damage to the construction Project caused by fire, flood, earthquake or other acts of God, all exclusive of additional work resulting from litigation. 3. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work required to resolve disputes or goals involving minorities. Additional work resulting from significant delays or acceleration of the work by the Construction Contractor. 4. Assistance to legal, financial, or other consultants engaged by the City beyond the services previously described. 5. Additional services resulting from changes in scope or design of the Project due to circumstances beyond the Consultant's control. Changes include, but are not limited to: changes in size, complexity, the schedule, character of construction, or method of financing. H. Prepare additional copies of approved drawings, specifications, and other contract documents, either for bidding purposes, or as requested by the City. I. Drafting of Procedures, or Operations and Maintenance Manual(s). S1 ProjeUSlContractstC5en11Tukwila1 BP11-046- TukwilaLev eeCleanupl DraflsB NegolialionR— rdslln- h..DraflslExhA- Scope- KBAiFINAL).20110KS.d— 11 of 11 159 160 EXHIBIT B CONSULTANT FEE DETERMINATION SUMMARY SHEET (Cost Plus Multiplier) Project: Tukwila Levee Repair and Maintenance Project KBA RATES (Loaded) 2011 Classification Hours DSC Rates Est. Cost Totals Principal 138 x $192.00 26,496 Contract Specialist 60 x $102.00 6,120 Resident Engineer 180 x $115.00 20,700 Office Engineer Document Controls 124 x $80.00 9,920 Inspector 480 x $90.00 43,200 Project Support 8 x $99.00 792 Permit Specialist 48 x $135.00 6,480 TOTAL KBA LABOR 1,038 113,708 KBA REIMBURSABLES Vehicles 2,100 Mileage 150 Misc: Supplies, Postage, Courier 392 2,642 SUBCONSULTANT COSTS KPG Project Manager 123 $187.92 23,114 Project Engineer 312 $155.30 48,454 Engineer 308 $112.93 34,782 Technician 396 $91.76 36,337 Survey Crew 24 $139.94 3,359 Admin 115 $67.78 7,795 KPG Subtotal Labor 1,278 153,840 KPG Reimbursables 4,160 KPG TOTAL 158,000 Materials Testing (TBD) 15,000 Subconsultant Mark -up (5 8,650 TOTAL SUBCONSULTANT 181,650 MANAGEMENT RESERVE (0 GRAND TOTAL 298,000 The budget presented uses 2011 rates and assumes design /bid /construction will occur in 2011. Rates will adjust anually on January 1st should work continue beyond 2011, which may affect the stated budget. PREPARED BY: Mike Roberts 6/8/11 S:\ Projects \Contracts \Client \Tukwila \BP11 046- TukwilaLeveeCleanup\ DraftsB NegotiationRecords\ In- houseDrafts \Ex- B- 20110608.xlsx Page 1 of 1 161 City of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes June 28, 2011 5: 00 p.m. Conference Room #1 PRESENT Allan Ekberg, Acting Chair (sitting is for De'Sean Quinn); Dennis Robertson and Kathy Hougardy Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Ryan Larson, Greg Villanueva and Kimberly Matej CALL TO ORDER: Acting Committee Chair Ekberg called the meeting to order at 5:03 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. 2010/2011 Small Drainage Program Bid Award Staff is seeking Council approval to award a bid in the amount of $788,005.50 to Green River Construction for the 2010/2011 Small Drainage Program. This annual program constructs drainage projects throughout the City that are too large for completion by City staff but smaller than the average capital improvement project. This year the Small Drainage Program will construct nine drainage improvements at nine locations (specific locations outlined in memo included in Committee agenda packet). Each year, projects considered for this program are reprioritized based on such things as need, expense, time on the list, etc. Highest priority projects are designed and constructed within annual budget limitations. The City has worked successfully with Green River Construction on past projects including the 2009 Program. Although this is an annual program, projects from 2010 will be constructed due to previous permitting delays. Funding for this project is drawn from two budget line items, the Small Drainage Program and the Private Storm System Adoption Rehabilitation. On a side note, the Committee had a discussion regarding Council approval on project bid amounts, contingency and change orders above signing thresholds. Kimberly Matej will follow up with the City Attorney on the Committee's inquiries. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. B. Howard Hanson Dam Flood Resoonse: Levee Repairs Maintenance Consultant Recommendation and Ap-reement Staff is seeking Council approval to enter into a consultant agreement with KBA, Inc. in the amount of $298,000 for design and construction management services related to removing temporary flood measures and restoring and repairing affected areas by use of said measures. It is anticipated that this fall the Corps of Engineers will announce that the Howard Hanson Dam is fully functional and all temporary measures implemented to protect potential flood areas can be removed after the 2012 flood season. In order to be ready to remove the protection measures (i.e.: Supersacks and Hesco barriers) and repair the affected land, staff recommends beginning the design process now. KBA, Inc. was chosen from three firms on the Consultant Roster. They have provided satisfactory work for the City in the past including placement of above measures and current work on the Southcenter Parkway Extension Project. Funding for this project is provided in the CIP under Tukwila Levee Repairs and Maintenance. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. 162 Co uNcm A GENDA S YNOPSIS Initials ITEMNO. fs I �a Meetigq Date I Prepared by I M uie7a Counc7 rer ien J E f 07/11/11 I MG 07/18/11 I MG l `l" ITEM INFORMATION CAS NUMBILR: 11-072 1 STAFF SPONSOR: MARTIN F. GRISHAM I OItIGINiV.. AGI :�NDA DA'rF,: 07/11/11 A(;I,NDA TITI_F. Emergency Management Ordinance update. CATI!",GORY Discussion Motion Resolution Ordinance Bid_ -Ixard Public Hearing Other Mfg Date 07/11/11 Mtg Date Mt g Date Mtg Date 07118111 Mtg Date Nltg Date Mtg Date SPONSOR Council Mayor HR DCD Finance .Fire IT P&R Police PV SIIONSOIt'S Ordinance No. 2198 was adopted in 2008. An update is necessary to improve definitions, SLIMNIAIZY to add duties of the Mayor including the authority to appoint the Director, and to change the title of "Emergency Management Coordinator" to "Emergency Manager." Clarification was also provided regarding the duties of the Director of Emergency Management. R j A'IIi,WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/11/11 COIVHVIITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Approve Updated Ordinance COMMrrrLE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI NDITUItE Ri_ QUIl2I;D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: Com»zents: I MTG.DATEI RECORD OF COUNCIL ACTION 7/11/11 MTG. DATE I ATTACHMENTS 7111/11 Informational Memorandum dated 6/8/11 Draft Ordinance Ordinance No. 2198 FEMA Glossary Minutes from the Finance and Safety Committee Meeting of 7/6/11 7/18/11 163 164 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Martin F. Grisham, Emergency Manager DATE: June 8, 2011 SUBJECT: Emergency Management Ordinance Update ISSUE Tukwila Municipal Code Chapter 2.57, "Emergency Management" was last updated by Ordinance No. 2198 on February 19, 2008. Main issues being addressed with this update are; definitions, duties and language. Our recommended changes bring our ordinance more in line with state law as found in RCW 38.52.010, and with Federal Definitions, as found in the FEMA glossary attached. DISCUSSION Section 2.57.060 of the current Emergency Management ordinance assigns the Director of Emergency Management to "oversee implementation of annual updates of the City's Comprehensive Emergency Management Plan (CEMP), consistent with the requirements specified in Chapter 38.52 RCW..." In reviewing the current "Emergency Management Ordinance, which drives the CEMP, we found discrepancies between the two documents. The following list highlights the changes we made; Updated the "Purpose" (2.57.010) to reflect this change Changes in the definition section (2.57.020) were done to bring them in harmony with federal definitions. We gave clarifying wording to the Directors position, taking out words like control and direct, and replaced with words like oversee and coordinate. 2.57.030 "Emergency Powers of the Mayor This section was added to give clarity to the Mayors duties during an emergency. NOTE... this addition moved all section numbers down one... 2.57.040: Minor change to City Council Duties o Changed "give advice and consent" to "give input and consent o Eliminated #5 regarding mutual aid agreements, as it is covered in item #2 Changed throughout the document, the title of "Emergency Management Coordinator to Emergency Manager. 2.57.060 changed the structure to bullet formant. 2.57.070 Directors Powers and duties o A) We rewrote this section to allow flexibility in who serves in this position. This confirms the power of the Mayor to appoint, as it states in RCW 38.52.070(1). o Replaced words like "control" and "direct" to oversee and coordinate. 165 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to consider this item at the July 11, 2011 Committee of the Whole meeting and subsequent July 18, 2011 Regular Meeting. ATTACHMENTS Proposed Ordinance Ordinance No. 2198 -FEMA Glossary WA2011 Info MemoslEmergencyMgmtOrdinfomemo20update .docx 166 DRAF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2198 AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.57, REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.57 "EMERGENCY MANAGEMENT," TO UPDATE DEFINITIONS AND REGULATIONS AND CLARIFY ROLES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila recognizes the importance of providing for the preparation, implementation and updating of emergency management plans to protect the health, safety and welfare of persons and property within the City in the event of an emergency; and WHEREAS, Tukwila Municipal Code (TMC) Section 2.57.070.6.1 calls for a review and update of the City's Comprehensive Emergency Management Plan for needed improvements or revisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.57 Reenacted. TMC Chapter 2.57 is hereby reenacted to read as follows: CHAPTER 2.57 EMERGENCY MANAGEMENT Sections: 2.57.010 Purpose 2.57.020 Definitions 2.57.030 Emergencv Powers of the Mavor 2.57.040 City Council Duties 2.57.050 Emergency Management Council Greg Membership 2.57.060 Emergency Management Council's Powers and Duties 2.57.070 Director's Powers and Duties 2.57.080 Emergency M aRagerne a Manager W: Word Processing \OrdinancesTmergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 1 of 11 167 2.57.090 Emergency Management Organization 2.57.100 Departments, Divisions, Services, and Staff 2.57.110 Mutual Aid Agreements 2.57.120 Punishment of Violations 2.57.130 No Private Liability 2.57.010 Purpose. T ho ilorlr+rn -1 r,rnncnc of th J, he J, funGtiens ef the City with all ether pub!;G n 3 n management and micas +or a -fi i,ti, 3s a ni) mnnL nr pfa4c- e)(eTGr &eJ, J. Recoqnizinq the existinq and future possibilitv of emerqencies in the Citv and surroundinq regions, the declared purposes of this chapter are: 1. to insure that preparations of the City will be adequate to deal with emergencies; 2. to protect the public peace, health and safetv and to preserve the lives and propertv of the people of the Citv; 3. to provide for emerqencv manaqement of the Citv; 4. to confer upon the Mavor and others emerqencv powers and authority; and 5. to declare that all emerqencv manaqement functions of the Citv be coordinated to the maximum extent with other qovernmental entities, tribal nations, and private entities to provide the most effective Preparation and use of Citv staff, resources and facilities to deal with anv emerqencv situation that may occur. 2.57.020 Definitions. As used in this chapter, these terms shall be defined as follows: 1. Emeraencv" Anv incident, whether natural or man -made, that requires responsive action to protect life and property. An emerqencv can also mean anv occasion or instance for which assistance is needed to supplement our local efforts and capabilities to save lives and to protect property and public health and safetv, or to lessen or avert the threat of a catastrophe in anv part of the Citv. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 2 of 11 168 2. "Emergency Management' means the preparation fer and the Garpyiri_g h ct+ _�fn milit�ni fr.rno N�e warily d asters it inn !t no 9C t„ a labeF GeRtro The preparation for and the carrvina out of all emerqencv, functions to mitigate, prepare for, respond to, and recover from emergencies, and to aid victims sufferinq from iniury or damaqe resulting from emergencies caused by all hazards. whether natural. technological or human caused. and to provide support for search and rescue operations for persons and property in distress. 2. •e .s, ar similar n,,hlir Galam* 3. Emergency Worker" Anv person reqistered with the Citv's Emerqencv Manaqement Orqanization under the provision of TMC Section, 2.57.090, or anv member of the militarv. and who holds an identification issued by said orqanizations. for the purpose of enqaqinq in authorized emergency manaqement activities. or anv emplovee of the Citv or anv subdivision of the Citv who is called upon to perform emerqencv manaqement activities. 4. "Hazardous Materials" Materials which because of their chemical. phvsical, or bioloqical nature. pose a potential risk to life. health, environment. or property when released. 5. "Incident Command Svstem" (ICS) A standardized on -scene emerqencv manaqement construct specifically desiqned to provide an inteqrated orqanizational structure that reflects the complexity and demands of sinqle or multiple incidents. without beinq hindered by iurisdictional boundaries. ICS is the combination `of facilities. equipment, personnel, procedures, and communications operatinq within a common orqanizational structure. desiqned to aid in the manaqement of resources durinq incidents. It is used for all kinds of emerqencies and is applicable to small as well .as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private. to orqanize field -level incident management operations. 6. "Mitigation" n risk aRalysic i revie and irlontifiGatinn o I Beth natural and man made development of strrateg t o minimize these ha ±rd f ,qd development of reso,,rn thre, gh nonventional method Activities providing a critical foundation in the effort to reduce the loss of life and property from natural and /or manmade emerqencies by avoidinq or lesseninq the impact of an emerqencv and providinq value to the public by creatinq safer communities. Mitiqation seeks to fix the cvcle of damage as a result of an emerqencv, reconstruction. and repeated damage. These activities or actions. in most cases. will have a lonq -term, sustained effect. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 3 of 11 169 Z Rr en" mean t�e anninn toctinry �_I Te icing n of operatiGRal vv nr1 nnliniec tgGon�rn f_?_a.,�c .t�oT.�n�_nr..� v.dth Count St ate and Federal ag n n cc t o4n-s O nhocivo werhinn rolotinnchinc and nnmpatihle emeFgenn,i plan 7. "Preparedness" A continuous cycle of olannina. oroanizina.. traininq, equipping, exercising, evaluating, and takinq corrective action in an effort to ensure effective coordination during incident response. Within the National Incident Manaqement Svstem. preparedness focuses on the followinq elements: planning, procedures and protocols, traininq and exercises. personnel qualification and certification. and equipment certification. 6 r p„ ,i i r rat e Ems G cft an o,iont tel: nr p ri� i t'Z i rg 'ef aGtiriil.s `v'i e ��itY txtSj�i �f a' c 7 n rc'r �.'c IGGUmen'tatie rr— v —Gest f a—fe F futwe FeGeyery of EBB ±E:, t"rtC� TaG ivrr cf i:rw� ±e eFal St a te nnrl Innal assictanno afte disasters terc []l C7GOI q�. JT.'JL CaIICI.a u1�i TJQ.�}. iGTS 8. "Recovery" The development, coordination. and execution of service- and site restoration plans: the reconstitution of government operations and services. individual, private- sector, nonqovernmental. and public assistance proqrams to provide housinq and to promote restoration: lonq -term care and treatment of affected persons: additional measures for social. political. environmental. and economic restoration: evaluation of the incident to identify lessons learned: post- incident reporting: and development of initiatives to mitigate the effects of future incidents. 5 ".�pe i nG!u d the in ef r �e po tentia l steFG, initiation of aGtinns ne c"ie:r:r. n R_ eva GGerd _o eperatigRS tf :4Rd planning aGtiViti d.11GAq rli ter and r�lnn„mentatinn of aGtinnc talon r a disastgF J 9. "Response" Activities that address the short -term. direct effects of an incident. Response includes immediate actions to save lives. protect property, and meet basic human needs. Response also includes the execution of emergencv operations plans and of mitiqation activities desiqned to limit the loss of life, personal iniurv, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applvinq intelligence and other information to lessen the effects or consequences of an incident: increased security operations: continuing investiqations into nature and source of the threat: onqoinq public health and agricultural surveillance and testinq processes; immunizations, isolation, or quarantine. and specific law enforcement operations aimed at preempting, interdicting, or disruptinq illeqal activity and apprehendinq actual perpetrators and bringing them to iustice. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 4 of 11 170 2.57.030 Emerqencv Powers of the Mayor. In the event of a proclamation of emergency as herein provided, or upon a proclamation of state of emergency by the Governor, the Mayor is hereby empowered to: 1. Proclaim a State of Emerqencv for the City when necessary. 2. Make, and issue rules and requlations on all matters reasonably related to the protection of life or property as affected by such emergencv: Provided. however, that such rules and requlations must be confirmed at the earliest practicable time by the City Council. 3. Request that the County Executive or other chief executive or leqislative officer of the county request a, proclamation of a state of emergencv when, in the opinion of the Mayor, the resources of the area or reqion are inadequate to cope with the emerqencv. 4. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property of the people and to bind the City of Tukwila for the fair value thereof, and, if required immediately, to commandeer the same for public use. 5. Waive and dispense with public biddinq requirements of RCW 35.23.352 on an emergencv basis as necessary. 6. Control and direct the efforts of the emergencv management orqanization of the City of Tukwila for the accomplishment of the purposes of this chapter. 7. Requisition necessary personnel or material of any City department or agency. 8. Execute all the special powers conferred upon the Mayor by this chapter, by anv other statute. aqreement, or lawful authority, as necessary. 9. Establish continuity of government and ensure proper succession of authority (TMC Section 2.04.070 (B). 2.57.040 City Council Duties. It shall be the duty of the City Council consistent with the provisions set forth in TMC Section 2.57.060, to: 1. Give adze -input and consent to the Mayor regarding appointments made pursuant to TMC Section 2.57.040 050. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 5 of 11 171 2. Consider adoption of or ratify emergency management mutual aid plans and agreements, and such ordinances, resolutions, rules and regulations as a-re necessary to implement such plans and agreements as are referred to them by the Emergency Management Council, pursuant to TMC 2.57.0-50 060, provided the same or parts thereof are not inconsistent with this chapter. 3. Approve or ratify_, at the earliest p aetiGable— possible time after their issuance, rules and regulations reasonably related to the protection of life, environment and property that are affected by ,a- 4slcte -r an emeraencv, such rules and regulations having been made and issued by the Emergency Management Director pursuant to TMC Section 2.57.060 070, provided the same or parts thereof are not inconsistent with this chapter. 4. Distribute, pursuant to resolution, the functions and duties of the City's Emergency Management Organization among the departments. divisions, services and special staff referred to in TMC Section 2.57.00-0 100. r- z. 2.57 --00. 2.57.050 Emergency Management Council Created Membership. The Emergency Management Council is hereby Grea d and shall consist of the following: 1. The Mayor, who shall be chairperson. 2. The Director of Emergency Management, who shall be vice chairperson. 3. All department heads ef the Gity of Tukwila, Cno vvord iin- rartCi an the City Admin City Administrator. all Citv department heads and the Emeraencv Manager. 4. Such City e#+ciafs em0ovees and other citizens with technical expertise in related areas as may be appointed by the Mayor, with the awe -input and consent of the City Council. 2.57.060 Emergency Management Council's Powers and Duties. t sh.�I�Talhbe th d �ZErnerg nny aRagernentG �f�ril aR d it is hereby empowered, to rev and eGG r Ci GeunGi 3jv ntinn omornonry management aR d mutual aid nlara C Rd agreements aR d sl lrah oridinnnn r-CCC! S r1110 r+nr! rog� 11�tinns �s pro ppLp to implement s11nh plan a Tr J T� v as u.e Re J..l.i. implement w. meeting UPE)R the Gall of the Vino Ghairnorsnn W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 6 of 11 172 The Emerqencv Manaqement Council shall have the following) powers and duties consistent with the purposes of this chapter: 1. Advise the Mayor and the Director of Emergency Management in all matters vertaininq to City emergency management, and appoint such ad hoc committees, subcommittees and working qroups as are required to develop specific recommendations for the improvement of emergency manaqement Practices. standards, policies or procedures. 2. Ensure the Mayor and City Council receive an annual assessment of Citvwide emergency preparedness, including but not limited to, specific progress on hazard mitigation and reduction efforts, implementation of seismic safety improvements, reduction of flood hazards and coordination of hazardous materials planninq and response activities. 3. Review administrative rules governinq City emerqencv manaqement Practices and recommend necessary revisions to the Director of Emerqencv Manaqement. 4. Meet reqularly. as called by the chairperson or, in his /her absence from the City or inability to call such meeting, the vice chairperson. 2.57.070 Director's Powers and Duties A. The DireGtE)F of PubliG VVE)rks of the City of Tukwila shall serve in SUGh pGsitien ex GffiGiez A. The Mayor, pursuant to RCW 38.52.070 (1), appoints the Director of Emerqencv Manaqement "Director In the absence of the Director, the Mayor shall appoint a temporary Director until the Director returns or a replacement is found. B. The Director er his /her des ignee is h ereby empowered an .d irer}ed 1'r\ Shall have the following powers and duties consistent with the purposes of this chapter: 1. Responsible for the organization, administration, and operation of emergency manaqement in the City, subject to the direction and control of the Ma ry r. 1. Gonferming4o the requir greatest extent pessible, the Gity plan shall be Ge9rdiRated m.4th the King County and thp 2tgate Offinp- A; f nrennre oni imn�em. -.r4 he nl 1 pla IRGident Management Systern; direGt staff tO GendLIGt at least one exeFG'se annually to maiRtadR pmfiGienGy in the use of the a nnd revievi and update the plan a.wwally for needed im fGyemenfs or revis ie W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 7 of 11 173 2. Oversee implementation of. and annual updates to. the Citv's Comprehensive Emerqencv Manaqement Plan "the Plan consistent with the requirements specified in Chapter 38.52 RCW. and coordinated with other state and countv plans and proqrams: ensure compliance with the National Incident Manaqement Svstem and ensure operation and maintenance of the City's Incident Command Svstem: coordinate with the Emerqencv Manaqement Council to conduct at least one tabletop exercise annually and one full -scale exercise every 3 to 5 vears to maintain proficiencv in the use of the Plan. 23 4 and greet s"&- Coordinate efforts of the Emergency Management Organization of the City for the accomplishment of the purposes of this chapter. 34 D;reGt G k1 i„ g d GGep atie; Coordinate efforts between departments, divisions, services, and staff of the Emergency Management Organization of the City, and #e- resolve questions of authority and responsibility that may arise between them. 4 Represent the Emergency Management Organization of the City in all dealings with public or private agencies pertaining to emergency management and response to disasters emeraencies. -5 Deve lop ,arid— evaluate— Coordinate the onqoinq development and evaluation of emergency plans concerning the application of mitigation strategies and preparation, response, and recovery mechanisms, and include such in the City's emergency management activities with various Gity, GG Rty federakand, state -ag tribal, and local qovernments. non qovernmental orqanizations (NGOs), and the private sector:, conduct and evaluate testing of emergency plans; and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Management Council. 7. Make Coordinate development and presentation of rules and regulations to the Emerqencv Management Council that will assist in efforts to reasonably protect life, environment, and property and n a t Fa l r eso FGes during an emergency. 8. Prepare for the Mayor's signature any proclamation of local emergency and, upon approval, transmit submit it to federal, state, regional, and local agencies, as required. This proclamation authorizes the City to take necessary measures to combat ^mast an emergencVl protect persons, environment and property reseuFGes provide emergency assistance to victims of the d emergencyi and exercise powers authorized in RCW 38.52.070. These include, but are not limited to, rationing; curfew; and waiver of requirements pertaininq to budget law limitations, competitive bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levvinq of W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 8 of 11 174 taxes. and the appropriation and expenditure of public funds. Such proclamation must be meta; ed confirmed and ratified by the City Council when prat as soon as is reasonably practical. and provided the purposes of anv such proclamation are consistent with the purposes of this chapter. 9. c o:ad pmgr-a4T�s 9. As required by state law and upon approval by the Mavor and the City, Council. submit all plans and proqrams for State review and certification., 10. Gem a+Rd- Coordinate the service and eq u ipment resources of a&4RaRy Gi+izeRs as GGRsi ReGessar« in light p .-disaster volunteers, provided that volunteers so GC)F.,,,,andee directed shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by state law and federal and state emergency management regulations for registered emergency workers. 11. Execute all the special powers conferred by this chapter or by resolution adopted pursuant thereto, and all powers conferred by statute, by approved by the Emergency Management Council, or by any other lawful authority. 2.57.080 Emergency Management Coordinator Manaqer. The Emergency MaRagerRent Goord Mana (EMI is a full -time position that reports to the Director of Emergency Management. As part of the position's responsibilities, the EM will ensure the Comprehensive Emergency Management Plan and its supporting procedures are reviewed and updated annually; an education and training program is developed and implemented in emergency management tasks for City employees, residents and businesses; and periodic training and field exercises are conducted pursuant to TMC Section 2.57.070., 2.57.090 Emergency Management Organization. All officers and employees of the City, together with those citizens enrolled to aid them during a waste; an emeraencv, and all groups, organizations and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of TMC Section 2.57.969 070 who shall be charged with duties incident to the protection of life, environment and property in the City during such d+saste emeraencv, shall constitute the Emergency preparedness Manaqement Organization of the City. 2.57.100 Departments, Divisions, Services, and Staff. The functions and duties of the City's Emergency Management Organization shall be distributed among such departments, divisions, services and special staff as the Director of Emergency Management shall direct. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 9 of 11 175 2.57.110 Mutual Aid Agreements. The Mayor shall have the power to sign, on behalf of the City and the Emergency Management Council, mutual aid agreements with other �palit cc G Gun t y a n d other governmental subdiv entities, tribal nations and non governmental entities that have been approved by the City Council. All previous mutual aid agreements that have been signed by the Mayor are hereby confirmed and ratified, provided the same or parts thereof are not inconsistent with this chapter. 2.57.120 Punishment of Violations. It is a misdemeanor punishable as provided in TMC Section 1.08.010 for any person, during- a- 4,s=ter an emergencv, to: 1. Willfully obstruct, hinder, or delay any member of the Emergency Management Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter. 2. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter. City v or try reven pt hinder or delay the defers eteGtien th City 3. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. 4. In any manner loot or carry off any items of value not belonging to the person charqed during he ;fteRnath of a disc. an emergencv or its aftermath. 2.57.130 No Private Liability. No individual, firm, association, corporation or other party, or their successors in interest, or the aqents or emplovees of any of them, owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of she tering persons ddline —an ��T��I�- i.m,��;ng�o��;r�Ge disaster „thei qrs i n i f ..-Al -be subjeGt tG liability c ustain d by any persGR while 1R oF upon the building Gr premises fe the puFp ce ra so diouct property and /or animals during an actual or impendinq emergencv, or durinq full -scale exercise or any other traininq event, shall be subject to legal liability for damaqe to property or iniury or death to any persons or animals while in or upon the buildinq or premises for the purposes expressed above. All legal liability for damage to property or injury or death to persons or animals caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 10 of 11 176 negligence, or willful misconduct, shall be the obligation of the State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. Section 2. Repealer. Ordinance No. 2198 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 11 of 11 177 178 off:,. :2 City of 'Tukwila Washington Ordinance No. r�) 9 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.57, "EMERGENCY MANAGEMENT," UPDATING THE REGULATIONS TO REFLECT THE ADDITION OF THE CITY'S EMERGENCY MANAGEMENT COORDINATOR POSITION, AND INTEGRATING THE USE OF THE INCIDENT COMMAND SYSTEM PER THE NATIONAL INCIDENT MANAGEMENT SYSTEM; REPEALING ORDINANCE NO. 2018; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila recognizes the importance of providing for the preparation and implementation of emergency management plans, to ensure the health, safety and welfare of its citizens; and WHEREAS, RCW 38.52.070 requires the City to incorporate the use of the Incident Command System (ICS) per the National Incident Management System (NIMS); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 2.57 Amended. Tukwila Municipal Code Chapter 2.57, is hereby amended to read as follows: CHAPTER 2.57 EMERGENCY MANAGEMENT Sections: 2.57.010 Purpose 2.57.020 Definitions 2.57.030 City Council Duties 2.57.040 Emergency Management Council Created Membership 2.57.050 Emergency Management Council's Powers and Duties 2.57.060 Director's Powers and Duties 2.57.070 Emergency Management Coordinator 2.57.080 Emergency Management Organization 2.57.090 Departments, Divisions, Services and Staff 2.57.100 Mutual Aid Agreements 2.57.110 Punishment of Violations 2.57.120 No Private Liability 2.57.010 Purpose The declared purposes of this chapter are to provide for: the preparation and implementation of emergency plans, including mock or practice exercises; the emergency management and protection of persons and property within the City in the event of a disaster; and the coordination of the emergency and disaster response functions of the City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with emergency management and disaster activities, including mutual aid activities and mock or practice exercises, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. C:\Documents and SettingsWll Users\ Desktop\ Kclly \MSDATA \Ordinances\Emcrgency Managemcntdoc 1M:ksn 2/14/2008 Page I of 5 179 2.57.020 Definitions As used in this chapter, these terms shall be defined as follows: 1. "Emergency Management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It includes preparation, mitigation, response and recovery from disasters. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy. 2. "Disaster" includes in its meaning, but is not limited to, extraordinary fire, flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or similar public calamity. 3. "Preparation" means the active planning, testing, and revising of operational procedures and policies to prepare for a disaster. It includes coordination with local, County, State and Federal agencies to insure cohesive working relationships and compatible emergency plans. 4. "Mitigation" includes risk analysis, review and identification of hazards both natural and man-made, development of strategies to minimize those hazards, and development of resources and capabilities to respond effectively to risks not controlled through conventional methods. 5. "Response" includes the initiation of warnings to potential disasters, initiation of actions necessary to effectively act during a disaster, damage assessment and evaluation, coordination of operations, logistics, and planning activities during a disaster, and documentation of actions taken during a disaster. 6. "Recovery" includes assessment of community needs after an event, prioritizing of actions for recovery, coordination of agencies during recovery, documentation of costs for future recovery of costs, and facilitation of disaster assistance offices in providing the community with efficient mechanisms to obtain Federal, State and local assistance after disasters. 2.57.030 City Council Duties It shall be the duty of the City Council under the Emergency Management Program to: 1. Give advice and consent to the Mayor regarding appointments made pursuant to TMC 2.57.040. 2. Consider adoption of emergency management mutual aid plans and agreements, and such ordinances, resolutions, rules and regulation as are necessary to implement such plans and agreements as are referred to them by the Emergency Management Council, pursuant to TMC 2.57.050. 3. Approve at the earliest practicable time after their issuance, rules and regulations reasonably related to the protection of life and property which are affected by a disaster, such rules and regulations having been made and issued by the Emergency Management Director pursuant to TMC 2.57.060, 4. Distribute pursuant to resolution the functions and duties of the City's emergency management organization among the divisions, services and special staff referred to in TMC 2.57.090. 5. Approve mutual aid agreements referenced in and pursuant to TMC 2.57.100. 2.57.040 Emergency Management Council Created Membership The Emergency Management Council is hereby created, and shall consist of the following: CA1Documents and Settings\All Users\ Desktop\ Ke lly\MSDATA \Ordinances\Emergency Management.doc JM:ksn 2/1412008 Page 2 of 5 180 1. The Mayor, who shall be chairperson. 2. The Director of Emergency Management, who shall be Vice chairperson. 3. All department heads of the City of Tukwila, the Emergency Management Coordinator, and the City Administrator. 4. Such City officials and other citizens with technical expertise in related areas as may be appointed by the Mayor, with the advice and consent of the City Council. 2.57.050 Emergency Management Council's Powers and Duties It shall be the duty of the Emergency Management Council, and it is hereby empowered, to review and recommend for City Council adoption emergency management and mutual aid plans, and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Emergency Management Council shall meet upon call of the chairperson or, in the chairpersons absence from the City or inability to call such meeting, upon the call of the vice chairperson. 2.57.060 Director's Powers and Duties A. The position of Director of Emergency Management is hereby created. The Director of Public Works of the City of Tukwila shall serve in such position ex officio. B. The Director or his /her designee is hereby empowered and directed to: 1. Prepare a Comprehensive Emergency Management Plan for the City, conforming to the requirements specified in Chapter 38.52 RCW. To the greatest extent possible, the City plan shall be coordinated with the King County and the State Office of Emergency Management plans and programs; prepare and implement the National Incident Management System; direct staff to conduct at least one exercise annually to maintain proficiency in the use of the plan; and review and update the plan annually for needed improvements or revisions. 2. Control and direct the effort of the emergency management organization of the City for the accomplishment of the purposes of this chapter. 3. Direct coordination and cooperation between departments, divisions, services and staff of the emergency management organization of the City, and to resolve questions of authority and responsibility that may arise between them. 4. Represent the emergency management organization of the City in all dealings with public or private agencies pertaining to emergency management and response to disasters. 5. Develop and evaluate emergency plans concerning the application of mitigation strategies, preparation, response, and recovery mechanisms, and include such in the City's emergency management activities with various city, county, state, and federal agencies; conduct and evaluate testing of emergency plans; and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Management Council. 6. Make appointments to the Emergency Management Council. 7. Make rules and regulations to reasonably protect life, property, and natural resources during an emergency. 8. Prepare for the Mayor's signature any proclamation of local emergency, and upon approval transmit it to federal, state, regional, and local agencies. This proclamation authorizes the City to take necessary measures to combat a disaster; protect persons, property, and natural resources; provide emergency assistance to victims of the disaster; and exercise powers authorized in RCW 38.52.070. These include but are not limited to rationing, curfew, budget law limitations, competitive CADocuments and Settings\All UsersWesktopU Kelly \MSDATA1Ordinances\Emergency Managementdoc JM:ksn 2/14/2009 Page 3 of 5 181 bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, and purchase of supplies and materials. Such proclamation must be sustained by the City Council when practical. 9. Upon their approval by the City Council, submit all plans and programs, including the ordinance codified in this chapter, for State review and certification. 10. Command the service and equipment of as many citizens as considered necessary in light of the disaster, provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by state law and federal and state emergency management regulations for registered emergency workers. 11. Execute all the special powers conferred by this chapter or by resolution adopted pursuant thereto, all powers conferred by statute, agreement approved by the emergency Management Council, or by any other lawful authority. 2.57.070 Emergency Management Coordinator The Emergency Management Coordinator (EMC) is a full -time position that reports to the Director of Emergency Management. As part of the position's responsibilities, the EMC will assure that the Comprehensive Emergency Management Plan and its supporting procedures are reviewed and updated annually; that an education and training program is developed and implemented in emergency management tasks for City employees, residents and businesses; and that periodic training and field exercises are conducted. 2.57.080 Emergency Management Organization All officers and employees of the City, together with those citizens enrolled to aid them during a disaster, and all groups, organizations and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of TMC 2.57.060 who shall be charged with duties incident to the protection of life and property in the City during such disaster, shall constitute the emergency pre- paredness organization of the City. 2.57.090 Departments, Divisions, Services and Staff A. The functions and duties of the City emergency management organization shall be distributed among such departments, divisions, services and special staff as the Director of Emergency Management shall direct. 2.57.100 Mutual Aid Agreements The Mayor shall have the power to sign, on behalf of the City and the Emergency Management Council, mutual aid agreements with other municipalities, the County and other governmental subdivisions which have been approved by the City Council. All previous mutual aid agreements which have been signed by the Mayor are hereby confirmed and ratified, provided the same or parts thereof are not inconsistent with this chapter. 2.57.110 Punishment of Violations It is a misdemeanor punishable as provided in TMC 1.08.010 for any person, during a disaster, to: 1. Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter. 2. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the act is of such a nature as to give or be likely to give assistance to the CADocuments and Settings\AII Users\Desktop\Ke11y\MSDATA\ Ordinances \EmergencyManagement.doc JM:ksn 211412008 Page 4 of 5 182 enemy, or to encourage or assist in theft of or endanger property of inhabitants of the City, or to prevent, hinder or delay the defense or protection thereof. 3. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. 4. In any manner loot or carry off any items of value during the aftermath of a disaster. 2.57.120 No Private Liability No individual, firm, association, corporation or other party, owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons during an actual, impending, mock or practice disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises for the purpose of seeking refuge therein during an actual, impending, mock or practice disaster or test ordered by lawful authority. All legal liability for damage to property or injury or death to persons caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct shall be the obligation of the State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. Section 2. Repealer. Ordinance No. 2018 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OV THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of T�eA r utGr K-1 .2008. ATTEST /AUTHENTICATED: Q 6 Hagger ayor J E. Cantu, CMC, City Clerk Filed with the City Clerk: L/c APPROVED TO M BY: Passed by the �ity Cquncil: f c t Published: -V _2 S ox Effective Date: 3 t US O f' of the City ttorney Ordinance Number: 1 d� C:\Documents and Settings\All Users\Desktop\ Kelly \MSDATA \Ordinances\Emergency Management.doc JM:ksn 2/14n008 Page 5 of 5 183 184 0. FEMA Ia �'k lii GLOSSARY DEFINITIONS Accessible: Having the legally required features and /or qualities that ensure easy entrance, participation, and usability of places, programs, services, and activities by individuals with a wide variety of disabilities. Acquisition Procedures: A process used to obtain resources to support operational requirements. Agency: A division of government with a specific function offering a particular kind of assistance. In the Incident Command System, agencies are defined either as jurisdictional (having statutory responsibility for incident management) or as assisting or cooperating (providing resources or other assistance). Governmental organizations are most often in charge of an incident, though in certain circumstances private- sector organizations may be included. Additionally, nongovernmental organizations may be included to provide support. Agency Administrator /Executive: The official responsible for administering policy for an agency or jurisdiction. An Agency Administrator /Executive (or other public official with jurisdictional responsibility for the incident) usually makes the decision to establish an Area Command. Agency Dispatch: The agency or jurisdictional facility from which resources are sent to incidents. Agency Representative: A person assigned by a primary, assisting, or cooperating Federal, State, tribal, or local government agency, or nongovernmental or private organization, that has been delegated authority to make decisions affecting that agency's or organization's participation in incident management activities following appropriate consultation with the leadership of that agency. All- Hazards: Describing an incident, natural or manmade, that warrants action to protect life, property, environment, and public health or safety, and to minimize disruptions of government, social, or economic activities. Allocated Resource: Resource dispatched to an incident. Area Command: An organization established to oversee the management of multiple incidents that are each being handled by a separate Incident Command System organization or to oversee the management of a very large or evolving incident that has multiple Incident Management Teams engaged. An Agency Administrator /Executive or other public official with jurisdictional responsibility for the incident usually makes the decision to establish an Area Command. An Area Command is activated only if necessary, depending on the complexity of the incident and incident management span of- control considerations. 185 Assessment: The process of acquiring, collecting, processing, examining, analyzing, evaluating, monitoring, and interpreting the data, information, evidence, objects, measurements, images, sound, etc., whether tangible or intangible, to provide a basis for decision making. Assigned Resource: Resource checked in and assigned work tasks on an incident. Assignment: Task given to a personnel resource to perform within a given operational period that is based on operational objectives defined in the Incident Action Plan. Assistant: Title for subordinates of principal Command Staff positions. The title indicates a level of technical capability, qualifications, and responsibility subordinate to the primary positions. Assistants may also be assigned to Unit Leaders. Assisting Agency: An agency or organization providing personnel, services, or other resources to the agency with direct responsibility for incident management. See Supporting Agency. Available Resource: Resource assigned to an incident, checked in, and available for a mission assignment, normally located in a Staging Area. Badging: The assignment of physical incident specific credentials to establish legitimacy and limit access to various incident sites. Branch: The organizational level having functional or geographical responsibility for major aspects of incident operations. A Branch is organizationally situated between the Section Chief and the Division or Group in the Operations Section, and between the Section and Units in the Logistics Section. Branches are identified by the use of Roman numerals or by functional area. Cache: A predetermined complement of tools, equipment, and /or supplies stored in a designated location, available for incident use. Camp: A geographical site within the general incident area (separate from the Incident Base) that is equipped and staffed to provide sleeping, food, water, and sanitary services to incident personnel. Categorizing Resources: The process of organizing resources by category, kind, and type, including size, capacity, capability, skill, and other characteristics. This makes the resource ordering and dispatch process within and across organizations and agencies, and between governmental and nongovernmental entities, more efficient, and ensures that the resources received are appropriate to their needs. Certifying Personnel: The process of authoritatively attesting that individuals meet professional standards for the training, experience, and performance required for key incident management functions. 186 Chain of Command: The orderly line of authority within the ranks of the incident management organization. Check -In: The process through which resources first report to an incident. All responders, regardless of agency affiliation, must report in to receive an assignment in accordance with the procedures established by the Incident Commander. Chief: The Incident Command System title for individuals responsible for management of functional Sections: Operations, Planning, Logistics, Finance /Administration, and Intelligence /Investigations (if established as a separate Section). Command: The act of directing, ordering, or controlling by virtue of explicit statutory, regulatory, or delegated authority. Command Staff: The staff who report directly to the Incident Commander, including the Public Information Officer, Safety Officer, Liaison Officer, and other positions as required. They may have an assistant or assistants, as needed. Common Operating Picture: An overview of an incident by all relevant parties that provides incident information enabling the Incident Commander/Unified Command and any supporting agencies and organizations to make effective, consistent, and timely decisions. Common Terminology: Normally used words and phrases- avoiding the use of different words /phrases for same concepts -to ensure consistency and to allow diverse incident management and support organizations to work together across a wide variety of incident management functions and hazard scenarios. Communications: The process of transmission of information through verbal, written, or symbolic means. Communications /Dispatch Center: Agency or interagency dispatch centers, 911 call centers, emergency control or command dispatch centers, or any naming convention given to the facility and staff that handles emergency calls from the public and communication with emergency management/response personnel. The center can serve as a primary coordination and support element of the Multiagency Coordination System(s) (MACS) for an incident until other elements of the MACS are formally established. Complex: Two or more individual incidents located in the same general area and assigned to a single Incident Commander or to Unified Command. Comprehensive Preparedness Guide 101: A guide designed to assist jurisdictions with developing operations plans. It promotes a common understanding of the fundamentals of planning and decision making to help emergency planners examine a hazard and produce integrated, coordinated, and synchronized plans. Continuity of Government: A coordinated effort within the Federal Government's executive branch to ensure that National Essential Functions continue to be performed during a catastrophic emergency (as defined in National Security Presidential Directive 187 51 /Homeland Security Presidential Directive 20). Continuity of Operations: An effort within individual organizations to ensure that Primary Mission Essential Functions continue to be performed during a wide range of emergencies. Cooperating Agency: An agency supplying assistance other than direct operational or support functions or resources to the incident management effort. Coordinate: To advance an analysis and exchange of information systematically among principals who have or may have a need to know certain information to carry out specific incident management responsibilities. Corrective Actions: The implementation of procedures that are based on lessons learned from actual incidents or from training and exercises. Credentialing: The authentication and verification of the certification and identity of designated incident managers and emergency responders. Critical Infrastructure: Assets, systems, and networks, whether physical or virtual, so vital to the United States that the incapacitation or destruction of such assets, systems, or networks would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. Delegation of Authority: A statement provided to the Incident Commander by the Agency Executive delegating authority and assigning responsibility. The delegation of authority can include objectives, priorities, expectations, constraints, and other considerations or guidelines, as needed. Many agencies require written delegation of authority to be given to the Incident Commander prior to assuming command on larger incidents. (Also known as Letter of Expectation.) Demobilization: The orderly, safe, and efficient return of an incident resource to its original location and status. Department Operations Center (DOC): An Emergency Operations Center (EOC) specific to a single department or agency. The focus of a DOC is on internal agency incident management and response. DOCs are often linked to and, in most cases, are physically represented in a combined agency EOC by authorized agent(s) for the department or agency. Deputy: A fully qualified individual who, in the absence of a superior, can be delegated the authority to manage a functional operation or to perform a specific task. In some cases a deputy can act as relief for a superior, and therefore must be fully qualified in the position. Deputies generally can be assigned to the Incident Commander, General Staff, and Branch Directors. Director: The Incident Command System title for individuals responsible for supervision of a Branch. 188 Dispatch: The ordered movement of a resource or resources to an assigned operational mission, or an administrative move from one location to another. Division: The organizational level having responsibility for operations within a defined geographic area. Divisions are established when the number of resources exceeds the manageable span of control of the Section Chief. See Group. Emergency: Any incident, whether natural or manmade, that requires responsive action to protect life or property. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an emergency means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. Emergency Management Assistance Compact (EMAC): A congressionally ratified organization that provides form and structure to interstate mutual aid. Through EMAC, a disaster affected State can request and receive assistance from other member States quickly and efficiently, resolving two key issues up front: liability and reimbursement. Emergency Management /Response Personnel: Includes Federal, State, territorial, tribal, substate regional, and local governments, NGOs, private sector organizations, critical infrastructure owners and operators, and all other organizations and individuals who assume an emergency management role. (Also known as emergency responder.) Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management (on -scene operations) activities normally takes place. An EOC may be a temporary facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within a jurisdiction. EOCs may be organized by major functional disciplines (e.g., fire, law enforcement, medical services), by jurisdiction (e.g., Federal, State, regional, tribal, city, county), or by some combination thereof. Emergency Operations Plan: An ongoing plan for responding to a wide variety of potential hazards. Emergency Public Information: Information that is disseminated primarily in anticipation of or during an emergency. In addition to providing situational information to the public, it frequently provides directive actions required to be taken by the general public. Evacuation: The organized, phased, and supervised withdrawal, dispersal, or removal of civilians from dangerous or potentially dangerous areas, and their reception and care in safe areas. Event: See Planned Event. 189 Federal: Of or pertaining to the Federal Government of the United States of America. Field Operations Guide: Durable pocket or desk guides that contain essential information required to perform specific assignments or functions. Finance /Administration Section: The Incident Command System Section responsible for all administrative and financial considerations surrounding an incident. Function: The five major activities in the Incident Command System: Command, Operations, Planning, Logistics, and Finance /Administration. A sixth function, Intelligence /Investigations, may be established, if required, to meet incident management needs. The term function is also used when describing the activity involved (e.g., the planning function). General Staff: A group of incident management personnel organized according to function and reporting to the Incident Commander. The General Staff normally consists of the Operations Section Chief, Planning Section Chief, Logistics Section Chief, and Finance /Administration Section Chief. An Intelligence /Investigations Chief may be established, if required, to meet incident management needs. Group: An organizational subdivision established to divide the incident management structure into functional areas of operation. Groups are composed of resources assembled to perform a special function not necessarily within a single geographic division. See Division. Hazard: Something that is potentially dangerous or harmful, often the root cause of an unwanted outcome. Incident: An occurrence, natural or manmade, that requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war- related disasters, public health and medical emergencies, and other occurrences requiring an emergency response. Incident Action Plan: An oral or written plan containing general objectives reflecting the overall strategy for managing an incident. It may include the identification of operational resources and assignments. It may also include attachments that provide direction and important information for management of the incident during one or more operational periods. Incident Base: The location at which primary Logistics functions for an incident are coordinated and administered. There is only one Base per incident. (Incident name or 190 other designator will be added to the term Base.) The Incident Command Post may be co- located with the Incident Base. Incident Command: The Incident Command System organizational element responsible for overall management of the incident and consisting of the Incident Commander (either single or unified command structure) and any assigned supporting staff. Incident Commander (IC): The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. Incident Command Post (ICP): The field location where the primary functions are performed. The ICP may be co- located with the Incident Base or other incident facilities. Incident Command System (ICS): A standardized on -scene emergency management construct specifically designed to provide an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field -level incident management operations. Incident Management: The broad spectrum of activities and organizations providing effective and efficient operations, coordination, and support applied at all levels of government, utilizing both governmental and nongovernmental resources to plan for, respond to, and recover from an incident, regardless of cause, size, or complexity. Incident Management Team (IMT): An Incident Commander and the appropriate Command and General Staff personnel assigned to an incident. The level of training and experience of the IMT members, coupled with the identified formal response requirements and responsibilities of the IMT, are factors in determining "type," or level, of IMT. Incident Objectives: Statements of guidance and direction needed to select appropriate strategy(s) and the tactical direction of resources. Incident objectives are based on realistic expectations of what can be accomplished when all allocated resources have been effectively deployed. Incident objectives must be achievable and measurable, yet flexible enough to allow strategic and tactical alternatives. Information Management: The collection, organization, and control over the structure, processing, and delivery of information from one or more sources and distribution to one or more audiences who have a stake in that information. Integrated Planning System: A system designed to provide common processes for developing and integrating plans for the Federal Government to establish a 191 comprehensive approach to national planning in accordance with the Homeland Security Management System as outlined in the National Strategy for Homeland Security. Intelligence/Investigations: An organizational subset within ICS. Intelligence gathered within the Intelligence /Investigations function is information that either leads to the detection, prevention, apprehension, and prosecution of criminal activities -or the individual(s) involved including terrorist incidents or information that leads to determination of the cause of a given incident (regardless of the source) such as public health events or fires with unknown origins. This is different from the normal operational and situational intelligence gathered and reported by the Planning Section. Interoperability: Ability of systems, personnel, and equipment to provide and receive functionality, data, information and/or services to and from other systems, personnel, and equipment, between both public and private agencies, departments, and other organizations, in a manner enabling them to operate effectively together. Allows emergency management /response personnel and their affiliated organizations to communicate within and across agencies and jurisdictions via voice, data, or video -on- demand, in real time, when needed, and when authorized. Job Aid: Checklist or other visual aid intended to ensure that specific steps of completing a task or assignment are accomplished. Joint Field Office (JFO): The primary Federal incident management field structure. The JFO is a temporary Federal facility that provides a central location for the coordination of Federal, State, tribal, and local governments and private- sector and nongovernmental organizations with primary responsibility for response and recovery. The JFO structure is organized, staffed, and managed in a manner consistent with National Incident Management System principles. Although the JFO uses an Incident Command System structure, the JFO does not manage on -scene operations. Instead, the JFO focuses on providing support to on -scene efforts and conducting broader support operations that may extend beyond the incident site. Joint Information Center (JIC): A facility established to coordinate all incident related public information activities. It is the central point of contact for all news media. Public information officials from all participating agencies should co- locate at the JIC. Joint Information System (JIS): A stricture that integrates incident information and public affairs into a cohesive organization designed to provide consistent, coordinated, accurate, accessible, timely, and complete information during crisis or incident operations. The mission of the JIS is to provide a structure and system for developing and delivering coordinated interagency messages; developing, recommending, and executing public information plans and strategies on behalf of the Incident Commander (IC); advising the IC concerning public affairs issues that could affect a response effort; and controlling rumors and inaccurate information that could undermine public confidence in the emergency response effort. 192 Jurisdiction: A range or sphere of authority. Public agencies have jurisdiction at an incident related to their legal responsibilities and authority. Jurisdictional authority at an incident can be political or geographical (e.g., Federal, State, tribal, local boundary lines) or functional (e.g., law enforcement, public health). Jurisdictional Agency: The agency having jurisdiction and responsibility for a specific geographical area, or a mandated function. Key Resource: Any publicly or privately controlled resource essential to the minimal operations of the economy and government. Letter of Expectation: See Delegation of Authority. Liaison: A form of communication for establishing and maintaining mutual understanding and cooperation. Liaison Officer: A member of the Command Staff responsible for coordinating with representatives from cooperating and assisting agencies or organizations. Local Government: Public entities responsible for the security and welfare of a designated area as established by law. A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village, or other public entity. See Section 2 (10), Homeland Security Act of 2002, Pub. L. 107 -296, 116 Stat. 2135 (2002). Logistics: The process and procedure for providing resources and other services to support incident management. Logistics Section: The Incident Command System Section responsible for providing facilities, services, and material support for the incident. Management by Objectives: A management approach that involves a five -step process for achieving the incident goal. The Management by Objectives approach includes the following: establishing overarching incident objectives; developing strategies based on overarching incident objectives; developing and issuing assignments, plans, procedures, and protocols; establishing specific, measurable tactics or tasks for various incident management functional activities and directing efforts to attain them, in support of defined strategies; and documenting results to measure performance and facilitate corrective action. 193 Manager: Individual within an Incident Command System organizational unit who is assigned specific managerial responsibilities (e.g., Staging Area Manager or Camp Manager). Mitigation: Activities providing a critical- foundation in the effort to reduce the loss of life and property from natural and /or manmade disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long -term sustained effect. Mobilization: The process and procedures used by all organizations- Federal, State, tribal, and local -for activating, assembling, and transporting all resources that have been requested to respond to or support an incident. Mobilization Guide: Reference document used by organizations outlining agreements, processes, and procedures used by all participating agencies /organizations for activating, assembling, and transporting resources. Multiagency Coordination (MAC) Group: A group of administrators or executives, or their appointed representatives, who are typically authorized to commit agency resources and funds. A MAC Group can provide coordinated decision making and resource allocation among cooperating agencies, and may establish the priorities among incidents, harmonize agency policies, and provide strategic guidance and direction to support incident management activities. MAC Groups may also be known as multiagency committees, emergency management committees, or as otherwise defined by the Multiagency Coordination System. Multiagency Coordination System (MACS): A system that provides the architecture to support coordination for incident prioritization, critical resource allocation, communications systems integration, and information coordination. MACS assist agencies and organizations responding to an incident. The elements of a MACS include facilities, equipment, personnel, procedures, and communications. Two of the most commonly used elements are Emergency Operations Centers and MAC Groups. Multijurisdictional Incident: An incident requiring action from multiple agencies that each have jurisdiction to manage certain aspects of an incident. In the Incident Command System, these incidents will be managed under Unified Command. Mutual Aid Agreement or Assistance Agreement: Written or oral agreement between and among agencies /organizations and/or jurisdictions that provides a mechanism to quickly obtain emergency assistance in the form of personnel, equipment, materials, and other associated services. The primary objective is to facilitate rapid, short-term deployment of emergency support prior to, during, and/or after an incident. National: Of a nationwide character, including the Federal, State, tribal, and local 194 aspects of governance and policy. National Essential Functions: A subset of government functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through continuity of operations and continuity of government capabilities. National Incident Management System: A set of principles that provides a systematic, proactive approach guiding government agencies at all levels, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life or property and harm to the environment. National Response Framework: A guide to how the Nation conducts all- hazards response. Nongovernmental Organization (NGO): An entity with an association that is based on interests of its members, individuals, or institutions. It is not created by a government, but it may work cooperatively with government. Such organizations serve a public purpose, not a private benefit. Examples of NGOs include faith -based charity organizations and the American Red Cross. NGOs, including voluntary and faith -based groups, provide relief services to sustain life, reduce physical and emotional distress, and promote the recovery of disaster victims. Often these groups provide specialized services that help individuals with disabilities. NGOs and voluntary organizations play a major role in assisting emergency managers before, during, and after an emergency. Officer: The Incident Command System title for a person responsible for one of the Command Staff positions of Safety, Liaison, and Public Information. Operational Period: The time scheduled for executing a given set of operation actions, as specified in the Incident Action Plan. Operational periods can be of various lengths, although usually they last 12 to 24 hours. Operations Section: The Incident Command System (ICS) Section responsible for all tactical incident operations and implementation of the Incident Action Plan. In ICS, the Operations Section normally includes subordinate Branches, Divisions, and /or Groups. Organization: Any association or group of persons with like objectives. Examples include, but are not limited to, governmental departments and agencies, nongovernmental organizations, and the private sector. Personal Responsibility: The obligation to be accountable for one's actions. Personnel Accountability: The ability to account for the location and welfare of incident personnel. It is accomplished when supervisors ensure that Incident Command System principles and processes are functional and that personnel are working within 195 established incident management guidelines. Plain Language: Communication that can be understood by the intended audience and meets the purpose of the communicator. For the purpose of the National Incident Management System, plain language is designed to eliminate or limit the use of codes and acronyms, as appropriate, during incident response involving more than a single agency. Planned Event: A scheduled nonemergency activity (e.g., sporting event, concert, parade, etc.). Planning Meeting: A meeting held as needed before and throughout the duration of an incident to select specific strategies and tactics for incident control operations and for service and support planning. For larger incidents, the Planning Meeting is a major element in the development of the Incident Action Plan. Planning Section: The Incident Command System Section responsible for the collection, evaluation, and dissemination of operational information related to the incident, and for the preparation and documentation of the Incident Action Plan. This Section also maintains information on the current and forecasted situation and on the status of resources assigned to the incident. Portability: An approach that facilitates the interaction of systems that are normally distinct. Portability of radio technologies, protocols, and frequencies among emergency management /response personnel will allow for the successful and efficient integration, transport, and deployment of communications systems when necessary. Portability includes the standardized assignment of radio channels across jurisdictions, which allows responders to participate in an incident outside their jurisdiction and still use familiar equipment. Pre Positioned Resource: A resource moved to an area near the expected incident site in response to anticipated resource needs. Preparedness: A continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective action in an effort to ensure effective coordination during incident response. Within the National Incident Management System, preparedness focuses on the following elements: planning; procedures and protocols; training and exercises; personnel qualification and certification; and equipment certification. Preparedness Organization: An organization that provides coordination for emergency management and incident response activities before a potential incident. These organizations range from groups of individuals to small committees to large standing organizations that represent a wide variety of committees, planning groups, and other organizations (e.g., Citizen Corps, Local Emergency Planning Committees, Critical Infrastructure Sector Coordinating Councils). Prevention: Actions to avoid an incident or to intervene to stop an incident from occurring. Prevention involves actions to protect lives and property. It involves applying intelligence and other information to a range of activities that may include such countermeasures as deterrence operations; heightened inspections; improved 196 surveillance and security operations; investigations to determine the full nature and source of the threat; public health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and, as appropriate, specific law enforcement operations aimed at deterring, preempting, interdicting, or disrupting illegal activity and apprehending potential perpetrators and bringing them to justice. Primary Mission Essential Functions: Government functions that must be performed in order to support or implement the performance of National Essential Functions before, during, and in the aftermath of an emergency. Private Sector: Organizations and individuals that are not part of any governmental structure. The private sector includes for profit and not for profit organizations, formal and informal structures, commerce, and industry. Protocol: A set of established guidelines for actions (which may be designated by individuals, teams, functions, or capabilities) under various specified conditions. Public Information: Processes, procedures, and systems for communicating timely, accurate, and accessible information on an incident's cause, size, and current situation; resources committed; and other matters of general interest to the public, responders, and additional stakeholders (both directly affected and indirectly affected). Public Information Officer: A member of the Command Staff responsible for interfacing with the public and media and /or with other agencies with incident related information requirements. Publications Management: Subsystem that manages the development, publication control, publication supply, and distribution of National Incident Management System materials. Recovery: The development, coordination, and execution of service- and site restoration plans; the reconstitution of government operations and services; individual, private- sector, nongovernmental, and public assistance programs to provide housing and to promote restoration; long -term care and treatment of affected persons; additional measures for social, political, environmental, and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. Recovery Plan: A plan developed to restore an affected area or community. Reimbursement: A mechanism to recoup funds expended for incident specific activities. Resource Management: A system for identifying available resources at all jurisdictional levels to enable timely, efficient, and unimpeded access to resources needed to prepare for, respond to, or recover from an incident. Resource management under the National Incident Management System includes mutual aid agreements and assistance agreements; the use of special Federal, State, tribal, and local teams; and 197 resource mobilization protocols. Resource Tracking: A standardized, integrated process conducted prior to, during, and after an incident by all emergency management/response personnel and their associated organizations. Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or at an Emergency Operations Center. Response: Activities that address the short-term, direct effects of an incident. Response includes immediate actions to save lives, protect property, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; continuing investigations into nature and source of the threat; ongoing public health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and specific law enforcement operations aimed at preempting, interdicting, or disrupting illegal activity, and apprehending actual perpetrators and bringing them to justice. Retrograde: To return resources back to their original location. Safety Officer: A member of the Command Staff responsible for monitoring incident operations and advising the Incident Commander on all matters relating to operational safety, including the health and safety of emergency responder personnel. Section: The Incident Command System organizational level having responsibility for a major functional area of incident management (e.g., Operations, Planning, Logistics, Finance /Administration, and Intelligence /Investigations (if established). The Section is organizationally situated between the Branch and the Incident Command. Single Resource: An individual, a piece of equipment and its personnel complement, or a crew /team of individuals with an identified work supervisor that can be used on an incident. Situation Report: Confirmed or verified information regarding the specific details relating to an incident. Span of Control: The number of resources for which a supervisor is responsible, usually expressed as the ratio of supervisors to individuals. (Under the National Incident Management System, an appropriate span of control is between 1:3 and 1:7, with optimal being 1:5, or between 1:8 and 1:10 for many large -scale law enforcement operations.) 198 Special Needs Population: A population whose members may have additional needs before, during, and after an incident in functional areas, including but not limited to: maintaining independence, communication, transportation, supervision, and medical care. Individuals in need of additional response assistance may include those who have disabilities; who live in institutionalized settings; who are elderly; who are children; who are from diverse cultures, who have limited English proficiency, or who are non- English- speaking; or who are transportation disadvantaged. Staging Area: Temporary location for available resources. A Staging Area can be any location in which personnel, supplies, and equipment can be temporarily housed or parked while awaiting operational assignment. Standard Operating Guidelines: A set of instructions having the force of a directive, covering those features of operations which lend themselves to a definite or standardized procedure without loss of effectiveness. Standard Operating Procedure: A complete reference document or an operations manual that provides the purpose, authorities, duration, and details for the preferred method of performing a single function or a number of interrelated functions in a uniform manner. State: When capitalized, refers to any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. See Section 2 (14), Homeland Security Act of 2002, Pub. L. 107 -296, 116 Stat. 2135 (2002). Status Report: Information specifically related to the status of resources (e.g., the availability or assignment of resources). Strategy: The general plan or direction selected to accomplish incident objectives. Strike Team: A set number of resources of the same kind and type that have an established minimum number of personnel, common communications, and a leader. Substate Region: A grouping of jurisdictions, counties, and/or localities within a State brought together for specified purposes (e.g., homeland security, education, public health), usually containing a governance structure. Supervisor: The Incident Command System title for an individual responsible for a Division or Group. Supporting Agency: An agency that provides support and /or resource assistance to another agency. See Assisting Agency. Supporting Technology: Any technology that may be used to support the National Incident Management System, such as orthophoto mapping, remote automatic weather stations, infrared technology, or communications. System: Any combination of facilities, equipment, personnel, processes, procedures, 199 and communications integrated for a specific purpose. Tactics: The deployment and directing of resources on an incident to accomplish the objectives designated by strategy. Task Force: Any combination of resources assembled to support a specific mission or operational need. All resource elements within a Task Force must have common communications and a designated leader. Technical Specialist: Person with special skills that can be used anywhere within the Incident Command System organization. No minimum qualifications are prescribed, as technical specialists normally perform the same duties during an incident that they perform in their everyday jobs, and they are typically certified in their fields or professions. Technology Standards: Conditions, guidelines, or characteristics that may be required to facilitate the interoperability and compatibility of major systems across jurisdictional, geographic, and functional lines. Technology Support: Assistance that facilitates incident operations and sustains the research and development programs that underpin the long -term investment in the Nation's future incident management capabilities. Terrorism: As defined in the Homeland Security Act of 2002, activity that involves an act that is dangerous to human life or potentially destructive of critical infrastructure or key resources; is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and appears to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping. Threat: Natural or manmade occurrence, individual, entity, or action that has or indicates the potential to harm life, information, operations, the environment, and/or property. Tools: Those instruments and capabilities that allow for the professional performance of tasks, such as information systems, agreements, doctrine, capabilities, and legislative authorities. Tribal: Referring to any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native Village as defined in or established pursuant to the Alaskan Native Claims Settlement Act (85 Stat. 688) [43 U.S.C.A. and 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Type: An Incident Command System resource classification that refers to capability. Type 1 is generally considered to be more capable than Types 2, 3, or 4, respectively, because of size, power, capacity, or (in the case of Incident Management Teams) 200 experience and qualifications. Unified Approach: The integration of resource management, communications and information management, and command and management in order to form an effective system. Unified Area Command: Version of command established when incidents under an Area Command are multijurisdictional. See Area Command. Unified Command (UC): An Incident Command System application used when more than one agency has incident jurisdiction or when incidents cross political jurisdictions. Agencies work together through the designated members of the UC, often the senior persons from agencies and/or disciplines participating in the UC, to establish a common set of objectives and strategies and a single Incident Action Plan. Unit: The organizational element with functional responsibility for a specific incident planning, logistics, or finance /administration activity. Unit Leader: The individual in charge of managing Units within an Incident Command System (ICS) functional Section. The Unit can be staffed by a number of support personnel providing a wide range of services. Some of the support positions are pre established within ICS (e.g., Base /Camp Manager), but many others will be assigned as technical specialists. Unity of Command: An Incident Command System principle stating that each individual involved in incident operations will be assigned to only one supervisor. Vital Records: The essential agency records that are needed to meet operational responsibilities under national security emergencies or other emergency or disaster conditions (emergency operating records), or to protect the legal and financial rights of the government and those affected by government activities (legal and financial rights records). Volunteer: For purposes of the National Incident Management System, any individual accepted to perform services by the lead agency (which has authority to accept volunteer services) when the individual performs services without promise, expectation, or receipt of compensation for services performed. See 16 U.S.C. 742f(c) and 29 CFR 553.10 201 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes July 6, 2011 5: 00 p. m.; Conference Room #3 *Wednesday due to holiday PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Mike Villa, Shawn Hunstock, Marty Grisham, Nick Olivas and Kimberly Matej Guest: Chuck Parrish CALL TO ORDER: Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. SCORE Investigative Services Agreement Staff is seeking Council approval to enter into an Investigative Assistance Agreement with all SCORE detention facility member cities (Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila). This cooperative agreement is for investigative services for any criminal or significant activity that that occurs at the SCORE facility and pursuant to RCW Chapter 10.93 (Mutual Aid Peace Officers Powers Act). Investigative needs will be equally shared among member cities as necessary. Misdemeanor crimes will be handled through internal processes. Without this investigative agreement, services would need to be contracted and paid for through an outside entity (i.e.: King County). Legal has reviewed the agreement, and the agreement has been approved by the SCORE Operations and Administrative Boards. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. B. Ordinance Update: Emergency Management Staff is seeking Council approval of an ordinance amending existing Tukwila Municipal Code (TMC) Section 2.57 regarding Emergency Management. The proposed draft ordinance addresses discrepancies as identified through the Revised Code of Washington, and updates definitions and duties as appropriate. This section of the TMC was last updated via ordinance in February 2008. The item is returning to Committee from January 19, 2011, when the Committee suggested several areas of the ordinance that needed clarification and/or further definition for application. Those areas have been modified and staff is returning to Committee for additional review. Highlights of changes include: New Section: Mayor's Responsibilities Title Changes Clarification/Specification of Roles (i.e.: changing control to coordination) Staff mentioned that the new ordinance is NIMS compliant. All other City- issued emergency plans will be built off of this ordinance increasing reliability, coordination and consistency of responsibilities. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. C. Donation to Fire Department: Ford Expedition Staff is seeking Council approval to accept the donation of a 1997 Ford Expedition for the Tukwila Fire Explorer Post from the Valley Regional Fire Authority. 202 COUNCIL AGENDA SYNOPSIS Initialr ITEMNO. Meeting Date Prepared by May view Couna7 review Vi ,1 07/11/11 I NJO a, 07/18/11 i NJO ITEM INFORMATION CAS NUMBER: 11-073 STAFF SPONSOR: NICK OLIVAS IORIGINALAGENDADATE: 07/11/11 AG1 -;ND,\ IrEM TITIa Vehicle Donation To The Fire Department Explorer Program C1ITGORY Discussion Motion Resolution Ordinance BidAvard Public Hearing [:]Other Mtg Date 07/11/11 Mig Date Mtg Date Mtg Date 07/18/11 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PIV SPONSOR'S The Valley Regional Fire Authority has donated a 1997 Fore Expedition to the Tukwila SUMMARY Explorer Post. This vehicle will be used primarily to transport explorers to and from meetings and events. R1sVIEWID BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/06/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Accept the donation of the Expedition COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EYPI:,NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1642 oil change and fuel annually) $0 $0 Fund Source: FIRE 000- 11 -S22- 200 -4S -9S Comments: MTG. DATE I RECORD OF COUNCIL ACTION 07/11/11 MTG. DATE I ATTACHMENTS 07/11/11 I Informational Memorandum dated 6/29/11 I I Draft Ordinance. 07/18/11 I I 203 204 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Nick Olivas, Fire Chief DATE: June 29, 2011 SUBJECT: Ordinance accepting the donation of a 1997 Ford Expedition ISSUE Valley Regional Fire Authority would like to donate a 1997 Ford Expedition to the Tukwila Fire Explorer Post. BACKGROUND The Tukwila Fire Explorer post has been in existence since the early 1980's serving the fire department and greater Tukwila community since their inception. Over the last several years, they have developed a close working relationship with the SeaTac Explorer group, due in part to our department hosting summer school for the Occupational Skills Center Fire Program. As part of this close working relationship the two posts have merged and are called Zone III explorers. Fires and other long term incidents require that a rehab area be set up for emergency personnel. Rehab can be as simple as sitting and resting, but in most incidents it involves keeping track of vital signs, providing beverages for hydration and even providing snacks or more substantial meals. Explorers are utilized along with the medics to set up rehab as needed. In addition, it is common for the explorers to help firefighters pick up and reload hose and generally get their apparatus back in service quicker. The Rehab Unit is called if there is a fire in Zone III. Prior to the explorers responding, one of the explorer advisors responds to the scene to determine whether or not the explorers are actually needed. If they are needed, they are paged out and respond to their home station to be transported. DISCUSSION We currently utilize a 1992 Ford Econoline Van for the explorers. This vehicle will carry up to 7 passengers and has the back cargo area stuffed with supplies. Unfortunately, we are unable to carry everything we need in this vehicle. For example, we have a rehab tent that we purchased a few years ago to be in compliance with the Washington Administrative Code (WAC) to provide shelter for responders from the elements while they are in rehab. The piece of equipment should be carried in the Econoline but there isn't enough space available at this time. If the donated vehicle is accepted, we will remove at least one seat in the van in order to store more supplies including the rehab tent. The Expedition will be used primarily to transport explorers to meetings and events they participate in. In addition, it will be used on a limited 205 INFORMATIONAL MEMO Page 2 basis by the Tukwila advisor on duty (currently once every 6 -8 weeks) to respond to incidents to determine whether or not the explorers are actually needed at the scene. Fleet Supervisor Jeff Morton estimated that we will need to invest $1465.00 (before tax) into the vehicle. Additionally, annual maintenance will be required for the vehicle. Our lead explorer advisor estimates that it will only be driven enough to require 1, possibly 2 oil changes per year. We anticipate that the significant operating cost for the vehicle will be for fuel, and we anticipate that to be $2,300.00 per year. In addition, if the vehicle develops a significant mechanical problem, we would discuss those expenses with fleet and finance to determine whether to make the repairs or surplus the vehicle. RECOMMENDATION The Council is being asked to consider this item at the July 11, 2011 Committee of the Whole meeting and subsequent July 18, 2011 regular Meeting. ATTACHMENTS Draft Ordinance WA2011 Info MemosTire Explorer vehicle donation Info Memo.doc 206 DR A F T AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING A 1997 FORD EXPEDITION AS A DONATION FROM THE VALLEY REGIONAL FIRE AUTHORITY FOR USE BY THE TUKWILA FIRE EXPLORER PROGRAM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Valley Regional Fire Authority wishes to donate a 1997 Ford Expedition to the City of Tukwila for use in the operation of the Fire Explorer Program; and WHEREAS, the vehicle will be used to respond to and support the regional fire and police agencies in emergency and disaster response; and WHEREAS, the Tukwila Fire Explorer program responded to 67 emergency incidents in 2010; and WHEREAS, the Tukwila Fire Explorers put in over 1,000 community service hours in 2010; and WHEREAS, the Tukwila Fire Explorer program budget does not support the purchase of a vehicle; and WHEREAS, Tukwila Fire Chief Nick Olivas supports and recommends acceptance of the 1997 Ford Expedition; and WHEREAS, in accordance with RCW 35.21.100, cities are allowed, by ordinance, to accept money and property donations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Donation Accepted. The City of Tukwila hereby accepts the generous donation of a 1997 Ford Expedition from the Valley Regional Fire Authority for use in the Tukwila Fire Explorer program. W: \Word Processing \Ordinances \Donation -1997 Ford Expedition NO:bjs 5/6/11 Page 1 Of 2 207 Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 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 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: \Word Processing \Ordinances \Donation -1997 Ford Expedition NO:bjs 5/6/11 Page 2 of 2 208 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes July 6, 2011— 5: 00 p.m.; Conference Room #3 *Wednesday due to holiday PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Mike Villa, Shawn Hunstock, Marty Grisham, Nick Olivas and Kimberly Matej Guest: Chuck Parrish CALL TO ORDER: Chair Hougardy called the meeting to order at 5:00 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. SCORE Investigative Services Agreement Staff is seeking Council approval to enter into an Investigative Assistance Agreement with all SCORE detention facility member cities (Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila). This cooperative agreement is for investigative services for any criminal or significant activity that that occurs at the SCORE facility and pursuant to RCW Chapter 10.93 (Mutual Aid Peace Officers Powers Act). Investigative needs will be equally shared among member cities as necessary. Misdemeanor crimes will be handled through internal processes. Without this investigative agreement, services would need to be contracted and paid for through an outside entity (i.e.: King County). Legal has reviewed the agreement, and the agreement has been approved by the SCORE Operations and Administrative Boards. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. B. Ordinance Undate: Emergencv Management Staff is seeking Council approval of an ordinance amending existing Tukwila Municipal Code (TMC) Section 2.57 regarding Emergency Management. The proposed draft ordinance addresses discrepancies as identified through the Revised Code of Washington, and updates definitions and duties as appropriate. This section of the TMC was last updated via ordinance in February 2008. The item is returning to Committee from January 19, 2011, when the Committee suggested several areas of the ordinance that needed clarification and/or further definition for application. Those areas have been modified and staff is returning to Committee for additional review. Highlights of changes include: New Section: Mayor's Responsibilities Title Changes Clarification/Specification of Roles (i.e.: changing control to coordination) Staff mentioned that the new ordinance is NIMS compliant. All other City- issued emergency plans will be built off of this ordinance increasing reliability, coordination and consistency of responsibilities. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. C. Donation to Fire Deoartment: Ford Expedition Staff is seeking Council approval to accept the donation of a 1997 Ford Expedition for the Tukwila Fire Explorer Post from the Valley Regional Fire Authority. 209 Finance Safety Committee Minutes Julv 6.2011- Paae 2 Acceptance of this vehicle will allow for the transport of more equipment and Explorers as needed to respond to incident recovery, meetings and other events. Upkeep costs will be absorbed into the Fire Department's current budget. This vehicle will not be considered a City pool vehicle, and will not be funded in the City's vehicle replacement program. UNANIMOUS APPROVAL. FORWARD TO JULY II COW FOR DISCUSSION. D. Sales Tax Report March/Anril 2011 Receipts Information for March receipts was provided in the Committee agenda packet, and Shawn Hunstock distributed the April report at the meeting. Sales tax receipts for both March and April increased compared to the same months last year as well as budget. Actual receipts were up $274,000 from budget in March and $150,000 in April. As of April, receipt totals are up by 12% cumulative for the year. Additionally, the City continues to receive mitigation payments. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:39 p.m. Next meeting: Tuesday, July 19, 2011 5:00 p.m. Conference Room #3 Mint 4 Committee Chair Approval sb AM. Revi ewed by SH and MG. 210 Upcoming Meetings Events July 2011 Ilth (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15th (Friday) 1 16th (Saturday) Community Utilities Cmte, 5:00 PM C.A.S.T.T performances Affairs &Parks Cmte, 5:0 #I) (Comrrrnunity Acted Sumner Theatre in 5 Tukwila) 00 PM (CR #3) Tukwila Held at Foster Performing Arts Center International July 15 and 16 at 7:00 PM Boulevard Admission is FREE, but canned food Action Cmte, will be collected at the door for the CANCELLED 7:00 PM Tukwila Food Pantry (Community For more information call 206- 768 -2822 Center) City Council Committee of July 15, 2011 the Whole Mtg., Deadline is 5:00 PAt for submission of 7:00 PM nomination forms for the "Treasures of (Council Tukwila" award. More information Chambers) available at wivw.tukwilawa.gov. (click on "Headlines'). 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) Transportation Finance Parks Tukwila 18th Annual Cmte, Safety Cmte, Commission, Historical Community 5:00 PM 5:00 PM 5:30 PM Society, Garage Sale (CR #1) (CR 43) (Cornummnity 7:00 PM July 23 24 Center) (Tulnvtla Heritage Cultural r City Council Center, 14475 A Executive Sister City 59"AveS) Session, Cmte, 5:30 PM (Tukwila 6:30 PM Tukwila residents Community hold and shop at Center) yard sales (Rescheduled throughout Tukwila. City Council from Judy 6` Regular Mtg., To see a list of 7:00 PM locations go to (Council Library www.tukwilawa.eov Chambers) Advisory Board, Junk in the Trunk 7:00 PM In conjunction with Registration (Foster Library) the Community deadline for voting in the 2011 Garage Sale, Junk in the Trunk is held at elections: July 18 the Tukwila is the deadline for m Community Center ail in voter registration and parking lot from T o es to 1:00 pm. address changes. To reserve a space please call the Community Center at (206) 768 -2822. Spaces are $25 each. Or just come out to shop! City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 Plvl, Council Chambers at City Hall. Civil Service Commission: Ist Mon., 5:00 PM, Conf. Room #3. Contact Hunnan Resources at 206 -431 -2187. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 93. (A) Energy Lighting Upgrades. (B) Tulna Animal Regulations. Equity Diversity Commission: I st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 106 -433 -1850. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykaia 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. ➢Sister City Committee: Quarterly (7/6 1015), 5:30 PM, Conf. Room #3. Contact Human Resources at 206 -431 -2187. P�-Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. Tukwila Historical Society: 3rd Thurs., 7:00 Pm, Tukwila Heritage Cultural Center, 14475 59 Avenue S. Contact Pat Brodin at 106 -433 -1861. Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 -433 -1872. i Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 (A) NPDES Phase H Municipal Slormwater General Permit Application. (B) 2013 Public Works Trust Fund Loan Application Rehabilitation of the CBD Sanitary Sewer. 211 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. July 5 (Tuesday) 11 18 25 See agenda packet cover sheet for this 6:30 PM T I V S week's agenda EXECUTIVE SESSION EXECUTIVE SESSION (July 11, 2011 Conunittee of the Whole Soecial Presentations: Public Hearine: Meeting) Heart health Shoreline Master presentation (American Program (continued Heart Association) from 6- 27 -11) Update on Global to Suecial Issues: Local Project Shoreline Master A000intments: Program ordinances Reappointments to Equity and Diversity Commission Bid Award: 2010 -2011 Small Drainage Program Unfinished Business: Agreement for Howard Hanson Dam flood response/ Tukwila levee repairs and maintenance Comprehensive Plan amendments (gamsi judicial) (Sabey and Duwamish Hill Preserve Agreement for SCORE Investigative Assistance Emergency Management Ordinance Donation of Ford Expedition to Fire Department 212