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Home My WebLink AboutCOW 2018-12-10 COMPLETE AGENDA PACKETTukwila City Council Agenda A \ I90 COMMITTEE OF THE WHOLE •+• Allan Ekberg, Mayor Counci/members: ❖ Dennis Robertson ❖ Kathy Hougardy David Cline, City Administrator •:• De'Sean Quinn Kate Kruller Verna Seal, Council President •:• Thomas McLeod ❖ Zak Idan Monday, December 10, 2018; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 3. SPECIAL ISSUES a. City Council year-end report. b. An amendment to the contract with Weinstein Architects and Urban Designers for fire stations. c. An ordinance modifying the standards for private residential rental program inspectors. d. An ordinance amending Ordinance No. 2447, "Code of Ethics for Elected Officials," to create the position of Ethics Officer. e. A resolution adopting the City of Tukwila Neighborhood Traffic Calming Program. Pg.1 Pg.13 Pg.27 Pg.45 Pg.55 4. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 5. MISCELLANEOUS 6. ADJOURN TO SPECIAL MEETING •: SPECIAL MEETING �►: •:• Ord #2598 •:• Res #1954 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Vouchers b. Authorize the Mayor to sign Amendment No. 3 to contract #18-049 with BNBuilders, Inc., for demolition of the Travelodge as part of the Justice Center project, in the amount of S175,100.00. [Reviewed and forwarded to Consent by the Public Safety Committee on 12/3/18.J (continued...) Pg.73 SPECIAL MEETING December 10, 2018 Page 2 2. CONSENT AGENDA (cont.) c. A resolution adopting the City's 2018 Comprehensive Emergency Management Plan (CEMP). [Reviewed and forwarded to Consent by the Public Safety Committee on 12/3/18.] d. Authorize the purchase of Fire Department replacement extrication equipment in the amount of $113,000.00. [Reviewed and forwarded to Consent by the Public Safety Committee on 12/3/18.] e. Impact fees: (1) An ordinance amending Ordinance No. 2571 to update the Fire Impact Fee Schedule as codified in Tukwila Municipal Code Chapter 16.26 as Figure 16-1, "Fee Schedule." (2) An ordinance amending Ordinance No. 2572 to update the Parks Impact Fee Schedule as codified in Tukwila Municipal Code Chapter 16.28 as Figure 16-1, "Fee Schedule." Pg.87 Pg.95 Pg.103 Pg.107 Pg.111 Pg.13 pg.27 Pg.45 Pg.55 Pg.119 [Reviewed and forwarded to Consent by the Finance Committee on 12/4/18.] f. Authorize the Mayor to sign Amendment No. 2 to contract #17-068 with Weinstein Architects and Urban Designers for Fire Stations 51 and 52, in the amount of $383,462.00. [Reviewed and forwarded to Consent from tonight's Committee of the Whole Meeting.] g. An ordinance modifying the standards for private residential rental program inspectors, amending various ordinances as codified in Tukwila Municipal Code Chapter 5.06.050. [Reviewed and forwarded to Consent from tonight's Committee of the Whole Meeting.] h. An ordinance amending Ordinance No. 2447 as codified in Tukwila Municipal Code Chapter 2.97, "Code of Ethics for Elected Officials," to create the position of Ethics Officer. [Reviewed and forwarded to Consent from tonight's Committee of the Whole Meeting.] i. A resolution adopting the City of Tukwila Neighborhood Traffic Calming Program. [Reviewed and forwarded to Consent from tonight's Committee of the Whole Meeting.] j. Authorize the Mayor to sign the collective bargaining agreement with the Fraternal Order of Police representing the Police Commanders for 2017-2018. 3. NEW BUSINESS For Consent Agenda items only. 4. EXECUTIVE SESSION — Property Sale or Lease — Pursuant to RCW 42.30.110(1)(c) — 30 minutes 5. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.00v) HOW TO TESTIFY When recognized by the Presiding Officer 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 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included an the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. 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. Members of the public 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 that 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. COUNCIL MEETING SCHEDULE 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. and Special Meetings. Official Council action in the fonn of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Initials ----- --------------- ------- !Vleetirzg Date Prepared by Mayor' review Council review 12/10/18 LH ,vl� ITEM INFOR ATION ITEM No. 3.A. S£i i i SPONSOR: LAUREL HUMPHREY ORI IN'END c1 DA'I°r : 12/10/18 AGENDA I i i;NI TITLE, City Council Yea End Report. C,1TI GORY Discussion 12/10/18 ❑ Motion Mtg Date ❑ Reeoltttton Mg Date $ Ordinance ❑ BidAward Mtg Date 0 Public Hearing Mg Date E Other MtLg Date Itg Date Mtg Date SPONSOR ►iCouncil or CI-IR EDCD CPzna e TS [P&R CPolite ❑PW E our1 SPONSOR'S The Council President and Chairs of the four standing Council Committees will report out SUMMARY on 2018 accomplishments. ED BY C.O.W. Mtg. 0 CDN Comm Finance Comm. Comm. CHAIR: ALL / Public Safety Comm. F1 Trans &Infrastructure ❑ Arts Comm. -DEC 2018 El Parks ❑ Planning Comm. DATE: Nov COMMITTEE RECOMMENDATIONS: SPONSOR/AD\IIN. Co,Mmil-ria'. COST IMPACT / FUND SOURCE EXPENDI"I URi: REQUIR1,D AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/18 MTG. DATE ATTACHMENTS 12/10/18 2018 Public Safety Committee Work Plan 2018 Finance Committee Work Plan 2018 Community Development & Neighborhoods Committee Work Plan 2018 Transportation & Infrastructure Committee Work Plan 2 Tukwila City Council Public Safety Committee - 2018 Work Plan Description Qtr Dept Action or Briefing Status%Notes 1. Public Safety Plan • FS 51 Schematic Design • DBE/Diversity Update • Apparatus purchases • Justice Center contracts (GC/CM. ancillary) • Due diligence • HazMat Consultant • SEPA Consultant • FS Design Development & DD estimate • JC Schematic Design & SD estimate • Public Works A&E • Station 54 Alternatives 1-4 Multiple A, B Numerous associated items 2. Postal Service MOU for K9 Narcotics Interdiction Program 1 PD A Complete 3. Unmanned Aircraft Systems Update 1 PD B Complete 4. Fire Service Charge - HazMat Response 2 FD A Complete 5. New Crime Map Software 1 PD B Complete 6. Knox Box Upgrade/electronic key system 1-2 FD A Complete 7. Body Camera Program Briefing & Update 2 PD B Complete 8. False Auto Fire Alarm Billing 2 FD A Postponed 9. Online Crime Reporting 2 PD B Complete 10. Temporary Weapon Storage at Court 2 PD A Complete 11. Fireworks Approvals 2-3 FD A 4ch of July/Special Events; Complete 12. JAG Grant - Unmanned Aircraft 3 PD A Complete 13. Prosecution Services Contract 3 Mayor A Complete 14. Policy position on State Marijuana Sales Tax Distribution 3 Council A Complete 15. 2019-2020 Budget Components: Court, Fire Impact Fee, Public Safety Plan, PW Shops Funds, PD, Drug Seizure, Fire, Firemen's Pension 3-4 Multiple A Priority -Based Budgeting; Complete 16. Red Light Cameras Pilot Program 3-4 PD A Finish in 2019 17. Police Department SWAT Vehicles Purchase 4 PD A Complete CO City of Tukwila Updated December 4, 2018 Tukwila City Council Public Safety Committee - 2018 Work Plan 18. Grant Funding for Disposition Research Specialist 4 PD A Complete 19. King County Inquest Process Change 4 PD B Complete Standard Reports/Briefins Frequency Dept. Police Department Briefings Quarterly PD Fire Department Briefings Quarterly FD Code Enforcement Briefings As needed Complete Fire Department Annual Report 1st Qtr Complete City of Tukwila Updated December 4, 2018 TUkm/'|a City {_C�U��'| �'[l��[� �_C��[D'ff�� — �O1A VVC��k plan `/ - - _-_- . ' Description Qtr Dept Action or Briefing StatuslNotes I, Employee Compensation pOUcV 1-4 CNCL/HR A Complete 2. Public Safety Plan Financial Analysis &Plan l FIN A Complete 3. Revenue Considerations 2-4 FIN A Complete 4. UTG{)Bond |ssuance/Potentiai FIN A 2029 5. Impact fee code amendment 1-2 FIN A Complete 6. Fleet policy Z Multiple A Postponed 7. SI/S0IFund (8ene- 'Update 2 HR 8 Postponed 8. UnbudgetedEqWipnncqtor�iXedAsset|tenTs ' PoUcv/{}u3rter|»Report 2 FIN A Complete y. Capitalization policy 2 FIN A 20I9 10. Parking tax penalty & Fee revision 3 FIN A Complete lI. Technology Advisory Services Contract 3 T|S A Complete IZ Strateg�cPianUpdate-BudgetPriorities 3 AU A Complete 13. Indirect cost allocation model review 3 FIN B 2019 14. Business License Review and Possible Update 3'4 FIN A Complete 15. Priority -Based Budget Components • AdMninistratiVU/CUUnd\ • HR • Finance • TiS • Special Revenue Funds ~ Hea\thcare/Lenff 3'4 Complete 16. 20l9-2028Priority-Based Budget 4 CN[L/F|N A Complete 17. Resolution cancelling uncoUectib\eaccounts 4 FIN A Complete 18. Resolution cancelling unclaimed property 4 RN A Complete 19. Land Sate Process: Travelers Choice, LnngacnasParcel, Allentown fire station l ED ' A Complete 20. Labor Relations and Interim HRDirector Contracts 4 HR A Complete 21. Gambling Tax Update 4 FIN A [onnphhe 22. Cashiering System Upgrade 4 FIN A Complete 23. 2OIOBudget Amendment 4 RN A Complete 24. Prosecution Services Contract 4 Mayor A Complete Cn City of Tukwila Updated December 5,2018 Tukwila City Council Finance Committee - 2018 Work Plan 25. Public Defense Services Contract 4 Mayor A Complete 26. City Attorney Services Contract 4 Mayor A Complete 27. Sound Cities Association Lease 4 Mayor A Complete 28. Alliance One Lease 4 Mayor A Complete 29. Financial Policies Update 4 Council A Complete 30. Business License Services Agreement with State 4 FIN A Complete 31. Health Care Broker Contract 4 HR A Complete 32. Storm & Surface Water Billing Transition 3-4 FIN A Complete 33. Tax Levy Legislation 4 FIN A Complete 34. Budget Adoption Legislation 4 FIN A Complete Standard Reports/Briefings'! Frequency Dept. Revenue and Investment Reports Quarterly FIN Financial Results Annual/Quarterly FIN Department Budget to Actual Reports Monthly FIN Fire/Police Budget Quarterly FIN/PD/FD Committee work plan 2-4 x Council Technology & Innovation Services Quarterly TIS Public Safety Bond Financial Oversight Committee Report(s) City of Tukwila Updated December 5, 2018 Tukwila [`it«[-�U��'|C{}[��U�'fuF1�V�|n�[��nf��0�'��b��n��00��i+��_�O1�0V��|an ^ � r — Neighborhoods - Committee ----'' ''' ' Description Qtr Dept Action or Briefing Status/Notes I. S2 Sponsorship Final Report I ED B Complete Z, Tree Code Update Ordinance l DCD A Complete l ADU Amendments l DCD A Complete 4, Short Term Rental Regulations I DCD A With Planning Commission S. Pest control implementation briefing I DCD B Complete 6. Municipal Arts Plan l PR A Complete 7. Foster Golf Links Fees l PR ' A Complete 8. Foster Golf Links Bridge Naming l PR A Complete 9. Parks Department Fleet Purchases I P&R A Complete lO. Golf &Recreation Fleet 1 PR A Complete ll. Foster Golf Change Fund Increase l PR A Complete 12. Residential Definitions Code Update 1-2 DCD A With Planning Commission 13` CDBGMinor Home Repair Application 1-2 HS A Complete 14. Zoning Considerations for Shelter Locations; Regional response 1ohomelessness 1-2 DCD B COW requested pres.onregional efforts 5t2; 8/5/1QCOW Complete. 15. Ryan Hill Study - Review Development Options 2 DCD A Complete 15. Small Animal Regulations 2 DCD B Complete 17. Development standards for Tukwila South Overlay` Z DCD A Complete l8. Homestead Land Trust Development Agreement 23 DCD A Committee briefed 3/27 19. 2Ol9-Z02OBudget Components: Parks, DCD, Golf, Urban Renewal, Land Acquisition, Lodging Tax 3-4 Multiple A Priority Based Budgeting 20. Permit Tracking Software Briefing 3 DCD B Complete; RFOresults in2Ul9 -4 City of Tukwila Updated November 30, 2018 Tukwila C'f« /-C}Un['| /-C��D�DUD't« [1��|{�O��{��t �� J�'��^{3[�(]{�/�� /`QOl��'t1p� _ �O1 � N6�� »|aD ' ^ , Neighborhoods Committee ---- - ' 21. Comprehensive Plan Implementation 3 DCD B Shoreline, critical areas, TlBinIOl9 22. South King County Affordable Housing/Homelessness Partnership Proposal 4 Mayor A November 23. Sound Transit - Light Rail, Parking, DA 4 DCD 8 UpdateI2/ll 24. DffstneetParking Code Amendment 4 DCD A Complete 25. Tukwila Village nonprofit 4 ED A Partnership with SHAG, Lease option authorized T/l6;Committee update I2/lI 26. Human Services Contracts 4 HS A Following Budget Adoption; scheduled l2/ll 27. Hearing Examiner |ntednca|Agreement 4 DCD A Complete 28. Economic Development Plan 4 ED A Committee Update 12/1I 29. Lodging Tax Funding AppUcatiuns/[ontracts 1-4 ED A Applications accepted onrolling basis 30. 5nuthcenter50mPlanning Briefings 1'4 ED B Ongoing through Summer ZOl9 31. T|BPlan Implementation I019 DCD A Briefing 9/I5/I8;COW lU/8/l9 32. Cottage/Compact Housing Ordinance 2019 DCD A Homestead could pilot; 20l9 33. Sensitive Areas/ShoreUneCode Amendments 2019 DCD A With Planning Commission; tu20l9 Reports/Briefings, �'`'��' �'� ' ` �'� �� Standard -~'�' '~ ��. `'� �'�/ Dept. ' ��^^�"^'`�`' "'��'�' ''�:`��''�/' � `' '' �`�'' �`'`��` ~~ Tukwila Works Mayor Septennber20l8 Complete Code enforcement Updates DCD October 2Ol8-Complete UnbudgetedCapital Purchases Multiple Resolution l950revised definition ll/l9/l8 Healthy Tukwila Updates Parks Grant Cycle Complete AfteochooiProgram Updates Parks May 29`20l8-Complete l0-k4inuteWalk Updates Parks Ju\yZ4`I0I8-Connpie1e Transportation Demand Management DCD September 20l8-Complete South King Housin8&Homelessness Partnership HS March Z8'20IO Complete Parks Grant Applications &Agreennents Parks Ongoing Parks Capital Projects Updates Parks Ongoing City of Tukwila Updated November a\zmu Tukwila City Council Transportation & Infrastructure Committee - 2018 Work Plan Description Qtr Action or Briefing Status Transportation 1. 42nd Avenue South Phase III/Gilliam Creek Culvert Progress — updated information 1 B Complete Authorize expenditure of additional budget in 412 fund 3 A Complete Project Close-out 4 A May 2019 2. ADA Improvements Bid award 3 A 3, Annual Overlay and Repair Program 2017 Project Closeout 3 A Complete 2018 Project Closeout 2019 Pavement Management 2 B Complete Bid Award for 2018 Program 2 A Complete 2019 Design Contract 4 A Complete 4. 53rd Avenue S (S 137th — 5144th St) & Water/Sewer/SSWM Seattle City Light Agreement 1 A Complete Bid Award 1 A Complete 5. Annual Bridge Inspections and Repairs Bid Award 2 A No Committee, under $40k Additional design work due to settlement 2 A Complete Project Closeout 4 A 7. Major Maintenance on 3 Bridges Project Closeout 4 A 2019 8. Road over BNRR Bridge Rehab Project Closeout 4 A 2019 9. TUC Ped/Bike Bridge Project Closeout 4 A 2019 10. S 144th St Phase II (42"d Ave S — TIB) Project Closeout 4 A 2019 11. Cascade View Safe Routes to School Phase II Project Closeout 1 A Complete 12. Neighborhood Traffic Calming Program Various activities/updates 1-4 A Ongoing; gathering speed data Stop sign/Crosswalk Cost Overview 2 B Complete City of Tukwila Updated November 30, 2018 Tukwila City Council Transportation & Infrastructure Committee - 2018 Work Plan Draft Resolution 4 A Complete 13. Strander Blvd Extension Phase 3 Authorize grant application for Federal funds 1 A Complete Contract for Value Engineering Services 2 A Complete Ongoing status reporting 1-4 B Complete 14. Baker Boulevard Non -Motorized Improvements Project closeout 3 A Complete 15. BNSF Access Briefing 3 B Requested by Committee 5/29 Add to 2019 16. OTHER Grant Applications and Acceptances 1-4 A Ongoing Transportation Demand Management Programs Updates & Grants 1-4 A,B Complete p Transportation Improvement Program Resolution 2 A Complete Surplus Equipment Resolution - Fleet 2 A Complete West Valley Highway (1-405 to Strander) Grant 2 A Complete Tukwila International Boulevard-Rechannelization 3-4 B Ongoing; Return to 2019 Committee Concurrence Modeling Contract 3 A Complete King County Metro Community Connections Project 3 B Complete 2019-2020 Budget Components: Residential Street, Arterial Street, Public Works, Fleet, Water, Sewer, Surface Water 3-4 Priority Based Budgeting; Complete SeaTac Airport Study (Budget Proviso) & ILA 4 A Complete S 140th St Intersection Improvements — crosswalk(s) near Abu Bakr Islamic Center 2-4 A Ongoing in 2019 2019 Citywide Legislative Agenda 4 A Complete Interurban Avenue South Project Completion 4 A Complete Resident concern — roadway near E. Marginal Way Bridge 4 B Complete Utilities 1. 58th Avenue South Water Main Replacement Bid Award A Continue in 2019 Project closeout A 2. CBD Sanitary Sewer Rehabilitation Design 2018-A 1 A Complete Project closeout 4 A 2019 3. Sewer Lift Station #2 Upgrades City of Tukwila Updated November 30, 2018 Tukwila City Council Transportation & Infrastructure Committee - 2018 Work Plan Bid Award 3 A Continue in 2019 4. GIS Inventory of Sewer System 2018 Contract 1 A Complete S. Annual Small Drainage Program Closeout 2017 3 A Complete Design 2018 1 A Complete Bid Award 2018 3 A Complete 6. Tukwila 205 Levee Certification Ongoing reporting 1 B Ongoing 7. Chinook Wind Ongoing reporting and grant activities A, B Riverside residence. King County bought for restoration, mitigation site. King County doing design 2018. Ongoing. 7. Waste Management Contract Update provided 8/13 9. OTHER Water Asset Management Briefing 1 B Duwamish Gardens Habitat Restoration Project Completion 1 A Complete Loop Area Sewers Updates 1-4 A, B Complete Briscoe Desimone Levee Updates 1-4 B Ongoing Macadam Road S. Water Upgrade Bid award A Continue in 2019 Water Reservoir & Pump Station Study 2 A Complete Annual sewer repair program 2-4 A Ongoing Reclaimed water at golf course Parks Dept. — Pilot ongoing Riverton Creek Flapgate Removal updates & grants 2-3 A, B Complete Franchise Agreements Ongoing Stormwater Quality Retrofit Project Updates and grants 3 A Complete Green the Green Project Construction Contract 3 A Complete Small Cell Technology Regulations 4 A Ongoing 10. Standard Reports/Briefings Frequency Dept. Facility Tours As needed PW SCATBD Monthly CM Hougardy/Laurel Committee Work Plan 2-4X Council, Staff Waste Management Update Annual PW NPDES Annual Complete City of Tukwila Updated November 30, 2018 12 COUNCIL AGENDA SYNOPSIS -- - - - -- ---- --- Meeting Date Prepared lzy Mayor)- review Council review 12/10/18 RB C,A) ITEM INFORMATION ITEM No. 3.B. & Spec 2.F. Si Al+ SPONSOR: RACHEL BIANCHI ORIGINAL AGF,NDA DATE: 12/10/18 AGENDA I 1 EM TFI I,F, Amendment to Weinstein Architects & Urban Designers contract #17-068 CA fl,GORY 2 Discussion 12/10/18 a Mallon Date 12/10/18 Reiolution Ordinance El Bid Award ARA Date El Public Hearing 211t,g Date 0 Other NI tg D a te Mtg Date Ally AN Date Alt,g Date SP )NSOR ECouniI eillayor E HR ODCD Finance Fire DI'S OP&R EPolice EPW ECthini Si) oNSoR' s Staff is seeking approval on an amendment to Weinstein Architects and Engineering SUMMARY contract to align with the Washington State Architect and Engineering Fee Guidelines. RI ,VIEWI ,D BY E C.O.W. Mtg. E CDN Comm E Finance Comm. [1] Trans &Infrastructure E Arts Comm. E Parks Comm. DATE. 12/3/18 COMMITTEE CHAIR: HOUGARDY 14 Public Safety Comm. El Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. Commi Mayor's Office nil' Forward to C.O.W./Special Mtg of 12/10/18 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: N1TG. DATE RECORD OF COUNCIL ACTION 12 10/ 8 MTG. DATE ATTACHMENTS 12/10/18 Informational Memorandum dated 11/28/18 Weinstein Architects & Urban Designers Amendment No. 2 to Contract #17-068 Minutes from the Public Safety Com. Meeting of 12/3/18 13 14 a 905 TO: FROM: CC: DATE: City of Tukwila INFOR ATIO AL E ORA DU Public Safety Committee Rachel Bianchi, Deputy City Administrator Mayor Ekberg November 28, 2018 Allan Ekberg, Mayor SUBJECT: Architect's Amendment # 2 to Contract #17-068 for Fire Stations #51 & #52 ISSUE The City issued the architect's and engineering (A&E) contract with Weinstein Architects and Urban Designers (WAU) for the design of three fire stations in April of 2017. At that time, the contract was based on the City's original 2016 estimates for the three fire stations. The contract was amended July 2018 to reflect the updated construction costs, as well as the deletion of the new Fire Station 54. However, at that time the additional costs to stations 51 and 52 resulting from removing Fire Station 54 (approximately 5% per station) were inadvertently left out, resulting in the need to update WAU's contract to reflect the firm's actual fees, which are tied to the construction costs. In addition, there are some additional fees previously discussed with Council for making Fire Station 52 a drive -through station and retaining various alternates associated with each station. The Council is being asked to approve a contract amendment with WAU for the increase in the amount of $383,462 in order to compensate the A&E team according to the Washington's State's A&E Fee Guidelines for their services, as well as some additional services required to carry out the project designs. This increase is within the existing budget for Fire Stations 51 and 52. BACKGROUND In November of 2016, the voters in Tukwila approved the City's Public Safety Bond as a part of the overall Public Safety Plan. Included in the bond is funding for building three fire stations to reduce the risk of earthquake damage and provide equitable and improved response times. By early summer of 2018, the design team completed the programming, site analysis and estimating for the three stations. Last July, the Council directed the team to remove Fire Station 54 from the Public Safety Plan. The Schematic Design, Design Development and most of Construction Documents phases of station 51 has been completed. The Schematic Design phase of station 52 is well underway. For station 51, the GCCM is planning to bid the subcontractor packages starting in January, and the start of construction is scheduled to begin in late March. For station 52, the early site work is scheduled to start in summer of 2019, and the building construction will follow in the late fall/early winter. The total original contract amount was proportionally based on the construction costs (including tax and pre -construction costs) which was approximately $15.36M for three stations. The updated construction cost estimate for station 51 & 52 is approximately $ 20.1M. This estimate includes the additional costs to accommodate the drive -through design for station 52, as well as all the alternates approved by the council. The previous contract amendment did not include the necessary fee increase to reflect the higher construction budget and must be amended to align with the Washington State's A&E Fee Guidelines. 15 INFORMATIONAL MEMO Page 2 This increase is included within the Council approved overall project budget of $13.273M for station 51 and $19.260M for station 52. No additional project budget increase is requested for this amendment. RECOMMENDATION The Public Safety Committee is asked to approve the contract amendment no. 2 for services with Weinstein AU. The staff asks that the contract be moved to the December 10, 2018 Committee of the Whole meeting and subsequent Special meeting that same evening ATTACHMENTS Proposed Amendment No. 2 to Contract 17-068 16 WA2018 Info Memos\Weinstein Amendment 2 Memo to Council.doc SECOND AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILA FIRE STATIONS 51, 52, AND 54 PROJECT This Second Amendment (the "Second Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA, WASHINGTON ("City"), and WEINSTEIN AU, LLC ("Architect"). This Second Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated April 19, 2017 (the "Agreement"). This Second Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this Second Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Basis for Amendment. The original compensation for the Architect in the Agreement was based on the construction costs for three fire stations and calculated with Washington State's A/E Fee guidelines. The First Amendment deleted one fire station (Fire Station 54) from the Agreement, but increased the compensation amount due to increased project costs on the remaining two fire stations (Fire Station 51 and Fire Station 52) and additional services requested by the City. This Second Amendment increases the compensation for the Architect according to Washington State's A/E Fee guidelines because of increased project construction costs and identifies the fees the City had incurred for Fire Station 54. This Second Amendment also increases the compensation for the following additional services approved by the City: AS13a FS51: Southcenter Pkwy Redesign Scope Adjustment $6,079 AS16 FS54: Rehab Concept Scope Development $1,563 AS17 FS52: Drive -Through Added Drilling $10,120 AS18a FS51: Additional Civil Scope $12,760 AS18b FS52: Additional Civil Scope $16,500 AS20 FS51: Site Alternates Documentation Fees $37,360 Second Amendment Additional Services $84,382 2. Compensation. Architect's compensation for the Project shall be increased by a net total of Three Hundred Eighty -Three Thousand Four Hundred Sixty -Two Dollars ($383,462). Accordingly, Architect's total compensation for the Project will not exceed Two Million Eight Hundred Sixty -Eight Seven Hundred Sixteen Dollars ($2,868,716), as further described in the A/E Fee Reconciliation Summary dated November 26, 2018, which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit B Article 11, shall be revised accordingly. {AET1822272.DOC;2/05720.000001/ ) 17 The Table of Fees on Page 5 of the Agreement shall be revised to read: FS 51 Design and Construction $1,027,750 FS 52 Design and Construction $1,370,308 Subtotal $2,398,058 First Amendment Additional Services $148,051 Second Amendment Additional Services $84,382 Subtotal $232,433 Programming Phase (completed) $155,116 Site Selection (completed) $83,109 Subtotal $238,225 Total Fee $2,868,716 3. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this Second Amendment as shown below. CITY OF TUKWILA WEINSTEIN AU, LLC Allan Ekberg, Mayor By: (Signature) Printed Name: Title: Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney {AET1822272.DOC,2/05720.000001/ } 2 18 Exhibit A Please see the attached A/E Reconciliation Summary, dated November 26, 2018 {AET I 822272.DOC;2/05720.000001/ } 3 19 20 TUKWILA FIRE STATIONS Weinstein A+U FS51 Additional Services Summary, Amendment #2 11/26/18 Basic Fee Change Fee Increase per MACC $105,318 Reduced CA Fee -$10,000 $95,318 AS13a FS51: Southcenter Pkwy Redesign WHPacific $5,526 Scope Adjustment WAU Mark-up $553 TOTAL $6,079 AS16 FS54 Rehab Concept Scope Development K. Wild, 12,5hrs $1,563 TOTAL $1,563 AS18a FS51 Additional Civil Scope LPD $11,600 WAU Mark-up $1,160 TOTAL $12,760 AS20 FS51 Site Alternates Documentation Fees LPD $19,800 Swift $14,164 WAU Mark-up $3,396 TOTAL $37,360 TOTAL $153,080 21 TUKWILA FIRE STATIONS Weinstein A+U FS52 Additional Services Summary, Amendment #2 11/26/18 FS52 MACC Calculation (per Lydig conceptual estimate of 8/23/18) Total cost of work $8,996,885 Admin Build -out $450,000 -27% for CA phase -$121,500 TOTAL $9, 325, 385 Sub bonds 1.50% $139,881 SUBTOTAL $9,465,266 Design Contingency 10.00% $946,527 SUBTOTAL $10,411,792 L&M Escalation - January 2020 $460,310 L&M Escalation - Early Start July 2019 $154,971 SUBTOTAL $11, 027, 073 CM Contingency 3.00% $330,812 Neq. Support Services $300,000 MACC TOTAL $11,657,886 Basic Fee Change Fee Increase per MACC $213,762 Reduced CA Fee -$10,000 $203,762 AS17 FS52 Drive -Through Added Drilling Hart Crowser $9,200 WAU Mark-up $920 TOTAL $10,120 AS18b FS52 Additional Civil Scope LPD $15,000 WAU Mark-up $1,500 TOTAL $16,500 TOTAL $230,382 22 Weinstein A+U Tukwila Fire Stations Fee Proposal FS51 Fee Calculation Amendment #2 Baseline Building Area Site Area Project (MACC) per 8/15/18 Estimate NE Base Service Per WA State Fee Schedule 2015 - Type'B" Assumes a 15 Month Construction Period Percent Fee Total Base Fee b Phase November 26, 2018 BASIC SERVICES (Scope per State Fee Schedule Guidelines) Description Architectural Consultant Budgets Structural Specifications Mechanical, Plumbing & Fire Protection Electrical, Fire Alarm and Lighting Civil (Basic Scope) BASIC PHASE SUBTOTALS Firm Weinstein AIU Swenson Say Faget Axt Greenbusch Travis Fitzmaurice LPD 11,933 SF +/- 85,000 SF $8,457,576 8.23% COMPLETE COMPLETE 18% 25% $125,291 $174,015 $180,975 $13,921 Fi 02747 26% 2% 27% Total Basic Fee = $650,496 Total Extra Services = $355,131 Total Reimbursable Allowar $22,124 2% $187,936 $13,921 Construction Bidding + Contract Documents Negotiation Administration Close Out 58,241 80,890 107,745 8,256 12,996 18,050 16,718 1,286 4,500 6,250 15,834 1,250 18,057 25,079 22,732 1,749 1 1, 340 15,750 16,380 1,260 1,064 1,506 1,566 120 147,525 122,500 8,673 17,361 5,833 23,606 17,010 1,626 ,936 1,286 833 1,749 1,260 120 2 100% $696,059 %AxC-C, TOTAL $386,305 $67,697 $34,500 $92,972 $63,000 $6,022 50,496 EXTRA SERVICES SUBTOTAL (See following page for detail) $355,131 REIMBURSABLES ALLOWANCE Reimbursable allowance - Fixed Fee (2% of Total Fee) SUBTOTAL Wf Vt/AU Mult,p)ter 10%. WAU $20,113 TOTAL FEE PROPOSAL $1,027,751 Previous Basic Fee Total Delta $932,433 $95,318 infiriciss TFS MainContractFeeRevision November18 FINAL Printed: 11/26/2018 Weinstein A+U Tukwila Fire Stations Fee Proposal FS52 Fee Calculation Amendment #2 Baseline Building Area Site Area Project (MACC) per 8/23/18 Estimate NE Base Service Per WA State Fee Schedule 2015 - Type "B" Assumes a 15 Month Construction Period Percent Fee Total Base Fee b Phase November 26, 2018 15,500 SF +/-60,000 SF $11,657,886 7.87% 16 $165,146 25% $229,369 26% $238,544 I'Fi 2% $18,350 27 $247,718 Total Basic Fee = $917,476 Total Extra Services = $423,334 Total Reimbursable Allowar $29,498 2% $18,350 100% $917,476 BASIC SERVICES (Scope per State Fee Schedule Guidelines) Description Firm Schematic Design Construction Bidding + Contract Close Out Design Development Documents Negotiation Administration TOTAL Architectural Consultant Budgets Weinstein AIU 113,633 157,824 164,137 12.626 170,450 12,626 $631,296 Structural Specifications Mechanical, Plumbing & Fire Protection Electrical, Fire Alarm and Lighting Civil (Basic Scope) BASIC PHASE SUBTOTAL. Swenson Say Faget Axt Greenbusch Travis Fitzmaurice LPD 15,385 21,370 22,225 1,710 23,080 1710 1,406 1,953 2,969 234 1,094 156 21,501 29,862 31,056 2,389 32,251 2,389 11,700 16,250 16,900 1,300 17,550 1,300 1,519 2,110 2,194 169 2,279 169 65,144 229,369 239,481 18,428 246,703 1 $85,480 $7,812 $119,448 65,000 $8,440 ,476 EXTRA SERVICES SUBTOTAL (See following page for detail) $423,334 REIMBURSABLES ALLOWANCE Reimbursable allowance - Fixed Fee (2 % of Total Fee SUBTOTAL WtWAU Multiplier 10 WAU $26,816 $29,498 TOTAL FEE PROPOSAL $1,370,308 Previous Basic Fee Total Delta $1,166,546 $203,762 TFS slainContractFeeRevision November18 FINAL Printed: 11/26/2018 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes December 3, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: David Cline, Raejean Kreel, Bruce Linton, Rachel Bianchi, Trish Kinlow, Kim Walden, Chris Flores, Jay Wittwer, Laurel Humphrey CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Resolution: 2018 Comprehensive Emergency Management Plan Staff is seeking Council approval of a resolution that adopt the City of Tukwila 2018 Comprehensive Emergency Management Plan (CEMP). Staff is proposing no changes to the CEMP that was adopted in 2014 at this time, but state law requires renewal every five years in order to maintain eligibility for federal grants. A more thorough review and update will be conducted in 2019. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. B. Fire Department Purchase of Extrication Equipment Staff is seeking Council approval to purchase four sets of extrication equipment ("jaws of life") in the amount of $100,590.30 using Public Safety Plan bond funds. The current equipment is fourteen years old and needs replacing. The proposed new equipment is battery powered, more environmentally responsible, stronger, and designed to defeat modern vehicle design and construction. Committee members expressed support for the purchase but requested a single page showing the total cost. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. C. Contract Amendment: Weinstein Architects and Urban Designers Staff is seeking Council approval of Amendment No. 2 to Contract 17-068 in the amount of $383,462 with Weinstein Architects & Urban Designers for the design of the new fire stations. This addition will compensate the A&E team for the approximately 5% of additional costs to Stations 51 and 52 that resulted from the removal of Station 54. There are also some additional fees associated with the Council's decision to make Station 52 a drive -through station and retaining various alternates associated with each station. The increase to the contract is within the existing Council -approved budget for Stations 51 and 52. Mr. Goldblatt stated that this amendment will capture the A&E scope for the rest of the project. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. 25 26 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by ,11a or's evien, Council review 12/10/18 KS ITEM INFORMATION ITEM No. 3.C. & Spec 2.G. STAFF SPONSOR: KIA SHAGENA ORIGINAL AGENDA DATE: 12/10/18 AGENDA ITEM TI TI,E Updating the Residential Rental Licensing Inspection Ordinance CATEGORY 1 DlicuJsion 12/10/18 E Motion Altg Date El Resolution Mtg Date Fri Ordinance Bid Award EI Public Hearing 211t5Date El Other Mtg Date Mtg Date Mt,g Date 12/10/18 MtgDate SPONSOR Council Mayor E1HR 4 DCD Fru n e Fire ['ITS E P&R Police P117 flCourt SP oNsOR' S The revised rental licensing inspection ordinance provides more oversight of Residential SUMMARY Licensing Program inspections conducted by non -city inspectors. Ri ,v I DM U) BY Ei C.O.W. Mtg. i Ell Trans &Infrastructure DATE: 11/27/18 n CDN Comm El Finance Comm. E Public Safety Comm. Comm. El] Planning Comm. CHAIR: KRULLER Arts Comm. El Parks COMMITTEE RECOMMENDATIONS: SvoiNS(-)R/ADMIN. COMMUTER Department of Community Development Unanimous Approval; Forward to Committee of theWhole/Special Mtg COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/ 0 8 MTG. DATE ATTACHMENTS 12/10/18 Informational Memorandum dated 11/27/18 (updated after CDN meeting) Ordinance Rental Inspection Checklist Quadrant Map Minutes from the Community Development and Neighborhoods Committee of 11/27/18 27 28 City of Tukwila I FOR ATIO AL E ORA DU Allan Ekberg, Mayor TO: Community Development and Neighborhoods Committee FROM: Jack Pack, DCD Director BY: Nora Gierloff, Deputy DCD Director and Kia Shagena, Code Enforcement Officer CC: Mayor Ekberg DATE: November 27, 2018, modified after 11/27 CDN meeting SUBJECT: Updated Residential Rental Inspector Requirements ISSUE Proposal to update the requirements at TMC 5.06 to provide more oversight of Residential Rental Licensing Program inspections conducted by non -city inspectors. BACKGROUND In addition to annual licensing, all approximately 4,000 rental housing units in the City must pass an inspection every 4 years, see Attachment C. Properties with up to 4 units may use a City inspector while all larger properties must use a private inspector who meets specific qualifications. The City may also inspect units in response to complaints at other times. In 2017, the City was made aware of a series of insufficient and or incomplete rental inspection reports that were submitted to the City by a private non -city inspector. Since the discovery of this information, the inspector has been removed from the City's list of approved inspectors and has not inspected any additional units. On October 9, 2018 the City received a complaint regarding a four-plex with a collapsed ceiling that was due to a prolonged roof leak. This property had been inspected by the offending inspector in October of 2017. The families were assisted in finding permanent housing and the property owner paid their relocation assistance. The rental housing staff has reached out to property owners whose last inspection was performed by this inspector to offer a courtesy inspection by our inspection staff. Hopefully this will allow us to proactively identify any additional housing safety issues, see Attachment B. While the City's inspection program can identify unsafe or unsanitary conditions in rental units it is also important that tenants communicate any issues directly to their landlords according to the procedures in State law (RCW 59.18). Though retaliation for complaints is prohibited, some tenants are reluctant to request repairs. The City does accept anonymous complaints, however when they are in regard to a specific unit landlords may assume the tenant was involved. In response to the Council's Housing Policy Work Session Tukwila's Human Services staff and the family liaisons from the Tukwila School District coordinated a tenant education training by the King County Bar Association in June 2017. Other sources of information and assistance for tenants include: • Tenants Union of Washington State hotline, walk in clinics, and web site information in Spanish, Somali and Vietnamese; 29 INFORMATIONAL MEMO Page 2 • Northwest Justice Project online information for tenants and landlords in Spanish and Russian and hotline for legal services; • KC Bar Association offers low cost legal assistance and free Neighborhood Legal Clinics with interpretation held in South King County; • Solid Ground free housing counseling services including information on landlord -tenant law; and • Catholic Community Services free legal assistance to low-income residents of King County who are facing eviction. DISCUSSION During the October 23, 2018 Community Development and Neighborhoods Committee meeting the Committee requested staff bring forward proposed updates to the Residential Rental Licensing Program inspection requirements to help mitigate this type of issue in the future and provide the City additional recourse when addressing similar situations. Staff proposes the addition of an audit provision to the code which allows the code official to reinspect units when the inspection report results are in question, see Attachment A. Additionally, staff recommends adding provisions that: 1) Inspectors may not have a financial interest in the properties they inspect; and 2) The City may revoke a rental license if an inspection checklist is submitted to the City that the owner or the inspector knew or should have known was false. FINANCIAL IMPACT The only direct costs would be staff time required to implement and enforce the audit and revocation provisions. This would include the staff time for required reinspections. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the December 10' Committee of the Whole meeting with possible adoption at the Special Meeting that night. ATTACHMENTS A. Draft Residential Rental Licensing Inspection Ordinance B. Rental Inspection Checklist C. Quadrant Map VVA2018 Info M3rnos \RHP Inspections -In foNionfo.docxhttosittulcwIlawa-rny,sharepoini,cornipersonalikiatrshagena:,tukwilfawazgoWDocurnenls1RentaliDRAFT- RHP,,InspectionsInfoMenfo:clocx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, MODIFYING THE STANDARDS FOR PRIVATE RESIDENTIAL RENTAL PROGRAM INSPECTORS; AMENDING ORDINANCE NOS. 2519 §3, 2459 §2, AND 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.06.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's Residential Rental Business License and Inspection Program has been effective in improving the quality of the City's rental housing stock; and WHEREAS, under this program all residential rental units are required to pass a safety inspection at least once every four years; and WHEREAS, approximately 85 percent of these inspections are performed by private inspectors who meet specific certification requirements; and WHEREAS, the City has determined that additional oversight of the private inspectors is desirable to protect the health and safety of Tukwila's renters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Section 5.06.050 Amended. Ordinance Nos. 2519 §3, 2459 §2, and 2281 §1 (part), as codified at Tukwila Municipal Code Section 5.06.050, "Inspection Required," are hereby amended to read as follows: 5.06.050 Inspection Required A. The property owner is responsible for obtaining an inspection of each rental unit and submitting the Inspection Checklist to the code official no later than September 30 of the year the Certificate of Compliance expires. W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs Page 1 of 3 31 B. When a unit changes from owner occupancy to a rental, the inspection must occur before the unit is occupied by the tenant. An inspection is not required the year a Certificate of Occupancy is issued for a newly -constructed building, and thereafter the building will be inspected according to the quadrant in which it is located. C. Owners of complexes with 5 or more units are required to utilize a non -City inspector who. Owners of rental properties with fewer than 5 units may utilize a City inspector or a non -City inspector. Non -City inspectors must meets the qualifications defined herein, and who is be preapproved by the City, and may not have a financial interest in the property. Inspection Checklist to the owner with the application form. The City shall provide the D. The code official shall issue a Certificate of Compliance for rental units that comply with applicable laws based on a submitted Inspection Checklist. If using a non - City inspector, the owner shall be responsible for making the inspection arrangements with the non -City inspector. E. The code official shall audit Inspection Checklists submitted by private inspectors and based on audit results may reinspect units on that property or inspected by that inspector. F. Submittal of an Inspection Checklist that the owner knows or should have known is false may result in revocation of the residential rental business license and penalties defined in TMC Section 5.06.200. G. An Inspector may be removed from the City's approved list for reasons including, but not limited to: 1. Submittal of an Inspection Checklist that the inspector knows or should have known is false. 2. Conviction for any crime that occurs in connection with an inspection. 3. Failure to hold a valid Tukwila business license. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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. W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs 32 Page 2 of 3 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs Page 3 of 3 33 34 Deportment of Community Development Jack Pace, Director RENTAL HOUSING LICENSING PROG • M: INSPECTION CHECKLIST Allan Ekberg, Mayor File # RENT Final Inspection Score PROPERTY OWNER INFORMATION Owner name: Mailing address: DWELLING TYPE: [I] Duplex El Single-family n Triplex n Condominium El Fourplex El Apartments w/ 5 or more units Li Accessory Dwelling Unit 0 RENTAL PROPERTY INFORMATION Rental Address: Property Name: In this dwelling, number of: Bedrooms - Bathrooms - Unit Number: UNIT DOES NOT PASS IF INSPECTION RESULTS IN A TOTAL OF 25 OR MORE NON-COMPLIANCE POINTS • PLIE WIT STANDARD? IPMC A EXTERIOR PROPERTY YES v N/A V NO v N-C PTS COMMENTS 302.1 Clean, safe & sanitary / no uncontained debris • (--C 1 302.2 No standing water or erosion (4 ('— C 1 302,3 Sidewalks/driveways free of hazards (IC C 1 302,4 No weeds in excess of 12 inches (4 C C 1 302.5 No evidence of rodent harborage I vermin infestation C (— 2 302.7 Accessory structures in good repair (4 C C 1 302.8 No junk vehicles/under repair outside garage 64 (— C 1 302.9 Free from graffiti (4 (— ( 1 308 Approved garbage containers with tight fitting lids (--. (.— 1 ec on — Total of Non -Compliance Points IPMC B SWIMMING POOLS, SPAS & HOT TUBS YES v NIA vV NO N-C PTS COMMENTS 303.1 Clean, sanitary, in good repair (4 C C 1 303.2 Enclosure 60" high, with self -closing latch on gate (4C (— 3 Date of last public health inspection (multi -family complexes only): Section B — SWIMMING POOLS, SPAS & HOT TUBS Total of Non -Compliance Points IPMC C EXTERIOR STRUCTURE YES v NIA 1,0" NO v N-C PTS COMMENTS 304.2 Surfaces in good repair (4 CC 1 304.3 Address numbers 4" tall & visible from street 4 C (— 1 304.4 Structural members in good repair (4 (-- C 3 304.5 Foundation walls in good repair 44 C' C 3 304.6 Exterior walls in good repair (ii' (- C 3 304.7 Roof and drainage in good repair (4 (-' (--- 2 304.8 Decorative features in good repair — C. (— 1 304.9 Overhang extensions in good repair (4 ('-- (' 2 304.10 Stairways, decks, porches, balconies in good repair (4 (— C 3 304.11 Chimneys and towers in good repair , tt,—, — ( — ( 2 304.12 Handrails and guardrails firmly fastened C— C C 3 Section C — EXTERIOR STRUCTURE Total of Non -Compliance Points 35 COMPLIES WITH STANDARD? IPMC D DWELLING UNIT ENTRY YES v NIA ✓ NO V N-C PTS COMMENTS 304.15 Exterior doors in good repair; deadbolt locks operable., by knob; deadbolt throw not less than 1 inch ± 2 305.3 Windows and frames in good repair (•`� % 1 305.4 Floor surface in good repair Section D - DWELLING UNIT ENTRY Total of Non -Compliance Points IPMC E LIVING ROOM YES `/ NIA `/ NO V N-C PTS COMMENTS 305,3 Wall surface in good repair i 305.3 Windows and frames in good repair (® f C, 1 305.4 Floor surface in good repair (• f C' 1 402.1 Minimum of 1 openable, approved -size window facing C, C 1 403.1 directly to outdoors. (1) 504,1 No visible mold, signs of moisture or leaks (I C ( 3 602.3 Adequate source of heat (2) (•' ( C�' 25 602.5 605.2 Two separate & remote electrical receptacle outlets C• f , ( 2 404.4.1 Size, in square feet (min. 120 square feet): Section E - LIVING ROOM Total of Non -Compliance Points IPMC F DINING ROOM YES v NIA ✓ NO V N-C PTS COMMENTS 305.3 Wall surface in good repair (®' C ( 1 305.3 Windows and frames in good repair (• C-'` (�' 1 305.4 Floor surface in good repair (i C~' C~ 1 402,1 403 1 Minimum of 1 openable, approved -size window facing directly to outdoors. (1) • - ( 1 504.1 No visible mold, signs of moisture or leaks (® ; { 3 602:3 602,5 Adequate source of heat (2) t('. CV C' 25 605.2 Two separate & remote electrical receptacle outlets (3• C� t 2 Size, in square feet; Section F - DINING ROOM Total of Non -Compliance Points IPMC G KITCHEN / UTILITY YES v NIA v NO v N-C PTS COMMENTS 305,3 Wall surface in good repair (+ (' (� - 1 305.3 Windows and frames in good repair C: 305,4 Floor surface in good repair (• (� ( ' 1 309 Free of insect or rodent infestation CI C� ('' 3 302.E Stove vent connected and functional (-® ( ( 2 403.4 properly 404.2 Has a clear path of not less than 3 feet clearance between counterfronts and appliances or walls • ( t 1 404.7 Has kitchen sink, cooking stove, refrigerator, and •(; { 25 502.1 counter space 504,1 No visible mold, signs of moisture or leaks (•' 505.1 Hot and cold water to all plumbed fixtures (,+ ( • (' 25 605.2 Two separate & remote electrical receptacle outlets C® ( 2 403.5 Clothes dryer exhaust vented properly to exterior (� (� ( 2 505.4 Water heater correctly installed (+ ( (� 3 605.2 Laundry area - one grounded -type receptacle or GFCI (- Section G - KITCHEN/UT/LIT Total of Non -Compliance Points 36 COMPLIES YES V WITH NIA V STANDARD? NO v N-C PTS IPMC H BATHROOM COMMENTS 404.4,3 Separate bathroom with toilet, sink, & tub or shower C C C 25 305.3 Wall surface in good repair (40 C" C 1 305.3 Windows and frames in good repair if; C (— 1 305.4 Floor surface in good repair - (- C 1 403.2 Bathroom and toilet room properly ventilated (Openable window or functional mechanical fan) ' „ ( 2 503.1 Door for privacy, in good repair, securely attached l'l l 1 504.1 No visible mold, signs of moisture or leaks (il C t'll- 3 505.1 Hot and/or cold water to all fixtures • — 25 605,2 Has at least one electrical receptacle 1 This is Bathroom # of total bathrooms in Section H - BATHROOM dwelling unit (3) Total of Non -Compliance Points 0 IPMc YES v N/A v NO v N-C PTS COMMENTS H BATHROOM NO ADD'L 404.4.3 Separate bathroom with toilet, sink, & tub or shower * ; - C 25 305.3 Wall surface in good repair 1 305.3 Windows and frames in good repair ' r . I 305.4 Floor surface in good repair (**I C 'I Am., 'I' ' Bathroom and toilet room properly ventilated (Openable window or functional mechanical fan) r 2 503.1 Door for privacy, in good repair, securely attached C C 504.1 No visible mold, signs of moisture or leaks • (- 505.1 Hot and/or cold water to all fixtures a C C 25 605.2 Has at least one electrical receptacle , This is Bathroom # of total bathrooms in dwelling unit (3) Section H- BATHROOM Total of Non -Compliance Points ipmc YES v NIA v NO V N-C PTS COMMENTS H BATHROOM NO ADD'L 404.4.3 Separate bathroom with toilet, sink, & tub or shower C R ( ,— 25 305.3 Wall surface in good repair , 305.3 Windows and frames in good repair — • Cl 1 305.4 Floor surface in good repair 0 I 403.2 Bathroom and toilet room properly ventilated (Openable window or functional mechanical fan) 2 503.1 Door for privacy, in good repair, securely attached ,--. k0C 1 504.1 No visible mold, signs of moisture or eaks C .ri — 3 505.1 Hot and/or cold water to all fixtures 25 605.2 Has at least one electrical receptacle • 1 This is Bathroom # of total bathrooms in dwelling unit (3) Section H - BATHROOM Total of Non -Compliance Points NOTES 37 COMPLIES WITH STANDARD? IPMC I BEDROOM YES g/ NIA s/ NO V N-C PTS COMMENTS 305.3 Wall surface in good repair • 305.3 Windows and frames in good repair 305.4 Floor surface in good repair ii C C 1 305.6 Door, in good repair, securely attached 1 402.1 Minimum of 1 openable, approved -size window facing • (- 403.1 directly to outdoors, (1) 504.1 No visible mold, signs of moisture or leaks , 602.3 602.5 Adequate source of heat (2) (--- ( 25 605.2 Two separate & remote electrical receptacle outlets k• ( 1 This is Bedroom # of total bedrooms in S'ze, in square feet dwelling unit (3) (min. 70 sq ft per 404.4.1): Section I - Bedroom Total of Non -Compliance Points IPMC YES v NIA v NO V N-C PTS COMMENTS I I BEDROOM I NO ADD'L 305.3 Wall surface in good repair ' 1 305.3 Windows and frames in good repair (ii' (- 305.4 Floor surface in good repair (ii ( 1 305.6 Door, in good repair, securely attached 402.1 Minimum of 1 openable, approved -size window facing - (-- 1 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks Cs' C C 3 602.3 602.5 Adequate source of heat (2) 25 605.2 Two separate & remote electrical receptacle outlets ( C C 1 This is Bedroom # of total bedrooms in S'ze, in square feet dwelling unit (3) (min. 70 sq ft per 404,4.1): ect on I - Bedroom Total of Non -Compliance Points IPMC I BEDROOM NO ADD'L YES v N/A v NO v N-C PTS COMMENTS 305.3 Wall surface in good repair 1 305.3 Windows and frames in good repair C (---- C 1 305.4 Floor surface in good repair C ( C 1 305.6 Door, in good repair, securely attached (.. • r 402.1 Minimum of 1 openable, approved -size window facing ' r 403.1 directly to outdoors, (1) 504.1 No visible mold, signs of moisture or leaks C • 602.3 602.5 Adequate source of heat (2) C (i.' ' 25 605.2 Two separate & remote electrical receptacle outlets r (i' 1 ________ This is Bedroom # of total bedrooms in S'ze, in square feet dwelling unit (3) (min. 70 sq ft per 4044.1): Section I - Bedroom Total of Non -Compliance Points 38 " 305.3 Wall surface in good repair C (0- 305.3 Windows and frames in good repair (7 (*- 305.4 Floor surface in good repair (7, 305,6 Door, in good repair, securely attached (--Nc C 402.1 Minimum of 1 openable, approved -size window facing 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks 3 602.3 Adequate source of heat (2) C_ CO- 25 602.5 605.2 Two separate & remote electrical receptacle outlets C i This is Bedroom # of total bedrooms in S*ze, in square feet Section /-Bedroom Total of Non -Compliance Points |pMC K |�0 n BEDROOM ��NOADD'L YES *�Vw,PTS NIA NO N� COMMENTS 3053 Wall surface ingood repair 14�� 1 385.3 Windows and frames ingood repair (i� C') 1 3O5.4 Floor surface iogood repair (*-- (7 1 305.8 Door, ingood repair, securely attached (O� - C� 1 402.1 403.1 Minimum of1npenob|e.approved-size window facing directly {ooutdoors. (/) J" 5O4.1Nn visible .mold, signs ofmoisture nrleaks Cl6_1� 3 002.3 602.5 Adequate source � oofhoa( � `-~ `~ �l `~� 25 G05.2 Two separate & remote electrical receptacle outlets r` (7 i This is Bedroom# of total bedrooms in in square feeti oxtiom/'Bedroom Total of Non -Compliance Points COMPLIES YES WITH ANOC NIA w/ STANDARD? � pTS |pMC COMMENTS U EFRC|ENCTUND7 0�� NOT �� STUDIO APARTMENT APpL|C 3O53 Wall surface ingood repair /-C* i 3U5,3 Windows and frames in good repair (-0: C 1 3O5,4 Floor surface ingood repair (7 (i�� i 402.1 4031 Minimum uf1operable, approved size window facing dinad�tooutdonm.� (t �� `~ �� `-' �� `-' 1 4O4.G2 Kitchen sink, cooking stove, refrigerator, counter space 35 4O4.0.3 Separate bathroom with toilet, sink, and tub orshower 25 5O41No visible mold, signs nfmoisture urleaks 3 505.4 Water heater correctly installed 3 G023 � 602.6 Adequate source ofheat (2) 25 GO52 Two separate & remote electrical receptacle outlets 1 Size, jnsquare feet: @Wn.size: 220oqft for 2 occupants, 320op0�r3000upen�;3occupen�mmx.per 40�G Section J-EFFICIENCY UNIn3TDD/OAPT Toh�n�Non'Con��ncoPn�� J/� x�� 39 • , • YES V N/A V - NO I,/ • N-C PTS . IPMC K OTHER COMMENTS 402.2 LIGHTING FIXTURES REQUIRED: Public hall - ' C 1 402,2 Interior stairway C. 402.3 Toilet room ( ' 402.3 Kitchen C C 1 402.3 Bathroom • C C 1 402.3 Laundry room (iC. C 1 404 '1 Dwelling provides privacy/separated from adjoining units 25 504.3 No plumbing system hazards found 25 603,1 Mechanical equipment properly installed & maintained 25 603.5 Combustion air supply is adequate for fuel -burning equip — (• C 25 604.1 Unit has electrical service provided by utility (i. C C, 25 604.3 No electrical system hazards found Cs (— C 25 Section K — OTHER Total of Non -Compliance Points n LI IPMC L MEANS OF EGRESS; FIRE PROTECTION YES v NIA v NO v N-C PTS COMMENTS 702.1 Safe, continuous, unobstructed path of travel (i C c 25 702.3 702.4 Doors, bars, grilles, grates over emergency escape openings are readily operable from inside, without keys or special knowledge • C (—. 25 702.4 Adequate emergency egress from all habitable spaces (‘-‘ CC 25 703.2 Fire doors not blocked, obstructed or inoperable :'CC 25 704.2.1 SMOKE DETECTORS REQUIRED: on each story (i C C 25 704.2.2 Inside each bedroom (--- 25 704.2.3 On ceiling or wall outside of each sleeping area C C 25 RCW CARBON MONOXIDE DETECTORS REQUIRED (on 25 19.27.530 each story, in immediate vicinity of each sleeping area) 'ection L — ; Total of Non -Compliance Points NOTES: (1) Screens required on openings used for ventilation. Minimum total glazed area shall be at least 8% of floor area. Openable area shall be at least 4% of floor area. (2) Capable of maintaining 68°F temperature 3 feet above floor & 2 feet inward from center of exterior wall. Space heaters not permitted as only source of heat. (3) For additional rooms, attach supplementary inspection forms as necessary. INSPECTOR COMMENTS: Inspection date: Inspector's signature: Landlord/owner signature: Inspector's name (print): KIA M. SHAGENA )110.- INSPECTION SCORE: Total non-compliance points (25+ points = inspection failure) 0 City will issue "Certificate of Compliance" for units accruing less than 25 points. Units accruing 25 points or more constitute a failure. Landlord has 30 days to correct deficiencies and obtain re -inspection. A unit must pass inspection in order to receive Certificate of Compliance and Residential Rental Housing Business License and be considered fit for occupancy. Certificates of Compliance are valid for four calendar years from date of inspection. Properties must be reinspected prior to expiration. 40 Exhibit 2 City of Tukwila Rental Housing Inspection Deadlines 41 42 Community Development & Neighborhoods Minutes November 27, 2018 D. Ordinance: Rental Housing Certification Inspection Audit Process Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chapter 5.06 to add an audit provision that allows the City code official to reinspect units when inspection reports are in question. The proposal also contains new provisions to prohibit inspectors from having a financial interest in the properties and to allow the City to revoke a rental license if an inspection checklist is submitted that the owner or inspector knows to be false. Councilmember Idan asked if there were other programs that had even more accountability requirements built in and he would like to take the opportunity to strengthen the code as much as possible. Staff noted that rental housing inspection programs are rare and Tukwila's was modeled after Seattle's. License revoking of an occupied unit would be detrimental to the tenants, so the City must strike a balance. Chair Kruller asked if the proposed ordinance addresses the concerns raised by those who submitted this item to the Committee. She is still concerned about inspectors and owners intentionally issuing false or misleading inspection reports. Chair Kruller also raised the possibility of a whistleblower program to protect people afraid to report. Staff stated that anonymous reporting is already a possibility, but the Washington State Landlord -Tenant has specific requirements for tenants and includes anti - retaliation language. Chair Kruller asked what the City can do about immediate safety issues, such as a fallen floor. Staff replied that the City could request an inspection but need permission from the renter or the owner to enter the unit. Staff feels there is misunderstanding in the community about tenant vs. owner responsibilities and has been increasing education and outreach. Councilmember Idan suggested targeting "hot spot" areas where problems are known. He also suggested contacting an inspector's professional organization when the City is aware of poor work. Councilmembers Hougardy and Idan stated support for the proposed ordinance. Councilmember Kruller stated that she does not support it at this time as she believes it does not go far enough to address the concerns she has heard. MAJORITY APPROVAL. FORWARD TO DECEMBER 10, 2018 COMMITTEE OF THE WHOLE. E. 2018 Community Development and Neighborhoods Work Plan Committee members and staff discussed the Committee work plan including items completed and status of pending items. Staff will update the document for Chair Kruller's presentation at the December 10, 2018 Committee of the Whole. DISCUSSION ONLY. Adjourned 6:35 p.m. Committee Chair Approval 43 44 COUNCIL AGENDA SYNOPSIS' ------- --- --------- -- -------------------- -- - - ------ Meeting Date Prepared by Majior:f re i:w Council review 11/26/18 LH 12/10/18 LIFI ITEM INFORMATION ITEM No. 3.D. & Spec 2.H. S I" 111- SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 11/26/18 AGENDA. ITEM TII I,F, Ordinance amending the ethics code for elected officials. CATI, GORY Disci/Jr/on 11/26/18 E Motion illtg Date 0 Resolution il I ts Date Ordinance E] Bid Award Mtg Date [1] Public ffearzng Alts Date [I] Other Mg Date Attg Date Arts Date 12/10 SPONSOR U Council Mayor OFfIZ. ODCD El Finance El Fire ETS EP&R EPo/ice Court SPoNtioR's The proposed ordinance would amend the Ethics Code for Elected Officials to simplify the SUMMARY complaint process by not requiring the Ethics Board to convene until after a determination of complaint sufficiency has been made by an independent Ethics Officer. RI AritAxii,,I) BY IA C.O.W. Mtg. CDN Comm E Finance Comm. Ii] Public Safety Comm. C Arts Comm. E Parks Comm. E Planning Comm. 26/18 COMMITTEE CHAIR: SEAL [1:1 Trans &Infrastructure DATE: 11/ RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT -if L COST IMPACT / FUND SOURCE Exim,NDI JURE RE )UIRLD AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments. MTG. DATE RECORD OF COUNCIL ACTION 11/26/18 Forward to next Regular Meeting with edits 12/10/18 MTG. DATE ATTACHMENTS 11/26/18 Informational Memo dated 11/19/18 Ordinance in Draft form 12/10/18 Ordinance in strike-th u underlined format with updated Memo 45 46 TO: FROM: � ��itK��« Tukwila UNFOR ATKO AL 'E ORANDU U Committee ofthe Whole Laurel Humphrey, Council Analyst Allan Ekberg, Mayor CC: Mayor Ekberg DATE: November %9,2Q19 SUBJECT: Ordinance amending the Ethics Code for Elected Officials Updated following 11/36 Committee ofthe Whole ISSUE Amendment to TMC Chapter 2.97 "Code of Ethics for Elected Officials" DISCUSSION TIVIC Chapter 2.97 was established in 2014 to set forth a process for handling ethics complaints against elected officials in a manner different than that used for city employees and appointed officials. The Code identifies prohibited conduct, establishes a Board of Ethics consisting of the Chairs of the City's existing Commissions, and outlines the process t0 beused for complaints, The proposed ordinance would amend and simplify Section 2,97.050, "Complaint Process" by creating the position of an Ethics Officer, who will be an independent contractor who is either a licensed attorney nrwho has municipal hearing examiner experience. The role 'ofthe Ethics Officer will beto review the incoming complaint to make edetermination 0fsufficiency orinsufficiency before an investigation is initiated, which in the current code is a role assigned to the Board of Ethics, Staff and the City Attorney believe that contracting an independent and qualified individual to make the initial determination of sufficiency or insufficiency priorto any investigation will improve and streamline the complaint process, in the proposed ordinance the Board 0fEthics will maintain its current role of making a final determination as to whether a violation has occurred. Because ethics complaints are rare itis expected that this proposal will have minimal financial ' act to the City. The City Council discussed the proposed ordinance and raised the following concerns at the November 26.2OlQCommittee nfthe Whole. Staff responses, inconsultation with the City Attorney, are included: Complaint Process Section B Q: Is there a consequence for violating "No person shall knowingIV file a frivolous or false complaint orreport ofviolation ofthis Code ofEthics"? A:This jsdeterrent language. The Council could choose toset apenalt«'but inpractice itcould 47 INFORMATIONAL MEMO Page 2 Complaint Process Section E Q: At which point in the complaint process should the entire City Council receive a copy of the complaint and/or associated reports? A: One Councilmember suggested that the full Council receive a copy of the Ethics Officer's initial determination of sufficiency or insufficiency. This would mean all Councilmembers would receive notice of all ethics complaints against any individual Councilmember. Another Councilmember suggested that the full Council be notified only after a determination of sufficiency is made and an investigation is moving forward. This means that complaints against an individual Councilmember that are deemed insufficient by the Ethics Officer would not be shared with all Councilmembers. This is a matter of Council preference. Staff is seeking Council direction on which process is preferred. RECOMMENDATION Staff is seeking discussion and feedback on the proposed amendments to TMC 2.97, with possible consensus to forward to the December 3, 2108 Regular Meeting for action. ATTACHMENTS Draft Ordinance 48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2447 §5, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.97, "CODE OF ETHICS FOR ELECTED OFFICIALS," TO CREATE THE POSITION OF ETHICS OFFICER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, State law prohibits certain conduct of City elected officials while serving the City; and WHEREAS, the City Council adopted a Code of Ethics for Elected Officials by Ordinance No. 2447 on August 4, 2014; and WHEREAS, the City desires to provide for uniform investigation and adjudication of ethics complaints; and WHEREAS, the City Council desires to create the position of Ethics Officer to simplify the complaint process and to avoid undue waste caused by unnecessary investigations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.97.040 Amended. Ordinance No. 2447 §5, as codified at Tukwila Municipal Code (TMC) Section 2.97.040, "Board of Ethics," is hereby amended to read as follows: 2.97.040 Ethics Officer and Board of Ethics A. There is created a position of Ethics Officer. The purpose of the Ethics Officer is to review ethics complaints for an initial determination of sufficiency as described in TMC Section 2.97.050, before an investigation is initiated, and to provide advisory opinions for elected officials when requested. The City will contract with one or more qualified individuals or agencies to fill this position. To be qualified, the Ethics Officer must have prior experience working as a hearing examiner for Washington State municipalities or as a licensed attorney in good standing with the Washington State Bar Association. The W: Word Processing\Ordinances\Code of Ethics -Elected Officials amended strike-thru 10-16-18 LH:bjs Page 1 of 5 49 Ethics Officer shall not conduct or participate in any hearing or decision in which the Ethics Officer has a direct or substantial financial interest or that otherwise constitutes a conflict of interest for the Ethics Officer. BA. There is created a Board of Ethics for the City of Tukwila. The purpose of this Board of Ethics is to , adjudicate ethics complaints against elected officials., once an initial determination of sufficiency has been made by the Ethics Officer and Cg. The Board of Ethics shall be composed of five members and shall be comprised of one member from each of the City's five standing Commissions: the Planning Commission, the Arts Commission, the Park Commission, the Equity and Diversity Social Justice Commission and the Civil Service Commission. Should the chair of any Commission be unable or unwilling to serve on the Board of Ethics, the Commission shall select a member to serve on the Board. DG. The Chair of the Board shall be elected by the Board members and shall serve as Chair for one year, at which time a new election shall occur. ED. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Tukwila Municipal Code. The Board shall adopt procedures consistent with the provisions of the Tukwila Municipal Code governing the conduct of its meetings. The Board shall be supported by the City Attorney or assigned independent legal counsel. E. The powers of the Ethics Board include rendering sufficiency determinations as described in TMC Section 2.97.050, adjudicating ethics complaints against Elected Section 2. TMC Section 2.97.050 Amended. Ordinance No. 2447 §5, as codified at TMC Section 2.97.050, "Complaint Process," is hereby amended to read as follows: 2.97.050 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his/her designee(s): 1. Mayor; er 2. City Attorney, or 3. Council President, or 4. City Clerk. B. No person shall knowingly file a frivolous or false complaint or report of violation of this Code of Ethics. W: Word Processing\Ordinances\Code of Ethics -Elected Officials amended strike-thru 10-16-18 LH:bjs 50 Page 2 of 5 C. No complaints shall be accepted or considered which relate to actions that took place more than five years prior to the date such complaint was filed. DG. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Board of EthicoEthics Officer for a sufficiency determination. After reviewing the complaint, the Board Ethics Officer may take any of the following actions and inform the complainant, the respondent and the City Attorney, Mayor, or Council President as appropriate: 1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics. 2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. 3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted. E. The Ethics OfficerBoard shall submit a written report of its determination of sufficiency with its finding. -,•to the City within 10 20 days of its receipt of the written complaint. If the Ethics Officer determines that the complaint is insufficient, the complaint is dismissed and the matter is thereby closed. If the Board Ethics Officer finds determines the complaint sufficient, then the complaint shall be investigated as set forth below in this section. The Board'sEthics Officer's determination of sufficiency is final and binding and no appeal is available. FE. For all -sufficient complaints determined to be sufficient by the Ethics Officer, the City Attorney shall promptly designate an individual to conduct an investigation of the complaint and shall forward a confidential memorandum to all Elected Officials informing them that a complaint has been made. G. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is deemed sufficient, unless an extension is granted in writing by the City Attorney. A copy of the written investigation findings and conclusions shall be provided to the City Attorney. HG.Within 5 business days of receipt of the investigator's written findings and conclusions, the City Attorney shall forward a copy of the investigation to the Chair of the Ethics Board. Copies of the recommended disposition and investigation findings and conclusions shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. W: Word Processing\Ordinances\Code of Ethics -Elected Officials amended strike-thru 10-16-18 LH:bjs Page 3 of 5 51 114. Within 10 business days of receipt of the investigator's report, the Board of Ethics shall convene and review the complaint, findings, conclusions and recommended disposition. As soon as practicable after giving due consideration to the complaint, the Board shall take any action or combination of actions that it deems appropriate and for which it is lawfully empowered to take including, but not limited to, the following: 1. Determine that no violation of the Code of Ethics has occurred. 2. Determine that a violation of the Code of Ethics has occurred. 3. If the Board determines that it needs more information to make a determination as to whether the Code of Ethics has been violated, it may convene a hearing to take such additional evidence as required by the Board. The scope of evidence requested by the Board should be strictly construed. At such hearing, the Board may call additional witnesses or consider additional documentary evidence. After final deliberations on the investigator's findings, as well as any additional testimony, statements, or documents presented at the hearing, the Board shall determine whether or not a violation of the Code of Ethics has occurred. Throughout the process, the Board may seek legal advice from the City Attorney or independent legal counsel as assigned by the City Attorney. Assigned independent legal counsel shall have a minimum of five years municipal law experience. 4. After the Board has made its final determination under TMC Section 2.97.050, subsection-I4 I, (1), (2) or (3), the Board shall issue its written findings of fact and conclusions of law, along with its recommended disposition, if applicable. The Board's conclusions shall be based on the preponderance of evidence standard. The Board may recommend and the City Council may impose upon any Elected Official the penalties set forth in TMC Section 2.97.060. 5. Copies of the written findings of fact, conclusions and recommended disposition of the Board shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies shall be forwarded to the investigator, the City Attorney (or independent legal counsel), and the City Council. J1. The written findings of fact, conclusions and recommended disposition shall be placed on the next regularly scheduled Council meeting agenda for discussion and disposition pursuant to TMC Section 2.97.060, by majority vote of the Council. KJ. Ex Parte Communications. After a complaint has been filed and during the pendency of a complaint before the Board, no member of the Board may communicate directly or indirectly with any party or other person about any issue or fact or law regarding the complaint, except that members of the Board may obtain legal advice with the City Attorney or assigned independent legal counsel. L-K. The party complained against may, within 10 business days following the date of a recommended disposition that finds a violation of this Code of Ethics, request a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. Except for good cause shown, the hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days from the date the appeal is filed. W: Word Processing\Ordinances\Code of Ethics -Elected Officials amended strike-thru 10-16-18 LH:bjs 52 Page 4 of 5 hM. Within 30 days after the conclusion of a formal hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his/her order. Copies of the Hearing Examiner's findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. A copy of the Hearing Examiner's findings, conclusions and order shall also be provided to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Code of Ethics -Elected Officials amended strike-thru 10-16-18 LH:bjs Page 5 of 5 53 54 COUNCIL AGENDA SYNOPSIS - Meeting Date Prepared by Mayor's re 'ew Council review 11/26/18 HH 12/10/18 HH ITEM INFORMATION ITEM No. 3.E. & Spec 2.1. S FAIT SPONSOR: HENRY HASH ORIGINAI, AGENDA DATE: 11/26/18 AGENDA ITEM TI 11,E Resolution adopting the Neighborhood Traffic Calming Program CA fl,,GORY Discussion 11/26/18 Motion Date Resolution Ordinance Mtg Date ['Bid Award hits Date a Public Hearins [1] Other Mtg Date Mtg Date Mtg Mg Date 12/10 Mg Date SPONSOR Counc71 Mayor OFIR ODCD ELsnane EIP&R. EPolue fl6ourt EFtie •TS II Pr SPONSOR'S Council is being asked to adopt by Resolution the proposed Neighborhood Traffic Calming stimmARy Program (NTCP). The NTCP includes three levels for ease of implementation. Currently $400,000 is budgeted in the 2019 - 2024 Capital Improvement Program for Traffic Calming/Residential Safety. Council is being asked to adopt the Neighborhood Traffic Calming Program by Resolution. RbVIkWED BY Ej C.O.W. Mtg D CDN Comm LI Arts Comm. 111 Finance Comm. Comm. E] Public Safety Comm. 11] Planning Comm. THOMAS MCLEOD K Trans &Infrastructure • Parks DATE: 11/13/18 COMmii 1EE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Public Works Department FrEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPEND] TURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $400,000.00 $ Fund Source: 103 RESIDENTIAL STREETS Comments: (page 8, Proposed 2019 CIP) MTG. DATE RECORD OF COUNCIL ACTION 11/26/18 Forward to next Regular Meeting with edits 1?/10/18 MTG. DATE ATTACHMENTS 11/26/18 Informational Memorandum dated 11/09/18 Draft Resolution Draft Neighborhood Traffic Calming Program (revised after 1 T.I.C.) Minutes from the Transportation and Infrastructure Committee 11/13/18 Resolution with attachment in strike-thru underlined format _12/10/18 Updated Informational Memo 55 56 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIO AL E ORA DU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: November 9, 2018 (Revised December 7, 2018) SUBJECT: Neighborhood Traffic Calming Program Resolution for Adoption ISSUE Resolution to adopt the Neighborhood Traffic Calming Program (NTCP). BACKGROUND In June 2005, the Transportation Committee approved a Neighborhood Traffic Calming Program (NTCP). At that time, no budget was established nor was staffing provided for managing the program. Two pilot projects, one in 2008 and one in 2017, have been completed. Since then, interest in the City providing a robust traffic calming program has increased significantly. In 2018, the Transportation and Infrastructure Committee has discussed and expressed the desire for a fair, equitable, and objective program. DISCUSSION Per the direction of the Transportation and Infrastructure Committee, staff is presenting an updated NTCP. Staff has formatted the NTCP to allow for ease of implementation with minimum hurdles, especially for Level I improvements. Level I improvements are passive traffic control treatments that can be implemented quickly and inexpensively and are often all that is needed to address neighborhood complaints. Level II treatments are physical devices, often permanently installed, which require more extensive design efforts and are costlier. Additionally, Level II treatments require coordination and concurrence with the Police and Fire departments and approval from the Council. Emergency services are included as Level II devices as they can negatively impact response times. The attached document includes changes to the draft plan as directed during the November 26, 2018 Committee of the Whole meeting. FINANCIAL IMPACT The recently adopted biennial budget includes a $400,000 annual budget for the Traffic Calming/Residential Safety Improvement Program. The budget will be shared between traffic calming efforts and other safety improvements in residential areas. Design of the improvements, purchasing of equipment, and construction and installation costs will all be funded through these budgeted capital funds. RECOMMENDATION Council is being asked to approve the Resolution adopting the Neighborhood Traffic Calming Program and consider this item at the December 10, 2018 Committee of the Whole and the Special Meeting on the same evening. ATTACHMENT • Draft Resolution • Draft Neighborhood Traffic Control Program w:12018 info mernosIntcp resolution 12-7-18.docx 57 58 ILA iv 4d, Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE "CITY OF TUKWILA NEIGHBORHOOD TRAFFIC CALMING PROGRAM." WHEREAS, one of the top concerns of Tukwila community members is speeding and other dangers associated with motor vehicles; and WHEREAS, the City of Tukwila desires to reduce the negative effects of motor vehicle use, alter driver behavior, and improve conditions for non -motorized street users; and WHEREAS, the adopted Tukwila Comprehensive Plan recommends implementation of a neighborhood traffic calming program in both the Transportation Element and the Residential Neighborhoods Element; and WHEREAS, the City Council desires to document a transparent, predictable and equitable process for implementing effective traffic calming measures in neighborhoods throughout the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The "City of Tukwila Neighborhood Traffic Calming Program," as evidenced in Exhibit A, is adopted. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment: Exhibit A — City of Tukwila Neighborhood Traffic Calming Program W:\Word Processing\Neighborhood Traffic Calming Program 11-30-18 LH:bjs Page 1 of 1 59 60 CITY OF TUKWILA PUBLIC WO S DEPARTMENT I CA Adopted December 310, 2018 By Resolution No. xxxx IC 61 | | | | Table of Contents OBJECTIVES 8 INITIATING REQUEST --.---.....-.--.-.-._-'..._.~.--'--_._.~._.-_~--~.l PRELIMINARY EVALUATION ............................................................................................. _ SOLUTION ALTERNATIVES ..-_-.-.'--'''.'--'.-.'-.'',-.-.----.---2 PROCESS FOR QUALIFYING FOR LEVEL iT TREATMENTS ..................................................3 PLAN DEVELOPMENT .,~__~-^~-.,.~.~..~_............................................................... PROJECT DESIGN AND CONSTRUCTION .................... ................................................... 5-54 ^',AL"^.`"`, .......... '...... ................................................. 5 REMOVAL........................................................................................................................ 5 RE -ENROLLMENT ............................................................................................................. 5 APPENDICES APPENDix A: DEFINITIONS 0yTYPES VfSTREETS /\PyCNU|}{B: LEVEL lPOSSIBLE T0CATM[NTS 62 Introduction Traffic conditions on residential streets greatly affect neighborhood livability. Speeding and unnecessary through -traffic in neighborhoods create safety hazards on residential streets. The City of Tukwila Public Works Department has developed a Neighborhood Traffic Calming Program (NTCP) to guide City staff and inform residents about the procedures for implementing traffic calming on residential streets and collector streets. The NTCP is designed for local residential streets and collector arterials only. The NTCP does not apply to local or arterial streets in commercial areas or to streets classified as principal or minor arterials. As defined by the Institute of Transportation Engineers (ITE), traffic calming is the application of measures which can be taken which reduces the negative effects of motor vehicle use, alters driver behavior and improves conditions for non -motorized street users. The City's NTCP outlines a process for staff and residents to carry out a traffic calming program. It provides a way to objectively prioritize traffic calming requests. These procedures incorporate prioritization, planning, evaluation, implementation, and maintenance of the traffic -calming devices in residential areas. It also combines the four E's — Education, Engineering, Enforcement and Emergency Services. Objectives The primary goal of the City's NTCP is to improve the livability of the local streets and residential collectors. The City has identified the following objectives: • Provide alternative solutions to reduce vehicular speeds and accidents on residential streets. • Endorse safe and pleasant conditions for motorists, bicyclists, pedestrians, and residents of neighborhood streets. • Provide a means for a collaborative working relationship between City staff and neighborhood residents in development of traffic calming measures. • Discourage use of residential streets for cut -through vehicular traffic. Process Steps Initiating a Request Request for traffic calming assistance can come from a resident's association or from concerned individuals. Requests can be made in writing by clearly stating the problem and location, accompanied with completed application which is provided by the City. The request can be made by either mailing or emailing the request to the Public Works Department. The request must include a contact name, address, phone number and email. 1 63 Staff will then acknowledge the completed application in writing to the resident's association or to the contact person listed in the application. An application fee could be implemented in the future to offset some of the costs involved. Preliminary Evaluation Each street in the community is a part of the larger roadway network that connects residents to each other, work, schools, goods, services and the countless destinations to which drivers and pedestrians travel daily. Common issues within neighborhoods include speeding, traffic volumes, and the utilization of neighborhood streets as a cut -through route, among others. In order to ensure that traffic calming concerns are addressed in an equitable manner, staff must assess the situation by reviewing the request and determining if the area qualifies for treatment using set criteria. The primary purpose of a preliminary evaluation is to determine whether the speeding or accident situation is significant enough to warrant further study. At this stage, staff collects data to analyze it to determine whether: The roadway is eligible for traffic calming treatment. o Only residential streets classified as collector arterial or local access are eligible. City recorded data supports the problem identified in the application. o Speeding: Traffic counts are taken to determine if 15% of the motorists travel at 5 mph or more above the posted speed limit. This is also referred to as the 85'1' percentile speed being at or above 5 mph over the speed limit. o Volume: Traffic counts also collect the number of daily vehicles on a street. This information is used to determine the best type of solution and is used to rank project priorities. o Traffic Accidents: The number of accidents for over a three-year period is collected and studied. 4.-ft 1 he Public \A orkh Director hfah, t4ecthas the discretion id address ad>. salelh, isdueh tithed\ ered ouhide of the 11\ 1( 1) procehh. If the analysis confirms that a traffic problem exists based upon the above criteria, the Public Works Department will conduct a traffic calming study as explained in the following sections and staff calculates the priority score for the street segment using the Priority Worksheet in Appendix C. A written response back to the contact person with the findings of the preliminary evaluation is generally provided within 60 calendar days of the request. Solution Alternatives The solution alternatives are defined into three levels. 2 64 No Action After data collection and analysis is complete, any location not meeting the above criteria will be determined to not be eligible for any NTCP assistance. Staff will inform the applicant in writing that their request does not meet the City criteria for action and the request will be closed. Level I The first level improvement for traffic calming that should be considered are passive traffic control treatments, known as Level I. Level I improvements are less restrictive measures, and do not require a neighborhood vote of the affected property owners. The improvements used in Level I include: trimming bushes to allow better sight distance; pavement markings and striping; increased police enforcement; traffic speed display signs; neighborhood awareness campaigns; and education. This reduces the need for installing physical devices on every local street. If a marked crosswalk is recommended for installation where ADA-compliant ramps do not currently exist, the improvement will be automatically treated as a Level II solution. Level II Level II improvements should be considered only after Level I treatments have been in place for a minimum of 6 months and data collection and analysis indicate the problem(s) has not been resolved, or as determined by the Public Works Director. Level II improvements focus on physical devices such as speed cushions, traffic circles, and chicanes to calm traffic. These solution alternatives are much costlier than Level I and are generally permanent. Therefore, a more detailed evaluation is required and approval by key departments and impacted area residents is required before the implementation. The detailed evaluation includes as follows: • The speed, volume and accident history collected during the preliminary evaluation. • Collect new traffic speed and volume data and accident history for the past three consecutive years. • Other factors such as proximity to schools, parks and other pedestrian generators, lack of sidewalks, accessibility, presence of bicycle facilities, and other roadway characteristics. • Identify users of the affected streets. • Identify traffic and major pedestrian generators, such as schools, parks and shopping centers. • Analyze street use with respect to street classification. • Document any other relative factors. Process for Qualifying for Level II Treatments If the traffic problem(s) has not resolved with Level I treatments, an impact area is established by staff after identifying users of the affected street(s), identifying major traffic generators such as schools and parks, analyzing the actual street use with respect to roadway classification, and any other relative factors. The impact area includes the location requesting treatment as well as other streets in the immediate area that could be impacted by Level II treatment installation. 3 65 Plan Development Once an area has been selected for a traffic -calming project, steps need to be taken to determine solutions. The applications are prioritized based on the scores. The highest-ranking applications will be given priority in moving forward into Plan Development, as funding allows. Since Level I solutions are simpler in scope, the solution formulation process can usually be handled by staff Public meetings are not usually required, although some type of public communication is beneficial and recommended. Level II improvements require a more comprehensive plan development due to the higher cost and impact of the actions taken. A public meeting with all affected property owners may be held, as determined by the Public Works Director. The initial public meeting will: • Discuss the steps to develop a traffic -calming plan. • Gather additional information regarding traffic problems and related neighborhood needs. A ballot ffie-)Lwill be sent provided to each property owner, either in person or via the postal service, to vote to indicate support of the NTCP plan. The implementation plan must receive at least 74%2/3 approval of all property owners on the impacted street in order to proceed. In addition to the community support, the approval of the following public officials is required: • City Police and Fire Departments • City Council Once the necessary level of support is documented, projects may be funded and constructed according to their prioritization and as available staffing and budget permits. In cases where a Level II request does not receive sufficient support, the project is dropped from the list and the next highest ranked project can go through the same process. Residents in an area where a project has been dropped are able to resubmit their request for the following program year. Project Funding The number of traffic -calming projects undertaken each year depends on the City's budget and staffing availability. The City Council's Transportation and Infrastructure (or successor) Committee will be kept apprised of the status of the NTCP's progress and expenditures throughout the year on a regular basis. In some cases, landscaping, maintenance and necessary easement dedication may be the responsibility of the residents or the homeowner's association. If this is the case, an agreement must be signed between the City and residents before the project is implemented. 4 66 Project Design and Construction Once traffic -calming treatments have been determined, the City's staff or a consultant develops the detailed plan, based on the study and the residents' input. The traffic calming device will be installed. In some situations, a test installation may be warranted to assure that the device is both effective and truly desired by the community. In this case, within three to twelve months after installation, staff evaluates how well the test installation performed in terms of the defined problems. Evaluation An evaluation shall be conducted between six months to one year after the implementation of any permanent traffic calming devices. Speed, volume and collision data is collected and compared with the data collected before the installation of the traffic -calming device. The data collection should be done at approximately the same time of year as the original data collection. If the impacted neighborhood is dissatisfied with the outcome of the implementation, a petitior 0 the traffic calming device(s), they must also pay the cos City's standard. If the Public Works Director determir east: Re -enrollment If additional traffic calming treatments become necessary in the future due to changes in traffic patterns unrelated to the NTCP treatments, requests can be made for a new enrollment 12 months or more after the last evaluation period has been completed. The submission will be treated as a new request beginning with preliminary evaluation and will follow the NTCP process. Any future traffic calming treatments will be scored and ranked along with all other active requests and are subject to funding and staffing availability. 5 67 Appendices 68 Appendix A: Definitions of types of streets The City's Transportation Element of the Comprehensive Plan defines the street functional classifications. For the sake of this program, only residential local streets and collector arterials are eligible for NTCP treatments. Streets in commercial areas or which are classified as principal or minor arterials are not eligible for treatments under this program. Traffic calming on principal and minor arterials is very different than on residential streets, requiring substantial design, permitting, environmental approval, and budget in order to construct. These calming projects are developed into standalone capital improvement projects. Local streets (typical speed limit 25 mph) serve local circulation needs for motor vehicles, bicycles, and pedestrian traffic and provide access to residences and some businesses. Local streets are not intended to carry significant volumes of through traffic. Sixty to 80 percent of the roadway network is considered local streets. Collector arterials (typical speed limit 30-35 mph) are typically streets that provide access between local service streets or from local streets to thorough -fares. Collectors often carry some through traffic. Collectors in residential areas are eligible for NTCP treatments whereas collectors in commercial areas are not. Five to 10 percent of the roadway network is classified as collector arterials. Minor arterials (typical speed limit 30-40 mph) are streets which are typically wider and may have more lanes than collectors which connect the smaller arterial streets to destinations or to the regional roadway network. Minor arterials carry a large percentage of through traffic as well as traffic from the local area. Ten to 20 percent of the streets in network are minor arterials. Principal arterials (typical speed limit 35-50 mph) are major streets and highways that provide regional connections between major destinations. Speeds are higher, access and traffic control favors providing fast and smooth movement on the arterial over the lower classified streets. Five to 10 percent of a roadway network is classified as principal arterials. 69 --- Collector tz, City onukwila CZPotential Annexation Area 70 ROADWAY CLASSIFICATION 9 7 s 71 Appendix CB: Priority Ranking Worksheet Location: Date: Staff Name: Category Data Score Accidents: Five points for each recorded accident over the past three years. Three additional points will be added for each accident with a recorded injury. Volume: Average weekday traffic volume divided by 100, rounded up to the nearest whole number. Maximum of 7 points possible. Speed: Five points for every mph greater than 5mph above the posted speed or (85th percentile speed - posted speed limit - 5) x 5 points. Sidewalks: Five points if there is not a continuous sidewalk on one side of residential streets or both sides of collectors. Pedestrian Generators: Five points for every K-12 school on and 2 points for school property within 500 ft of the subject street. Three points for other major pedestrian generator on the subject street. Major pedestrian generators may include parks, community centers, senior housing, or other uses with significant pedestrian traffic. Total Points: 72 COUNCIL AGENDA Siwosis vr.4,144. Initials Meeting Date Prepared by Mayor JJew Council review 12/10/18 RB , ITEM INFORMATION ITEM No. Spec 2.B. SIAI,F SPONOR RACHEL BIANCHI ORIGINAL AGENDA DATE: 12 0 8 AG FNDA I 1 EM TITLE Amendment 3 to Contract #18-049 with BNBuilders to demolish the Travelodge. ,C 1 II, GORY L D/Jcusizon Mtg Date Motion Date 12/10/18 0 ReJolutzon Illtg Dale E Ordinance Mfg Date Ell Bid Award Mg Date E Public Hearing illtg Date E Other Mtg Date .111:g SPONSOR Counal ellilayor EF/R El DCD Ei inan e EFtre ETS OP&R Police DPW OCourt SPONSOR'S Staff is seeking approval on an amendment to BNBuilders' contract to demolish the SUMMARY Travelodge. RI N TAXED BY Ell C,O.W. Mtg El CDN Comm 0 Finance Comm, II Trans &Infrastrucwre E Arts Comm. [1] Parks Comm. DATE: 12/3/18 COMMITTEE CHAIR: HOUGARDY r1 Public Safety Comm. E Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office Forward to 12/10/18 Special Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPI,NDITURI, RE, ()ARED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/18 MTG. DATE ATTACHMENTS 12/ 0 8 Informational Memorandum dated November 28, 2018 (Updated afterPS Corn.) Amendment #3 to Contract #18-049 with BNBuilders Minutes from he Public Safety Cornmeeting of 12/3/18 73 74 City of Tukwila Allan Ekberg, Mayor TO: FROM: CC: INFOR ATIO AL E ORA DU Public Safety Committee Rachel Bianchi, Deputy City Administrator Mayor Ekberg DATE: November 28, 2018 SUBJECT: GC/CM Contract Amendment No. 3 for the Justice Center (Updated after the PS Committee -see strike-thru underlined text) ISSUE On November 1, 2018 the City acquired the Travelodge motel property located at 14845 Tukwila International Boulevard ("JC-8") for the Justice Center project. Amendment No. 3 to BNBuilders' contract would allow for demolition of the existing vacant buildings on this property. BACKGROUND JC-8 is a 38,290 square foot parcel, with two buildings totaling 21,424 square feet that previously housed a Travelodge motel franchise. The buildings are vacant at this time. The Police Department has already reported incidents related to the boarded -up property. Despite site fencing and signs saying "No Trespassing" there is significant risk that trespassing, vandalism and other criminal activity could occur at the property while the buildings sit vacant. Based on these risks, the City believes the building poses an immediate and continued threat to public safety and should be demolished as soon as possible. The necessary work includes hazardous building materials abatement and building demolition. BNBuilders, the City's General Contractor/Construction Manager (GC/CM), obtained competitive bids for the demolition and associated work. The total cost for demolition of these buildings is $165,100, which includes a $10,000 Owner's contingency should unexpected changes of scope arise in the process of demolition. The total amount will be allocated as follows: Contract Amount (Amendment No. 3) $165,100 Owner's Contingency 10,000 Total $175,100 The demolition and associated work is included in the Justice Center project budget. The contractor is hoping to begin demolition in December 2018, pending utility disconnects and permits. The contract amendment was prepared by the City's outside legal counsel and reviewed by the City's project management consultant (SOJ) and the Council's Project Management Quality Assurance consultant (Steve Goldblatt). The Committee asked that this memo be updated to reflect that the City will pay a premium of approximately $60,000 in order to demolish the Travelodge now before demolishing the remaining buildings on the Justice Center site. This additional cost is associated with lack of efficiencies of demolishing one structure as opposed to many at once. However, the Administration believes this premium is worth expending given the liability of having the former motel be subiect to squatters, looters and other activity for five to six months. In addition, it is 75 INFORMATIONAL MEMO Page 2 very likely the City would incur additional haz-mat clean up costs should the building remain empty. Much of the haz-mat abatement costs the City paid on the JC-9 property, which had sat vacant for a period of time before it was purchased, was to remediate waste associated with squatters. RECOMMENDATION The Public Safety Committee is asked to approve the contract amendment. The staff asks that the contract amendment be moved to the consent agenda at the special meeting on December 10, 2018 in order to facilitate the quick demolition of these buildings. ATTACHMENTS BNBuilders Contract Amendment No. 3 76 ZACouncil Agenda Items \CommunicationsONB Contract Amendment #3 - Memo FINALdoc Init. OCU ent Al Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Tukwila Justice Center Tukwila WA JC-8 Early Abatement and Demolition Scope THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 THE CONSTRUCTION MANAGER: (Name, legal status and address) BNBuilders, Inc. 2601 Fourth Ave Suite 350 Seattle, WA 98121 TM ARTICLE A.1 § A.1.1 Total Contract Cost Pursuant to Section 2.2 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Maximum Allowable Construction Cost (MACC), Total Contract Cost (TCC) and terms governing a specified scope of work related to early abatement and demolition of two buildings on the JC-8 parcel, which is one of several parcels for the future Justice Center ("JC-8 Early Abatement and Demolition Scope"). The Work required by the JC-8 Early Abatement and Demolition Scope is further described in the BNBuilders Building System Summary attached hereto as Exhibit A and the Site Plan attached hereto as Exhibit B, both of which are incorporated by this reference. As agreed by the Owner and Construction Manager, the Total Contract Cost is an amount that the Contract Sum shall not exceed. The Total Contract Cost consists of the MACC (including the Construction Cost, Negotiated Support Services, and MACC Contingency); the Fixed Fee; the Fixed Amount for Specified General Conditions work; and applicable Washington State sales tax. § A.1.1.1 The Total Contract Cost for the JC-8 Early Abatement and Demolition Scope, including Washington State Sales Tax is guaranteed by the Construction Manager not to exceed One Hundred Sixty -Five Thousand One Hundred Dollars (S 165,100 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Total Contract Cost. Provided below is an itemized statement of the Total Contract Cost for the JC-8 Early Abatement and Demolition Scope organized by its component parts: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIR standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIR text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201Tm-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133T5 — 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Alk" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:17:57 ET on 11/29/2018 under Order No.2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (1868788844) 1 77 Init. Specified General Conditions $26,999 Maximum Allowable Construction Contract (MACC) Construction Total $105,824 Negotiated Support Services (NSS) $8,761 MACC Contingency (Q 2.5'Y° $2,646 GC/CM Fixed Fee @ 5% (Fee is not allowed on the Specified General Conditions, or Preconstruction Allowance) $5,862 TOTAL CONTRACT COST (Excluding WSST) $150,091 Washington State Sales Tax $15,009 Sum $165,100 (Paragraphs deleted) § A.1.1.2.1 The Preconstruction Services NTE Limit, as previously agreed to by the parties, is: To be stated in the GMP Amendment for the full scope of the Work. § A.1.1.3 The Total Contract Cost for the JC-8 Early Abatement and Demolition Scope is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount jbr each and the date when the amount expires.) Not applicable. § A.1.1.4 Allowances included in the Total Contract Cost, if any: (IdentifY allowance and state exclusions, if any, from the allowance price.) Item Price ($0.00) Not applicable. Not applicable. §A.1.1.5 Assumptions, if any, on which the Total Contract Cost is based: Not applicable. § A.1.1.6 The Total Contract Cost is based upon the following General Conditions: AIA Document A201 — 2007, General Conditions of the Contract for Construction, as modified (Table deleted) § A.1.1.7 The Total Contract Cost is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) Not applicable. Section Title Date Pages § A.1.1.8 The Total Contract Cost is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Not applicable. Number Title Date § A.1.1.9 The Total Contract Cost is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) AIA Document AI33TM — 2009 Exhibit A. copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:17:57 ET on 11/29/2018 under Order No.2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (1868788844) 78 In it. Exhibit A: BNBuilders Building System Summary Exhibit B: Site Plan ARTICLE A.2 § A.2.1 Substantial Completion Dates The required date for Substantial Completion of the JC-8 Early Abatement and Demolition Scope established by this Amendment: 60 calendar days from issuance by the Owner of the Notice to Proceed for the JC-8 Early Abatement and Demolition Scope § A.2.2 Physical Completion Dates The required date for Physical Completion of the JC-8 Early Abatement and Demolition Scope established by this Amendment: Not applicable. § A.2.3 Final Completion Dates The required date for Final Completion of the JC-8 Early Abatement and Demolition Scope established by this Amendment: Not applicable. § A.2.4 Construction Schedule Not applicable (See Section A.2.1 above). ARTICLE A.3 Key Personnel The following named key personnel shall remain assigned for the duration of the Project unless otherwise agreed to in writing by Owner: Project Manager: Geri Urbas Project Superintendent: David Cantrell Project Engineer: To be assigned. OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) AIA Document AI33TM —2009 Exhibit A. Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA,' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 17:17;57 ET on 11/29/2018 under Order No.2264341377 which expires on 08/30/2019, and is not for resale, User Notes: (1868788844) 3 79 EXHIBIT A 80 BNBuilders PROJECT: JUSTICE CENTER OWNER: CITY OF TUKWILA ARCHITECT: DLR GROUP Building System Breakdown A10 - Foundations A20 - Basement Construction B10 - Superstructure B20 - Exterior Enclosure B30 - Roofing C10 - Interior Construction C20 - Stairs C30 - Interior Finishes D10 - Conveying D20 - Plumbing D30 - HVAC D40 - Fire Protection D50 - Electrical E10 - Equipment E20 - Furnishings F10 - Special Construction F20 - Selective Building Demo (Abatement Only) G10 - Site Preparation (Includes Bldg Removal) G20 - Site Improvements G30 - Site Mech Utilities G40 - Site Elec Utilities G90 - Other Site Construction Direct Construction Costs (DCC) Design / Estimating Contingency Escalation Negotiated Support Services Trade Package Bonds (See Sub Plan) MACC Contingency (%-DCC + Des + Esc + TP) Maximum Allowable Construction Cost (MACC) Contractors Fee (% of MACC - Bid %) Specified General Conditions Specified General Conditions Specified General Conditions GC/CM Performance & Payment Bond BNB Insurances B&O Taxes Preconstruction Services Total Contract Costs (TCC) Washington State Sales Tax Guaranteed Maximum Price (GMP) $ per GSF / Component GSF Building System Summary ESTIMATE TYPE: EARLY WORK ISSUE DATE: 11/29/2018 JC-8 Early Bldg Demo (Dec '18/Jan '19) Location 00 0 0 $ - 0 $ $ - o $ $ - 0 $ $ - 0 $ $ 0 $ - $ - $ 0 $ - $ - $ 0 $ - $ - $ 0 $ - $ - $ 0 $ - $ - $ 0 $ - $ - $ 0 $ - $ - $ 0 $ - $ - $ 21,424 $ 0.50 $ 0.50 $ 10,804 21,424 $ 4.44 $ 4.44 $ 95,020 0 $ - $ - $ •1 $ - 0 $ - $ 0 $ - $ 0 $ - $ - 4.94 $105,824 NOT APPLICABLE NOT APPLICABLE SEE EST DETAIL $ NOT APPLICABLE $ 2.50% $ 8,761 2,646 5.47 $117,231 (AS -BID) 5.00% $ 5,862 (JC-8 Early) $ 26,999 Add'I MACC Value $ Included w/Fee $ Included w/Fee $ Included w/Fee $ Owner (Bid) Value 7.01 $ 150,091 10.000% $ 15,009 $ 165,100 $ 7.71 21,424 CONFIDENTIAL T ED: 1:43„90 8 EXHIBIT B 82 LEGEND NOTES DEMOLITION GENERAL NOTES DEMOLMION NOTES APELa AO ALE JD., ACE NEES TAKES POSSESSION. APE', EOR OBTAIN ANNA. FAME, FOR DEMCOMON REAM, FROM TKIE C GE TOM, C AEA, =OR CBE. AEC MAKE PAYMENE EC ANO COORDINATE NA MAL GAS ANO POWER EXCESSME NOISE OR VORATION SHALL BE ERE APEROVED AND TAE EXCEPTION OF THE NCLUDING HE NOT LacIFEK NO ARCA BON c WASHINGTON AWE LABOR AND KKAMSKRIES FERMIUM GENERAL AA ELIA AND AS DEEMED NECESCARE Me THE OMNA MILLWORK E.,18,11e MKT., CEINGS SOFFITS. OEMOLIMONCOOKS tRECOON 'MOM DESCRIBED AV TA K MEW. EAOTECTIGN FOR AU EMS,. MEKONG MATERIALS AKA EQUIPMENT FROM DAMAGE DUE TO AV DEMOLITION OR CONTRACT DEMOLIMON OR CONSTRJCOON re 1,,,CH EMT,. FN. WHEW:. OR ACM.MaRORIZAD ARCHMEOTMENGNEER OE THEIR MICE AOMECENTPROPERMES MC OE DIVOR AREA OKAM.OTPT TO BE DEMOLISHED DEMO PERMIT SITE PLAN JC-8 BUILDING DEMO SITE PLAN JC-8 scaLE SITE INFORMATION MAN.. NET SQUARE FOOTAGE:2DM, MZE AEC PARCEL 00,00-0315 84 Public Safety Committee Minutes December 3, 2018 D. Contract Amendment: BNBuilders Staff is seeking Council approval of Amendment No. 3 to Contract 18-049 in the amount of $165,100 and $100,00 contingency for demolition of the vacant buildings on the Travelodge property. Staff would like to demolish as soon as possible due to the risks associated with vacant buildings. The contractor is hoping to begin demolition in December 2018 pending utility disconnects and permits. The demolition and associated work is included in the approved Justice Center project budget. The Committee asked that the memo be updated to reflect that the City will pay a premium of around $60,000 to demolish the Travelodge now before demolishing the other buildings on site. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. E. 2018 Public Safety Committee Work Plan Committee members and staff discussed the status of items on the Committee work plan, which will be included in the Committee of the Whole packet for a Council year-end report. DISCUSSION ONLY. III. MISCELLANEOUS Traffic Camera Pilot Project The traffic camera pilot proposal and ordinance were sent back to Committee after the addition of a proposed school zone camera pair in the vicinity of Foster High and Showalter Middle School on South 144th. The Police Department's original proposal was for three red light intersection cameras, but some Councilmembers expressed interest to include school zone speed cameras in the pilot. Committee members discussed the proposal. Judge Walden offered that tickets given by officers in school zones cannot be reduced, and tickets resulting from these cameras would be preferable as they can be reduced and they do not go on a permanent record. Community service is also an option in lieu of payment. She believes school zone cameras are effective at reducing speeding behavior. Chief Linton addressed outreach, stating that PD will engage with social media just as with the original proposal. He met with the new interim Superintendent and will reach out to the School Board. Chair Hougardy asked that the following questions about the school zone cameras, some of which are answered in the memo and presentation, be incorporated into a fact sheet for Council and public reference before the next meeting: 1) What is the fine amount in the school zones? Give examples. 2) At what times of the day will the cameras be operational? Can these times be changed? If so, who makes that decision and how are others notified? 3) At what speed limits would the fines be enforced? Can these be changed? If so, who makes that decision, and how are others notified? 4) Where would the cameras be placed? 5) When was the study referenced in the presentation conducted? 6) Will the tickets be reported to insurance companies? 7) What other types of mitigation are available and are they being considered? 85 86 COUNCIL AGENDA SYNOPSIS ----- ------------------[nitiala -- -- --- ---- Meeting Date 12 0/18 Prepared by RK Mayor's rez' ety Coundl retie. ITEM INFOR IATION ITEM No. Spec 2.C. S'IAI I^' PoNsc)R: RADEAN KREEL ORIGIN 1L AGENDA DATE: 12/10/18 AGENI .=\ IEM TITLE Resolution to adopt the 2018 Tukwila Comprehensive Emergency Management Plan (CEMP). CA'I I (ORY [ Di.ecuision lfitg Date C Motion 1ltg Date 11 Reiolntion [ Ordinance Altg Date [ Bid. zzand 'Ttg Date ❑ Public .Hearing; ieItg Date ❑ Other Mtg Date Mtg Date 12/10/18 S1EB' S :)R ❑Council ❑Mayor [HR [DCD Finan-e ► I -ire ❑TS [P&R ❑Police [PW [Court SPONSOR'S Washington State law requires the local jurisdiction to submit their CEMP to Washington SU\INLAR\' State Emergency Management Division every five years. Our plan was last submitted to the State and was approved in November, 2013. While the State no longer approves plans, they do require submission to maintain eligibility for federal grants. To meet the letter of the law, we are putting forth a resolution to adopt the 2018 CEMP. The plan will be updated in 2019, following input from the State post -adoption and submission. REVIEWED BY [ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. Trans &Infrastructure LI Arts Comm. ❑ Parks Comm. DATE: 12/3/18 COMMITTEE CHAIR: HOUGARDY 8 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPoNsoR/ADMIN. Cc)MMIFTEF Fire Department, Emergency Management Unanimous Approval; Forward to Special 12/10/18 Consent agenda COST IMPACT / FUND SOURCE E\PEN"I`UI2I: RItQUIRID AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/10/18 Informational Memorandum dated 11/28/18 Draft Resolution The 174 page attachment adopted in 2014 is available in the Digital Records Center Minutes from Public Safety Committee Meeting dated L2/03/18 87 88 City of Tukwila Allan Ekberg, Mayor INFOR ATIO AL E ORANDU TO: Public Safety Committee FROM: Jay Wittwer, Fire Chief BY: Raejean Kreel, Emergency Management Specialist CC: Mayor Ekberg DATE: November 28, 2018 SUBJECT: Adoption of the 2018 Tukwila Comprehensive Emergency Management Plan ISSUE Adoption of the 2018 Tukwila Comprehensive Emergency Management Plan (CEMP) BACKGROUND Washington State law requires the local jurisdiction to submit their CEMP to the Washington State Emergency Management Division every five years. Tukwila's last major update to the CEMP was completed in 2013 and was submitted to the State Emergency Management Division with subsequent approval on November 15, 2013. This was also required by the Tukwila Municipal Code (TMC) Chapter 2.57. Due to staffing changes in the Tukwila office of Emergency Management, the State Emergency Management Division contact, Jacob Rain, has approved submitting the current Tukwila CEMP for review, to allow input from the State and a more thorough revision in 2019. This will meet the letter of the law, and maintain eligibility for federal grants, which Tukwila's Emergency Management Division relies on for the Emergency Management Performance Grant. FINANCIAL IMPACT There is no funding requested in this resolution; however, adoption of a CEMP and submission to the State Emergency Management Division every five years is required to maintain eligibility for federal grants. RECOMMENDATION The Council is being asked to consider this item at the December 10, 2018 Committee of the Whole meeting and the Special Meeting to follow that same night. ATTACHMENTS -Draft Resolution -The 174 page attachment adopted in 2014 is available in the Digital Records Center 89 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE CITY OF TUKWILA 2018 COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP). WHEREAS, the City of Tukwila and surrounding areas are subject to various hazards, including flooding, earthquakes, landslides, severe windstorms and other natural and technological/man-made hazards; and WHEREAS, the City of Tukwila is committed to strengthening the City's resilience to the effects of natural and technological/man-made hazards; and WHEREAS, the City of Tukwila has the primary responsibility for emergency mitigation, prevention, preparedness, response and recovery within City boundaries; and WHEREAS, Washington State RCW 38.52.070 (in the "Emergency Management" chapter) directs local governments to submit its plan and program for emergency management to the state director; and WHEREAS, Tukwila Municipal Code Section 2.57.070.B.2. requires "...and annual updates to, the City's Comprehensive Emergency Management Plan...;" and WHEREAS, the City of Tukwila adopted the "2014 Comprehensive Emergency Management Plan" (dated October 2013) with Resolution No. 1816 on February 18, 2014; and WHEREAS, a Comprehensive Emergency Management Plan is required to be adopted every five years; W:\Word Processing\Resolutions\CEMP adopted 12-10-18 :bjs Page 1 of 2 91 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council approves adoption of the document entitled "2014 Comprehensive Emergency Management Plan," dated October 2013 and hereby incorporated by reference as "Attachment A," as the City of Tukwila's "2018 Comprehensive Emergency Management Plan." PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A: Comprehensive Emergency Management Plan W:\Word Processing\Resolutions\CEMP adopted 12-10-18 :bjs 92 Page 2 of 2 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes December 3, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: David Cline, Raejean Kreel, Bruce Linton, Rachel Bianchi, Trish Kinlow, Kim Walden, Chris Flores, Jay Wittwer, Laurel Humphrey CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Resolution: 2018 Comprehensive Emergency Management Plan Staff is seeking Council approval of a resolution that adopt the City of Tukwila 2018 Comprehensive Emergency Management Plan (CEMP). Staff is proposing no changes to the CEMP that was adopted in 2014 at this time, but state law requires renewal every five years in order to maintain eligibility for federal grants. A more thorough review and update will be conducted in 2019. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. B. Fire Department Purchase of Extrication Equipment Staff is seeking Council approval to purchase four sets of extrication equipment ("jaws of life") in the amount of $100,590.30 using Public Safety Plan bond funds. The current equipment is fourteen years old and needs replacing. The proposed new equipment is battery powered, more environmentally responsible, stronger, and designed to defeat modern vehicle design and construction. Committee members expressed support for the purchase but requested a single page showing the total cost. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. C. Contract Amendment: Weinstein Architects and Urban Designers Staff is seeking Council approval of Amendment No. 2 to Contract 17-068 in the amount of $383,462 with Weinstein Architects & Urban Designers for the design of the new fire stations. This addition will compensate the A&E team for the approximately 5% of additional costs to Stations 51 and 52 that resulted from the removal of Station 54. There are also some additional fees associated with the Council's decision to make Station 52 a drive -through station and retaining various alternates associated with each station. The increase to the contract is within the existing Council -approved budget for Stations 51 and 52. Mr. Goldblatt stated that this amendment will capture the A&E scope for the rest of the project. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. 93 94 COUNCIL AGENDA SYNOPSIS Initials --- -------------- Meeting Date Prepared by Mayor's relt e Counczl reV ew 12/10/18 CF ITEl NFORMATION ITEM No. Spec 2.D. S`T'1\I T SPoNSUIt: CHRIS FLORES Olt TC7IN.\I,ACEND.\ Dr\TI3: 12/10/18 AGENDA I`I'EM TITLE Fire Department Extrication Equipment Replacement CA— GORY Dw,rcue.rzon Mtg Dale /1 Motion Dale 12/10/18 E ReJolution Mliltq Date E Ordinate Mtg Date ❑ Bid .f32vard Nltg Date ❑ Public Heann Mtg Date E Other Mtg Date Mtg SPONSOR CCouncil CMayor EFIR EDCD ❑Finance E1 Fire [TITS ❑PrYR CPolzce CPII% ❑Court PC)NSOR'S Replacement of aged and technologically disadvantaged vehicle extrication equipment SLI\11i:\l2Y with modern equipment designed to defeat advanced vehicle design and construction. Modern equipment is less cumbersome and more environmentally friendly. Funding for replacement is designated in the Public Safety Plan Bonding. RIB\'II; I D BY E C.O.W. Mtg. ❑ CDN Comm E Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 12/03/18 COMMITTEE CHAIR: HOUGARDY ►/ Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADLIIN. COMMITI'I:E Approve purchase of equipment through designated funding Unanimous Approval; Forward to 12/10 Special Mtg. Consent COST IMPACT / FUND SOURCE ExpENDI ruRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $113,000.00 $113,000..00 $113,000.00 Fund Source: PUBLIC SAFETY BOND Comments: Order in 2018, ahead of price increase. Delivery and Billing in 2019. MTG. DATE RECORD OF COUNCIL ACTION 12/10/18 MTG. DATE ATTACHMENTS 12/10/18 ' Informational Memorandum dated 11/21/18 Quotes from vendor including credit for trade-in of existing equipment Additional summary document provided at 12/3/18 Public Safety Committee Minutes from the Public Safety meeting of 12/3/18 95 96 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Jay C. Wittwer, Fire Chief BY: Chris Flores, Assistant Fire Chief CC: Mayor Ekberg DATE: November 21, 2018 SUBJECT: Extrication Equipment Replacement ISSUE Replace existing vehicle extrication equipment, sometimes referred to as the "Jaws of Life." BACKGROUND The current equipment was purchased through a FEMA Grant 14 years ago. Service and performance have become problematic. Reactive maintenance must be performed with regularity, and improvements in vehicle safety technology present significant challenges to the existing equipment. The current equipment must be connected via hydraulic lines to a gasoline engine power head. The proposed replacement equipment is battery powered and completely self-contained, does not rely on a gasoline engine power head, is more environmentally friendly, and is stronger and designed to defeat modern vehicle design and construction. DISCUSSION Given Tukwila's location with regard to major transportation routes and corridors, department personnel respond to significant numbers of motor vehicle accidents involving passenger and commercial vehicles. It is imperative that department extrication equipment be reliable and current with the challenges presented by vehicle technology, FINANCIAL IMPACT The financial impact is not more than $113,000.00 as the City will receive a $12,000.00 trade-in credit for old equipment. $113,000.00 is identified in the Public Safety Plan Bond for expenditure in 2019. Delivery and billing to take place in 2019. By placing an order in 2018 the City will avoid an approximately 5% manufacturers price increase, RECOMMENDATION The Council is being asked to consider the purchase of four sets of extrication equipment with associated accessories at the December 10, 2018 Committee of the Whole Meeting and Special Meeting to follow that same night. ATTACHMENTS -Quotes form vendor including credit for trade-in of existing equipment 97 98 Ph: 206-622-2875 TF: 800-426-6633 Fax: 253-236-2997 nwsales@Incurtis.com DUNS#: 00-922-4163 CUSTOMER: Tukwila Ciity Fire Department 6200 Southcenter Blvd. Tukwila WA 98188 REQUISITION NO, Hurst Quote F.O.B. FTSP CURTIS TOOLS FO SHIP TO: Tukwila City Fire Department Chief Flores 444 Andover Park E. Tukwila WA 98188 HEROES QUOTATION NO. 106003 SALESPERSON ISSUED DATE '! 12/05/2018 Northwest Division 6507 S. 208th St. Kent, WA. 98032 www.LNCURTIS.com Quotation No. 106003 Quotation EXPIRATION DATE 12/31/2018 CUSTOMER SERVICE REP Puget Sound John Cefalu John Cefalu jcefaiu@Incurtis,corrt jcefalu(lncurtis,com 206-661-3296 206-661-3296 REQUESTING PARTY CUSTOMER NO, Chief Chris Flores C3275 SHIP VIA Best Way RE Q DE VERY DATE NOTES & DISCLAIMERS THANK YOU FOR THIS OPPORTUNITY TO QUOTE. WE ARE PLEASED TO OFFER REQUESTED ITEMS AS FOLLOWS. IF YOU HAVE ANY QUESTIONS, NEED ADDITIONAL INFORMATION, OR WOULD LIKE TO PLACE AN ORDER, PLEASE CONTACT YOUR SALESPERSON OR CUSTOMER SERVICE REP AS NOTED ABOVE. TERM Net 30 S OFFER CL FR UNIT PART NUMBER DESCRIPTION 4 EA 271555000 HURST SP555E2 EDRAULIC 2 28" SPREADER PACKAGE - CONSISTING OF: 1 - SP555E2 SPREADER 1-CHARGER 2- EXL BATTERIES 2 4 EA 272788000 HURST S 788E2 EDRAULIC CUTTER PACKAGE, $9,205.00 $36,820.00 CONSISTING OF: 1- S 788E2 CUTTER 1-CHARGER 2- EXL BATTERIES 1 EA 4 6 5 4 6 6 7 6 274085000 HURST EA 272080910 HURST EA 272085412 HURST PPSP555E2V PLASTIX PPS788E2V PLASTIX R421E EDRAULIC 2 RAM PACKAGE - CONSISTING OF 1- R421E2 RAM 1- CHARGER 2- EXL BATTERIES . EDRAULIC DC BANK CHARGER 110V POWER SUPPLY ADPTR PLUG F/ EDRAULIC 2 HURST VERTICAL MOUNT FOR SP555E2 EDRAULIC CUTTER GEN 2 VERTICAL MOUNT HURST 788E2 CUTTER UNIT PRICE 10,278.00 TOTAL PRICE $41,112.00 $7,365.00 $7,365.00 $1,575.00 $9,450.00 $660.00 $2,640.00 $235.00 $1,410.00 $225.00 $1,350.00 Page 1 of 2 99 Ph: 206-622-2875 TF: 800-426-6633 Fax: 253-236-2997 nwsalesC@lncurtis,com DUNS#: 00-922-4163 8 6 9 2 CURTIS TOOLS FOR HEROES Northwest Division 6507 S. 208th St. Kent, WA. 98032 www.LNCURTIS.com Quotation No. 106003 PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE PPHUR-CORD-BKT Bracket for Hurst eDraulic 110V cord (wall or $100.00 $600.00 PLASTIX floor mount) PPR412E2 PLASTIX MOUNTING BRACKET FOR R412E2 RAM $210.00 $420.00 TRADE IN CREDIT OFFERED FOR HOLMATRO SYSTEM CONSISTING OF CUTTER, SPREADER, RAM, HOSES AND POWER UNIT. ONE SYSTEM ALLOWED FOR TRADE IN FOR EACH HURST EDRAULIC SYSTEM PURCHASED (CONSISTING OF CUTTER, SPREADER AND RAM.) TRADE IN CREDIT IN THE AMOUNT OF $3,000.00 PER HOLMATRO SYSTEM. PLEASE NOTE PRICE INCLUDES END USER START UP AND TRAINING. THIS CAN CONSIST OF ONE TRAIN THE TRAINER CLASS (8 HOURS) OR DIRECT SHIFT TRAINING FOR EACH OF YOUR THREE SHIFTS (3 DAYS X 4 HOUR CLASS) DUNS NUMBER: 009224163 SIC CODE: 5099 FEDERAL TAX ID: 94-1214350 THIS PRICING REMAINS FIRM UNTIL 1213112018, CONTACT US FOR UPDATED PRICING AFTER THIS DATE, Page 2 of 2 Subtotal Tax Total Transportation $101,167.00 $10,191.70 $750.00 Total $112,° 08.70 100 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes December 3, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: David Cline, Raejean Kreel, Bruce Linton, Rachel Bianchi, Trish Kinlow, Kim Walden, Chris Flores, Jay Wittwer, Laurel Humphrey CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Resolution: 2018 Comprehensive Emergency Management Plan Staff is seeking Council approval of a resolution that adopt the City of Tukwila 2018 Comprehensive Emergency Management Plan (CEMP). Staff is proposing no changes to the CEMP that was adopted in 2014 at this time, but state law requires renewal every five years in order to maintain eligibility for federal grants. A more thorough review and update will be conducted in 2019. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. B. Fire Department Purchase of Extrication Equipment Staff is seeking Council approval to purchase four sets of extrication equipment ("jaws of life") in the amount of $100,590.30 using Public Safety Plan bond funds. The current equipment is fourteen years old and needs replacing. The proposed new equipment is battery powered, more environmentally responsible, stronger, and designed to defeat modern vehicle design and construction. Committee members expressed support for the purchase but requested a single page showing the total cost. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. C. Contract Amendment: Weinstein Architects and Urban Designers Staff is seeking Council approval of Amendment No. 2 to Contract 17-068 in the amount of $383,462 with Weinstein Architects & Urban Designers for the design of the new fire stations. This addition will compensate the A&E team for the approximately 5% of additional costs to Stations 51 and 52 that resulted from the removal of Station 54. There are also some additional fees associated with the Council's decision to make Station 52 a drive -through station and retaining various alternates associated with each station. The increase to the contract is within the existing Council -approved budget for Stations 51 and 52. Mr. Goldblatt stated that this amendment will capture the A&E scope for the rest of the project. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. 101 102 COUNCIL AGENDA SYNOPSIS -- - -- - - - - --- - - Initials Me eting Date Date 12 Prepared by PMc Mayor's review Council review ITEM INFORMATION ITEM No. Spec 2.E. STAFF SPONSOR: PEGGY MCCARTHY ORIGINALAGENDA DATE: 12 0 18 AGENDA ITEM TITLE Update Fire and Park Impact Fees CATEGORY Discussion 12/10 E Motion Mtg Date E Resolution Mtg Date Ordinance Ej BidAward Mtg Date E] Public Hearing Zlirg Date E Other Mtg Date Mfg Date Mt s Date 12/10/18 SPONSOR Counce/ Mayor OMR ODCD Finance lhFzre ETS Police fIPW EjCourt •P&R SPONSOR'S Council is being asked to approve two ordinances updating the fire and park impact fees SI IMMARY pursuant to TMC 16.26.080 and 16.28.080, respectively, and based on the 7.1% increase in the Engineering News Report, Construction Cost Index for Seattle June 2017 to June 2018. REVIEWED BY Ej c.o.W. Mtg. CDN Comm ID Trans &Infrastructure fl Arts Comm. DATE: 12/4/18 Finance Comm. Comm. 11] QUINN Public Safety Comm. Ej Parks . Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Department Unanimous Approval; Forward Special Mtg. Consent 12/10 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/18 MTG. DATE ATTACHMENTS 12 0 8 Informational e orandum dated /28/18 Ordinances in Draft Form to included updated fee exhibits Current T C Exhibit B, Figure 16-1, Fee Schedules Minutes from the Finance Committee meeting of 2/ 8 103 104 City of Tukwila INFOR ATIONAL E TO: Finance Committee FROM: Peggy McCarthy, Finance Director CC: Mayor Ekberg DATE: November 28, 2018 SUBJECT: Update Fire and Park Impact Fees for 2019 ORANDU Allan Ekberg, Mayor ISSUE Update the fire and park impact fees pursuant to Tukwila Municipal Code 16.26.080 and 16.28.080, respectively. BACKGROUND The Tukwila Municipal Code calls for an annual fire and park impact fee increase based on the increase, if any, in the Construction Cost Index (CCI) for Seattle (June -June) published by the Engineering News Record (ENR). The Construction Cost Index for Seattle June 2017 to June 2018 published by the Engineering News Record was 7.1°/0 DISCUSSION The fee schedules codified through exhibits to the ordinances, and referenced in the TMC have been updated based on the 7.1% increase in the CCI index and included as attachments to the draft ordinances. RECOMMENDATION The Council Committee is being asked to approve the draft ordinances and forward this item to the December 10, 2018 Committee of the Whole and Special Meeting to follow that same night. ATTACHMENTS -Draft ordinances with updated Exhibits -Copies of the current impact fees 105 106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 TO UPDATE THE FIRE IMPACT FEE SCHEDULE, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.26 AS FIGURE 16-1, "FEE SCHEDULE;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2571 related to fire impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code Sections 16.26.060, 16.26.070 and 16.26.080 provide direction on annual updates to fire impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Fire Impact Fee Schedule Amended. Ordinance No. 2571, Exhibit B, is hereby amended to update the Fire Impact Fee Schedule codified as Figure 16-1, "Fee Schedule," as attached hereto. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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. W: Word Processing \Ordinances\Fire Impact Fees -Annual update 11-28-18 :bjs Page 1 of 2 107 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 January 1, 2019. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Updated Figure 16-1, "Fee Schedule," for Fire Impact Fees (Exhibit B to Ordinance No. 2571) W: Word Processing\Ordinances\Fire Impact Fees -Annual update 11-28-18 :bjs 108 Page 2 of 2 Figure 16-1 "Fee Schedule" CITY OFTWKWYLA FIRE IMPACT FEE SCHEDULE Exhibit B RESIDENTIAL - per dwelling unit (a) (b) Single family (d) With fire sprinkler system installed COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (C) W W FIRE Impact Fee Retail $ 2,0�05 Office $ 784 ------------------------------------ (a) (b) W (d) Attached accessory dwelling units are exempt from impact fees. Astructure with more than two dwelling units. See the more detailed land use descriptions in the Land Use Categories document. 6%discount for single family units with fire sprinkler system installed representing the portion ofall incidents that were 1fire only asopposed tnemergency medical incidents. Per 16.26'120,B.9.ofthe Tukwila Municipal Code, "A fee payer installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee." 109 110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 TO UPDATE THE PARKS IMPACT FEE SCHEDULE, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.28 AS FIGURE 16-1, "FEE SCHEDULE;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2572 related to parks impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code Sections 16.28.060, 16.28.070 and 16.28.080 provide direction on annual updates to parks impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Parks Impact Fee Schedule Amended. Ordinance No. 2572, Exhibit B, is hereby amended to update the Parks Impact Fee Schedule codified as Figure 16-1, "Fee Schedule," as attached hereto. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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. W: Word Processing\Ordinances\Parks Impact Fees -Annual update 11-28-18 :bjs Page 1 of 2 111 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 January 1, 2019. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Updated Figure 16-1, "Fee Schedule," for Parks Impact Fees (Exhibit B to Ordinance No. 2572) W: Word Processing \Ordinances \Parks Impact Fees -Annual update 11-28-18 :bjs 112 Page 2 of 2 CITY OFTUKW|LA PARK IMPACT FEE SCHEDULE EXHIBIT RESIDENTIAL ' per dwelling unit (a) Single family (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development W (d) Retail Office K-12 Educational facilities industrial/manufacturing ------------------------------------------------------ (a) (b) (C) (d) Impact Fee Attached accessory dwelling units are exempt from impact fees. Astructurevvith more than two dwelling units. See the more detailed land use descriptions in the Land Use Categories document. 80% discount for K-12 educational facilities. 113 �^��ure��~�vv��K�ou ' '�� '— ' ' Schedule" _ '— CITY OF TUKWKLA FIRE IMPACT FEE SCHEDULE Exhibit RESIDENTIAL - per dwelling unit xo (b) Unadjusted Adjusted Fee RBE� Fee fpe(e) Reduction Impact Single family $ 2,78K6 $ 2,689 40% $ 1,671 *o With fire sprinkler system installed $ 1,571 COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (C) W (C) (a) Po (C) (d) (e) 0 Retail office Ind ustrial/manufacturing � 3,120 $ 3,037 40% $ 1,872 1,220 $ 1,145 40% $ 732 Attached accessory dwelling units are exempt from impact fees. Astructure with more than two dwelling units. See the more detailed land use descriptions in the Land Use Categories document. G96discount for single family units with fire sprinkler system installed representing the portion ofall incidents that were fire only - as opposed to emergency medical incidents. Per 1G.Z6.12OR.9.mfthe Tukwila Municipal Code, "Afee payer installing aresidential fire sprinkler system inasingle-family home shall not be required to pay the fire operations portion of the impact fee." From the "Tukwila Fire and Park Impact Fees Rate Study, 2O18". Fee reduction to retain economic competitiveness. 114 CITY OF TUKWILA PARK IMPACT FEE SCHEDULE EXHIBIT B RESIDENTIAL - per dwelling unit (a) Single family (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) (c) (d) Retail Office K-12 Educational facilities (c) Industrial/manufacturing Unadjusted Adjusted Fee PARK Fee (e) fee (e) Reduction Impact Fee (f) $ 4,449 $ 4,409 40% $ 2,669 $ 3,876 $ 3,841 40% $ 2,325 $ 2,035 $ 2,001 40% $ 1,221 $ 1,835 $ 1,804 40% $ 1,101 $ 220 1,017 1,001 40% 610 Attached accessory dwelling units are exempt from impact fees. A structure with more than two dwelling units. See the more detailed land use descriptions in the Land Use Categories document. 80% discount for K-12 educational facilities. From the "Tukwila Fire and Park Impact Fees Rate Study, 2018". Fee reduction to retain economic competitiveness. 115 116 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes December 4, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Bruce Linton, Derek Speck, Laurel Humphrey CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinances: Fire and Parks Impact Fees Staff is seeking Council approval of two ordinances that would update the fire and impact fees. The Code calls for an annual increase based on any increase to the Construction Cost Index for Seattle published by the Engineering News Record. The CCI for Seattle June 2017 to June 2018 was 7.1%. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10, 2018 SPECIAL CONSENT AGENDA. B. Sate of Longacres Parcel Staff updated the Committee on the status of the potential sale of the Longacres parcel, approximately 3 acres of vacant land adjacent to Longacres Way and the Sounder commuter rail station. In March 2018 the City Council authorized the Administration to engage in a process to receive offers and establish the minimum price for the sale of certain city -owned properties, determined to be fair market value as established by an appraiser. In September 2018 the City issued a Request for Proposals for the Longacres parcel and received three: $2,240,000 from Alliance, $1,600,000 from Momentum, and $2,030,000 from Pulte. Kidder Mathews performed the appraisal and concluded the market value is $1,560,000. All three proposals qualify, but Alliance and Pulte only complete the purchase if they can also purchase the adjacent property. Staff will update the full Council in Executive Session on Monday. DISCUSSION ONLY. C. 2018 Finance Committee Work Plan Committee members and staff discussed the work completed over the past year. Chair Quinn will report out on Monday during a City Council year-end report. III. MISCELLANEOUS Adjourned at 6:07 p.m. Committee Chair Approval Minutes by LH 117 118 COUNCIL AGENDA SYNOPSIS Is Meeting Date Prepared by Mayor's r tx is Council reeiew 12/10/18 RB ITEM INFOR ATION ITEM No. Spec 2.J. S'i'.'u SPONSOR: RACHEL BIANCHI OR INALr1GI'sND,\ DATE: 12/10/18 AGENDA ITEM THEE Police Commanders Contract CATEGORY Discuss on Mtg Dale ►1 Motion Date 12/10/18 ® Resolution Ordinance E BidAward Mtg Date ❑ Public Hearing Mtg Dale ❑ Other A1tg Date Mtg Altg Date Mtg Date SPONSOR ❑Council ►1Myyor CFIR EDCD ❑Finance Fire ❑TS ❑P 'R ❑Police CPw ❑Court SPON.SOR'S The City and the Fraternal Order of Police representing the Commanders received a ruling SUMMARY regarding the 2017/2018 contract. The ruling of the arbitrator is binding. Therefore, Council is being asked to authorize the Mayor to sign the contract. RIA E 1'',D BY ❑ C.O.W. Mtg. C CDN Comm ❑ Finance Comm. ❑ Public Safety Comm: Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. [ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMI Com , Administrative Services IrrEI; N/A Per Council President COST IMPACT / FUND SOURCE EXPENDrl"uIuy REQUIRI D AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/18 MTG. DATE ATTACHMENTS 12/10/18 Tukwila Police Commanders 2017/2018 Contract. 119 120 2017-18 TUKWILA POLICE COMMANDERS LABOR AGREEMENT between the CITY OF TUKWILA and TERNAL ORDER OF POLICE Green River Lodge #27 Tukwila Labor Committee Effective NOVEMBER 8, 2018 THROUGH DECEMBER 31, 2018 1 121 TUKWILA POLICE COMMANDERS AGREEMENT by and between THE CITY OF TUKWILA and FRATERNAL ORDER OF POLICE — LODGE #27 TABLE OF CONTENTS ARTICLE TITLE PAGE Table of Contents 2 1 Recognition and Bargaining Unit 3 2 Definitions 3 3 Dues Deduction 4 4 Hours of Work and Overtime Exemption 4 5 Management Benefits 7 6 Uniforms and Clothing 8 7 Salaries 9 8 Grievance Procedure 10 9 Management Rights 12 10 Civil Service 12 11 Non -Discrimination 13 12 Indemnification 13 13 Entire Agreement 13 14 No Strike and No Lockout 14 15 Savings Clause 14 16 Duration of Agreement 15 122 AGREEMENT This mutual agreement has been entered into by the Fraternal Order of Police Green River Lodge #27, Tukwila Labor Committee (hereinafter referred to as FOP), and the City of Tukwila (hereinafter referred to as "City" or "Employer"). ARTICLE 1 RECOGNITION AND BARGAINING UNIT SECTION 1. The City of Tukwila recognizes the Fraternal Order of Police, Green River Lodge 27, Tukwila Labor Committee , as the exclusive bargaining representative of the Police Department for all Police Commanders of the Tukwila Police Department. ARTICLE 2 DEFINITIONS SECTION 1. For the purpose of this Agreement, the following definitions will control: 2.1 "Bargaining Unit" shall mean all regular full-time commissioned Commanders who are employed by the City of Tukwila Police Department and working in the position of Commander per PERC certification dated December 8th, 2016. Case No. 128476-E-16. 2.2 "Employer" shall mean the City of Tukwila, Washington 2.3 "Employee" shall mean all employees as set forth in Section 2.1 above and included in the bargaining unit. 2.4 "Union" shall mean Fraternal Order of Police, Green River Lodge #27, Tukwila Labor Committee . 2.5 "Police Chief' shall mean the Police Chief or Police Chief s designee. 3 123 ARTICLE 3 DUES DEDUCTION The following procedure shall be followed in the deduction of dues and initiation fees for members of the bargaining unit. Upon receipt of written authorization individually signed by a bargaining unit member, the City shall deduct from the pay of such member, the amount of dues as certified by an officer of the signatory organization and transmit the amount to the Association in a timely manner. The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. ARTICLE 4 HOURS OF WORK AND OVERTIME EXEMPTION Police Commanders shall generally work forty (40) hours per week schedules. Furthermore, the management nature of their position qualifies as an Executive Exemption under the Fair Labor Standards Act and Washington State Minimum Wage Act, and thus Police Commanders are salaried employees who are not paid overtime. Flexible work schedules will be utilized as may be acceptable to the Police Chief, after considering the coverage needed from the commander classification and commander duty responsibilities. In lieu of overtime pay, informal release time may be authorized in recognition of the time demands of the positions, as mutually agreed by the bargaining unit member and the Police Chief. ARTICLE 5 MANAGEMENT BENEFITS Unless otherwise agreed, the provisions set forth in City of Tukwila Resolution no. 1700, dated 11/09/09, shall continue to apply to police commanders as outlined in the following provisions of the City Resolution: 1. Holidays — Employees shall receive the following holidays in accordance with existing 124 City policy. Holidays listed. January 1 Third Monday in January Third Monday in February Last Monday in May Fourth of July First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 Floating Holiday New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Employees choice In the event a holiday fall upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. The Floating Holiday must be taken during the calendar year of entitlement or the day shall be forfeited. 2. Sick Leave — An employee shall accumulate sick leave pay at the rate of eight (8) hours for each completed calendar month of service up to a maximum of 720 hours (the equivalent of 720 hours (e.g. 90 8-hour days). Accumulated sick leave shall be paid at the rate of eight (8) hours per day at theiemployee's regular straight time hourly rate of pay from and including the employee's first (1 s `) working day absent. Sick leave benefits shall apply to bona fide cases of employees sickness, accident, doctor, dental or ocular appointments, maternity leave, or the illness or injury of a spouse or other dependent family member with a health condition that requires treatment or supervision, and requests for employee's presence by immediate family, doctor or clergy due to immediate family illness, or emergency. Sick Leave Incentive Employees who exceed the maximum accrual for sick leave hours of seven hundred and twenty (720) will receive twenty-five percent (25%) of the value of those hours above the seven hundred and twenty (720) maximum that can be earned in one (1) calendar year (96 hours) into their individual HRA VEBA account. Sick Leave Pay Out Upon Separation of Employment Upon an employee's separation of employment from the City, the City will contribute twenty-five percent (25%) of the amount payable for any unused sick leave into the employee's individual HRANEBA account. If required and applicable, the City shall exclude the contribution to the HRA/VEBA, the sum of unused sick leave accruals used by the Department of Retirement Systems in calculating the employee's average final 5 125 compensation. Domestic Partner Benefits The City of Tukwila Self -Insured healthcare plan extends dependent eligibility to employee's domestic partners and their children. The City will provide benefit coverage to a domestic partner of the same or opposite sex and dependent children on the same basis as provided to a spouse and dependent children. Eligibility for domestic partnership status will be established by presentation of proof of a registered domestic partnership of the State of Washington or the submission of an affidavit and documentation as required b y the City' s Personnel Policies. Funeral Leave An employee who has a member of his/her immediate family taken by death or who has been notified by a physician in attendance of imminent death may request to use up to fifty-six (56) hours of leave of absence with pay. Immediate family shall be defined as: spouse, registered domestic partner, mother, father, mother-in-law, father- in-law, children (including registered domestic partner's children in compliance with City Policy & Procedure #01-02-14), brother, brother-in-law, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren and any person acting in the capacity of a parent to the employee as a child (applying "in loco parentis" doctrine). 3. Medical Insurance The Employer shall pay the full premium cost for medical coverage (for employees and their eligible dependents) under the Self -Insured Medical Plan up to a maximum increase of eight percent (8%) each year. Any increase above 8% will be paid by the employee through payroll deduction; provided bargaining unit members shall not pay premium costs that exceed that which is paid by members of the Tukwila Police Officers' Guild during the term of this Agreement. In the event the monthly premiums increase more than eight percent (8%) in 2017 or 2018, the Employer or the Union have the right to reopen the Agreement to negotiate changes in the Self -Insured Medical Plan benefit level so that the increase in medical premium costs does not exceed eight percent (8%). In August of each year the Tukwila Health Care Committee will meet to review the actual costs of the Plan from September 1st of the previous year through August 315t of the current year. The actual costs together with any projected increase to the Tukwila Self -Insured Medical Plan shall be used by the City to determine the premium costs for the following year. For employees who elect medical coverage through Kaiser-Permanente, the Employer shall pay up to the maximum dollar amount contribution to the Self - Insured Plan for employee and dependent coverage. Any premium amounts in 126 excess of the Employer's contribution shall be paid by the individual employee through payroll deduction. Coverage under the Kaiser-Permanente Plan shall be determined by Kaiser-Permanente. Effective January 1, 2018, the Union accepts the following changes in plan design: The changes are: Increase co -pays for Specialist to $40 (from $25). Complex imaging to $100 (from $0), and Urgent Care to $50 (from $25) and Change to the Envision Select Formulary. 4. Life Insurance The City shall pay the premium to purchase life and accidental death and dismemberment insurance at one hundred percent (100%) of annual earnings rounded up to the next higher multiple of one thousand (1,000). 5. Vision/Optical The City shall provide coverage for eye examinations and optical care for each full-time employee and his or her eligible dependents at the rate of $200 per person, to a maximum of $400 per family each calendar year. 6. Disability Insurance The City shall provide one hundred percent (100%) of the premium for each full-time employee for a comprehensive long-term disability policy. 7. Health Reimbursement/VEBA Benefits Full-time employees shall be required to participate in the City of Tukwila HRA/VEBA plan. Eligible employees shall become effective in the plan, the first of the month following their date of hire with the City. The flat dollar contribution amount as approved by 51% majority vote shall be as follows upon the signing of this labor agreement between the parties: Plan Year 1 — effective date is upon the signing of this agreement — one year later = $400 per month ($200 per pay period) Plan Year 2 — effective date based upon plan year one = $400 per month ($200 per pay period) Plan Year 3 — effective date based upon plan year two = $400 per month ($200 per pay period). Future changes to monthly contribution amounts or plan design changes will be made when a successor labor agreement has been negotiated between the parties. 8. Vacations Full-time employees following the sixth (6) month of continuous employment shall be granted annual vacation leave of six (6) full days (each day is calculated at eight hours regardless of schedule worked) . Thereafter, the employee will accrue an additional day of annual leave each month, up to a total of 12 days (i.e. 96 hours). The maximum number of accrued hours is 384 or 48 days. Vacation Schedule: 7 127 Years of Service Vacation Accrual Years of Service Vacation Accrual 0-1 years 12 days (96 hours) 10 years 19 days (152 hours) 1-2 years 12 days (96 hours) 11 years 20 days (160 hours) 3-6 years 15 days (120 hours) 12 years 21 days (168 hours) 7 years 16 days (128 hours) 13 years 22 days (176 hours) 8 years 17 days (136 hours) 14 years 23 days (184 hours) 9 years 18 days (144 hours) 15 years + 24 days (192 hours maximum) 9. Ordinance, Policies and Procedures Except as otherwise provided by the terms of this Agreement, the City will maintain the status quo under City Ordinances, Policies and Procedures in regard to other mandatory subjects of bargaining including benefits applicable to police commanders. This includes, but is not limited to, other issues such as: personnel files, tuition reimbursement, internal affairs matters, leaves of absence, military leave, and department work rules and supplemental agreements that the parties may make during the term of the contract. 10. Vehicle Assignment Police Commanders are currently assigned vehicles by the City for the City's benefit that they are expected to take home and drive to work. The assignment of a take home vehicle is for the purpose of responding to emergency operations and to attend required evening or weekend city meetings. Police Commanders are expected to follow all city and department rules regarding the use and maintenance of city vehicles. The City retains the right to reduce the number of take home vehicles assigned to members of the bargaining unit; provided that the Union retains the right to propose alternatives as well as bargain the economic effects of doing so as may be required by RCW 41.56. ARTICLE 6 UNIFORMS AND CLOTHING Uniform/Clothing/Dry Cleaning/Footwear Allowance - An annual allowance shall be provided each employee in the amount of $600.00 for cleaning of City issued Uniforms, and the replacement of footwear. The City will continue to provide and replace required uniforms and equipment on a fair wear and tear basis. 128 ARTICLE 7 SALARIES 7.1 Effective upon the date of the arbitration award, November 8, 2018, the 2016 salary schedule shall be adjusted by 2.6% across-the-board. $10,625 $11,193 $11.667 Step 1 Step 2 Step 3 7.2 Effective upon the date of the arbitration award, November 8, 2018, the 2017 salary schedule shall be adjusted by 3.0% across -the-board. $10,944 $11,528 $12,017 Step 1 Step 2 Step 3 Note: Longevity Pay remains folded into the above salary schedule Effective upon the date the last party signs the Agreement, the City agrees to an annual stipend of $1500 per employee as an education incentive allowance, payable in the form of tuition reimbursement, not to exceed $6000 per year for the bargaining unit as a whole. An individual employee can assign his/her $1500 to another bargaining unit member. 9 129 ARTICLE 8 GRIEVANCE PROCEDURE 8.1 Definition. A "grievance" means a claim or dispute by an employee (or the FOP on behalf of an employee or employees or on its own behalf with regard to matters effecting the Guild as an entity) with respect to the interpretation or application of the provisions of this Agreement. 8.2 Procedure: A. Step 1: An employee or FOP must present a grievance in sufficient detail as to identify the claim or dispute within fourteen (14) calendar days of its alleged occurrence (or knowledge of the event giving use to the grievance) to the employee's supervisor who shall attempt to resolve it within fourteen (14) calendar days after it is presented to the supervisor. B. Step 2: If either the employee or FOP is not satisfied with the solution by the supervisor, the grievance, in writing, stating the section of the agreement violated, the facts of the case as seen by the grieving party, and the remedy sought, may be presented within fourteen (14) calendar days after receipt of the supervisor's answer in step 1 to the Chief of Police (with a copy to the Human Resources Director) who shall attempt to resolve the grievance within fourteen (14) calendar days of its presentation. C. Step 3: If the employee or FOP is not satisfied with the solution by the Chief of Police, the grievance, in writing, together with all other pertinent materials may be presented to the Mayor or his/her designee by a FOP representative within (14) calendar days after receipt of the Chiefs answer in Step 2. The Mayor or his/her designee shall attempt to resolve the grievance within fourteen (14) calendar days after it has been presented to the Mayor. D. Step 4: Except as otherwise provided in this Article, if the grievance is not resolved in Step 3 the grievance may, within thirty (30) calendar days, be referred to arbitration by the FOP . The City and the FOP shall try to agree upon a mutually acceptable arbitrator. If the parties fail to agree, they shall strike from a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, with all arbitrators being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. 10 130 It shall be the function of the Arbitrator to hold a hearing at which the parties may submit their cases concerning the grievance. The Arbitrator shall decide the case based on the interpretation and application of the provisions of the agreement within thirty (30) days after such hearing. The decision shall be in writing together with specific facts and rationale for deciding in favor of either party. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City, which is beyond its jurisdiction. Each party hereto will pay the expenses of their own representatives (e.g. attorney's fees) and the expenses of the arbitrator will be borne equally by the parties hereto. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this agreement. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the provisions of this Agreement. The Arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The City, Union and any bargaining unit member shall not have a right to bypass the arbitration provisions of this Agreement and resort to litigation or any other forum to appeal a grievance based on rights under this Agreement. Litigation or any other contest of any subject matter involving an employee or the Union in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. 8.3 Timeliness. It is the intent of this grievance procedure that the parties will process grievances within the timeframes set forth herein. In the event the grievance is not processed in the timeframes stated, then the matter shall be considered resolved. If the City fails to comply with the timeframes herein, then the grievance will automatically advance to the next step. The timeframes may be extended by mutual written agreement of the parties. 11 131 ARTICLE 9 MANAGEMENT RIGHTS All powers, authorities, functions and rights not specifically and expressly restricted by this Agreement are retained by the City and shall continue to be subject to exclusive management control. Management rights shall include, by way of illustration, the right to: • Establish and modify reasonable rules and regulations for the operation of the Police Department and the conduct and perfoi mance of its employees. + Deteiiiiine and change Police Department budget, methods of operation, facilities and equipment. Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend employees in accordance with City of Tukwila Civil Service Rules and Regulations. • Determine work schedules, number of personnel and the methods and processes by which work is to be performed. + Determine mental, physical and performance standards. + Assign work and determine the duties to be performed by Police Commanders including what work will be assigned to Police Commanders and what work will be assigned to other personnel. Determine the need for additional education courses, training programs, on-the-job training, or class training, assign employees to such duties for periods to be determined by the Employer. + To take whatever temporary actions are necessary in emergencies in order to assure the proper functioning of the Department. • The Union agrees that its members shall comply in full with Police Department rules, regulations, policies and procedures including those relating to conduct and work performance. ARTICLE 10 CIVIL SERVICE City of Tukwila Civil Service Rules and Regulations shall continue to apply to Commanders. Application of Civil Service Rules and Regulations by the Civil Service Commission shall not be subject to the Grievance Procedure. 12 132 ARTICLE 11 NON-DISCRIMINATION It is the continuing policy and recognized obligation of the City and the Union that the provisions of this Agreement shall be applied uniformly as required by federal and state employment laws that prohibit unlawful discrimination based upon race, color, religion, creed, national origin, handicap, sexual orientation, marital status, gender, or age, except where gender or age is a bona fide occupational qualification or any other class protected by law. Disputes regarding this Article may be handled through either the grievance procedure or the applicable regulatory agency, but not both. All provisions of this Agreement shall apply equitably to all male and female employees. ARTICLE 12 INDEMNIFICATION 12.1 The Employer shall indemnify, defend and hold harmless any employee, and the employee's marital community, named as a defendant in a lawsuit for alleged acts or omissions of the employee made in good faith during the course and in the scope of the employee's employment with the Employer; provided, that the Employer shall not be required to indemnify, defend or hold harmless the employee for any dishonest, fraudulent or criminal act, intentional misconduct or gross negligence of the employee, or for any suit brought against the employee by or on behalf of the Employer. This protection shall apply only after written notice that the employee has been named as a defendant in the lawsuit is given to the City Attorney by the employee or the Guild. The Employer retains the right to select the counsel to provide legal representation to the employee pursuant to this Article in the Employer's reasonable discretion. 12.2 The City or its Insurance carrier has the right to select the counsel to provide legal representation. The City or its insurance carrier will ensure that the attorney selected has a high level of experience in representing law enforcement officers in the use of force. ARTICLE 13 ENTIRE AGREEMENT 13.1. The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions. 13 133 13.2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement or by an agreement to modify the terms of this Agreement, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 14 - NO STRI AND NO LOCKOUT 14.1. No Strike. During the life of this Agreement, neither the Union nor any officer, agent, or employee will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage ofwork, or "sick-outs." 14.2. No Lockout. During the telin of this Agreement, the City will not instigate a lockout over a dispute with the Union so long as there is no breach of Section 1. 14.3. Union Official Responsibility. Each employee who holds the position of officer or steward or committeeman of the local Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In the event of a violation of Section 1 of this Article, the Union agrees to inform its members of their obligations under this Agreement, and to direct them to return to work. ARTICLE 15 - SAVINGS CLAUSE 15.1. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the reminder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such article. 15.2. If any provisions of this Agreement are found by a court of competent jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter shall prevail except in Union security provisions, in which case, the provisions of Article 20 shall prevail. The Employer agrees that in the event that any provision of Civil Service Rules and Regulations are suspended, abolished or modified, collective bargaining shall proceed immediately with respect to any items what as a result of such change may come within the discretion of the Employer, and the results of such bargaining shall be made a part of this Agreement. 14 134 DU ARTICLE 16 T ON OF AGREEMENT Unless otherwise provided herein, this Agreement shall become effective on the date the contract is signed by the last party signing the Agreement. It shall remain in force until December 31, 2018. City of Tukwila Fraternal Order of Police Allan Ekberg Mayor Date Date 15 135 136 Upcoming Meetings & Events December 2018 10th (Monday) 1 1th (Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) D Civil Service Commission, 5:00 PM (Human Resources Conference Room) D Transportation & Infrastructure Cmte., 5:30 PM (Ha:elnut Conference Room) D City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. Mtg. to be immediately followed by a Special Mtg. D Community Development & Neighborhoods Cmte., 5:30 PM (Ha:elnut Conference Room) D Tukwila International Boulevard Action Cmte, 7:00 PM (Valley View Sewer Dist., 3460 S 148th) D PaPIE Gmm.issien, Cancelled Human Services Advisory Board, 2.00 — 4:00 PM (Human Services Conference Room) S,, Planning Commission, 6:30 PM *SPECIAL MEETING* (Council Chambers) D COPCAB, 6 30 PM (Duivamish Conference Room) 17th (Monday) 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) Public Safety Cmte, 5:30 PM (Ha:elnut Conference Room) *TENTATIVE* D City Council Regular Mtg., 7:00 PM (Council Chambers) *TENTATIVE* D Finance Cmte, 5:30 PM ('Ha:elnut Conference Room) *TENTATIVE* Tukwila Boards & Commissions Holiday Social 5:30 — 7:00 PM (Hotel Interurban) Please RSVP to Cheryl Thompson at 206-433-1850 or cheryl.thompsong, tukwilawa.gov D Arts Commission, Cancelled D Tukwila Historical Society, Cancelled D Action Tukwila Meeting 700 — 830 PM (I'alley View Sewer Dist., 3460 S. 148' Si) The Tukwila Community Cancelled Center hardwood floor rooms will due to annual floor resurfacing December TukParks@Tukvvilawa..gov be Closed and Classes 17 — January 4. D Arts Commission: 3rd Wed., 5 00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305, Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conf Room Contact Michelle Godyn at 206-431-2187. >Community Development and Neighborhoods Committee: 2nd & 4th Tues,, 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) Status update on HealthPoint development planning. (B) 2019-2020 Human Services contracts. (C) An Inteigocal Agreement for South King County Housing and Homelessness Partnership, (D) Policy options related to Sound Transit. >COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6 30 PM, Duwamish Conference Room, Contact Chris Portman at 206-431-2197 > Equity & Social Justice Commission: 1st Thurs., 5 15 PM, Hazelnut Conf Room. Contact Cheryl Thompson at 206-433-1850. )'Finance Committee: 1st & 3rd Tues, 5.30 PM, Hazelnut Cont. Room. Contact Laurel Humphrey at 206-433-8993. > Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. > Park Commission: 2nd Wed., 5 30 PM, Community Center Contact Robert Eaton at 206-767-2332, >Planning Commission/Board of Architectural Review: 4th Thurs., 6 30 PM, Council Chambers at City Hall Contact Wynetta Briens at 206-431-3670. Public Safety Committee: 1st & 3rd Mon., 5.30 PM, Hazelnut Conf, Room Contact Laurel Humphrey at 206-433-8993. )'Transportation and Infrastructure Committee: 2nd & 4th Mon , 5.30 PM, Hazelnut Conf, Room, Contact Laurel Humphrey at 206-433-8993. (A) Neighborhood Traffic Calming Program Resolution for adoption. (B) Policy Options regarding Sound Transit. D Tukwila Historical Society: 3rd Thurs., 7 00 PM, Tukwila Heritage & Cultural Center, 14475 59' Avenue S. Contact Louise Jones -Brown at 206-244-4478. 'Tukwila Inel. Blvd. Action Cmte: 2nd Tues., TOO PM, Valley View Sewer District Contact Chief Linton at 206-433-1815. 137 Tentative Agenda Schedule r1EETING 1 REGULAR December :EETING 2 10 See agenda packet cover sheet for this week's agenda: December 10, 2018 Committee of the Whole Meeting. 17 IEETING 3 REGULAR 24 :EETING 4 C.o.w. 138