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Home My WebLink AboutCOW 2020-08-24 COMPLETE AGENDA PACKETTukwila City Council Agenda ILA -- fo •:+ COMMITTEE OF THE WHOLE + Allan 2 905 David Ekberg, Mayor Counci/members.• ❖ Verna Seal ❖ Kathy Hougardy Cline, City Administrator ❖ Kate Kruller ❖ Thomas McLeod Quinn, Council President •3 Zak Idan •S Cynthia Delostrinos Johnson De'Sean THE MEETING WILL NOT BE CONDUCTED AT TUKWILA CITY HALL, BASED ON THE GOVERNOR'S PROCLAMATION 24, 2020 WHICH SAYS IN PART: TO RCW 42.30, IS PROHIBITED FROM CONDUCTING ANY MEETING, SUBJECT TO 20-28 ADOPTED MARCH ANY PUBLIC AGENCY, SUBJECT RCW 42.30 UNLESS (A) THE MEETING IS NOT CONDUCTED IN -PERSON AND INSTEAD PROVIDES AN OPTIONS) FOR THE PUBLIC TO ATTEND THE PROCEEDINGS THROUGH, AT MINIMUM, TELEPHONIC ACCESS, ..." T E PHONE U E F ''. T E PU : LIC T LISTS T a; T E EETI IS: 1-253-292- 750, ACCESS C E: 67 ' 077» 47#. For Technical Support during the meeting call: 1-206-431-2179. Monday, August 24, 2020; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATION Washington Cities Insurance Authority Overview & City Council Dos and Don'ts. Ann Bennett, Executive Director, WCIA (Washington Cities Insurance Authority), and Kari Sand, Tukwila City Attorney 3. PUBLIC COMMENTS Those wishing to provide public comments will have the opportunity to deliver public comments via email. All written comments received by email to citycouncil@tukwilawa.gov prior to 5:00 PM on the date of the meeting can be read limit. during the by City the five-minute time aloud meeting staff within normal lease clearly in icate et er yo a t your e- ail rea rin to lic Co ents at the next Tu ila i Council eetin g 4. PUBLIC HEARING Interim flood plain management ordinance. To provide public hearing comments, please email citycouncil@tukwilawa.gov, provide your first and last name, and Pg.25 reference the public hearing topic in the subject line, by 5:00 PM on August 24, 2020. Once you have signed up by email, your name wi I be called upon during the meeting to speak for up to five minutes. Call 1-253-292-9750, ACCESS CODE: 670077847# at 7:00 PM on August 24, 2020 to access the meeting. 5. SPECIAL ISSUES a. Discussion on the interim flood plain management ordinance. b. Weekly COVID-19 report. c. COVID-19 financial impact report. d. Amendment No. 7 to contract #17-167 with SoundEarth Strategies, Inc., for the Public Safety Plan —Justice Center in the amount of $60,105.00. Pg.25 Pg.51 Pg.57 Pg.75 (continued...) COMMITTEE OF THE WHOLE / SPECIAL MEETING August 24, 2020 Page 2 5. SPECIAL ISSUES (cont.) e. An update on lodging tax allowable uses and process for using funds. f. An update on business license fee deferral. Pg.107 Pg.121 6. REPORTS a. Mayor b. City Council c. Staff d. Legislative Analyst 7. MISCELLANEOUS 8. ADJOURN TO SPECIAL MEETING ❖ SPECIAL MEETING •:• ❖ Ord #2634 ❖ Res #1997 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Vouchers b. Authorize the Mayor to sign an agreement with Seattle Southside Chamber of Commerce for the "Southside Promise" in the amount of $50,000.00. [Reviewed and forwarded to Consent by the Planning and Economic Development Committee on 8/17/20. J Pg.127 3. UNFINISHED BUSINESS Authorize the Mayor to sign Amendment No. 7 to contract #17-167 with SoundEarth Strategies, Inc., for the Public Safety Plan —Justice Center in the amount of $60,105.00. Pg.75 4. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 4. ADJOURNMENT This agenda is available Remote Tukwila at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Council meetings are audio taped (available at www.tukwilawa.gov) 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. c 0 0 mo co u) CI c) •_ 3 0 U ._ ua o tin c Cl) 1 "almm as 0 „,c c to 0 0 N co — 0 c c E) .0 o ' E ms2 <ci. 1 E M (0 (I) (i) ins 0 • . C .© NI Mow 0 Q of any Washington t 0 L. o) iiii © 1 • (MM v ) ap L E is a E o- w E nsurance co s. a) a . MOM E 0 1 c 0 ai O. c co 0, as ® Look for co Auto & Boiler Mach E a) E flu(73 8' - c a a a a- E MUM surance 1 3 a) Q) z and aprici©u I efa ati n — = p earance of Fairness �� 0 mentliscri inatian > 0 tt Q S 0 C CZ 51 L O ›, 4.. IN MEM m ; <<, r i r 0 -10 0 ..c cts m a) a a) 4) E M WWII =� 1 5 I 1 rance of Fairness Doc a. O a) c 0 C. Q L 21 a) CD U c z E E V c '- a) c a Cs Q 0 o 1 inte erence ith a business ex ectancy 0 0 it c o E a. a) z n m E 0 c cu �.o z a o 1 i 1 a) 4-, N Rs C0 U) U) a) aU aU N c >% 0 Co U) 0 1 a E E voidin the t 7 KW NOMIN IN Mal c 172. as a) E L. anges con C 0 CD E 1 0 a) a) o N >' E Q) II- Q CD CO co 4i co E i 9 or assurances cn a) I cn 0 L (,) E 0 C 0 1 questions to I. CD 0.4 Ce I cn -o c ca .c 0 s.. 0 >.% 't not take matters o 1 a a ai as c © E .a. -- +el E a) a) trim 0) as z 0 >% L a) c 0 >141 U IN ENNE , Q cm o V 'Es 4. 2.' « as 4-1 11 0 0 0 Ana J IR Mil VIE %d[ 0 c V 0 46 iI members may ask for staff 0 ii m E - Have staff respond to E E co 01 OININI -o c co u) a) V c as 1... Cl) v) co E © t 0_ cl) p 4 2 < n 1 eak Executive Session 0 C 0 0 C 0 7 z .... on and recuse C 0 7 I CD U) C Qi CD V Q) U) 0 a E U) C 0 f+ C co a) W .2 C U) M 0 EL 13 itten comm 0 E uc a) Ecn 4 Q 0 p CCn a) asco E with email E IN MEM E ..._ N NNW 0 a) 0 0 0 0 Cul Insur c+ Au t ©rity Council Do's and Don'ts Presented by: Ann Bennett WCIA Executive Director 16 Presented by Ann Bennett Executive Director Washington Cities Insurance Authority 1 '-'0'NexiMma,4,,Noir,,,,Kotopar,mprfpr, , ashington Cities Insurance Authority A municipal organization of :ashington public entities joined to share risk — Created in 1981 — 163 members Over $165 million in assets — Strongest financials of any Washington risk pool 'SATA lasurince Avatrorily 2 17 1 11,4414.`NiN*. 4Kq 00-77)WOMNITTIRRINAIMO7 titt, 4o, v4tikt s i&leiV9, Washington Cities Insurance Authority • Provides Self -Insurance for Members — Auto Liability, General Liability, Employment Practices, Errors & Omission — $25,000,000 per Occurrence - Look for coverage not exclusions • Purchases Insurance - Member Property, Auto & Boiler Machinery — Cyber and Pollution Liability purchased for all members — Crime Fidelity purchased by members • Provides Insurance Type Services - Claims - Risk Management WA hisura'nce Autharay 4 \to, ittlittjitst3ts? '" ,"0,,,,WYWARVARMARMARMARMATOWNVW,', , t,0,4f qd 4f 4 %,04-41ste sti4e.044, ommon Council Liability Exposures ▪ Land Use Negligent Misrepresentation - Arbitrary and Capricious Decisions - Appearance of Fairness Violations Defamation • Personnel - Harassment/Discrimination - Straying out of authority Public Works - Road Design WA illtilbfa;14Ze AUthOURY 18 2 Avoiding Liability iso>kkv'll %.10 At's Avoiding Liability Liability Individuals Can Receive Absolute immunity for Legislative Activities — Adoption of budgets, ordinances and resolutions — Only within context of council meeting as a whole lasktrance Atathorqy 5 '"",w2VMMANWMANWMANWMANWMANWMANW; ,,,,*\m's,1440304444, %ciSIgke 4%, >11*. f" Land Use - Know your role -Quasi Judicial or Legislative ? — If Quasi Judicial » Must be fair and impartial- • Appearance of Fairness Doctrine • Cannot communicate with proponent or opponent » Make findings of fact - Avoid Arbitrary and Capricious Decisions WA lasuraiace Atathorily 6 19 3 Avoiding Liability Land Use — Do not insert yourself in the process • Westmark v. City of Burien - $10,000,000 verdict - Found tortious interference with a business expectancy • Mission Springs v. City of Spokane - Directed official not to issue permit - No legislative immunity - Liable under state and federal law • Woodsview II LLC v. Kitsap County - Delay based tort claims evaluated by overall view of the reasonableness of a municipality's actions Avoiding the taint of bad faith remains paramount WA Avoiding Liability Personnel — Stay in legislative role • Set policies, budgets — Do not stray into Executive role • Management of employees, hiring/firing, discipline • Can be held personally liable for employment actions • Personnel law changes constantly 8 20 4 Avoiding Liabili Personnel — Harassment/Discrimination • Know the Law - Trainings - Policies • Report to Executive - Witnesses behavior - Made aware of problem by employee 9 Avoiding Liability Negligent isr presentation — Do not make specific promises or assurances — Refer specific questions to staff — Do not take matters into your own hands blFt 10 21 5 Avoiding Liability 444. \ ,44,4Wk‘nargiltitIllt1115:001,3, 3.114N1 44,1k ".• 44th Defamation — If the statement/opinion is regarding a legislative concern you have immunity — Careful discussing individuals • Are they a public official, staff or private individual? • Any untruth gives rise to liability , cities 1;4,4114'1)o., Autivr4 11 12 ' '"",""M,RWARVA.O.NNWERVERVERNERNERW, 4,441U4444‘64‘6444, 4, 4 4 444.44.4444.4, .4, t. „ ,,,,,V0040614404$40,1000400444 %,v4R4S&e '3` 4#' 044$\4414, 4,4,4 Avoiding Liability Public orks — Do not "politically engineer" • Crosswalks, Signs, Speed Limits - individual council members may ask for staff input outside of council meeting - Have staff respond to requests — Avoid promises, assurances and inflammatory statements WA Auth,Thily 22 6 Avoiding Liabili Do not leak Executive Session information — Resist the temptation to share! --- Disclose conflicts prior to session and recuse yourself ® Claims and Litigation • Can jeopardize defense • Possible sanctions imposed 13 Avoiding Liability Be mindful of written communications — Email/ Twitter/ Facebook/Texts • Always use City email address, not personal • Use of a personal computer could subject it to search • Be mindful of Open Public Meetings Act with email • May lose your legislative immunity 14 23 7 15 24 8 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared ly Mayor's review Council review 08/24/20 GL ITEM INFORMATION ITEM No. STAFF SPONSOR: RYAN LARSON ORIGINAL, AGENDA DATE: 08/24/20 AGENDA ITEM TITLE Public Hearing on the Interim Flood Plain Management Ordinance (Ordinance No. 2633 approved by Council 8/17/20) CATEGORY [ Discussion Mtg Date 01/01/20 ❑ Motion Mtg Date ❑ Resolution "Date ❑ Ordinance "Date 01/08/20 ❑ Bid Award MU;Date ® Public Hearing "Date 08/24/20 [ Other Mtg Dale SPONSOR ❑ Council ❑ Mayor I- HR ❑ DCD ❑ Finance ❑ Fire 1 TS ❑ P&R 1 Police ►1 PIE SPONSOR'S FEMA required that the new flood management regulations be updated by 8/19/20. On SUMMARY 8/17/20, Council adopted the Interim Flood Plain Management Ordinance No. 2633. The final flood plain management ordinance is still under SEPA and state review and will return to Council in September. State law requires that a Puplic Hearing be held before an ordinance is adopted or within 60-days following adoption. Council is being asked to hold a public hearing on the adopted Interim Flood Plain Management Ordinance No. 2633. REVIEWED BY 11 Trans&Infrastructure ❑ CommunitySvs/Safety E Finance Corn ❑ Planning/Economic Dev. P Arts Comm. ❑ Parks Comm. I- Planning Comm. COMMITTEE CHAIR: C. DELOSTRINOS JOHNSON ❑ LTAC DATE: 8/3/20 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/24/20 MTG. DATE ATTACHMENTS 08/24/20 Informational Memorandum dated 08/21/20, updated in strike thru underlined format Ordinance No. 2633 25 26 Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Interim Director TO: Tukwila City Council FROM: Hari Ponnekanti, Interim Public Works Director BY: Ryan Larson, Program Manager CC: Mayor Ekberg DATE: August 21, 2020 SUBJECT: Public Hearing on Interim Flood Plain Management Ordinance Update ISSUE Conduct a public hearing on the adopted Interim Floodplain Management Ordinance. BACKGROUND The City's Flood Plain Management Ordinance was passed in 1980 and updated in 1988 and 2002. On May 15, 2020, the Federal Emergency Management Agency (FEMA) notified Washington jurisdictions participating in the National Flood Insurance Program (NFIP) that our Flood Ordinance would require updates to comply with new federal and state regulations and to adopt revised Flood Insurance Rate Maps (FIRMs) by August 19, 2020. Failure to meet this deadline would have resulted in Tukwila being temporarily suspended from the Flood Insurance program and residents would not have been able to obtain flood insurance, receive a federally backed mortgage, and disaster assistance for properties within an identified flood hazard until the new regulations are adopted. Public Works used the State's model flood ordinance as a template to update the Flood Ordinance. The Transportation and Infrastructure Committee reviewed the changes at the July 20, 2020 meeting. This draft was sent to the Department of Ecology (DOE) and Department of Commerce for review and approval. The ordinance is undergoing Department of Commerce and SEPA review and a final determination will not be completed until after the required ordinance adoption date. Council adopted an Interim Floodplain Management Ordinance on August 17, 2020 in order to meet the FEMA deadline. State law requires that a public hearing be held before an ordinance is adopted or within 60-days following adoption. DISCUSSION To meet the required August 19, 2020 adoption date, an interim Flood Plain Management Ordinance was drafted based on the draft ordinance currently under review. This interim ordinance allowed the required changes to go into effect by the FEMA deadline and will allow the permanent ordinance to complete the required review process. The interim ordinance adopted revised FIRMs that better reflect the actual Special Flood Hazard Areas (SFHA) within the City. The FIRM updates were done for all jurisdictions along the Green River. In addition, the interim ordinance also clarified language concerning development within SFHA. Substantive updates of the adopted interim Floodplain Management Ordinance include: • Revised definitions that more closely follow the definitions used by DOE • Revised code language changes to match language used by DOE • A provision to exclude storage or processing of hazardous materials • A provision to include filling and grading as activities requiring a flood permit • A provision limiting uses of areas constructed below the lowest floor to parking and storage FISCAL IMPACT Additional development and land clearing activities within the SFHA will now be regulated. This will require additional staff time to review and approve Flood Permits. RECOMMENDATION Council is being asked to conduct a required public hearing on the adopted interim Floodplain Management Ordinance. Attachment: Adopted Interim Flood Plain Management Ordinance https://tukwilawa.sharepoint.com/sitestmayorsoffice/cc/CC Docs/Final agendas/8-24-20 Counc//Floodplain Management Ordinance V3Public Hearing.docx 27 28 ashin;: on Ordinance No. 2- 6 2,3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2038, AS CODIFIED AS CHAPTER 16.52, "FLOOD PLAIN MANAGEMENT;" REENACTING TMC CHAPTER 16.52 TO PROVIDE FOR INTERIM FLOOD PLAIN MANAGEMENT REGULATIONS AND POLICIES AS REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM; ESTABLISHING SIX MONTHS AS THE EFFECTIVE PERIOD FOR THE INTERIM ORDINANCE; ADOPTING FINDINGS; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, flood hazard areas in Tukwila are subject to periodic inundation which may result in loss of life or property, may create health or safety hazards, may disrupt commerce or governmental services, may cause extraordinary public expenditures for flood protection and relief, or might impair the tax base, all of which adversely affect the public health, safety, and general welfare; and WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and damage uses in other areas when inadequately anchored;, and WHEREAS, uses that are inadequately flood -proofed, elevated or otherwise protected from flood damage can contribute to losses due to flooding; and WHEREAS, the Legislature of the State of Washington delegated the responsibility to local governmental units of adopting regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, in Title 86 of the Revised Code of Washington, the Legislature of the State of Washington authorized local governmental agencies to regulate use and development of flood hazard areas within their jurisdictions in order to reduce such hazards; and W: Word Processing\Ordinances\Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 1 of 21 29 WHEREAS, on July 27, 2020, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony on the proposed flood ordinance; and WHEREAS, to remain eligible forthe National Flood Insurance Program (NFIP), the City of Tukwila is required to adopt updated regulations that meet or exceed the requirements of Section 60.3, Chapter 1, Title 44 of the Code of Federal Regulations (CFR) by August 19, 2020; and WHEREAS, if Tukwila is suspended from the NFIP, residents will be unable to purchase flood insurance, renew existing flood insurance policies, or obtain Federal mortgage insurance or loan guarantees for properties within an identified flood hazard area, and federal grants, loans, and disaster assistance will not be available to properties within an identified flood hazard area; and WHEREAS, on May 26, 2020, the Federal Emergency Management Agency (FEMA) confirmed in writing that the adoption of interim controls is an acceptable approach to maintain eligibility in the NFIP until such time permanent regulations are adopted, provided that such permanent regulations are adopted within six months of the effective date of this ordinance; and WHEREAS, a delay in the adoption of the final regulations will provide sufficient time to obtain a Washington State Environmental Policy Act (SEPA) determination and approval from the Department of Commerce on the final regulations; and WHEREAS, the City Council may adopt interim regulations fora period of up to six months so long as the City Council holds a public hearing on the interim regulations as required by RCW 35A.63.220 within 60 days of adoption of the interim regulations; and WHEREAS, pursuant to Washington Administrative Code (WAC) 197-11-880, the adoption of this interim ordinance is exempt from the requirements of a threshold determination under the Washington State Environmental Policy Act (SEPA); and WHEREAS, the City Council finds that an emergency exists and this interim ordinance is necessary for the immediate protection of public health, public safety, public properly, and public peace; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact and/or Conclusions of Law of the City Council pursuant to the requirements of RCW 35A.63.220. Section 2. Repealer. Ordinance No. 2038, as codified as Tukwila Municipal Code (TMC) Chapter 16.52, "Flood Plain Management," is hereby repealed in its entirety and is replaced with interim controls as provided for in Sections 4 through 19 of this ordinance. W: Word Pro cessing\Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 2 of 21 30 Section 3. Duration of Interim Controls. This interim ordinance shall be in effect for six months, commencing on August 19, 2020 and ending on February 19, 2021, unless extended or unless a final ordinance is adopted amending the Tukwila Municipal Code and rescinding the interim controls before February 19, 2021. Section 4. TMC Chapter 16.52 Reenacted. TMC Chapter 16.52 is hereby re- enacted to read as follows: CHAPTER 16.52 FLOOD PLAIN MANAGEMENT Sections: 16.52.010 Statutory Authorization 16.52.020 Purpose 16.52.030 Definitions 16.52.040 Applicability 16.52.050 Basis for Establishing the Areas of Special Flood Hazard 16.52.060 Interpretation 16.52.070 Warning and Disclaimer of Liability 16.52.080 Administration 16.52.090 Permits 16.52.100 Standards 16.52.110 Floodways 16.52.120 Critical Facility 16.52.125 Compliance 16.52.130 Penalties 16.52.140 Abrogation and Greater Restrictions Section 5. TMC Section 16.52.010 is hereby reenacted to read as follows: 16.52.010 Statutory Authorization The Legislature of the State of Washington delegated the responsibility to the City of Tukwila to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Section 6. TMC Section 16.52.020 is hereby reenacted to read as follows: 16.52.020 Purpose This chapter aims to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas, by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money and costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken atthe expense of the general public; W: Word Pro cessing \Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 3 of 21 31 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in an area of special flood hazard; 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and 9. Participate in and maintain eligibility forflood insurance and disaster relief. Section 7. TMC Section 16.52.030 is hereby reenacted to read as follows: 16.52.030 Definitions Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. 1. Alteration of watercourse: Any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. 2. Appeal: A request for a review of the interpretation of any provision of this chapter or a request for a variance. 3. Area of shallow flooding: A designated zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheetflow area. 4. Area of special flood hazard: The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard". 5. ASCE 24: The most recently published version of ASCE 24, "Flood Resistant Design and Construction", published by the American Society of Civil Engineers. 6. Base flood: The flood having a 1% chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). W: Word Processing\ Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 4 of 21 32 7. Base Flood Elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood. 8. Basement: Any area of the building having its floor sub -grade (below ground level) on all sides. 9. Building: See "Structure." 10. Building Code: The current editions of the building codes and amendments adopted by Washington State and amended by the City of Tukwila. 11. Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. 12. Critical facility: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools; nursing homes; hospitals; police, fire and emergency response installations; and installations that produce, use, or store hazardous materials or hazardous waste. 13. Development: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. 14. Director: The Director of Public Works or designee. 15. Elevation Certificate: An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F). 16. Elevated building: For insurance purposes, a non -basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. 17. Essential facility: This term has the same meaning as "Essential Facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities. 18. Flood or Flooding: (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland ortidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or W: Word Processing \Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 5 of 21 33 (3) Mudslides (i.e., mudflows), which are proximately caused by flooding as defined in subparagraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event that results in flooding as defined in subparagraph (a)(1) of this definition. 19. Flood elevation study: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood - related erosion hazards. Also known as a Flood Insurance Study (FIS). 20. Flood Insurance Rate Map (FIRM): The official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 21. Floodplain or flood -prone area: Any land area susceptible to being inundated by water from any source. See "Flood or Flooding." 22. Floodplain Administrator: The community official designated by title to administer and enforce the floodplain management regulations. 23. Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction. 24. Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood -proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. 25. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." 26. Functionally dependent use: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes W: Word Processing \Ordinances \ Flood PI ain Management INTERIM ordinance 8- -20 RL:bjs 34 Page 6 of 21 only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. 27. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 28. Historic structure: Any structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior, or (2) Directly by the Secretary of the Interior in states without approved programs. 29. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this chapter (i.e. provided there are adequate flood ventilation openings). 30. Manufactured home: A structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." 31. Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 32. Mean sea level: For purposes of the National Flood Insurance Program, the vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. 33. New construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date W: Word Pro cessing \Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 7 of 21 35 of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. 34. NFIP means National Flood Insurance Program. 35. One -hundred -year flood or 100-year flood: See "Base flood." 36. Reasonably safe from flooding: Development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered "A" zones where flood elevation information is not available and cannot be obtained by practicable means, "reasonably safe from flooding" means the lowest floor is at least two feet above the H ighest Adjacent Grade. 37. Recreational vehicle: A vehicle: a. Builton a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; truck; and c. Designed to be self-propelled or permanently towable by a light -duty d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 38. Special Flood Hazard Area (SFHA): The land in the flood plain subject to a 1% or greater chance of flooding in any given year. It is also referred to as the 100- year flood elevation or the base flood elevation. These areas are designated on Flood Insurance Rate Maps (FIRMs) using the letters A or V. Special flood hazard areas include flood -prone areas designa ted by the City. 39. Start of construction: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any W: Word Pro ces sing\Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 8 of 21 36 wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 40. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 41. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 42. Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." 43. Variance: A grant of relief by a community from the terms of a floodplain management regulation. 44. Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is a grant of relief by a community from the terms of a floodplain management regulation. 45. Water surface elevation: The height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 46. Water Dependent: A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. W: Word Pro oessing \Ordinances \ Flood Plai n Management INTERIM ordinance 8-11-20 RL:bjs Page 9 of 21 37 Section 8. TMC Section 16.52.040 is hereby reenacted to read as follows: 16.52.040 Applicability This chapter applies to all special flood hazard areas within the City of Tukwila jurisdiction. Section 9. TMC Section 16.52.050 is hereby reenacted to read as follows: 16.52.050 Basis for Establishing the Areas of Special Flood Hazard A. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering reportentitled "The Flood Insurance Study (FIS) for King County, Washington and Incorporated Areas" dated August 19, 2020, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs) dated August 19, 2020, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The FIS and the FIRMs are on file at 6300 South center Boulevard, Suite 100. B. The best available information for flood hazard area identification as outlined in TMC Section 16.52.080.C2 shall be the basis for regulation until a new FIRM is issued which incorporates this data. Section 10. TMC Section 16.52.060 is hereby reenacted to read as follows: 16.52.060 Interpretation In the interpretation and application of TMC Chapter 16.42, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. Section 11. TMC Section 16.52.070 is hereby reenacted to read as follows: 16.52.070 Warning and Disclaimer of Liability The degree of flood protection required by TMC Chapter 16.52 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Tukwila, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. Section 12. TMC Section 16.52.080 is hereby reenacted to read as follows: IN: Word Processing\Ordinances \ Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 10 of 21 38 16.52.080 Administration A. The Public Works Director is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions. B. The Director may: 1. Restrict or prohibit development that is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, or in flood heights or velocities; 2. Require that development vulnerable to floods be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers that would unnaturally divert floodwaters or that might increase flood hazards in other areas. C. The Director's duties shall include, but shall not be limited to: 1. Permit Review. a. Review all development permits to determine that the permit requirements of this chapter have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. c. The site is reasonably safe from flooding. d. Review all development permits to determine if the proposed development is located in the floodway, and ensure that the encroach ment provisions of TMC Section 16.52.110, "Floodways," are met. e. Notify FEMA when annexations occur in the Special Flood Hazard Area. 2. Special Flood Hazard Area. a. When base flood elevation data has not been provided in A zones, th e Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer TMC Chapter 16.52. b. Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (TMC Section 16.52.080), applications for floodplain development shall be reviewed to assure that proposed construction will be reasonably W: Word Processing\Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 11 of 21 39 safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. c. Where needed, the Director shall interpret exact location of the boundaries of the areas of special flood hazards — for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The Director shall provide the person contesting the boundary location a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). 3. Changes to Special Flood Hazard Area. a. If a project will alter the Base Flood Elevation (BFE) or boundaries of the Special Flood Hazard Area (SFHA), then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally requ ire a Letter of Map Change, then the project proponent shall initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR. b. If a CLOMR application is made, the project proponent shall also supply the full CLOMR documentation package to the Floodplain Administrator to be attached to the floodplain development permit, including all required property owner notifications. 4. Watercourse Alteration. a. Notify adjacent communities and the Department of Ecology (DOE) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration through appropriate notification means. (44 CFR 60.3p(6)) b. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 5. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the FIS, FIRM, or required as in TMC Section 16.52.080.C.2, obtain and maintain a record of the actual (as -built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. b. For all new or substantially improved flood -proofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in TMC Section 16.52.080.C.2: (1) Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was flood -proofed. W: Word Processing \Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 12 of 21 40 (2) Maintain the floodproofing certifications required in TMC Section 16.52.090.D.3. c. Certification required by TMC Section 16.52.110.A.1. d. Records of all variance actions, including justification for their issuance. e. Improvement and damage calculations. f. Maintain for public inspection all records pertaining to the provisions of this ordinance. Section 13. TMC Section 16.52.090 is hereby reenacted to read as follows: 16.52.090 Permits A. A Flood Zone Control Permit (FZCP) shall be obtained before construction or development begins within any area of special flood hazard established in TMC Section 16.52.050. The permit shall be for all structures including manufactured homes, as set forth in the "Definitions," and for all development including clearing, filling, grading, and other activities, also as set forth in the "Definitions." B. Application for an FZCP shall be submitted with the project application for a clearing and grading permit, shoreline permit, plat or subdivision permit, or a building permit, whichever comes first. C. An FZCP is a Type 1 permit processed pursuant to TMC Section 18.108.010. D. Application for an FZCP shall be made on forms furnished by the City and shall meet the City's standards for plan submittals. The applicant must provide the following information: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator; 2. Elevation in relation to mean sea level to which any structure has been flood -proofed; 3. Where a structure is to be flood -proofed, certification by a registered professional engineer or architect that the flood -proofing methods for any non residential structure meet flood -proofing criteria in TMC Section 16.52.100 B.2; 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development; 5. Where development is proposed in a floodway, an engineering analysis determination of no rise of the Base Flood Elevation, and 6. Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application. Section 14. TMC Section 16.52.100 is hereby reenacted to read as follows: W: Word Processing \Ordinances\Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 13 of 21 41 16.52.100 Standards A. General Standards. In all areas of special flood hazards, the following standards are required: 1. Elevation. Where flood elevation data is not available, either through the FIRM or from another authoritative source, all new construction and substantial improvements shall be elevated at least two feet above the highest adjacent grade. 2. Anchoring. a. All new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors. 3. Construction Materials and Methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. All new construction and substantial improvements on slopes shall have drainage paths to guide floodwaters around and away from proposed structures. d. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Storage of Materials and Equipment. a. The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding are prohibited in special flood hazard areas. b. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. 5. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; b. A proposed water well shall be approved by Department of Ecology and be located on high ground that is not in the floodway; W: Word Processing \Ordinances \Rood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 14 of 21 42 c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and d. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 6. Subdivision Proposals and Development. All subdivisions, as well as new development shall: a. Be consistentwith the need to minimize flood damage; b. Have public utilities and facilities — such as sewer, gas, electrical and water systems — located and constructed to minimize or eliminate flood damage; c. Have adequate drainage provided, to reduce exposure to flood damage; and, d. Where subdivision proposals and other proposed developments contain greater than 50 lots or 5 acres (whichever is the lesser), base flood elevation data shall be included as part of the application. B. Specific Standards. In all areas of special flood hazards where Base Flood Elevation data has been provided as set forth in TMC Section 16.52.050 or TMC Section 16.52.080.C.2, the following provisions are required: 1. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the Base Flood Elevation. Mechanical equipment and utilities shall be waterproofed or elevated one or more feet above the Base Flood Elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, and must meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential Construction: a. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation, or elevated as W: Word Processing \Ordinances \ Flood Plai n Management INTERIM ordinance 8-11-20 RL:bjs Page 15 of 21 43 required by ASCE 24, whichever is greater, or together with attendant utility and sanitary facilities, shall: (1) Be dry flood -proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry flood -proofed to the elevation required by ASCE 24, whichever is greater; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in TMC Section 16.52.080.C.5. b. Nonresidential structures that are elevated, not flood -proofed, must meet the same standards for space below the lowest floor as described in TMC Section 16.52.100, B.1.b., for residential construction. c. The City shall notify applicants who propose to flood -proof nonresidential buildings that flood insurance premiums will be based on rates that are one foot below the flood -proofed level (e.g. a building flood -proofed to the base flood level will be rated as one foot below). Flood -proofing the building an additional foot will reduce insurance premiums significantly. 3. Manufactured Homes: a. All manufactured homes to be placed or substantially improved on sites, outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately -designed foundation system to resist flotation, collapse and lateral movement. b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either: (1) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. 4. Recreational Vehicles. Recreational vehicles placed on sites are required to either: W: Word Processing \Ordinances\Flood Plain Management INTERIM ordinance 8- -20 RL:bjs Page 16 of 21 44 a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c. Meet the requirements for manufactured homes, including the elevation and anchoring requirements for manufactured homes. 5. Enclosed Areas Below the Lowest Floor: If buildings or manufactured homes are constructed or substantially improved with fully -enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage. C. Green River. In addition to the general and specific standards in the section, the following standards apply to all areas adjacent to the Green River: 1. Construction/Reconstruction of Dikes/Levees: As part of the flood -proofing for developments adjacent to the Green River through Tukwila, construction or reconstruction of the dike/levee system, in accordance with dike/levee plans and engineering studies, and in accordance with the Green River Management Agreement (AG No. 85-043), will be required as part of the plan submittal. 2. If dike/levee improvements are not required, and the natural riverbank is allowed as bank protection, then a riverbank stability analysis shall be provided to the Public Works Department for review as part of the plan submittal. 3. Dedication of levee/dike/riverbank access construction and maintenance easements on all properties adjacent to the Green River shall, as part of their development, dedicate construction and maintenance easements for access and maintenance of existing or futu re dikes/levees/riverbanks along the Green River as part of their plan submittal. These easements shall be provided in such a manner so that immediate access is allowed from other public rights -of -way for maintenance and construction of dikes/levees. Section 15. TMC Section 16.52.110 is hereby reenacted to read as follows: 16.52.110 Floodways A. Located within areas of special flood hazard established in TMC Section 16.52.050 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply: 1. No Rise Standard. Proh ibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. W: Word Processing\Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 17 of 21 45 2. Residential Construction in Floodways. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: (i) repairs, reconstruction, or improvements to a structure that do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (a) before the repair or reconstruction is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. 3. Substantially Damaged Residences in Floodway. a. For all substantially damaged residential structures located in a designated floodway, the Floodplain Administrator may make a written request that the Department of Ecology assess the risk of harm to life and property posed by the specific conditions of the floodway. Based on analysis of depth, velocity, flood -related erosion, channel migration, debris load potential, and flood warning capability, the Department of Ecology may exercise best professional judgment in recommending to the local permitting authority repair, replacement, or relocation of a substantially damaged structure consistent with WAC 173-158-076. The property owner shall be responsible for submitting to the local government and the Department of Ecology any information necessary to complete the assessment. Without a favorable recommendation from the Department for the repair or replacement of a substantially damaged residential structure located in the regulatory floodway, no repair or replacement is allowed per WAC 173-158-070(1). b. Before the repair, replacement, or reconstruction is started, all requirements of the NFIP, the state requirements adopted pursuant to 86.16 RCW, and all applicable local regulations must be satisfied. In addition, the following conditions must be met: W: Word Processing \Ordinances \ Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 18 of 21 46 (1) There is no potential safe building location for the replacement residential structure on the same property outside the regulatory. floodway. (2) A replacement residential structure is a residential structure built as a substitute for a legally existing residential structure of equivalent use and size. (3) Repairs, reconstruction, or replacement of a residential structure shall not increase the total square footage of floodway encroachment. (4) The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of one foot higher than the Base Flood Elevation. (5) New and replacement water supply systems are designed to eliminate or minimize infiltration of floodwater into the system. (6) New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of floodwater into the system and discharge from the system into the floodwaters. (7) All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage. B. All Other Building Standards Apply in the Floodway. If TMC Section 16.52.110.A.1 is satisfied or construction is allowed pursuant to TMC Section 16.52.110.A.2, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of TMC Section 16.52.100. Section 16. TMC Section 16.52.120 is hereby reenacted to read as follows: 16.52.120 Critical Facility Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA). The Director may permit construction of a new critical facility within the SFHA if no feasible alternative is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above base flood elevation or elevated to the 500-year flood elevation, whichever is higher. Flood -proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access to and from the critical facility should also be protected to the height utilized above. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. Section 17. TMC Section 16.52.125 is hereby established to read as follows: 16.52.125 Compliance All development within special flood hazard areas is subject to the terms of this ordinance and other applicable regulations. W: Word Pro cessing \ Ordinances \Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 19 of 21 47 Section 18. TMC Section 16.52.130 is hereby reenacted to read as follows: 16.52.130 Penalties No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000, or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Tukwila from taking such otherlawfu I action as is necessary to prevent or remedy any violation. Section 19. TMC Section 16.52.140 is hereby reenacted to read as follows: 16.52.140 Abrogation and Greater Restrictions This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 20. 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 21. Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any Section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. Section 22. Declaration of Emergency — Effective Date. The City Council hereby declares that a public emergency exists necessitating that this ordinance take effect on August 19, 2020, upon its passage by a majority plus one of the whole membership of the Council, and that these interim flood hazard regulations must be imposed as an emergency measure in order to protect the public health, safety, property and welfare. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. W: Word Pro cessing \Ordinances\Flood Plain Management INTERIM ordinance 8-11-20 RL:bjs Page 20 of 21 48 PASSED BY THE CITY COUNCIL OF THE CITY OF 'TUKWILA, WASHINGTON, at a Regular Meeting thereof this VA- day of 1- , 2020. ATTEST/AUTHENTICATED: o.m.g.11 C,?h/ced&j, 067(ahehz-y Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: ciztt-e; ,Sez,eze Office of the City Attorney A an Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: It- ri Published: .-ze Effective Date: P. Sc,. Ordinance Number: 263? W:Word Pro cessinglOrdinances \FloodPlain Management INTERIM ordnance 8-11-20 RL:bjs Page 21 of 21 49 50 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 8/24/20 RB ITEM INFORMATION ITEM No. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 8/24/20 AGENDA ITEM TITLE A weekly update on the City's planning and response to COVID-19 (Coronavirus) CATEGORY 11 Discussion Mtg Date 8/24/20 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR Council 111 Mayor ❑ HR E DCD E Finance E Fire ❑ TS E P&R ❑ Police ❑ PWV SPONSOR'S The City is actively engaged in regional efforts to address the coronavirus (COVID-19). SUMMARY Staff are providing the Council with updated information regarding the City's response to COVID-19. REVIEWED BY E Trans&Infrastructure ❑ CommunitySvs/Safety Finance Com ❑ Planning/Economic Dev. E LTAC ❑ Arts Comm. E Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. CommiLIEE N/A N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 08/24/20 Coronavirus Report 51 52 Coronavirus Response Update August 24, 2020 Essential Services and City Operations There are no changes to essential services or City operations since the last report. The Administration is currently surveying staff to understand the impacts of public schools being closed this fall on the organization. Staff leadership is seeking to understand how we can accommodate employees impacted by children engaged in distance learning this fall. Financial Stability At the May 18 City Council meeting the Council approved various measures for the mayor to implement to address the revenue shortfalls associated with the coronavirus pandemic. The Council continues to receive regular updates on the implementation of the financial measures associated with the coronavirus pandemic, the most recent of which is at the August 24, 2020 Committee of the Whole. Police Staffing and Calls for Service There have been no changes to Police staffing since the last report. Fire Staffing and Calls for Service There have been no changes to Fire staffing since the last report. Human Services Currently, HS staff has five families in the pipeline for next week, which means intakes are complete and staff is waiting for required backup documentation from the landlord. HS staff continues to find funding partners to create a 'patchwork' of funding sources to assist when a family is several months behind in their rent. Lifetime Maximum Following up to the question raised at the August 17, 2020 Council meeting regarding the lifetime cap, in 2017, the lifetime household maximum was raised from $500 to $700. When COVID hit and the Council agreed to the 90% allocation of HB 1406 funds for rental assistance it was raised again to $1200. Historically the maximum lifetime limit has been set by Human Services program staff based on community need due to increasing rent and utility costs, and regional crisis (economic downturn, pandemic). Because of their recent workload to review RFPs, the Human Services Advisory Board is scheduled to meet again in October. Human Services staff will seek their input on the lifetime maximum at that meeting and report back to Community Services and Safety after that meeting. Eviction Concerns While significant government and philanthropic funds for eviction prevention continue to be allocated to our region, staff does have concerns that there will eventually be mass evictions in the region. Currently there is simply not enough funding to meet the needs of residents who owe significant back rent. Staff has connected 53 with several agencies that have been awarded eviction prevention funds and in some cases the demand is so great that agencies have shut down the application process within five days of its opening. As the COVID crisis continues, the debt that our tenants and landlords are facing will continue to grow. Human Services staff continue to collaborate closely with other agencies in the region and advocate on behalf of Tukwila residents. Business Recovery Business Re -Openings As of August 18, King County continues in Phase 2 of Washington's "Safe Start" four phase business reopening plan. The state continues the pause on counties moving into new phases of Safe Start. According to the State's metrics we are currently not meeting three of the five key goals and by a significant margin. As such, staff expects the State's pause on allowing counties to move into new phases to continue for some time. Although most of Tukwila's business activities currently are allowed to be open (some under significant limitations), some are still not allowed to be open at all. Those include museums, indoor family and recreational centers (such as bowling alleys, arcades, etc.), indoor card rooms, large sporting events, and vending game areas (pool tables, video games, etc.). Business Assistance Work continues on SavingLocalKC.com, ExperienceTukwila, Southside Promise, collaborating with the Chamber and other regional organizations, and the $31,965 small business grant program. Economy Washington State continues to evaluate whether to apply for the program the Trump Administration announced on August 8th directing $44 billion of federal disaster relief funds to states to provide additional lost wage assistance. It would require the State to provide at least 25% of matching funds and would not exactly follow the current unemployment insurance claims process. If all states apply and the funds are distributed to current individuals receiving unemployment benefits, the federal funds would run out in 5 or 6 weeks. The elimination of the federal $600 weekly unemployment benefit at the end of July may have a significant effect on consumer spending and business revenues for the next few months. Meeting our Community's Basic Needs Senior Meal Distribution 60 households made up of 57 seniors and 406 meals delivered this week. The senior meal program will be funded through the end of the year through the Mayor's office. Tukwila Food Pantry The Tukwila Food Pantry remains busy with approximately 450 — 500 households served on each distribution day of Saturday, Tuesday and Thursday. 54 Parks and Recreation Youth Summer Meals Program. Below is a table reflecting the various meals and items distributed by Parks and Recreation so far this summer. Youth Meal Distribution Grand Total Wk1 Wk2 Wk3 Wk4 Wk5 Wk6 Wk7 Wk8 Year Total Attendance 339 422 451 458 424 469 222 0 2785 Meals 529 599 872 802 790 864 390 0 4846 Breakfast Items 0 0 548 779 799 992 728 0 3846 Rec. Kits 260 346 520 560 563 575 230 0 3054 Books 0 0 0 0 0 0 0 0 0 Masks 183 411 1196 1219 1187 1691 686 0 6573 Youth meal distribution is ending next week. Public Safety Plan Construction Projects There have been no changes to the Public Safety Plan projects since the last report. Compliance with the Governor's Order There have been no changes to compliance issues since the last report. 55 56 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared lry Mayor's review Council review 08/24/20 Vicky ITEM INFORMATION ITEM No. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 08/24/20 AGENDA ITEM TITLE July Financial Update including COVID related data CATEGORY 11 Discussion 08/24/20 ❑ Motion Mtg Dale ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR ❑Council Mayor PHR PDCD 11Finance Fire PTV PP&R Police PPW ❑Court SPONSOR'S General fund financial update including report out on COVID specific financial impacts as SUMMARY required in Resolution No. 1987 REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC P Arts Comm. I— Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONsoR/ADMIN. COMMITTEE Finance COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/24/20 MTG. DATE ATTACHMENTS 08/24/20 Informational Memorandum dated 08/18/20 57 58 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Vicky Carlsen, Finance Director BY: Jeff Friend, Fiscal Manager CC: Mayor Ekberg DATE: August 18, 2020 SUBJECT: General Fund Budget-to-Actuals and COVID-19 Impact Report and Update to Budget Impacts due to COVID-19 Summary Resolution 1987 directed financial reporting on COVID-19 impacts twice a month. This report reflects the following: - General fund: o Revenues as of May 31, 2020 o Expenditures as of June 30, 2020 - Capital projects funds: o Revenues as of July 31, 2020 o Expenditures as of July 31, 2020 The revised budget (COVID-19) noted throughout the report is for financial analysis purposes only. Any actual adjustments to the budget will require formal action from Council in the 4th quarter of 2020. The purpose of the general fund budgets to actuals report is to summarize for the City Council the general state of revenues and expenditures and to highlight significant items. The following provides a high-level summary of the general fund financial performance and includes select capital project funds. The General Fund Report is based on financial data available as of July 29, 2020, for the period ending May 31, 2020 for revenues and June 30, 2020 for expenditures. The allocated budget is calculated to reflect monthly revenue patterns based on prior year activity with adjustments specific to COVID-19. Additional details can be found within the attached financial report. Updated Financial Impacts due to COVID-19 Brief Recap of prior financial analysis: At the May 11, 2020 Committee of the Whole, staff provided detailed analysis of the financial impact due to COVID-19. Based on information at that time, the reduction in revenue for 2020 was projected to be $12 million. A number of factors were taken into consideration including the following: - Non -essential businesses would be shut down into May - When businesses reopened, it would take time to return to normal 59 INFORMATIONAL MEMO Page 2 - When businesses reopened, social -distancing measures would be in place and those restrictions would ease over time - All categories for sales tax were projected to show a significant decline from prior year activity - Uncertainty regarding utility customer usage would be impacted, negatively impacting interfund utility tax revenue - Due to expected social -distancing requirements, casinos were expected to remain closed the remainder of 2020 - Unprecedented times as no one has ever experienced an event like this in our lifetime The City now has three months of sales tax data (March through May) during which businesses were closed, and it is appropriate to update the financial forecast based on updated financial information. What has changed: Sales tax from construction was significantly higher than projected, which offset some of the expected loss from the retail and service sectors - Other sales tax sectors, including manufacturing, were only minimally affected by the pandemic. The original projections expected all sectors to decline while businesses were closed - Casinos reopened and, to date, have been able to respond to social -distancing requirements - Departments have held the line on spending where possible resulting in additional expenditure reductions - Overtime costs have increased the last 2 months due to looting that took place in the City and injuries with fire personnel that has resulted in overtime to maintain 12 minimum staffing Because there is still much uncertainty with how the remainder of 2020 will play out, the updates to the financial projections are still conservative. Unfortunately, infection rates have not decreased which has resulted in additional social -distancing measures in effect for an unknown time. The federal unemployment of $600 per week expired at the end of July and it is uncertain if a new federal unemployment benefit will be enacted. As the pandemic continues to play out, the long-term impacts to businesses and our residents are unknown. Updated financial forecast: Sales tax and gambling tax revenue estimates have been increased a total of $1.8 million. The total projected increase is based on actual earnings in March, April, and May. Projected expenditures have been adjusted $300 thousand to account for increased overtime usage in June and July. Overtime was significantly over projections in May, June, and July due to looting to took place in May and June as well as injuries with fire personnel. Overtime is expected to remain higher than expected through August. The chart on the next page summarizes the initial plan to close the expected revenue gap along with the significant changes as of August 14, 2020. The net result of the adjustments will mean a decrease of $1.5 million in use of contingency funds. Another update to the forecast will be provided in October as part of the biennial budget process. 60 INFORMATIONAL MEMO Page 3 5/6/20 8/14/20 Net Change Estimated FY 2020 Gap to Fill 12,000,000 10,200,000 (1,800,000) Phase Hiring freeze for current vacant positions (1,600,000) (1,600,000) All travel, non -essential training cancelled (140,000) (140,000) - Furlough part-time staff (150,000) (150,000) No overtime unless authorized by Mayor (910,000) (610,000) (300,000) Transfers to capital project funds eliminated (1,200,000) (1,200,000) - Total Phase I Reductions (4,000,000) (3,700,000) 300,000 Phase II Department Budget Scrub (2,100,000) (2,100,000) Phase III Furlough days/pay reduction (non -rep) (382,000) (382,000) Potential Furlough Days (labor group) (700,000) (700,000) Contingency Match for Labor (3,246,000) (3,246,000) Total Phase Ill Reductions Total Reductions: Phases I, II, and IIl Additional Contingency Funds to Balance Remaining Gap to Fil Total Contingency Funds Available Used in 2020 Balance Available for 2021' (4,328,000) (4,328,000) (10,428,000) (10,128,000) (1,572,000) (72,000) 7,099,000 7,099,000 (4,818,000) (3,318,000) 2,281,000 3,781,000 Preliminary General Fund Revenue Projection for 2021 (300,000) (1,500,000) (1,500,000) 1,500,000 Current estimates for 2021 general fund are conservative and take into consideration continued impacts of COVID-19. The graph on page 5 illustrates general fund revenue from 2015 through a very preliminary budget for 2021. Columns in blue represent actuals and the orange bar represents projected revenue for 2020 and takes into consideration the updated impacts of COVID-19. The green bars represent budget; the light green is the 2020 budget (pre COVID-19) and the darker green represents preliminary estimates for 2021. Charges for Services: Includes user fees at the Tukwila Community Center, reimbursement for providing billable fire and police services, inspections, plan reviews, and court charges. Estimated budget for 2021 considers continuing impacts of COVID-19, particularly for programs offered at the Community Center. It is currently estimated that reduced programming will be in effect will into 2021. Grants: Grant revenue is one of the smallest revenue sources for the general fund. Several grants in the Police department have now expired, including the COPS grant, which provided funding for police officers. 61 INFORMATIONAL MEMO Page 4 Miscellaneous: Includes franchise fees, investment earnings, and many other minor revenue sources. No significant changes are projected for 2021. Permits: Permit revenue has seen growth over the last several years and has not yet been negatively impacted to due to the pandemic. Current estimates for 2021 are based on known and estimated potential future development. Property tax: Property tax revenue is restricted to 1% growth plus new construction. Estimates are conservative and will be adjusted in late September once preliminary levy information is available from King County. Sales tax: Sales tax represents the largest revenue source for the general fund and is highly volatile, expanding and contracting with changes to the local economy. Sales tax has been impacted by COVID-19, significantly reducing revenue in the retail and services sectors. Due to the volatility of this revenue source and ongoing concerns with the pandemic, the current forecast is higher than COVID-19 2020 estimates but is still conservative. As new information becomes available, the budget for 2021 will be adjusted as needed. State shared: Small revenue source and includes revenues shared by the State including criminal justice sales tax, marijuana and liquor excise taxes, firemen's pension, and sales tax mitigation. A significant decline in this revenue source occurred in 2019 with the loss of sales tax mitigation payments. Through State legislative action in 2019, this revenue source was restored for four years. Because it was limited to four years, these funds were placed in the Public Safety Plan fund rather than the general fund. Other taxes: Other taxes includes utility, gambling, admissions, and business licenses. Because these taxes are tied to business revenue and staff levels, these revenue sources are highly volatile. Other tax revenue also changes as consumer behavior changes. For example, we have seen a decline in telephone tax as consumers drop land lines and opt for digital services, many of which are unlimited plans. The City is now also starting to see a possible downward trend in electricity utility tax due to energy efficient appliances and lights becoming more common. As consumer behavior changes, these revenue streams must also be adjusted to reflect reality. The budget for 2021 takes these changes into consideration and also considers lingering impacts of the pandemic. As stated above, the numbers represented in the graph on the next page for the 2021 revenue budget are conservative and will change as new information becomes available. The revenue projections will continue to be fine-tuned until formal presentation to the City Council during workshops in September and October. These are unprecedented times and there are still many uncertainties as to how COVID-19 will continue to impact the City. 62 INFORMATIONAL MEMO Page 5 NO 4, MACTUAL 8A0P20AL 20.73kerOAL 20,4„ACTUAL Zet9 Aak,„„AL 2O2OP000EC,D)Te motoGri „2,,,MakMINAR3",300,7 General Fund Revenue $22 $17 217 $7 $2 -S3 hvo Chg (Or Svcs MOO. 331III Prop Tax Sale, Tao State Shwed 0274 MIS ACTUAL 2016 ACTUAL 333 2013 ACTUAL IX 2018 ACTUAL 1,3 2019 ACTUAL O.202000000010100 20206130$ET e20210000M,0405000020 Other Taxes 63 INFORMATIONAL MEMO Page 6 Revenues The chart on page 2, reflects general fund revenue on a monthly basis. The green bar reflects the adopted budget as amended on December 2, 2019, the blue bar indicates the revised budget reflecting projected reductions due to COVID-19, and the orange bar indicates actuals each month. In this report, revenues are reflected through May 31 st and expenditures through June 30th The chart has not yet been revised to reflect updated sales tax and property tax projections. Staff is working on an updated financial forecast that will be presented on August 24tt1. June revenue will be updated after June sales tax revenue is received at the end of August and will be included in first financial report in September. $12 0 $6 $6 $4 $2 $0 JAN FEB MAR GENERAL FUND REVENUE CITY OF TUKWILA GENERAL FUND REVENUES A Adopted Budget S Revised Budget (Covid-19) Actual APR MAY JUN JUL AUG SEP OCT NOV DEC YTD AS OF MAY 31, 2020 ADOPTED BUDGET REVISED BUDGET (COVID-19) ACTUAL SUMMARY BY REVENUE TYPE 2020 ANNUAL 2020 ALLOCATED 2020 ANNUAL 2020 ALLOCATED 2018 2019 % REC'D 2020 2020 BDGT VARIANCE -REVISED BDGT(COVID) PROPERTY TAX 16,416,911 8,679,615 16,416,911 4,179,615 8,094,130 8,219,100 5,067,350 887,735 31% SALES TAX 20,510,676 7,651,154 12,898,546 5,210,937 7,620,164 7,653,899 6,333,111 1,122,175 31% ADMISSIONS TAX 870,000 377,149 470,246 234,748 421,938 414,792 318,714 83,966 37% UTILITYTAX 4,464,610 2,039,367 3,816,260 1,718,604 1,840,458 1,703,529 1,580,502 (138,102) 35% INTERFUND UTILITY TAX 2,412,000 1,326,448 2,412,000 1,326,448 946,854 1,300,992 1,425,766 99,318 59% GAMBLING & EXCISE TAX 4,426,000 2,181,636 2,064,567 1,977,876 1,969,600 1,964,337 1,654,144 (323,732) 37% TOTAL GENERAL REVENUE 49,100,197 22,255,368 38,078,530 14,648,227 20,893,145 21,256,648 16,379,587 1,731,360 33% LICENSES AND PERMITS 6,784,894 2,793,221 6,784,894 2,793,221 3,467,022 3,728,917 3,320,459 527,238 49% INTERGOVERNMENTAL REVENUE 4,403,506 2,073,926 4,403,506 2,073,926 1,490,828 2,118,913 1,932,528 (141,399) 44% CHARGES FOR SERVICES 2,588,707 741,595 2,107,235 936,953 787,854 1,319,996 382,368 (554,585) 15% OTHER INCOME 4,398,189 1,625,096 3,806,470 1,486,212 1,414,740 1,486,606 1,739,993 253,780 40% TOTAL OPERATING REVENUE 67,275,493 29,489,206 55,180,635 21,938,540 28,053,588 29,911,080 23,754,934 1,816,395 35% TRANSFERS IN 200,000 - 200,000 - - - - - 0% TOTAL REVENUE 67,475,493 29,489,206 55,380,635 21,938,540 28,053,588 29,911,080 23,754,934 1,816,395 35% Percent of year 42% 64 INFORMATIONAL MEMO Page 7 Total General Fund revenue through May 31 st was $23.8 million and is above the revised allocated budget by $1.8 million. The higher than expected actuals in January is mainly due to business license renewal activity. Business license revenue was higher than projected in January and February due to a timing difference resulting in transitioning to the State. Business license revenue that was anticipated in December 2019 was received in the first two months of this year. March is the first month that the City experienced revenue loss due to the pandemic. Revenue through May is also higher than projected due to property tax and sales tax revenue. King County allowed certain property owners to pay the 1st installment 30 days later than normal. Less property owners than expected took advantage of this opportunity, which resulted in a timing difference that will be offset in June. By year-end, the City does anticipate property tax revenue to be close to budget. The timing adjustment for property tax was a $2 million reduction in May with an offsetting increase of $2 million in June. The sales tax table on the next page presents the dollar change over the last three reported months, comparing 2020 industry year to the same period last year. Construction was stronger in Mar — May 2020 compared to the same period last year. This added to the increase over projected revenues. However, the Retail Trade is down more than 55% over the same period last year. Accommodation and Food Service is also down significantly, over 47%, compared to the same period of Mar — May 2019. The reduction in the retail and accommodation/food service sectors was expected. ,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 ar - ay 2019 vs 2020 By Major Industry Accommodation and Food Construction Services ar May 2019 IN Mar May 2020 Retail Trade 65 INFORMATIONAL MEMO Page 8 Industry Mar - May 2019 Mar - May 2020 $ Variance %Variance Accommodation and Food Services 702,923 304,084 (398,839), -56.7% Construction 376,141 712,019 335,878 89.3% Retail Trade 2,521,519 1,313,109 (1,208,410)-47.9% Expenditures General Fund expenditures totaled $30 million through June, which is $125 thousand less than the revised allocated budget of $30.1 million adjusted for the impacts of the COVID-19 pandemic. c 0 $14 $2 GENERAL FUND EXPENDITURES Adopted Budget a Revised Budget (Covid-19) Actual JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Expenditure Type Variances The chart above reflects both adopted budget, as amended on December 2, 2019 along with the allocated budget as well as a revised budget that captures the reductions from phase I (reduce overtime, travel and training, capital transfers, and extra labor), phase II (departmental budget scrubs), and phase III (labor reductions). It does not currently reflect any use of contingency funds as that will require Council action at a later date. Lootings Twenty-six businesses were broken into at the end of May and beginning of June. The mass lootings required a strong police presence that resulted in overtime costs. Fire staff were also on standby while Public Works incurred some costs related to closing streets. This chart is now updated with related supplies expenditures for June. 66 INFORMATIONAL MEMO Page 9 UNBUDGETED BUDGETED U N BU DG ETED Department Overtime Salaries and Benefits Overtime Supplies Total Police $ 24,357 $ - $ 33,617 $ 4,408 $62,382 Fire 435 - 1,003 - 1,438 Street Maintenance - 2,064 - - 2,064 Total $ 24,792 $ 2,064 $ 34,620 $ 4,408 $ 65, 884 GENERAL FUND CITY OF TUKWILA Year -to -Date as of June 30, 2020 SALARIES AND BENEFITS BUDGET REVISED BUDGET (COVID-19) ACTUAL COMPARISON OF RESULTS 2020 ANNUAL 2020 ALLOCATED 2020 ANNUAL 2020 ALLOCATED 2018 2019 REVISED BUDGET ACTUAL OVERI(UNOER) 2020 ALLOCATED BDGT %EXPENDED 11 Salaries 30,064,147 15,032,074 28,423,730 14,624,354 13,466,391 14,177,655 14,376,560 (247,795) 51% 12 Extra Labor 764,697 383,278 91,386 157,410 291,306 339,944 118,475 (38,935) 130% 13 Overtime 1,354,099 677,616 354,099 277,616 689,733 923,383 520,728 243,112 147% 15 Holiday Pay 555,369 65,000 555,369 65,000 94,903 75,442 63,624 (1,376) 11 21 FICA 2,100,726 1,050,363 1,928,893 1,000,636 885,839 924,878 899,048 (101,588) 47% 22 Pension-LEOFF 2 913,369 456,685 870,169 439,405 415,357 442,896 587,334 147,930 67% 23 Pension-PERS/PSERS 1,805,556 902,778 1,525,232 821,655 824,456 878,175 863,764 42,109 57% 24 Industrial Insurance 934,878 467,439 934,878 467,439 299,866 412,785 468,241 802 50% 25 Medical & Dental 6,457,336 3,228,668 6,202,336 3,126,668 2,754,779 2,869,798 3,156,066 29,398 51% 26 Unemployment - - 200,000 15,000 18,354 10,400 27,319 12,319 14% 28 Uniform/Clothing 8,525 1,923 8,525 1,923 1,738 1,313 1,094 (829) 13% Total Salaries and Benefits 44,958,702 22,265,822 41,094,618 20,997,105 19,742,723 21,056,668 21,082,254 85,148 51% SUPPLIES, SERVICES, AND CAPITAL BUDGET REVISED BUDGET (COVID-19) ACTUAL COMPARISON OF RESULTS 2020 ANNUAL 2020 ALLOCATED 2020 ANNUAL 2020 ALLOCATED 2018 2019 REVISED BUDGET ACTUAL OVER/(UNDER) 2020 ALLOCATED BDGT % EXPENDED 0 Transfers 7,319,140 2,160,815 6,119,140 1,560,815 3,907,572 3,400,593 1,968,595 407,780 32% 31 Supplies 1,066,112 576,434 936,890 524,745 479,787 784,127 350,217 (174,528) 37% 34 Items Purchased for resale 22,000 22,000 22,000 22,000 16,954 18,029 1,253 (20,747) 6% 35 Small Tools 133,569 62,549 86,569 43,749 38,837 59,677 44,048 299 51% 41 Professional Services 5,908,964 2,837,572 5,546,983 2,692,779 2,826,139 2,833,659 2,326,290 (366,489) 42% 42 Communication 434,600 217,300 429,600 215,300 179,975 184,439 204,989 (10,311) 48% 43 Travel 159,630 81,638 18,496 13,771 77,146 106,861 29,925 16,154 162% 44 Advertising 47,550 25,007 31,550 18,607 19,946 10,377 5,545 (13,063) 18% 45 Rentals and Leases 2,422,514 1,211,257 1,400,579 700,290 1,199,867 1,548,697 652,698 (47,592) 47% 46 Insurance 1,047,762 1,047,762 1,007,762 1,031,762 974,066 889,957 987,671 (44,091) 98% 47 Public Utilities 2,069,101 1,508,529 2,053,101 1,502,129 957,053 1,444,442 1,405,645 (96,484) 68% 48 Repairs and Maintenance 587,912 311,222 512,912 281,222 199,954 356,616 407,564 126,342 79% 49 Miscellaneous 1,273,723 623,962 1,040,875 530,822 718,363 580,644 537,874 7,051 52% 64 Machinery & Equipment 270,000 115,000 240,000 - 46,590 45,228 5,495 5,495 2% Total Supplies, Services, and Capital 22,762,577 10,801,047 19,446,457 9,137,991 11,642,248 12,263,345 8,927,807 (210,184) 46% Total Expenditures 67,721,279 33,066,869 60,541,075 30,135,097 31,384,971 33,320,014 30,010,061 (125,036) 50% Percent of year completed 50% Transfers The transfers line includes budgeted transfers for debt service and certain capital projects. Transfers show above allocated budget due to timing differences of when funds were transferred in 2020 vs last year but total transfers to date are only 32% of the adopted budget. It should be noted, because of existing funds in the PW Shops fund, no transfers from the general fund for 67 INFORMATIONAL MEMO Page 10 this project have been required to date. However, the planned transfer from the general fund to the PW Shops fund is included in the updated financial projections. COVID Expenditures General Fund expenditures related to the COVID-19 pandemic began to be incurred in March. These expenditures totaled $488,852 through June 30' and are reported by department in the schedule below. COVID related expenditures in salaries and benefits include time dedicated to the emergency operations center (EOC) as well as time spent analyzing the financial impacts of the pandemic. Overtime and supplies are for time outside of normal operations spent in the EOC as well as time responding directly to COVID-19 related activities. Supplies are for additional PPE and disinfectant supplies. Unbudgeted costs can be applied against CARES Act funding or FEMA funding and will not affect ending fund balance. Budgeted salaries and benefits for time that has been redirected to responding to the pandemic could qualify for reimbursement from CARES Act funding. Any reimbursement for budgeted salaries and benefits would reduce the need for contingency funds because the City had not received confirmation that CARES Act funding would be available. Reimbursement of these costs were not included in the proposal to close the $12 million revenue gap. BUDGETED UNBUDGETED Department Salaries and Benefits Overtime Supplies and Benefits Department Total Council $ 1,784 $ - $ 287 $ 2,071 Mayor 72,703 - 284 72,987 Admin Services 36,354 - 399 36,753 Finance 39,434 386 372 40,192 Recreation 204,560 - 16,306 220,865 DCD 3,712 - 1,322 5,033 Court 114 137 3,401 3,652 Police 18,600 4,379 11,543 34,522 Fire 16,269 8,015 12,784 37,069 TIS 390 - 45 435 Public Works 6,673 318 13,805 20,796 Park Maintenance 14,476 - - 14,476 Total 415, 069 $ 13, 236 $ 60, 548 $ 488, 852 COVID-19 Related Grants Available to the City There are several grant opportunities now available to the City to offset some of the costs incurred related to the pandemic. Below is a chart listing grant opportunities as well as what the funds may be used for. It should be noted that all of the grants are reimbursement and cannot be used to offset loss of revenue. The chart will be updated as new information becomes available. Staff will return in the near future with a plan to maximize the use of all known, available funding. 68 INFORMATIONAL MEMO Page 11 Grant Amount Eligible Uses Status CARES Act through Dept. of Commerce $627,900 - Expenditures incurred directly related to responding to COVID-19 (supplies, overtime, regular time that has substantially shifted focus to the pandemic, unemployment, etc.) - Providing economic support to those suffering from unemployment - Providing economic support to business interruptions Contract has been signed and returned to Department of Commerce for full execution FEMA No cap, reimburses 75% of expenditures not covered with other resources Unbudgeted expenditures incurred directly related to responding to COVID-19 Contract completed. Can submit for reimbursement at any time FEMA - CARES To be determined Assistance to food pantry In process King County $31,965 Assistance to small businesses On June 19th, the City was notified that we are eligible to receive $31,965. On August 3, 2020, the Planning & Economic Development Committee authorized staff to accept the grant and use the funds for direct grants to very small businesses with a focus on the Tukwila International Blvd. area CESF — Dept. of Justice Assistance $49,000 Expenditures incurred directly related to responding to COVID- 19 Grant has been awarded. Contract is being processed EFSP Emergency Food & Shelter Prog City of Tukwila does not qualify for this grant Supplement existing emergency food & shelter program Forwarded to TCS and Tukwila Pantry HungerCorps VISTA AmeriCorps Four VISTA AmeriCorps HungerCorps students. Value: 35,500 HungerCorps will assist Recreation staff to distribute food as part of the mobile recreation program Contract awarded Port of Seattle $20,930 total grant application Application included residential component within digital media program to grow tourism, Recommended revisions approved by Planning & Economic 69 INFORMATIONAL MEMO Page 12 development attraction, etc. Development Suggestion has been made to revise application to focus more on business recovery and direct Committee on July 7, 2020 $7,000 of the total $20,930 application to business recovery. Additional information can be found in item 1a on the July 6, 2020 Planning & Economic Development Committee meeting 70 INFORMATIONAL MEMO Page 13 Selected Capital Projects Funds Financial analysis regarding the impacts of the COVID-19 pandemic include ongoing review of certain capital projects funds including residential streets (fund 103), arterial streets (fund 104), and general government improvements (fund 303). The narrative below highlights planned capital projects along with decisions that have already been made and decision points for future meetings. The narrative is followed by financial statements reflecting activity through April 30, 2020 as well as projected activity through the end of the year. Residential Streets The most impactful issue in this fund relates to the 42nd Ave S and 53rd Ave S roadway projects. Both projects are completed and are awaiting final closeout and payments to contractors. The project budgets reflected in the financial statements are estimates at this time. Staff is working to determine full final costs and will update budgets when revised information is received. Until the City has updated information on these two projects, the fund will continue to show a negative fund balance. It should also be noted that the negative fund balance is only an estimate and will only end the year in a negative position if all identified expenditures are paid this year. The fund currently has a positive cash balance and a positive fund balance. Arterial Streets 42nd Ave S Bridge: The City Council authorized funding of up to $1 million ($320 thousand general fund, $680 thousand solid waste utility tax) for 30% design. There is a possibility that a federal infrastructure bill could include funding for "shovel ready" projects. In order for this project to have the best chance of receiving funding, the project would need to be at least 30% designed. The City expects to select a design consultant later this summer to get to 30% design. Since funding for the highest priority areas for overlay have been identified, staff is recommending that a decision on whether to fund this project or redirect funds elsewhere, be delayed until the true cost of design is understood. S 119th St Ped Bridge painting: Not funding this project will only delay the project, not cancel it. There is a limited window of opportunity to paint the bridge due to weather and fish cycles. Removing funding for this project will delay the project until at least 2021. Overlay: At the June 8, 2020 Committee of the Whole meeting, there was Council consensus to move forward with the recommendation from the Transportation & Infrastructure Committee to fund the two highest priority overlay projects. The budget has been adjusted to reflect the increase in budget. General Government Improvement Siding repair at TCC: Siding repair for TCC has been listed as a project as early as 2018. When the 2019-2020 budget was drafted, the expectation was that $200 thousand in siding and roofing repairs at TCC would occur. Last year, the city received bids for Phase III of the project; the lowest proposal being $116,589. At the July 13' Council of the Whole meeting, consensus existed to forward this item to the consent agenda at the following Regular meeting. Budget for this project is $120 thousand and funding currently exists in the general government improvement fund. Facilities Study: This project is also funded out of the general government improvement. Staff is reworking the scope of this project per comments received from City Council at the June 8, 2020 Committee of the Whole meeting. 71 INFORMATIONAL MEMO Page 14 City of Tukwila Residential Street Fund 103 - Revenue and Expenditures Year -to -Date as of July 31, 2020 d (COVID udget 2020 Vadai Year To -Date + Through YE _ Projected YE GOVID Budge REVENUE: General Revenue Solid Waste/Recycling Utility Tax Total Intergovernmental Revenue 40,651 40,651 40,651 Intergovernmental Revenue Indirect Federal - SRTS 3,454,000 State Grant - Macadam 1,847,000 State Entitlements - MVFT Cities 290,000 Total Intergovernmental Revenue 5,591,000 Miscellaneous Revenue ** Charges for senices Investment earnings Total Miscellaneous Revenue 20,000 3,454,000 1,847,000 200,000 5,501,000 134,682 40,651 40,651 149,141 50,859 200,000 149,141 50,859 200,000 134,682 134,682 40,651 (3,454,000) (1,847,000) (5,301,000) 0.0% 0.0% 100.0% 2.7% 100.0% 20,000 Transfers In 100,000 EXPENDITURES: 46thAve Safe Routes to School Macadam Rd S Complete Street S 152nd St Safe Routes to School Traffic Calming/Residential Safety 53rd Ave S 42nd Ave S Phase III Interfund Loan Repayment Total Expenditures Change in fund balances 134,682 100,000 134,682 100,000 134,682 100,000 673.4% 100.0% 5,711,000 5,735,66324,475 150,859 475,334 (5,260,34 1,832,000 1,847,000 1,622,000 400,000 1,832,000 1,847,000 1,622,000 50,000 399,000 378,000 336,932 (1,832,000) 0.0% - - - (1,847,000) 0.0% (1,622,000) 0.0% 22,929 27,071 50,000 - 100.0% 222,028 176,972 399,000 100.0% 40,816 337,184 378,000 100.0% 252,500 84,433 336,932 - 100.0% 701,0' ,464,932 8,273 625,659 1163,932 (5,301,0110) 9.4% 10,000 141,586 (729,250) 141,586 (688,599) 141,586 40,651 94.4% 0 100.0% Ending Fund Balance 151,586 (587,665) (547,013) 40,652 93,1% 72 INFORMATIONAL MEMO Page 15 City of Tukwila Arterial Street Fund 104 - Revenue and Expenditures Year -to -Date as of July 31, 2020 2020 Annual Revised (COVID) 3 Actual Expected Total Budget Budget Year -To -Date + Through YE = Projected YE Variance Over/(Under) % of Annual Allocated Budget Budget REVENUE: General Revenue Parking Tax MV FT aties Solid Waste Utility Tax Real Estate Excise Taxes Total General Revenue Charges for Sevices Park impact Fees Traffic Impact Fees Total Charges for Services Intergovernmental Revenue Strander Grants Federal - 42nd Ave Boeing Access Bridge Over Airport Wa State Grant - West Valley Highway Total Charges for Services Miscellaneous Revenue Investment earnings Contributions/Donations Total Miscellaneous Revenue 470,000 300,000 137,000 100,000 680,000 680,000 500,000 500,000 1,787,000 1,580,000 300,000 300,000 213,000 213,000 513,000 513,000 38,389,000 - 1,280,000 - 2,614,000 2,614,000 2,694,000 2,694,000 148,423 151,577 300,000 75,954 24,046 100,000 - 680,000 680,000 139,859 360,141 500,000 364,236 1,215,764 1,580,000 242,202 242,202 300,000 300,000 157,798 400,000 457,798 700,000 0 0 78,208 2,535,792 2,614,000 88,662 2,605,338 2,694,000 0 64% 0 73% 0 100% 0 100% 88.4% 100.0% 187,000 187.8% 187,000 136.5% 0.0% 0.0% 100.0% 100.0% 44,977,000 20,000 30,000 5,308,000 15,000 30,000 166,869 11,127 2,700 5,141,131 5,308,000 2,000 13,127 2,700 11.8% (1,873) 65.6% (27,300) 9.0% 50,000 Transfers In 1,000,000 45,000 13,827 15,827 (29,173) 31.7% 0.0% Total Revenues EXPENDITURES: Overhead (Salaries & Benefits) Strander Blvd. Extension BAR over Airport Way Seissic Retrofit West Valley Highway 42nd Ave S Bridge Replacement S 144th St Bridge - Sidewalks S 119th St Ped Bridge ADA Improvements Wetland & Environmental Mitigation Transportation Comp Bement Ran Walk & Roll Annual Overlay Annual Bridge Inspections Annual Traffic Signals Transfer Park Impact Fees to Fund 301 Other Misc. Capital Projects f'h Chanaelization :,;.tidy 20147 Traffic Cialminci/Pes iSataq TUC77105edestrl r /i3rcycle Fridge S 1961 /250th S( 3rrdge S 144I5 St Phase li (421tr1 Ave S - 1 / Total Expenditures 48,327,000 7,446,000 787,135 6,814,693 7,603,827 157,827 15.7 485,382 485,382 38,389,000 622,362 2,614,000 2,614,000 3,195,000 2,694,000 1,600,000 1,000,000 227,000 227,000 200,000 200,000 50,000 - 40,000 40,000 400,000 200,000 75,000 1,400,000 510,000 135,000 269,000 125,000 62,500 1,009,000 159,880 2,795 76,712 201,085 1,637 231,173 391,053 622,362 625,157 2,537,288 2,614,000 2,492,915 2,694,000 998,363 1,000,000 200,000 200,000 17,410 22,590 40,000 200,000 200,000 167,041 342,959 510,000 5,053 263,947 269,000 610 61,890 62,500 1,009,000 1,009,000 23,531 6,151 29,682 10. u46 6,151 25,000 772 /„505 7,505 1.304 - 7_304 lei (94,329) 80.6% (37,763,843) 1.6% 100.0% (501,000) 84.3% (600,000) 62.5% (227,000) 0.0% 100.0% (50,000) 0.0% 100.0% (200,000) 50.0% (75,000) 0.0% (890,000) 36.4% 134,000 199.3% (62,500) 50.0% 1,009,000 25,020 1,772 7,505 4324 16/ 48,935,382 9,933,244 655,755 8,988,638 9,644,393 (39,290,989) 19.7% Change in fund balances (608,382) Beginning Fund Balance 1,187,826 (2,487,244) 1,187,826 131,380 (2,173,945) (2,040,565) 2,083,854 446,679 335.4% 896,028 175.4% Ending Fund Balance 579,444 (1,299,418) 43,289 1,342,707 7.5% 73 INFORMATIONAL MEMO Page 16 City of Tukwila General Government Improvements Fund 303 - Revenue and Expenditures Year -to -Date as of July 31, 2020 2020 Budget Budget ) Year -To -Date + Through Y. Varier Overl(lit Pr YE 2 i COOVID Budge VID duet REVENUE: Miscellaneous Revenue Investment earnings Total Miscellaneous Revenue 500 500 200,000 500 500 3,524 3,524 1,000 4,524 3,024 704.8% 3,024 704.8% 0.0% Total Revenuesi: EXPENDITURES: City Hall Siding/Roof Repair TCC Siding(Roof Repair 2020 Facilities Study Misc. Projects (including salaries & benefits) 200,500 500 3,524 ' 3,524 t 3,024 50,000 100,000 300,000 208,015 50,000 120,000 190,000 31,684 2; 026 29;658 120,000 120,000 190,000 190,000 31,684 2,026 29,658 (50,000) 31,684 0.0% 100.0% 100.0% Total Expenditures 658,0:! Change in fund balances Beginning Fund Balance Ending Fund Balance (457,515) 525,166 0 (359,500) 1,684 0,000 341,684 (18,316) 4.8%. (338,160) 525,166 656,306 21,340 94.1% 131,140 125.0% 67,651 165,666 318,146 152480 192.0%''.. 74 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Co✓rncil review 8/24/20 RB/BJM ITEM INFORMATION ITEM No. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 8/24/20 AGENDA ITEM TITLE Contract amendment for Sound Earth Strategies, Inc. CATEGORY 1 Mtg Discussion Date 08/24/20 K. Motion Mtg Date 8/24/20 I— Resolution Mtg Date I— Ordinance Mtg Date I— Bid Award Mtg Date I— Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR fl Council Mayor P HR fl DCD Finance Fire P TS P&R P Police fl PIE SPONSORS The City requires an amendment to the SoundEarth Strategies, Inc. contract to install SUMMARY monitoring wells and sample groundwater associated with the Justice Center project. The cost of these additional services is included in the overall project budget and staff is not asking for additional budget authority. REVIEWED BY ❑ Trans&Infrastructure n LTAC DATE: 8/10/20 11 [ CommunitySvs/Safety n Finance Corn [ Planning/Economic Dev. Arts Comm. n Parks Comm. P Planning Comm. COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ ADMIN. Administrative Services COMMITTEE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/24/20 MTG. DATE ATTACHMENTS 08/24/20 Informational Memorandum revised August 18, 2020 Proposed SoundEarth Contract Amendment No. 7 SoundEarth proposal for services with scope of work and fee Monthly Budget Report Summary (current w/construction-related costs highlighted) Informational Memorandum dated August 3, 2020 for 8/10 CSS Committee) PowerPoint Presentation Minutes from the 8/10 CSS Committee Meeting 75 76 Allan Ekberg, Mayor TO: Administrative Services Department - Rachel Bianchi, Deputy City Administrator INFORMATIONAL MEMORANDUM City Council Committee of the Whole CC: Mayor Allan Ekberg FROM: Rachel Bianchi, Deputy City Administrator BY: Justine Kim, Senior Program Manager, Shiels Obletz Johnsen DATE: August 18, 2020 SUBJECT: Public Safety Plan - Justice Center Project Number #91630501, Contract 17-167 SoundEarth Strategies, Inc, Amendment No. 7 ISSUE The City requires an amendment to the SoundEarth Strategies, Inc. contract to install groundwater monitoring wells at the Justice Center project site. The cost of these additional services is included in the overall project budget and staff is not asking for additional budget authority. BACKGROUND Note, in response to the CSS meeting on August 10, 2020, staff has provided a new memo with additional detail. The original memo is included as an attachment. The City of Tukwila hired SoundEarth Strategies, Inc. to perform Environmental Site Assessment (ESA) services in connection with the Tukwila Public Safety Plan. ESA services involve two phases: Phase I is the background research of potential contamination and Phase II is the site exploration, including field work and soils testing. The initial contract provided Phase I services related to the Justice Center (JC) and Fire Station 52 (FS52) sites. The Phase I ESA Report (September 2017) research identified several Recognized Environmental Conditions (RECs) on the JC property. These included historical operations of a retail gasoline service station, an automotive repair facility, and use and storage of heating oil for oil -burning furnaces. It also identified several RECs on neighboring properties, including historical operations of dry cleaners, retail gasoline service stations, an automotive repair and service station, a vehicle maintenance garage, a welding facility, a print shop, and a cabinet shop. The results of the Phase I were expected given the site's location on a major transportation corridor and with the previous light industrial, commercial and residential uses of the property, including automobile -oriented uses. These site characteristics are similar to other properties in the Tukwila International Blvd or Interurban Corridor areas. On December 7th, 2017, Amendment No. 1 added Phase I and II services to the Public Works (PW) site, Phase II for the Justice Center site and Phase I the Fire Station 54 (FS54) site, in the amount of $111,937. The purpose of the Phase II ESA was to evaluate the potential for below - ground environmental impacts from RECs identified in the Phase I ESA. Phase II field work included installing 15 soil borings, 4 groundwater monitoring wells, and use of ground -penetrating radar (GPR) to detect underground storage tanks (USTs). The Phase II Report (January 2019) concluded that gasoline -range petroleum hydrocarbons (GRPH) and benzene were present in soil and possibly groundwater beneath the former service station. Because the samples tested Tukwila City Hall ■6200 So threat outevard • Tukwila, WA 77 exceeded required cleanup levels, this report confirmed that the JC site contained contamination that would need to be remediated during construction. The Phase II investigation included GPR to locate USTs. No USTs were detected initially, but the report noted that there was a strong possibility of encountering an unregistered UST during the course of redevelopment. Doing further investigation to confirm the absence of USTs did not seem practical given that the costs of doing the reconnaissance work could equal or exceed the cost of remediation. Further, soil impacts due to unregistered USTs may have remained undiscovered even if the number of soil borings was increased. On March 26, 2018, Amendment No. 2 added Phase II services to Fire Station 52 and 54, as well as some additional services needed for soils testing on the Justice Center site, in the amount of $36,325. On May 11th, 2018, Amendment No. 3 called for additional Due Diligence services; however, these were covered by previously approved contingency plus reallocating funds previously allocated to soils testing work on Fire Station 54, which were no longer needed. Therefore, the contract amount did not increase. On December 26th, 2018, Amendment No. 4 changed the duration of the contract, extending it to December 31, 2019. On March 26, 2019, Amendment No. 5 added remedial excavation and field support activities during construction, in amount of $85,770. In November of 2019, Amendment No. 6 added additional remedial excavation, field support and tank removal activities, in the amount of $73,000, bringing the not - to -exceed amount to $322,032. As anticipated based on the Phase I and II reports, the project encountered significant volumes of contaminated soil during site excavation and redevelopment, primarily at the former gas station location (NE portion of south parcel). Six USTs associated with the former gas station and residential and commercial oil -burning furnaces were also encountered throughout the properties. Again, these were not a surprise given historical uses, but the exact quantities and location were not known until excavation work, as is typical. The USTs were properly decommissioned and removed, including any contaminated soil associated with them. Nearly all contaminated soil encountered during construction was removed and disposed of off -site and clean backfill imported in its place. There were a few exceptions where it was not practical or feasible to remove all contaminated soil. In such instances, the remaining soil was capped in place and documented for the potential Environmental Covenant process consistent with SoundEarth's Soil Management Plan and best practices. The project budget included appropriate contingencies to cover the costs of these expected but not fully defined contaminated soil and USTs encountered during construction. ANALYSIS Amendment No. 7 is to add services to perform a supplemental subsurface investigation at the Justice Center site to evaluate groundwater conditions in the vicinity of the observed soil impacts of the Property by installing nine (9) groundwater monitoring wells and conducting sampling of the wells. The installation and sampling of these groundwater monitoring wells are required by the Washington State Department of Ecology and thus the appropriate next step in the site remediation process. Following the initial groundwater sampling, SoundEarth will complete a Cleanup Action Report, which will include a summary of all the soil and groundwater sampling results and will be submitted to Ecology and/or the Pollution Liability Insurance Agency (PLIA) in Phone: 206-433 800 • Email: ayor Tukwil iA,g v !brie Tukwila WAb ov 78 pursuit of a No Further Action (NFA) determination for the JC site. These are anticipated expenditures and are included in the Council -approved project budget. FISCAL IMPACT SoundEarth Strategies has provided a proposal of $60,105 to complete this scope of work. The following table shows the Original Contract Amount, the 6 previous amendments, Amendment No. 7, and the new total. The amounts shown below are all within the approved project budgets and staff is not asking for additional budget authority. Original Contract Amount — research of potential contamination to JC and FS 52 $15,000.00 Amendment No. 1 — research of potential contamination and soils testing to PW, soils testing to JC, research of potential contamination to FS 54 $111,937.00 Amendment No. 2 — soils testing to FS 52/FS54, Additional soils testing to JC $36,325.00 Amendment No. 3 — Additional Due Diligence $0.00 Amendment No. 4 — Extend duration of contract $0.00 Amendment No. 5 — Remedial Excavation Observation of JC Site $85,770.00 Amendment No. 6 — Add. Remedial Excavation, Field Support, Tank Removal $73,000.00 Amendment No. 7 — Installation & Sampling of Monitoring Wells at JC $60,105.00 New Contract Amount $382,137.00 RECOMMENDATION Project Management Quality Assurance (PMQA) consultant has reviewed these documents and provided his concurrence. The Committee is being asked to approve the amendment to the contract and place the item on the August 24, 2020 City Council Committee of the Whole Meeting and the Special Council Meeting also on August 24, 2020. ATTACHMENTS • Proposed SoundEarth Contract Amendment No. 7 • SoundEarth proposal for services with scope of work and fee • Monthly Budget Report Summary (current w/construction-related costs highlighted) • Informational Memorandum, dated August 3, 2020. • PowerPoint Presentation, dated August 17, 2020 Phone: A ®433-1 0 • Email: ayor T kwil WA. ov Web TukwilaWA. ov 79 80 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-167 (g) CONTRACT FOR SERVICES Amendment No. 7 Between the City of Tukwila and SoundEarth Strategies, Inc. That portion of Contract No. 17-167 between the City of Tukwila and SoundEarth Strategies, Inc. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform remedial excavation observation services in connection with the project titled Tukwila Public Safety Plan, Justice Center site. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2021, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2021, unless an extension of such time is granted in writing by the City. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $382,137 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount of this amendment is $60,105. All other provisions of the contract shall remain in full force and effect. Dated this day of , 2020 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED Christy O'Flaherty, MMC, City Clerk Printed Name: Ryan Bixby APPROVED AS TO FORM Office of the City Attorney CA Revised December 2016 Page 1 of 1 81 82 Sra�rrrdlm:arili StrdtCrgics. Inc. 2811 Fairview Avenu C t, Suite 2ll Se 1tlle, Washiriglon 9B July 29, 2020 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 EXHIBIT A SUBJECT: WORK PLAN AND COST ESTIMATE FOR POST -EXCAVATION WELL INSTALLATION JC7NL Property 15005 Tukwila International Boulevard, Tukwila, Washington Project Number: 1318-001 To Whom It May Concern: SoundEarth Strategies, Inc. (SoundEarth) appreciates the opportunity to provide you with this work plan to conduct additional investigation of impacts present beneath the JC7NL Property, located at the address listed above in Tukwila, Washington (the Property). PROPOSED SCOPE OF WORK It is our understanding that City of Tukwila is requesting that SoundEarth perform a supplemental subsurface investigation at the Property to evaluate groundwater conditions in the vicinity of the observed soil impacts of the Property by installing nine monitoring wells across the Property. To that end, SoundEarth has proposed the following scope of work. Task 1, Scope of Work Development, Permitting, and Pre -Field Activities. This task includes conducting public and private utility locates, coordinating with the laboratory and other subcontractors, and preparing and coordinating field staff for each phase of field work. Based on the extents of the soil contamination identified during the excavation, at least one well will need to be located in the South 105th Street right-of-way. This task includes securing a street use permit and preparing a traffic control plan for the well install. Costs associated with obtaining a street use permit are included in the attached estimate. Task 2, Monitoring Well Installation. In an effort to evaluate groundwater conditions in the vicinity of observed soil impacts during the redevelopment excavation and to assess whether the soil impacts have resulted in impacts to groundwater, SoundEarth will advance nine hollow -stem auger borings at exterior locations on the Property. The borings will be completed as monitoring wells and will be properly developed before sampling to ensure that a representative groundwater sample is collected. Drilling activities will be completed using a truck -mounted hollow -stem auger drill rig. The soil borings will be advanced to a depth of approximately 20 to 25 feet below ground surface (bgs), depending on groundwater conditions observed during drilling. Soil samples will be collected at approximate 5-foot intervals and described in general accordance with the Unified Soil Classification System by a SoundEarth geologist. Soil samples will be screened in the field for potential evidence of contamination by using visual t y r.,st ondoariIiIrrt° c dodo Eb.tt° k1,l'9[dd 'Always do riujidt.. ��lil� �,r,riuti pruEktF. 83 EXHIBIT A City of Tukwila July 29, 2020 observations and notations of odor and by conducting headspace analysis using a photoionization detector to detect the presence of volatile organic vapors. Based on the results of field screening, up to three soil samples will be submitted to the laboratory for one or more of the following analyses: ■ Gasoline -range petroleum hydrocarbons (GRPH) by Northwest Total Petroleum Hydrocarbon (NWTPH) Method NWTPH-Gx ■ Diesel -range petroleum hydrocarbons (DPRH) and oil -range petroleum hydrocarbons (ORPH) by Method NWTPH-Dx • Benzene, toluene, ethylbenzene, and total xylenes (BTEX) by US Environmental Protection Agency (EPA) Method 8021B ■ Resource Conservation Recovery Act 8 metals using EPA Method 200.8/6020A After completion of the soil borings, monitoring wells will be installed and screened at a depth interval to be determined based on field observations of groundwater. Groundwater is expected to be encountered at a depth of 15 to 20 feet bgs, based on SoundEarth's initial subsurface investigation. The monitoring wells will be constructed of 2-inch-diameter blank PVC casing, flush -threaded to 0.010-inch slot well screen. The bottom of the well will be fitted with a threaded PVC bottom cap, and the top of the well casing will be fitted with a locking compression -fit well cap. The annulus of the monitoring wells will be filled with #10/20 silica sand to a minimum height of 1 foot above the top of the screened interval, and a bentonite seal with a minimum thickness will be installed above the sand pack. The monitoring wells will be completed with a flush -mounted, traffic -rated well box set in concrete. Following installation, the monitoring wells will be developed with the use of a submersible pump. Well development will consist of surging and purging until the groundwater no longer appears turbid and the measured total depth in the well is equivalent to the overall length of the well. Turbidity will be measured visually or with a field turbidity meter by a SoundEarth geologist during well development activities. It is expected that approximately eighteen 55-gallon drums of soil cuttings, decontamination water, and purge water will be generated during drilling and well development. Considering the uncertainty regarding the chemical composition of the soil and water, disposal costs have not been included in the attached estimate. An estimate to profile and coordinate the removal of the drums can be provided upon receipt of the laboratory results. Drilling, well installation, and well development activities are anticipated to take 4 days to complete. If requested by the client, SoundEarth will coordinate the removal of utility markings via pressure washing at the conclusion of our investigation activities for an additional charge. Task 3, Groundwater Sampling. Approximately 48 hours after well development is complete, two SoundEarth geologists will remobilize to the Property to survey the well elevations and collect two rounds of groundwater samples from each of the monitoring wells: one round after surveying well elevations and one round approximately three months after the first round of sampling. The groundwater samples will be collected according to EPA Low -Flow (Minimal Drawdown) Ground -Water Sampling Procedures (April 1996). The groundwater samples will be submitted to the laboratory for analysis of the following: SoundEarth Strategies, Ifnc. P:\1318 City of Tukwila\1318-001 City of Tukwila Properties\Project Management\Proposals and Contracts \Post-Exacavation Wed Install\Revision 1\1318-001_Pest Excavation Well 84 tall Work Proposal_Rl_F.docx Page 2 EXHIBIT A City of Tukwila July 29, 2020 • GRPH by Method NWTPH-Gx • DRPH and ORPH by Method NWTPH-Dx • BTEX by EPA Method 80218 Groundwater sampling activities are anticipated to take approximately 1 day to complete each event. Task 4, Data Review and Tabulation. Following completion of the soil and groundwater sampling activities and receipt of final laboratory analytical results, SoundEarth will tabulate and review the analytical data and produce a figure depicting sample locations and results. Considering the interim nature of the investigation, preparation of a full report is not included in this scope of work. Task 5, Project Management, Client Communications, and Meetings. This task includes labor costs associated with coordinating field schedule and staff resources for the project, as well as project coordination, contracting, and client/stakeholder communications and meetings. PROJECT SCHEDULE SoundEarth assumes that all necessary interior and exterior areas of the Property will be accessible during the subsurface investigation activities. Drilling, well installation, and groundwater sampling activities can be completed within 2 weeks of authorization to proceed, depending on driller availability and the duration of the permitting process. SoundEarth anticipates laboratory results will be available within 2 weeks of each phase of field work. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. SoundEarth will not be responsible for delays caused by factors beyond the consultant's control and which could not have been reasonably foreseen or prevented. PROJECT ESTIMATED COST The estimated cost for this scope of work is described in the attached Table 1. SoundEarth proposes to complete this work on a time and materials contractual basis. Our cost estimate will not be exceeded without prior authorization from the client. SoundEarth Strategies, Ifo ac. Page P:\1318 City of Tukwila \1318-001 City of Tukwila Properties\Project Management\Proposals and Contracts \Post-Exacavation Well Install\Revision 1\1318-001_Post Excavation Well Install Work Proposal_Rl_F.docx 85 EXHIBIT A City of Tukwila July 29, 2020 CLOSING We appreciate the opportunity to provide this work plan for environmental services on this project. If the scope of services and associated costs are acceptable, please sign and return the attached work order (Attachment A). If you have any questions, please contact the undersigned at 206-306-1900. Respectfully, SoundEarth Strategies, Inc. Rya . Bixby, LG Managing Principal Attachments: Figure 1, Proposed Exploration Location Plan Table 1, Post -Excavation Well Installation Cost Estimate A, Work Order RKB:dnm SoundEarth Strategies, Dec P:\1318 City of Tukwila\1318-001 City of Tukwila Properties\Project Management\Proposals and Contracts \Post-Exacavation Well 86 tall\Revision 1\1318-001_Post Excavation Well Pag Work Proposal_Rl_F.docx 4 EXHIBIT A FIGURE SoundEarth Strategies, iric, 87 PROPERTY BOUNDARY PARCEL BOUNDARY FORMER BUILDING OUTLINE I co 0.1 W W W,SOUNDEARTHINC.COM o w± 88 cea amdCa sue — x sod a£1.00-8 mAwm31\ g1a3d0a elm>i e ± A110OO-E1.w-e w All0 81.Emd EXHIBIT A TABLE SoundEarth Strategies, iric, 89 Tukwila, Washington 90 EXHIBIT A ATTACHMENT A WORK ORDER SoundEarth Strategies, iric, 91 Work Order No.: WO01 EXHIBIT A Work Order Date: July 29, 2020 This Work Order incorporates by reference the terms of that certain Master Consulting Services Agreement between the Consultant and Client dated September 18, 2017 (the Agreement). Execution of this Work Order by Client and Consultant will serve as authorization for Consultant to carry out and complete the Services set forth below in accordance with the Agreement. In the event of any conflict between the terms of this Work Order and the Agreement, or the terms of this Work Order and the terms of the proposal specified herein, the terms of this Work Order shall control. Client Name: Project Title/Number: Project Location: Scope of Services: List of Deliverables: City of Tukwila JC7NL Property/1318-001 15005 Tukwila International Boulevard, Tukwila, Washington As described below. Data Tabulation Summary Time Schedule for Performance of Services: Start Date: July 2020 Estimated End Date: December 2020 Fee for Services: Work to be performed on a time and materials contractual basis. Task 1, Scope of Work Development, Permitting, and Pre -Field Activities: $6,234 Task 2, Monitoring Well Installation: $35,938 Task 3, Groundwater Sampling (2 quarters): $11,151 Task 4, Data Review and Tabulation: $3,502 Task 5, Project Management, Client Communications, and Meetings: $3,281 Total Cost Estimate: $60,105 Additional Provision/Information: Client to coordinate access. SoundEarth Strategies, Inc. City of Tukwila By By Print Print Title Title Date Date 2811 Fairview Avenue East, Suite 2000 • Seattle, Washington 98102 206.306.1900 Tel v 206.306.1907 Fax a www.soundearthinc.com 92 0.00a0 Nt0 `0: J 0 0 0 G\ h 0 0O0o'4— er " co-"0 .o — N O h 0 0 0 a 00 h M p N N 6ry 69 .4 69 .4 4 &A 69 V N M CSN O 0 a 00 M .0 04O 00 a O N 43 49 69 69 49 .4 EH 69 69 14969 rH 4449694844 00 09.448644869696909 44 49 .9 49 49 43 49 69 49 SS 6963 44644449 4804 NC, a 000 a 0 C ry m 0 h 0 W .0 6 N a . . Ci M 0 00 N O 09 O N N Vi Y3.46969 04.4 S} 69 0 O N N FN`- M 0 0 O 0 006 [" . 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V3 69 69 69 69 01 IA COUNCIL REPORTING S UMM 1 RY - FLRE STATION 54 A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Pro'ect) COUNCIL REPORTING SUMSLA RI' - Original Rn,t-ol Budget »w,,,L.,•., , . Current Budget cr,,,mdned Budget Life n, ruin- o,.,,, Rr n,i,,'- Committed Remaining Midget Cost at Completion PUBLIC WORKS A/E Services (both Design & CA) $ 767,385 9 15,000 $ 782,385 $ 335,382 $ 293,363 $ 42,019 $ 447,003 $ - Land Acquisition $ 22,000,046 $ 3,374,913 $ 25,374,959 $ 25,373,239 $ 25,371,1.46 $ 2,093 $ 1,720 $ - Permits/Fees $ 110,000 $ (20,000) $ 90,000 $ 1,730 $ 1,730 $ - $ 88,270 $ Construction (Pre --Con, Const & Tax) $ 4,950,000 $ (1,895,000) $ 3,055,000 $ 81,078 $ 81,078 $ - $ 2,973,922 $ - Construction Related Costs (incl Bond) $ 529,036 $ (404,793) $ 124,243 $ 81,598 $ 66,558 $ 15,041 $ 42,645 $ - I PM Services (incl Other Professional Svcs) $ 668,426 $ (348,426) $ 320,000 $ 280,545 $ 177,282 $ 103,263 $ 39,455 $ - I Contingency (incl Construction & Project) $ 975,107 $ (721,694) $ 253,413 $ - $ - $ - $ 253,413 $ - ' 01. � $ 30,000,000 $ - ( $ 30,000,000 $ 26,153,572 11$ 25,991,156 11$ 162,416 1$ 3,846,428 $ - Ile 94 Allan Ekberg, Mayor 2906 TO: Administrative Services Department- Rachel Bianchi, Deputy City Administrator INFORMATIONAL MEMORANDUM City Council Committee of the Whole CC: Mayor Allan Ekberg FROM: Rachel Bianchi, Deputy City Administrator BY: Justine Kim, Senior Program Manager, Shiels Obletz Johnsen DATE: August 3, 2020 SUBJECT: Public Safety Plan — Justice Center Project Number #91630501, Contract 17-167 SoundEarth Strategies, Inc, Amendment No. 7 ISSUE The City requires an amendment to the SoundEarth Strategies, Inc. contract to install monitoring wells and sample groundwater associated with the Justice Center project. The cost of these additional services is included in the overall project budget and staff is not asking for additional budget authority. BACKGROUND The City of Tukwila hired SoundEarth Strategies, Inc. to perform Environmental Site Assessment services (ESA) in connection with the Tukwila Public Safety Plan. ESA services involve two phases; Phase I is the research of potential contamination and Phase II is soils testing. The initial contract provided Phase I services related to the Justice Center (JC) and Fire Station 52 (FS52) sites. On December 7th, 2017, Amendment No. 1 added Phase I and II services to the Public Works (PW) site, Phase II for the Justice Center site and Phase I the Fire Station 54 (FS54) site, in the amount of $111,937. On March 26, 2018, Amendment No. 2 added Phase II services to Fire Station 52 and 54, as well as some additional services needed for soils testing on the Justice Center site, in the amount of $36,325. On May 11 th, 2018, Amendment No. 3 called for additional Due Diligence services, however they were able to be covered by previously approved contingency as well as reallocating funds previously allocated to soils testing work on Fire Station 54, which were no longer needed. Therefore, the contract amount did not increase. On December 26th, 2018, Amendment No. 4 changed the duration of the contract, extending it to December 31, 2019. On March 26, 2019, Amendment No. 5 added remedial excavation and field support activities during construction, in amount of $85,770. In November of 2019, Amendment No. 6 added additional remedial excavation, field support and tank removal activities, in the amount of $73,000, bringing the not -to -exceed amount to $322,032. ANALYSIS Amendment No. 7 is to add services to perform a supplemental subsurface investigation at the Justice Center Site to evaluate groundwater conditions in the vicinity of the observed soil impacts of the Property by installing nine (9) monitoring wells and conducting sampling of the wells. These are anticipated expenditures and are included in the Council approved project budget. FISCAL IMPACT SoundEarth Strategies has provided a proposal of $60,105 to complete this scope of work. The following table shows the Original Contract Amount, the 6 previous amendments, Amendment No. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 95 7, and the new total. The amounts shown below are all within the approved project budgets and staff is not asking for additional budget authority. Original Contract Amount — research of potential contamination to JC and FS 52 $15,000.00 Amendment No. 1 — research of potential contamination and soils testing to PW, soils testing to JC, research of potential contamination to FS 54 $111,937.00 Amendment No. 2 — soils testing to FS 52/FS54, Additional soils testing to JC $36,325.00 Amendment No. 3 — Additional Due Diligence $0.00 Amendment No. 4 — Extend duration of contract $0.00 Amendment No. 5 — Remedial Excavation Observation of JC Site $85,770.00 Amendment No. 6 — Add. Remedial Excavation, Field Support, Tank Removal $73,000.00 Amendment No. 7 — Installation & Sampling of Monitoring Wells at JC $60,105.00 New Contract Amount $382,137.00 RECOMMENDATION Project Management Quality Assurance (PMQA) consultant has reviewed these documents and provided his concurrence. The Committee is being asked to approve the amendment to the contract and forward this item to the August 17, 2020 Regular Meeting Consent Agenda. ATTACHMENTS Proposed SoundEarth Contract Amendment No. 7 SoundEarth proposal for services with scope of work and fee Monthly Budget Report Summary (current w/construction related costs highlighted) Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 96 Meeting Presentation 0 0 N 0 z L) co s_ + -J 0 0 h 6 z co CL s• CU 0 E CO c E CU a) _c -0 CD 0 47; CO V) 0 N V) CV) 97 Site Assessment (ESA) Environmenta co +� C -8 cn D O - N 0_ To 4- OD- C v +� _ QJ c) -p O C C N = Q co CD - U b) 0 c c sao O -0 U U O _o C CC C = txoN = V) hf1 U L O W asa-+ cc C O -0 La > V C C L >. Q. C 0 cu +.+ Q N MI r �..- L O + UJ + C +, Q O a) U a) a a4- v L 2 (n L 4- 1-C N C C a) 0 _cO �2 E F.c5 L 2 Q) C a) O L 2 L L a O Q :(7) o Q O O >� 5 cn O C Q- 4) i C `� Q 72 E v O - N Q -0 `-C 0 4- -C t. 5_ L a) -C O N O v t Q cn Q c/) f6 C ^ L N_ c L O L W •� O 0 Ca O .L ( N O.., N L C _ O_ 44' +' C6 0 O O Cci) N N 'Voz) D N O 0 ro co C Q- Q- i v 0 O 5' ate-+ Q. 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S- S- CO,C 0 Q C t- v v v u .I-, E ,� vs o E E E C as W +, o u o — •F, Q L a)— C w v o- o o> o o as C w n -o co <<1-H<<<< O t- sC Q t =C — — a N N H I— cB 98 Site Assessment OD c _ a o -0 a) W °L'0 uA -0 I - a) +° - aJ a) i - Z v C C o - a, -o co co c -0 '} � +' a, N aA o in __ +-' V I 7 L (gyp �_, L as v v� O O L Contaminants of concern are nA C .I 0 C 0 2 a) a a) a c O L decommissioned 99 100 Construction Phase • Six underground excavation areas. • Contaminated so excavated and O•aL) C N f° U L f0 .L O u 3 N a) O +' [6 f0 N 4-,te co N Q o"- O-c E ' c c an L v 'O O 0 .O (6 i � w O - Q- a) Q- a) a) c Q vE E v Q 0 C O O .co o o_ V° CO a z E 0.. • vicinity of soil impacts. cu c cC 0 V) c CU b0 0 0 Q.) -0 c 0 E.? cu E bx) EL..1 o_ • C▪ .) 4J EL_) 4-JoaCt 0 -0 CD 4J 2 73bO = E " CU" 2 c o a) QO _c rzlzu +-,v) _a co co 0_ .E LLJ LLJ • • encountered. 0 4-1 V) CO 4— CU 41 (13 L0 s_ (I) _c _C 4-0 c) 4-1 V) 4-1 0- co E o_ -0 0 . 0 c •• a) c_ E (1).' 4-1 CO 02 U CO s- " 0_ 0 a) E 5. 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CD • • • groundwater or • a) E a) a) +a 0 co C co "4-0 E +a° To _c ro • • 0 o E ro > co ox ZaU 0 0 -0 C CO C 0 +-; CO U C CO 0 a) 103 104 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes August 10, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson Staff Present: Bruce Linton, Eric Dreyer, Chuck Parrish, Rachel Bianchi Chair Kruller called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract Amendment: SoundEarth Strategies, Inc. for Justice Center Staff is seeking Council approval of a contract amendment with SoundEarth Strategies, Inc. in the amount of $60,105 to install monitoring wells and sample groundwater associated with the Justice Center project. ►tem(s) requiring follow up: Councilmembers requested that Sound Earth present to the Committee of the Whole as there are concerns as to whether the initial testing was done accurately. They also requested that the City Attorney identify whether the City has any recourse - either through the contract with Sound Earth or through the City's insurance carrier - to recoup costs associated with the contamination at the Justice Center site. Committee Recommendation: Unanimous recommendation. Forward to August 24, 2020 Committee of the Whole. B. 2020 2nd Quarter Police Department Report Chief Linton presented the report, covering 1st Quarter highlights, significant operations, and crime statistics. Item(s) requiring follow up: Councilmember Delostrinos-Johnson requested more information on studies cited by the Police Chief. Councilmember Kruller asked that the Police Chief follow up with what is happening with the Port Townsend Police Department. Committee Recommendation: Discussion only. 105 106 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared ly Mayor's review Council review 8/24/20 BJM ITEM INFORMATION ITEM No. STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE: 8/24/20 AGENDA ITEM TITLE Lodging tax allowable use and procedure for use of funds. CATEGORY 111 Discussion Mtg Date 8/24/20 ❑ Motion Mtg Dale ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date Other Mtg Date SPONSOR ❑ Council 11 Mayor 1 HR ❑ DCD ❑ Finance ❑ Fire 1 TS ❑ P&R 1 Police 1 PW/ SPONSOR'S Briefing on allowable use of lodging tax funds and procedure for approving for the use of SUMMARY funds. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety Finance Corn ® Planning/Economic Dev. E LTAC ❑ Arts Comm. E Parks Comm. ❑ Planning Comm. DATE: 8/ 17/ 20 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONsoR/ADMIN. COMMITTEE Mayor's Office, Economic Development Unanimous Approval; Forward to Committee of the Whole. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $ N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 08/24/20 MTG. DATE ATTACHMENTS 08/24/20 Informational Memorandum, dated 08/10/20. Informational Memorandum, Permitted Uses of Lodging Tax Funds, dated 9/23/16. Informational Memorandum, Lodging Tax Approval Process, dated 9/22/16. Minutes from the 8/17 PED Committee Meeting 107 108 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: August 10, 2020 SUBJECT: Lodging Tax Allowable Use and Procedure for Use of Funds ISSUE Briefing on allowable use of lodging tax funds and procedure for approving for the use of funds. BACKGROUND In October of 2016 staff presented two memorandums to the City Council which outlined applicable State law provisions for the use of lodging tax funds and the procedure for how the funds can be used, subject to the requirements of State law and the City Council's legislative process. Both memorandums are being provided to the City Council again for informational purposes. FINANCIAL IMPACT None. RECOMMENDATION Forward to August 24 Committee of the Whole meeting for discussion. ATTACHMENTS • Memorandum, Permitted Uses of Lodging Tax Funds, dated September 23, 2016. • Memorandum, Lodging Tax Approval Process, dated September 22, 2016. 109 110 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Safety Committee FROM: Brandon J. Miles, Business Relations Manager CC: Mayor Ekberg DATE: September 23, 2016 SUBJECT: Permitted Uses of Lodging Tax Funds. ISSUE The City charges a 1 % special excise tax on the sale of or charge made for overnight lodging stays. State law limits how these funds can be used. This memo outlines the limits on the use of lodging tax and discusses permitted and prohibited use of the funds'. BACKGROUND Revised Code of Washington (RCW) 67.28.1815 limits the use of lodging tax funds as follows: [A]ll revenue from taxes imposed under this chapter shall be credited to a special fund in the treasury of the municipality imposing such tax and used solely for the purpose of paying all or any part of the cost of tourism2 promotion3, acquisition4 of tourism -related facilities, or operation of tourism -related facilities. RCW 67.28.1816 goes into further detail about permitted expenditures of lodging tax funds, specifying: Lodging tax revenues under this chapter may be used, directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: (a) Tourism marketing; 1 RCW 67.28 places strict limits on the type of entities eligible to receive lodging tax funds. Additionally, approving expenditures of lodging tax funds is a two-step process, requiring review by the City's Lodging Tax Advisory Committee and City Council. State Law gives considerable authority to the City's Lodging Tax Advisory Committee in reviewing and approving funding requests. For more information on entities eligible to receive funding and the process for awarding funds, see the memo dated September 22, 2016, entitled, "Lodging Tax Approval Process." 2 RCW 67.28.080 defines "Tourism" as "economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs." 3 RCW 67.28.080 (6) defines "Tourism promotion" as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." 4 RCW 67.28.080 (1) provides the following definition of "Acquisition" ..."includes, but is not limited to, siting, acquisition, design, construction, refurbishing, expansion, repair, and improvement, including paying or securing the payment of all or any portion of general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purpose or purposes under this chapter." 111 INFORMATIONAL MEMO Page 2 (b) The marketing and operations of special events and festivals designed to attract tourists; (c) Supporting the operations and capital expenditures of tourism -related facilities5 owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW; or (d) Supporting the operations of tourism -related facilities owned or operated by nonprofit organizations described under 26 U.S.C. Sec. 501(c) (3) and 26 U.S.C. Sec. 501(c)(6) of the internal revenue code of 1986, as amended. DISCUSSION Several Councilmembers have inquired about permissible uses of lodging tax funds. Based upon the limitations outlined above, staff would like to provide some guidance on the future use of lodging tax funds. A simple question that can be asked to help determine if lodging tax funds can be used is: "Is the activity, operation or expenditure designed to increase tourism or welcome tourists to the City?" If the answer is yes, then lodging tax might be able to be used after further analysis of the specific funding request. Tourism could include people who travel and stay overnight in the City (overnight visitors) or those who travel to the Tukwila for the day (day visitors). Economic activity from Tukwila residents would not be considered tourism. The following lists examples of activities, operations and expenditures that would likely be eligible for lodging tax funding. This is not intended to be an exhaustive list. • Marketing and advertising intended to bring overnight visitors to the City. • Marketing and advertising intended to bring day visitors to the City. • Installation of new "way finding" signs for tourists and installation of City identification signs. • Sponsoring, operating, and marketing of special events or festivals, either by the City or third parties, if designed to bring tourists to the City. • Installation of banners on street poles or across city streets if either welcoming tourists to the City or promoting upcoming events. • Capital improvements, such as park improvements or trail improvements, designed to be used primarily by tourists. • Maintenance of parks primarily used by tourists, such as Fort Dent Park or the Green River trail. 5 RCW 67.28.080 (7) defines "Tourism -related facility" as, "...real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a)(i) Owned by a public entity; (ii) owned by a nonprofit organization described under section 501(c)(3) of the federal internal revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section 501(c)(6) of the federal internal revenue code of 1986, as amended, a business organization, destination marketing organization, main street organization, lodging association, or chamber of commerce and (b) used to support tourism, performing arts, or to accommodate tourist activities." 112 C:\Users\Brandon-m1AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LWDZNIVO\Memo 2 Eligable Activites.docx INFORMATIONAL MEMO Page 3 * Supporting marketing and operations of government entities (City of Tukwila and SSRTA) or nonprofit organizations, when activities performed are designed to attract tourists to the City 0[welcome tourists tDthe City. The following lists examples of activities, operations and expenditures that would likely NOT be eligible for lodging tax funding. This list is not intended to be exhaustive. * Funding basic general governmental operationsufthe City* * Marketing and advertising directed at residents. * Way finding signs inresidential areas intended for residents. * Sponsoring of special events or festivals intended for residents. * Capital improvements, such as park improvements, intended for residents (such as at parks used primarily byrenidento). * Maintenance ofparks primarily used byresidents, such aoHazelnut Park. • Capital expenditures for tourism related facilities owned or operated by a non-profit. Reporting Requirements RCW 67.28.1816 requires that entities receiving lodging tax fund report metrics back to the rnUni[ip8|Uv. Per State L8xv, the following is required to be submitted to the City in the project close out for 8specific funding request: 1. Actual number ufpeople traveling for business orpleasure unatrip. 2. Number Ofpeople traveling for business and pleasure and staying inpaid accommodations inthe City. 3. Visitors who traveled more than 50 miles ormore from their place ofresidence of businesses for the day Orstaying overnight. 4. Visitors who traveled from another county or state. It is important to note that the City's Lodging Tax Advisory Committee is granted significant authority bvRCVV87.28.1818when reviewing lodging tax requests. The City Council cannot reverse 8decision Ofthe Committee if the Committee chooses not t0approve @ specific funding application. Traditionally, the Committee has considered the metrics outlined above very strongly when considering funding [HqU8StS. RECOMMENDATION Information and discussion only. Forward tOthe October 1O'2O18Committee Ofthe Whole meeting for discussion by the full Council. ATTACHMENTS *None. 6 The City is permitted to charge special funds, like the lodging fund, for costs incurred by the general fund tnsupport the special funds. c:\&aors\Brammn-m�Appoam\Lvoo|Vwiomaoffiwinuvwo|womoone\CvnmntououvNuwozww0momvusopameAmivitesuoox 113 114 ity of Tu ha I F A TI 0 TO: Finance and Safety Committee FROM: Brandon J. Miles, Business Relations Manager CC: Mayor Ekberg DATE: September 22, 2016 SUBJECT: Lodging Tax Approval Process A Allan Ekberg, Mayor ISSUE The City charges a 1% special excise tax on the sale of or charge made for overnight lodging stays. The use of these funds is limited to tourism promotion. The following memo outlines the steps the City must follow in order to expend these funds, as provided by State law. Staff is seeking input from the City Council on the process for awarding lodging tax funds in 2017 and beyond. BACKGROUND As required by Revised Code of Washington (RCW) 67.28.1815, the City deposits lodging tax funds into a special fund and uses the funds, "...solely for the purpose of paying all or any part of the cost of tourism, promotion, acquisition of tourism related facilities, or operation of tourism - related facilities? These funds are used to support a variety of tourism promotion activities by the City and third parties, such as the Museum of Flight and Starfire Sports. RCW 67.28.1816 limits the entities eligible to apply for direct lodging tax funding to the following: 1. Cities, towns, and counties of Washington State; 2. Convention and Visitors Bureaus; 3. Public Facilities Districts; and 4. Non -Profits organized as either a 501(c)(3) or 501(c)(6). Approving lodging tax expenditures is a two-step process involving both the City's Lodging Tax Advisory Committee (LTAC) and the City Council. As discussed below, State Law provides considerable authority to the City's LTAC is reviewing and approving request to use lodging tax funds. Lodging Tax Advisory Committee In 1997, the legislature authorized the creation of local lodging tax advisory committees to review and comment on any new lodging tax, increase in the tax rate, repeal of an exemption or change in the use of the lodging tax revenue (RCW 67.28.1817). The City of Tukwila's LTAC was created via Council Resolution No. 1381 and the membership of the committee expanded via Council Resolution No.1533. Membership of the City's LTAC includes: • Four businesses where the lodging tax is collected, such as hotels and motels; • Four businesses or organizations engaged in activities eligible to be funded by the tax, such as non -profits, entertainment destinations, retailers and restaurants; and 1 See memo entitled "Permitted Use of Lodging Tax Funds," dated August 30, 2016, which provides more details on allowable expenditures of lodging tax funds. 115 INFORMATIONAL MEMO Page 2 * One City elected official, traditionally the Council President, who 8mn/eo as the chair ofthe |n2013, the legislature amam�RCW 67.28.1816ond expanded the role of the local lodging tax advisory committees. Now, inmunicipalities with apopulation ofover 5,000.requests to use lodging tax funds — including requests bxthe municipality itself — must be submitted directly to the lodging tax advisory committee. This means that the City VfTukwila must submit an application to the LTAC to expend lodging tax funds for City of Tukwila activities. The lodging tax advisory committees review the applications for funding inapublic meeting and then forwards a|ist of candidates t3the municipality for final action (RCWO7.28.1016).Aspart of the application process, a requestor must provide to the City estimates on how the lodging tax funds will result in increase in the number of people traveling for businesses or pleasure on etr|p. City Council Review Process in 2016 |nJune of2O10,staff took funding request applicationsreviewed bvthe City'oLTACtmthe Finance and Safety Committee. After Finance and Safety review, the applications were forwarded to the Committee of the Whole for discussion and review and then forwarded to a Regular City Council meeting for final action. Once the Council approved the funding requests, the recipients entered into service contracts with the City. VVashinqt0n State AffonneyGeneral's Informal Opinion As part of the 2O18applications, reviewed by the City Council in June of this year, staff informed the City Council that the Council had two options with each application: (1) The Council could concur with the City's LTAC and agree to fund an application as presented or (2) the City Council could choose not to fund a specific application. Staff informed Council it could not change the specific dollar amounts recommended by the LTAC based on interpretations of RCW 67.28 provided by Municipal Research Service Center and the Association of Washington (}nAugust 17,2O18.the Washington State Attorney General's Office ("\G'S issued an informal opinion regarding whether a municipality could change the dollar amounts recommended bvthe local lodging tax advisory committee. zThe AG's Off ice opined that a municipality can change specific dollar amounts recommended bythe lodging tax advisory committee, provided the municipality waits 45'd2y8before taking final action and that the lodging tax advisory committee iGprovided Onopportunity tOcomment oOthe revised dollar u amount. However, the AG's Office cautioned that a municipality cannot choose to fund a fundinqrequest which was not approved bythe LTAC. While aninformal Attorney General » See AG'oInformal Opinion dated August 17.2O1G.available edhUpxYmrao.ouq/qetmedka/O5S259Qb' When awarding lodging tax revenues pursuant &nRCN/G�28./B/ a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change bothe advisory committee for review and comment otleast forty-five days before final action nnthe proposal. ZACouncilxgenda ItemsWayor'sofficdoxeusinesses\Memox.Process for Lodging Tax mnds.docx 116 INFORMATIONAL MEMO Page 3 opinion is not binding on the City, this opinion provides helpful guidance and would be considered persuasive authority should a court ever examine this issue. DISCUSSION Staff would like Council concurrence for approving lodging tax funding request in 2017 and beyond, as outlined below. This proposed process is consistent with adopted City Council process for legislative items, RCW 67.18, and the AG's Office Informal Opinion. 1. Applications to use lodging tax funds are made directly to the LTAC, via its designated staff member in the Mayor's Office. The City accepts applications on a rolling basis in order to respond to proposed activities and events, which might arise during the year. 2. The LTAC reviews the applications for use of lodging tax funds at an open public meeting or at several opening meeting, if the LTAC wants additional time to consider an application. If LTAC recommends to the City Council that the application be approved it must recommend a specific dollar amount. Should LTAC recommend an application not be approved it will cease moving forward. 3. The application and LTAC's approval recommendation is then forwarded to Finance and Safety for its review. 4. Finance and Safety reviews and then forwards its recommendation to the full City Council. 5. The full Council reviews and then takes final action on the funding request. If the Council concurs with LTAC's recommended amount, no further Council action on the application is required. 6. If the Council desires to modify the amount to be provided to a specific requestor, the City Council must provide 45-days' notice to the LTAC before taking final action. During this 45-day period, the LTAC will meet and consider the City Council's modification and either provide a comment letter to the City Council or choose not to comment. After the 45-day period had concluded, the City Council could take final action, after considering the LTAC's comment letter. 7. The City enters into a service or sponsorship agreement with the requestor. If the amount of the agreement is over $40,000 it would require review by the City Council, following the City Council's adopted process for review of agreements. RECOMMENDATION Forward to the October 10, 2016 Committee of the Whole meeting for briefing and discussion. Staff will bring a motion forward to the October 17, 2016 Regular Council meeting adopting a process for approval of lodging tax applications. ATTACHMENTS • 2016 Lodging Tax Fund Application. Z:\Council Agenda Items1Mayor's Office\LTAC Businesses\Memo 1, Process for Lodging Tax Funds.docx 117 118 City of Tukwila City Council Planning & Economic Development Committee Meeting Minutes August 17, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Thomas McLeod, Kathy Hougardy, Zak Idan Staff Present: Rachel Bianchi, Brandon Miles, Derek Speck Chair McLeod called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Current Economic Development Vision Staff presented an overview of the current policies, vision and goals guiding Economic Development staff work. Committee Recommendation Discussion only. B. Agreement: Southside Promise Staff is seeking Council approval of an agreement with Seattle Southside Chamber of Commerce in an amount not to exceed $50,000 for the Southside Promise initiative, providing COVID-19 recovery assistance. Committee Recommendation Unanimous approval. Forward to August 24, 2020 Special Consent Agenda. C. Lodging Tax Uses and Process Staff provided a briefing on the allowable uses and associated procedures for lodging tax revenue. Committee Recommendation Forward to COW for discussion. D. Lodging Tax Use History Staff provided a briefing on the historical usage of lodging tax funds. Committee Recommendation Discussion only. 119 120 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 8/24/20 BJM ITEM INFORMATION ITEM No. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 8/24/20 AGENDA ITEM TITLE Business License Fee Deferral CATEGORY WI Discussion Mtg Date 08/24/20 E Motion Mtg Date E Resolution Meg Date E Ordinance Mtg Date E Bid Award Meg Date E Public Hearing Mtg Date fl Other Mtg Date SPONSOR ❑ Council K. . Mayor P HIS ❑ DCD I- Finance I hire ❑ TS I- P&R P Police ❑ PLV SPONSOR'S The Planning and Economic Development Committee requested a discussion on business SUMMARY license fee deferral. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ® Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 8/17/20 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. CoMMIIIEE N/A N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/24/20 MTG. DATE ATTACHMENTS 08/24/20 Informational Memorandum dated August 10, 2020. Minutes from the 8/17 PED Committee Meeting 121 122 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: August 10, 2020 SUBJECT: 2020 Business License Fee Deferral ISSUE Planning and Economic Development (PED) requested a discussion on business license fee deferral at its May 4, 2020 meeting. BACKGROUND At its May 4, 2020 meeting PED requested information regarding possibly deferring business license fees due to COVID-19. Starting in 2019 the City of Tukwila was required to have its business license issued by the State of Washington. The State has mandated that all cities and towns use the State's system to provide a one stop shop for both municipal business licenses and the required State of Washington business license. When a business submits its business license to the State a fee is paid for the City's portion of the business license and the State's portion. Since the State needs uniformity in processing business license applications there are limits on what the City can and cannot due under the State's system. For 2020 the State of Washington issued just over 1,900 business licenses to businesses conducting activities in the City of Tukwila. This number includes businesses located outside of the City, but which do work within the city limits and non -profits that are required to obtain a license yet are exempt from the City's business license fee. Tukwila's business license fee is based on the total number of full time and part time employees the business has. For full time, the 2020 fee is $112.00 per employee and for part time the fee is $56 per employee. So far for 2020 the City has collected just over $2.2 million in business license fees. All funds collected go into the general fund. The following chart outlines the fee based on business size. Business Size (based on fee paid). Total Number of Businesses in Category Total Fees Paid $25,000 and up. 9 $440,449 $10,000 to $24,999 22 $319,960 $5,000 to $9,999 57 $401,073 $4,000 to $4,999 31 $141,712 $3,000 to $3,999 33 $112,301 $2,000 to $2,999 87 $214,598 $1,000 to $1,999 180 $252,069 $500 to $999 237 $165,789 $150 to $499 469 $139,379 $15 to $498 (companies with one or fewer employee) 772 $66,337 123 INFORMATIONAL MEMO Page 2 DISCUSSION Any proposal to deferral or eliminate business fees in 2021 would result in additional revenue shortfalls for the City. The City would need to identify budget cuts or additional revenue to offset the loss. It should also be noted that the total business license fee collected in 2021 will likely go down next year due to businesses reducing their work force. Even limiting a deferral program to small businesses (businesses that pay less than $500) would result in significant loss of revenue. The nearly 1,200 businesses in this category paid just over $200,000 in the business license fee for 2020. Staff also believes that the business license fee is small given the total operating costs for most businesses. Thus, the City would eliminate revenue for a large volume of businesses, while the benefit could be minimal to the business. Some micro businesses may welcome the fee reduction; however, it's unclear if such a reduction would assist in the business overall survival. Many of these business licenses, while small, were issued for large corporations doing business in the City. It is unclear if the City would create a program to apply to certain size businesses or certain type of businesses (non -chain, locally owned) given the possible limitations in the State's software system. Any changes to the business license fee must be received by the State at least 75 days prior to the effective change date. Since many businesses will pay their 2021 business license in December of 2020, the State would need any changes to the fee schedule by mid -September in order for the change to be in effect when businesses begin the renewal process later this year. FINANCIAL IMPACT Depends if a program was initiated and which size businesses were eligible for the program. RECOMMENDATION Discussion only. Staff does not recommend the City implement a business license fee deferral program for 2021. ATTACHMENTS • None. 124 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/Staff Memo, August 10, FINALdoc Planning & Economic Development Committee Minutes August 17, 2020 E. Lodging Tax Revenue & Ending Fund Balance Forecast Staff provided revised lodging tax revenue forecasts for 2020-2026, reflecting COVID-19 impacts. Items requiring follow-up Provide updates as lodging tax revenue is received. Committee Recommendation Discussion only. F. Business License Fee Deferral Committee members and staff discussed the implications of a business license fee deferral program. Committee Recommendation Forward to August 24, 2020 Committee of the Whole for discussion. IL. MISCELLANEOUS The meeting adjourned at 6:37 p.m. Committee Chair Approval Minutes by DS 125 126 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared ly Mayor's review Council review 8/24/20 BJM ITEM INFORMATION ITEM No. STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE: 8/ 24/ 20 AGENDA ITEM TITLE Agreement with Seattle Southside Chamber of Commerce for "Southside Promise." CATEGORY [ Discussion Mtg Date ® Motion Mtg Date 8/24/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date [I Other Mtg Date SPONSOR ❑ Council 11 Mayor I— HR ❑ DCD ❑ Finance ❑ Fire 1 TS ❑ P&R 1 Police I— P1V SPONSOR'S On July 20, 2020 the City Council approved a lodging tax application from the Seattle SUMMARY Southside Chamber of Commerce for the "Southside Promise" initiative. The initiative will provide outreach, business improvement, technical assistance, and marketing to Tukwila businesses impacted by COVID-19. A formal agreement is needed between the City and Chamber to award the funds. REVIEWED BY E Trans&Infrastructure ❑ CommunitySvs/Safety E Finance Corn ® Planning/Economic Dev. E LTAC ❑ Arts Comm. E Parks Comm. ❑ Planning Comm. DATE: 8/ 17/ 20 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADMEN. COMMITTEE Mayor's Office, Economic Development Unanimous Approval; Forward to Special Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $50,000 $N/A $ N/A Fund Source: LODGING TAX FUNDS (101 FUND). No GENERAL FUNDS WILL BE USE FOR THIS AGREEMENT. Comments: Lodging Tax funds are restricted to tourism promotion activities MTG. DATE RECORD OF COUNCIL ACTION 08/24/20 MTG. DATE ATTACHMENTS 08/24/20 Informational Memorandum dated 08/10/20. Draft Agreement with Seattle Southside Chamber of Commerce. Minutes from the 8/17 PED Committee Meeting 127 128 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: August 10, 2020 SUBJECT: Agreement with Seattle Southside Chamber of Commerce ISSUE Authorize the Mayor to enter into an agreement with the Seattle Southside Chamber of Commerce for the "Southside Promise" initiative. BACKGROUND On July 20, 2020 the City Council approved a lodging tax application from the Seattle Southside Chamber of Commerce for the "Southside Promise" initiative. The initiative will provide outreach, business improvement, technical assistance, and marketing to Tukwila businesses impacted by COVID-19. A formal agreement is needed between the City and Chamber to award the funds. DISCUSSION The services the Chamber will provided under this agreement will be extremely helpful for businesses struggling with the impacts of COVID-19. FINANCIAL IMPACT Total expenditure will not exceed $50,000. The source of funds for this agreement will be the lodging tax (101 fund). No general funds dollars will be used. RECOMMENDATION Forward to August 24 Special meeting Consent Agenda for final action. ATTACHMENTS • Draft agreement. 129 130 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and the Southwest King County Chamber of Commerce (dba, Seattle Southside Chamber of Commerce), hereinafter referred to as "the Contractor," whose principal office is located at 4800 S. 188th Street, Ste. 250, SeaTac, WA 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $50,000.00. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August 1, 2020, and ending, May 1, 2020, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 131 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 4 132 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 4 133 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised May 2020 Page 4 of 4 134 Exhibit "A" Scope of Services The Contractor shall help the City with outreach, business improvement and technical assistance to help businesses with re -opening efforts impacted by the COVID-19 pandemic. Southside Promise: The Contractor shall provide advocacy, technical assistance and support as well as marketing and promotion to help businesses reopen safely and boost consumer confidence to support local businesses. The Contractor shall provide the following services for the Southside Promise Campaign. a) Promoting the Campaign. Contractor shall work with the city and other parities to issue a press release announcing the campaign. The City shall be able to review and edit the press release. The City will be listed as a sponsor or supporter or participant for the campaign. b) Business Outreach. The Contractor will invite Tukwila businesses to participate in the Campaign in accordance with the city's desires. Manage campaign participants and setting up a system to allow businesses to request technical assistance, such as the "Safe Start Toolkits" online. Note, all Tukwila businesses are eligible for free participation regardless of Chamber membership status. c) Technical Assistance. The Contractor shall coordinate and provide technical free assistance to any Tukwila businesses requesting assistance, regardless of Chamber membership status Technical assistance will include information to assist businesses in reopening and operating to meet public hearth COVID-19 requirements, adjusting their business operations, and other assistance to provide support for businesses during the COVID-19 pandemic. d) Sponsorships. Contractor and City shall work to identify possible sponsors (both cash and in -kind contributions). Potential sponsors shall be approved by both Contractor and City. Contractor shall manage sponsorship agreements, acceptance of any funds from the sponsor, and any other sponsorship management._ e) Seattle Southside Campaign Management. The Contractor will provide staff and volunteers to assist with managing any onsite campaign needs that may be necessary. Including but not limited to: review of toolkit, management of reopening plans and implementation, coordination with marketing and partners, etc. f) Social media and photography. The Contractor will provide photographic services as well as contribute social media content that meets the goals of the city to commemorate the effort. The City shall have the rights to use any photography produced for the campaign. g) Marketing and Advertising. Contractor shall identify and execute opportunities to market and promote the campaign. As appropriate, Contractor shall identify the City as a sponsor of the campaign. h) Webinar. Contractor shall produce a technical assistance webinar to assist businesses with complying with COVID-19 reopening requirements. i) Other Digital Initiatives. Contractor shall provide support for the City's SavingLocalKC and Great Tukwila Carryout campaign. Support includes assisting securing press coverage of SavingLocalKC, assisting businesses set up e-commerce platforms, and promoting both SavingLocalKC and the Great Tukwila Carryout via the Contractor's digital assets. CA Revised May 2020 Page 5 of 4 135 Exhibit "B" Compensation Compensation for the Southside Promise outlined above shall be as follows: The City agrees to compensate the Contractor $50,000 for the services outlined in the scope of work outlined in Exhibit "A". The City shall provide an initial payment of $10,000 to the Contractor. Thereafter Contractor shall bill the City monthly as follows: Date of Invoice Amount August 31, 2020 $5,000.00 September 30, 2020 $5,000.00 October 31, 2020 $5,000.00 November 30, 2020 $5,000.00 December 31, 2020 $5,000.00 January 31, 2021 $5,000.00 February 28, 2021 $5,000.00 March 31, 2021 $5,000.00 City shall have 30-days from date of invoice to remit payment. Reporting Contractor shall provide the following monthly reports with each request for payment: a. Web analytics showing total number of sessions and view of the campaign's webpage. City may ask for other information available on google analytics or other service used by the Contractor. b. Total number of Tukwila businesses provided assistance by Contractor. c. Total number of "Safe Start Toolkits" distributed to Tukwila businesses. d. Examples of any press releases, social media, or other media colleteral highlighting the campaign. e. With the final invoice for this Agreement, Contractor shall submit the following lodging tax reporting information to the City: a. Overall attendance at your proposed event/activity/facility. b. Number of people who will travel fewer than 50 miles for your event/activity. c. Number of people who will travel more than 50 miles for your event/activity. d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) CA Revised May 2020 136 Page 6 of 4 City of Tukwila City Council Planning & Economic Development Committee Meeting Minutes August 17, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Thomas McLeod, Kathy Hougardy, Zak Idan Staff Present: Rachel Bianchi, Brandon Miles, Derek Speck Chair McLeod called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Current Economic Development Vision Staff presented an overview of the current policies, vision and goals guiding Economic Development staff work. Committee Recommendation Discussion only. B. Agreement: Southside Promise Staff is seeking Council approval of an agreement with Seattle Southside Chamber of Commerce in an amount not to exceed $50,000 for the Southside Promise initiative, providing COVID-19 recovery assistance. Committee Recommendation Unanimous approval. Forward to August 24, 2020 Special Consent Agenda. C. Lodging Tax Uses and Process Staff provided a briefing on the allowable uses and associated procedures for lodging tax revenue. Committee Recommendation Forward to COW for discussion. D. Lodging Tax Use History Staff provided a briefing on the historical usage of lodging tax funds. Committee Recommendation Discussion only. 137 138 UPCOMING MEETINGS AND EVENTS AUGUST AND SEPTEMBER 2020 Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page), AUG 24 MONDAY AUG 25 TUESDAY AUG 26 WEDNESDAY AUG 27 THURSDAY AUG 28 FRIDAY AUG 29 SATURDAY Community Services & Safety Committee 5:30 PM Electronic meeting L Finance Committee 5:30 PM Electronic meeting Y City Council Committee of the Meeting 7:00 PM Electronic meeting C.O.W. Meeting to be immediately followed by an Electronic Special Meeting. > Tukwila 2021-2022 City Budget Listening Session 6:00 PM Share your thoughts! Check City website at( TukwllaWA-gov fors Zoom meeting registration information. > Arts Commission 6:00 PM Electronic meeting ,Hosted by Food Innovation ? r , , .uz;,i r �7 i u �1 x { y r t,,,:, - rb�;i `,�"r�",s,i„ ,,,��a Network Wednesdays (Jun 24—Oct 14) (Jun PM-7:00 PM 4:00Whole 3:00 PM-4:00 PM (Special hour reserved for 60+ and others most vulnerable to COVID-19) Tukwila Village Plaza 14350 Tukwila Intl Blvd For more information, visit foodinnovationnetwork.org! markets 1. Planning Commission Cancelled Due to staff furloughs resulting from the financial impacts of the coCity Hall pandemic, the City Hall campus will be closed to the public on Fridays through the end of 2020. Staff will work remotely on Friday mornings and will be furloughed Friday afternoons- Action C.ciolmittee Tukwila International Boulevard Action Committee Trash Pick -Up Day 9:00 AM —10:00 AM For more information, call Sharon Mann at 206-200-3616, AUG 31 MONDAY SEP 1 TUESDAY SEP 2 WEDNESDAY SEP 3 THURSDAY SEP 4 FRIDAY SEP 5 SATURDAY No Council or Committee meetings this week„ except as noted, due to a 5th Monday week. Special Transportation and Infrastructure Committee meeting(Jun 5:30 PM Electronic meeting Library Advisory Board 5:30 PM Electronic meeting k ' r' zU ir�„fki Hosted by Food Innovation Network Wednesdays 24— Oct 14)mornings 4:4:work 00 PM-7:OD PM 3:00 PM — 4:00 PM (Special hour reserved for 60+ and others most vulnerable to COVID-19) Tukwila Village Plaza 14350 Tukwila Intl Blvd 1- Equity & Social Justice Commission 5:15 PM To be determined Due to staff furloughs resulting from the finanaal impacts of the coronavirus pandemic, the City Hall campus will be closed to the public on Fridays through the end of 2020. Staff will remotely on Friday and will be furloughed Friday afternoons. COVID-19 FINANCIAL RESOURCES FOR WORKERS AND BUSINESSES The City of Tukwi a has compiled a range of information being developed by various agencies and governments that may be helpful to community ?, members on the City website. Check back on this resource page frequently for updates as new information becomes available. For more information, visit tukwilawa.govldepartmentsladministrative-serviceslcovid-19-financial-resources-for-workers-and-businesses, TEMPORARY TRAIL CLOSURE AND DETOUR ROUTE The Green River Trail is closed between Tukwila International Boulevard and East Marginal Way. Closure is anticipated through November 30'h. For a map of the detour route, visit records,tukwilawa.govlWebLink111edoc/331053,pagel,aspx, ADOPT -A -SPOT AND BECOME A PARK STEWARD A A year round partnership with residents, community groups and businesses to help beatify Tukwila's parks and trails. Will you 7 ° ;rEa a s`e AFC:Ri rE(i.' consider adopting a spot by pitching in to pick up litter in your favorite parks? For more information, call 206-767-2315 or visit tukwilawa-govlresidents/parks-recreation/adopt-a-spot. „ Monday i, TL I KW I I A TUKWILA PARKS AND RECREATION's PARK N' PLAY mobile recreation and summer meals (youth ages 18 and under). Schedule shown below. For more information, visit tukwllawa,govldepanmantslparks-and-reereationlsurnmer-20201. .___.. 11 OO AM — 11:50 AM 12:1 O PM-1:00 PM Jul 6 —Aug 27 Community Center Crestview Park — Thursday Cascade View Community Park Foster Park serves hot Jun 22 —Aug 28 Monday - Friday Aug 3—Aug 28 Monday - Friday pre-K - 12 12:00 PM — 1:00 PM 12:30 PM —1:00 PM lunches, Hampton Heights Apartments Parking Lot s Southgate Mobile Home Park 5711 S 152" St 14005 42" Ave S Cascade View Elementary — 13601 32" Ave S Thorndyke Elementary — 4415 S 150`n St PM Tukwila Elementary — 5939 S 149° St and ___ - .... ._ .... _ ... Jul 13 — Aug 17 Monday - Friday years old. 8:00 AM — 10:00 AM S 148th Street r darn Mt an SNACKPACK MOBILE lunches to children from To volunteer and help serve call 206-717-44709 or email at TukSnackPack@gmail.com, 414, Aug 3 — Aug 31 t Tukwila Monday - Friday s,.,+>.,...+,.., _.,.. 10:00 AM — 12:00 ��- - IMPACT PUBLIC SCHOOLS offerreakfast I M PACT lunch meals to an child from 1-18 . ..3438 FREE COVID TESTING AVAILABLE ON THURSDAYS, Mobile unit on site 9am to 3pm (with lunch break from 12;00 to 1 30 pm). ©©�� No insurance necessary. If you have insurance, then the medical team can bill your insurance with no co -pay fee. CnG� DRIVE THRU PICK-UP — 3118 S 140TH S'T Regular pantry hours are 10:00 AM— 2:30 PM (Tue, Thu and Sat). Tukwila Pantry is in need of shopping hags. VOLUNTEERS — In need of volunteers Wednesday, Friday and Saturday mornings at 9 AM to prepare 500+ bags of food and clean up. DONORS — Please donate at TukwilaPantry,org. King County Library System CURBSIDE TO GO PECK -UP TUKWILA LIBRARY 14380 Tukwila International Blvd Tuesdays —Wednesdays 1:00 PM — 7:30 PM Thursdays — Saturdays 10:00 AM — 4:30 PM You can now place new holds, activate suspended holds, and pick up holds. You will get an email notification when our holds are available. Or stop by to pick up a surprise bag of 5 book titles at any Curbside to Go location. For more information, call 206-242-1640 or visit kcls,orgl. 139 Tentative Agenda Schedule MONTH MEETING 1 — REGULAR MEETING 2— C.O.W. MEETING 3— : REGULAR MEETING 4— C.O.W., Aug 10 17 24 See this week's agenda packet cover sheet for the agenda: August 24, 2020 Committee of the Whole Meeting Special Meeting to follow the Committee of the Whole Meeting. MONTH MEETING 1 — REGULAR MEETING 2 C.O.W. MEETING 3—' REGULAR MEETING 4— C.O.W. Sep 7 �, ft piay No Council or Council Committee meetings 14 Special Presentation r 21 Special Presentation 28 Special Issues An update on South Correctional Entity (SCORE). Special Issues Annual State of the Court Address Appointment - COVID-19 weekly report. - COVID-19 financial impact report. - An update on the Cty's permit process. e 42nd Avenue South�Bn sig Replacement — 30 / design consultant contract. - 42nd Avenue South Bridge— In-depth inspection report. - Public Works Shop: Fleet and Facilities contract amendment with SOJ (Shiels Obletz Johnsen) and budget update. - COVID-19 weekly report: COVID-19 financial impact report. An ordinance and resolution on Transportation Concurrency. A resolution adjustin fn er not g 9 p fees. An ordinance and a resolution adjusting false alarm fees. - A resolution adding a Change Fund for the Police Department. - A resolution adding a new fee for redacting video from body cameras. - Parks and Recreation Projects: (1) A resolution to complete rthe-RCO (Recreation and Conservation Office) grant application. (2) A contract for park and trail improvementsin the amount of $155,000. - A Memorandum of Understanding regarding PSERN (Puget Sound Emergency Radio Network) Special Meeting to follow the Committee of the Whole Meeting. Consent Agenda Confirm the appointment of Nathalie Summ to Position #2 on the Park Commission. Consent Agenda - A contract for the Tukwila Pond Park Master Plan for $125,000. - A resolution authorizing cancellation of unclaimed property. - A resolution ordering cancellation of accounts receivable write-offs. Unfinished Business - COVID-19 weekly report. -Authorize the Mayor tosign a Memorandum of Understanding regarding PSERN (Puget Sound Emergency Radio Network). - A resolution adjusting fingerprint fees. - An ordinance and a resolution adjusting false alarmfees. - A resolution adding a Change Fund for the Police Department. - A resolution adding a new fee for redacting video from body cameras. Unfinished Business - Parks and Recreation Projects: (1) A. resolution to complete the RCO (Recreation and Conservation Office) grant application. (2) Authorize the Mayor tosign a contract with Evergreen Asphalt for the paving of trails and parks sport courts in the amount of $155.,000. 140